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How to fail

There are some significant misunderstandings about failure. A common one, similar to one we seem to have about death, is that if you don't plan for it, it won't happen.

All of us fail. Successful people fail often, and, worth noting, learn more from that failure than everyone else.

Two habits that don't help:

• Getting good at avoiding blame and casting doubt
• Not signing up for visible and important projects

While it may seem like these two choices increase your chances for survival or even promotion, in fact they merely insulate you from worthwhile failures.

I think it's worth noting that my definition of failure does not include being unlucky enough to be involved in a project where random external events kept you from succeeding. That's the cost of showing up, not the definition of failure.

Identifying these random events, of course, is part of the art of doing ever better. Many of the things we'd like to blame as being out of our control are in fact avoidable or can be planned around.

Here are six random ideas that will help you fail better, more often and with an inevitably positive upside:

1. Whenever possible, take on specific projects.
2. Make detailed promises about what success looks like and when it will occur.
3. Engage others in your projects. If you fail, they should be involved and know that they will fail with you.
4. Be really clear about what the true risks are. Ignore the vivid, unlikely and ultimately non-fatal risks that take so much of our focus away.
5. Concentrate your energy and will on the elements of the project that you have influence on, ignore external events that you can't avoid or change.
6. When you fail (and you will) be clear about it, call it by name and outline specifically what you learned so you won't make the same mistake twice. People who blame others for failure will never be good at failing, because they've never done it.

If that list frightened you, you might be getting to the nub of the matter. If that list feels like the sort of thing you'd like your freelancers, employees or even bosses to adopt, then perhaps it's resonating as a plan going forward for you.

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Posted by Seth Godin on April 11, 2011 | Permalink

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Legal disclaimers

Spare us the e-mail yada-yada

Automatic e-mail footers are not just annoying. They are legally useless

Apr 7th 2011 | NEW YORK | from the print edition

“IF THIS e-mail is received in error, notify the sender immediately.” “This e-mail does not create an attorney-client relationship.” “Any tax advice in this e-mail is not intended to be used for the purpose of avoiding penalties under the Internal Revenue Code.” Many firms—The Economist included—automatically append these sorts of disclaimers to every message sent from their e-mail servers, no matter how brief and trivial the message itself might be.

E-mail disclaimers are one of the minor nuisances of modern office life, along with fire drills, annual appraisals and colleagues who keep sneezing loudly. Just think of all the extra waste paper generated when messages containing such waffle are printed. They are assumed to be a wise precaution. But they are mostly, legally speaking, pointless. Lawyers and experts on internet policy say no court case has ever turned on the presence or absence of such an automatic e-mail footer in America, the most litigious of rich countries.

Many disclaimers are, in effect, seeking to impose a contractual obligation unilaterally, and thus are probably unenforceable. This is clear in Europe, where a directive from the European Commission tells the courts to strike out any unreasonable contractual obligation on a consumer if he has not freely negotiated it. And a footer stating that nothing in the e-mail should be used to break the law would be of no protection to a lawyer or financial adviser sending a message that did suggest something illegal.

Related topics

• Los Angeles
• United States

So why are the disclaimers there? Company lawyers often insist on them because they see others using them. As with Latin vocabulary and judges’ robes, once something has become a legal habit it has a tendency to stick. Might they at least remind people to behave sensibly? Michael Overly, a lawyer for Foley & Lardner in Los Angeles, thinks not: the proliferation of predictable yada-yada at the bottom of messages means that people have long since stopped paying any attention to it.

from the print edition | Business