There have been amazing developments in technology with
applications to the practice of law. Different technologies collect
and measure information, manage processes, remind us of what to do
and when to act and make it much easier and faster to access and
organize information. Tech helps manage client relationships and
projects, and can even track the patterns of communication within a
group for the purpose of improving performance.
For those people who are willing to change the way they think
and feel about change in general and about learning new skills,
technology improves process efficiency beyond what is humanly
possible. They must be willing to change how they think about
themselves and their value; how people are grouped together,
connected and organized; and how they do what they do. Technology
changes a lot of things, but it does not change human nature.
When technology productizes a service, it replaces a person
whose professional identity was tied to that service and inevitably
leads that person to the hard existential questions about identity,
value proposition and personal brand. Consider the effects of Legal
Zoom, which has productized many services that a lawyer used to
deliver in the community, or Ross Intelligence, which is built on
IBM's Watson, and largely replaces the role of legal
researcher.
Technology not only changes how we see ourselves and our value,
it disrupts our groups and organizational structures by changing
how, when and with whom we can form connections. It replaces the
processes that took us time to learn and master with new processes
that require us to take the time to learn new skills. It is human
nature to feel a sense of loss with any significant change. It is
human nature to feel a sense of disorientation when faced with
having to learn how to use new technology. Superimposed on this
disruption is the fact that tech's value proposition and one's
ability to use a piece of tech is intuitive for some people and
anti-intuitive for others.
Introducing new technology into a law firm or law department is
a significant organizational change. Its success depends on
everyone in the organization wanting to use it, learning to use it
and then using it. Resistance comes because we initially interpret
change as a loss, regardless of whether it turns out to be full of
new opportunities. Resistance also come comes from lawyers, who
layer on top of a general dislike of change, a keen skepticism and
honed ability to argue against change. For this reason, Tom
Mighell, senior consultant for Contoural, said, "Pushing technology
on anyone is always a mistake if you're not also telling them why
it's important or why it will help their practice."
He added, "New technology initiatives are almost never
successful unless there is top-down commitment to the project,
support for the goals of the technology" and communication "early,
often and in positive ways about using technology."
At the intersection of these amazing developments and the people
who are expected to use them is an obstacle course at the end of
which are new opportunities and benefits. The biggest obstacle, the
one that prevents most lawyers from seeing those benefits, is the
way they think and feel.
The Obstacles
Obstacles show up as resistance to change, refusing to use the
technology or complaining about learning new skills and losing old
ways of doing things, and are marked by feelings of loss, confusion
and skepticism. Approaching obstacles with a rational explanation
to address irrational feelings is rarely sufficient. When relied on
alone, it often backfires and increases skepticism and general
resistance to change. Details and solution strategies for improving
the success rate when introducing new technology fall into three
categories:
- Fear
- Confusion
- Not seeing the WIFM factor, and being able to answer the
question, "What's in it for me?"
Fear: People are afraid of failure and being
evaluated by others unfavorably. They wonder whether they will be
able to learn how to use a piece of technology. Jared Correia,
assistant director and senior law practice advisor at the Law
Office Management Assistance Program, explained, "Many firms are
reticent to adopt new technologies because of the learning curve.
They don't take the long view that while an initial decrease in
productivity is to be expected, over time, productivity should
increase exponentially."
Attorney Dan Siegel, president and founder of Integrated
Technology Services LLC, told of another fear that can get in the
way of adopting new technology: the fear of what will happen when
the organization has a unified database that allows others in the
firm to see what they are or are not doing.
Andrew Arruda, co-founder and CEO of Ross Intelligence, has a
slightly different take. He said that lawyers aren't afraid of
change as long as you can provide "hands-on proof of the positive
outcomes." For example, he said, "Look at the shift in thinking
about the risks associated with the cloud versus those associated
with life behind a firm's firewall. Now it's unusual for anyone not
to recognize that the level of security of a large tech firm is
much higher."
This fear of being judged by others as ineffective, low
performers has a work-around. Tackle a problem anchored in a
feeling with emotional intelligence, the ability to identify and
manage the emotions of self and others. This begins with noticing,
naming, and accepting without judgment the feelings that arise, and
is followed by managing those feelings. Tips to manage feelings
include:
- Giving feelings time to dissipate
- Building self-confidence to balance out fear through positive
self-talk and the power poses suggested by Harvard researcher Amy
Cuddy
- Building self-confidence by diving in -- using your tenacity to
learn something new and gradually building confidence by
discovering that you are more capable than you thought
Confusion: Many people feel confused about
specific benefits from a piece of technology and how to use the
technology. Correia sees firms refusing to switch to cloud-based
products, which come with subscription fees, because firm leaders
mistakenly believe that their previously paid, one-time fee for
similar technology is sufficient. They do not bring into their
analysis the cost to update the technology or the even higher cost
on practice performance of not updating it. Arruda suggests tapping
into the interest and curiosity that follows closely on the heels
of confusion. Ross Intelligence is solving the problem of clients
who refuse to pay for legal research. In response to a legal
question, Ross will "read through the entire body of law, and
return a cited answer and topical readings from legislation, case
law and secondary sources." Arruda does more than just talk to a
client about what Ross can do; he shows them what they can
accomplish. Siegel pointed out that "there is a great benefit to
demonstrating how to use a piece of technology to trigger an 'aha
moment' and quickly erase any confusion about how to use the
technology and what it can do."
WIFM: Many people don't see the "what's in it
for me" factor. Leaders are responsible for creating the conditions
to address obstacles, including helping others to see the personal
benefits. In the 1940s, Alex Bavelas, a psychologist at MIT
studying group behavior and change, explained the positive upshot
of including the people, who will be affected by change, in the
decisions of what changes to make and how to implement them. It's
the best way to let people see the WIFM factor and decide for
themselves the degree of personal value. Correia has seen firsthand
how this plays out when staff are not included in technology
decisions. He advises inviting staff "to suggest and test potential
products and provide feedback" if you want them to accept the
ultimate result.
The Solutions
Leaders can increase the chances of success when introducing new
technology by first understanding the psychological driving and
restraining forces. Managing the psychology of the situation means
recognizing that even before people are ready to address fears,
clarify confusion and care about the WIFM factor, they need to feel
dissatisfaction with the current situation. The absence of feelings
of discomfort and dissatisfaction is a significant restraining
force. Managing the psychology of the situation also means that
while people are addressing fears, clarifying confusion and
thinking about their WIFM factor, they must harbor the belief that
their efforts will be successful and lead to the personal and
organizational goals of the technology. Using emotional and social
intelligence, leaders can change the way others feel and what they
believe about using new technology.
Leaders manage the psychology of the situation by:
- Acknowledging that the feelings of fear, loss and confusion are
normal reactions
- Creating personal discomfort with reminders of the risks of not
using new tech
- Demonstrating, by example, the behavior they want to see in
others
- Creating incentives that encourage people to try out a
technology and share their experiences with others
- Reminding everyone that they are capable of facing the
challenge successfully and attaining personal goals and
contributing to the attainment of organizational goals
- Answering the WIFM question on each individual's mind and
explaining the competitive edge they personally gain.
Correia recommends leaders "actually use the technology
themselves to set a good example" and also to "identify persons
within the firm who can be superstar tech users and teach others
how to use it." Siegel suggests reminding people to "just look
around and watch as the least techie people, or the most resistant
to change, are the ones who generally are shown the door first."
Planning your strategy to manage the psychology of resistance that
frequently blocks the intersection of people and technology is the
first step in paving a road to success.