On Jan. 22, law firm consultant Gerry Riskin, founding principal and chairman of global consultancy Edge International, stood behind the lectern at the Union League Club in Chicago and delivered a presentation that illustrated the not-too-distant future—as well as the potential consequences for those who choose to ignore it. Titled “Change Is a Constant; So Is Resistance: How Firms Will Have to Accelerate Their Ability to Adapt,” the LMA Midwest address highlighted the impending disruption the legal industry is poised to face from enterprising and well-funded entrepreneurs and the ways the established stalwarts of the industry can evolve to survive.
The Lawyer’s Mindset
The first leg of Mr. Riskin’s lecture focused on unpacking the mindset of today’s legal professionals and why, by nature, it is often maladaptive to the demands of today’s business environment.
A lawyer himself, Mr. Riskin painted a picture of the typical attorney that many legal marketers have become accustomed to. By nature, lawyers are “ferociously independent,” “critical and analytical,” “perfectionists” and “never finished.” All these qualities are admirable—and even beneficial so as much as they relate to the practice of law—but they also are potentially detrimental in light of a changing business landscape.
Mr. Riskin then contrasted the lawyer’s mindset against the mindset of business people, whom he described as “creative” and tolerant of mistakes. While lawyers expect 100 percent to be the minimum, business people are ecstatic when results reach just 66 percent. (For example, transforming 66 percent of all business leads into an actual sale would be an outstanding record for any business development professional).
The problem, as Riskin paints it, is that lawyers are complacent in their traditional mindset and feel no urgency to change. After all, for the majority of law firm leaders, the old way has worked. But more and more, the mentality possessed by business people—one that hinges on trial, error and experimentation—is becoming advantageous because of its ability to give rise to competitive innovation. The challenge, thus, is to encourage lawyers to loosen their grip on the wheel and hand more control over to the business people.
Adapt or Die
Next, Mr. Riskin provided evidence as to why the legal industry must reinvent itself. To dispel skepticism, he provided a stark example of what can happen to an industry innovator that ceases to innovate: Kodak versus Instagram.
Kodak, a company that literally invented the digital camera, is currently working its way out of bankruptcy. Meanwhile, digital start-up Instagram is riding high after being acquired by Facebook for $1 billion.
The example encapsulates the struggle between old and new, which is indicative of the legal industry. Most law firms view one another as the competitor, just as Kodak likely viewed many of its contemporaries as its main rivals. But —as Mr. Riskin conveyed—the real threat to the bottom line are the innovative disrupters, who are likely not even on the radar of most lawyers.
These “innovative disrupters” are not fantasy, Mr. Riskin revealed. Axiom, a non-law firm, describes itself as a “1,000-person firm, serving nearly half the Fortune 100 through 11 offices and four delivery centers globally.” RocketLawyer, an online provider of legal documents and services, recently teamed up with the American Bar Association to collaboratively find a way to provide affordable legal services to small businesses. Similarly, LegalZoom—a contemporary of RocketLawyer—has repeatedly triumphed in court against challenges alleging the company provides unauthorized legal services that violate state laws.
The point Mr. Riskin drove home is that change is inevitable, and it is happening. However, most legal practitioners are either oblivious or willfully ignorant. To actually inspire change in the industry, we first have to understand why so many are resistant to change in the first place.
Why Do We Resist?
In exploring why people are so resistant to change, Mr. Riskin relied on an article by Harvard Business School professor Rosabeth Moss Kanter, in which Ms. Kanter provides compelling evidence as to why individuals resist change so strongly, as well as tips on how to navigate through this resistance.
For example, Ms. Kanter explains that a resistance to change is due, in part, to a perception that there is a loss of control. She writes, “Our sense of self-determination is often the first thing to go when faced with a potential change coming from someone else.” The solution, as Ms. Kanter writes, is to empower those who are affected by change with an opportunity to make decisions in how the change will manifest.
Other contributors to resistance include: excess uncertainty; a sense of surprise; confusion; a personal sense of failure, obsolescence or ineffectiveness; the perception that change is burdensome; and resentment. In addition, sometimes resistance to change is not due to an issue of perception; sometimes the threat of change is very real. As Ms. Kanter writes, in such situations, “The best thing leaders can do when the changes they seek pose significant threat is to be honest, transparent, fast and fair.”
Making Change Happen
Finally, Mr. Riskin wrapped up his presentation with some definitive takeaways on how legal marketers can work to become effective agents of change within their own organizations.
First, he advised to “propose imperfect change initiatives.” The goal is to abandon the idea of perfection in place of action.
Second, to incentivize attorneys to embrace change, Mr. Riskin recommends legal marketers “create a vivid picture of where this initiative leads.” It will benefit the change agent to develop clearly defined goals and timelines so that those who are being encouraged to change have a clear sense of the expectations and outcomes.
Along these lines, Mr. Riskin’s next piece of advice speaks to clarity of vision: “Paint the first step in clear colors.” Those seeking to inspire change within their firms must develop at least a partial roadmap to encourage change. This entails providing clear, actionable steps at the outset of an initiative that are easy to understand and follow.
Next, Mr. Riskin advised legal marketers to “create cult-like, internal promotional communications.” The purpose behind such messaging is to inspire buy-in across the entire organization through the establishment of a cohesive and encouraging culture.
Mr. Riskin then advised that change agents shouldn’t necessarily seek out agreement; rather they should request commitment. Doubt, Mr. Riskin says, is completely acceptable when it comes to encouraging change; however, a failure to act will stymie any attempts at evolution.