Practice Management

The Obstacle To Change In Law Firms

By Brian J. Ritchey

On the plane coming back from Philadelphia  I was asked by a colleague of mine, Tiffany Poulton, what I thought was an obstacle to change.  After a brief pause, I mentioned that perceived difficulty would be an obstacle to change.  She responded, "what about fear?"

It brought to mind a book and a play I read in college.  The book, Henry James' Beast In The Jungle, is about a man who spends his entire life waiting for an awful event that is to happen to him.  The play, Eugene O'Neill's The Iceman Cometh, is about a group of drunks who waste their lives living in the tunnel of a pipe dream, refusing to change and face their own realities.

In both of these works of fiction, fear is the main driver inhibiting change.  John Marcher, James' protagonist, is so self absorbed in fear that he can't see that he has many opportunities to free himself from the chains he has attached to his life.  Only when realizing his lost opportunities does he see that the "beast" is his own lack of action that has cost him the only thing that brought him comfort in life.

In O'Neill's play, his protagonist, Hickey, has already overcome his obstacle to change, self realization (never mind that it was done by murder), and though he attempts to share that knowledge to his peers, their own fear to accept who they are prevent them from waking from the intoxicated blur of their lives.  As the antagonist Harry exclaims, "Stay passed out, that's the right dope. There aren't any cool willow trees–except you grow your own in a bottle."

What is the obstacle that prevents change in your office?  Is it comfort?   Perceived difficulty?  Or is it fear? 

Why do some attorneys refuse to enter their time as work is performed?  Is it that they are too busy?  Or afraid of the expectation of adding another chore to their workload?

Why do some firms not establish and maintain a strategic plan?  Is it that planning is too time consuming and difficult?  Or are attorneys afraid of being held accountable to the results?

Why do some partners refuse to share work with associates?  Is it a lack of trust?  Lack of motivated associates? Client demands? Or fear that they won't be able to replace the work and thus their compensation may be adversely affected?

It's been said that the only constant in life is change.  However, embracing change for the sake of it alone won't improve income.  Any movement to change processes or habits should be looked at through the effects it can have to your bottom line.  How would it affect productivity to require attorneys enter time as work is performed?  What would happen to the relative tranquility of the firm if you implemented a strategic plan and held everyone accountable for the results?  How would requiring partners to shift work to associates affect the quality of services provided your clients?  How would it affect compensation?

When addressing concerns, be mindful of fear.  Fear may be underlying every reason why the change is fought.  The pipe dream of the status quo may have your attorneys in a self-absorbed state of fear of change.  At all costs this must be defeated to enact meaningful processes that will increase value to the firm, its clients, and its members.

Otherwise, as is written to end O'Neill's play, "The days grow hot, O Babylon. Tis cool beneath the willow trees."

 Tom Collins has written many times on the subject of change in the law firm.  All of them are highly recommended.  Some are linked below:

• Law Firm Plan Is To Change The Plan
  
• The Right Way To Manage Change In the Law Firm
  
• Getting Agreement To Change From Law Firm Partners
  
• A Law Firm's Future Depends On How Well It Can Change
  

 We have begun taking submissions for the 2008 Law Firm Economic Survey.  If your firm is interested in participating, please contact Brian by clicking here.

Full post as published by More Partner Income on March 28, 2008 (boomark / email).