The Measure of Intelligence is the Ability to Change
– Albert Einstein
French philosopher Jean-Paul Sartre once explored a concept he called mauvaise foi, or “bad faith.” This occurs when someone denies their own freedom to be anything else; they get stuck in a role, much like an actor on stage. In his influential work, Being and Nothingness, Sartre uses the example of a waiter whose actions are overly precise and too eager to please. The waiter’s behaviour appears exaggerated, as if he is performing a role on a stage. Sartre argues that many people live in much the same way—becoming trapped in specific roles or labels, thereby denying themselves true personal freedom and authenticity.
For lawyers, this concept of mauvaise foi can manifest in the rigid adherence to traditional roles and practices within the legal profession. Just as the waiter in Sartre’s example is trapped in his role, many legal professionals find themselves confined by the expectations and norms of their industry. This self-imposed limitation can stifle creativity, hinder professional growth, and prevent lawyers from exploring new and more fulfilling ways to practice law. Recognising and overcoming this “bad faith” can open opportunities for personal and professional transformation, leading to a more dynamic and adaptable legal career.
The Unseen Benefits of Legal Flexibility
By adopting a flexible approach, you can significantly enhance your effectiveness and adaptability. Flexibility in the legal profession is not just about embracing new areas of law but also about how you deliver legal services. For example, integrating conventional legal expertise with strong interpersonal and business skills can unlock new ways to add value for your clients.
Additionally, harnessing your creativity can yield more effective legal solutions. Engaging in creative problem-solving does not mean sacrificing tangible results. In fact, blending innovative strategies with solid legal advice can help you achieve better outcomes for your clients.
Challenging the Status Quo
We have all heard it: “This is how it has always been done.” It is a comfortable phrase, isn’t it? But comfort can lead to stagnation. The legal profession, steeped in tradition, often clings to established practices. Yet, traditional does not always mean optimal. Embracing change and exploring new methodologies can lead to unexpected benefits. So, how do we break free from the shackles of precedent and cherish a more dynamic approach?
Consider how you might say, “This is just the way I am.” Self-deception can prevent you from truly embracing the freedom and power to change your legal career and overall life. When you shy away from taking responsibility for your choices and circumstances, you end up limiting your potential for growth and fulfilment. As Sartre put it, people often go to great lengths to escape the reality that their life outcomes are a result of their decisions. “Man is what he wills himself to be,” he asserts. By denying this freedom, you cut yourself off from opportunities to improve or transform your life. You miss the chance to flourish and evolve.
Most people, to some extent, play a role. Attorneys, advocates, judges—all are roles that you perform. But it is crucial to understand that people also live by the stories they tell themselves, often creating their own limitations. Recognising these self-imposed narratives can be the first step to breaking free and exploring a new legal mindset.
You Might Be Limiting Yourself
Legal professionals often tell themselves that certain elements are essential to their being. You might think you need the pressure of high-stakes cases to thrive, or that you must always be overworked and under constant stress to feel productive. These beliefs can feel true, giving your character a sense of strength and potency. But consider this: you might be limiting yourself, denying the freedom to be more and do more. Rigid paths with no sign of the beautiful curvature of a bend can make you less adaptable—trapped in a self-imposed incarceration. Many lawyers confine themselves within the details of their professional identity. Try pursuing activities you claimed not to like or thought you were not good at. Inevitably, your life will become fuller and more inclusive.
Growing Trends
Client expectations are evolving, with a growing demand for more personalized and client-centric legal services. Clients now expect transparency, regular updates, and a better understanding of the legal process. This trend is pushing lawyers to adopt a more client-focused approach, enhancing communication, and building stronger relationships with their clients.
Legal project management (LPM) is becoming more prevalent as firms seek to improve efficiency and deliver better value to clients. LPM involves applying project management principles to legal cases, including planning, budgeting, and monitoring progress. This approach helps lawyers manage resources more effectively, meet deadlines, and provide more predictable outcomes for clients.
One of the most significant trends driving change in the legal profession is the integration of technology. Legal tech solutions, such as artificial intelligence (AI) for document review, e-discovery tools, and blockchain for secure transactions, are transforming how legal services are delivered. These technologies increase efficiency, reduce costs, and allow lawyers to focus on more complex tasks that require human judgment.
Another trend is the growing emphasis on alternative dispute resolution (ADR) methods, including mediation and arbitration. As clients seek faster and more cost-effective ways to resolve disputes, ADR offers viable alternatives to traditional litigation. This shift encourages legal professionals to develop skills in negotiation and conflict resolution, broadening their practice areas.
Ways to Cultivate a Dynamic Legal Mindset
- Embrace Reinvention: Reinventing yourself is not just okay; it is essential. Every new experience can alter your perspective on the legal world. Allow these changes to foster personal and professional growth, unlocking new doors and opportunities.
- Challenge Your Self-Imposed Limits: Reflect on statements like “I dislike public speaking” or “I can’t manage corporate law.” Are these true limitations or outdated beliefs? By challenging these self-imposed restrictions, you open yourself up to new possibilities and growth.
- Reflect on Your Evolution: Acknowledge that you are always evolving. What was true for you at one point might not be anymore. Recognize the subtle ways you have grown with experience and exposure, allowing this evolution to guide your career path.
- Seek Joy in the Unexpected: There is a unique joy in discovering new interests or skills you previously dismissed. You might have overlooked areas like corporate law early in your career, only to find them fascinating later. Explore these areas with an open mind.
- Confront Your Dislikes: Write down all the practice areas or skills you have avoided. Revisit them now with a fresh perspective. Taking a course or practicing a disliked skill can lead to surprising discoveries about your capabilities and interests.
- Focus on What You Can Control: Accept that some aspects of law are immutable (what Sartre calls facticity). However, within these constraints, you have the freedom to reinvent yourself. Concentrate on what is within your control and remain open to new possibilities.
- Embrace Uncertainty: Professional breakthroughs often come when you are outside your comfort zone. If you feel lost or unsure, consider it a part of the growth process. Embrace uncertainty as a pathway to exploring new, rewarding professional avenues.
Embrace Change
By embracing change and challenging your professional identity, you can uncover new strengths, interests, and fulfilments in your legal career. You have the freedom to shape your life and career as you desire. Do not let self-imposed limitations dictate your path. Recognise the legal profession as a stage where you can continually evolve, adapt, and flourish.
At the Professional Mind Resilience Institute (PMRI), we enhance the professional and cognitive abilities of lawyers with scientifically grounded, neuroscience-based courses and workshops. Join us on this journey of growth and transformation.
For more information, visit us at: www.pmri.co.za or contact us at: info@pmri.co.za
References
- Pishko, I. (2023). Future of Law: AI and Data Evolving the Legal Landscape. Retrieved from LinkedIn.
- American Bar Association. ADR: Increasing Popularity and Collaborative Law. Retrieved from ABA Litigation Podcasts.
- Legal Futures. (2020). How Law Firms are Adapting to Changing Client Expectations. Retrieved from Legal Futures.
- Morgan & DiSalvo. (2020). Collaborative Process: The New Alternative Legal Process for Amicably Resolving Disputes. Retrieved from Morgan & DiSalvo.
- Positive Pricing. (2020). The Rise of Legal Project Management. Retrieved from Positive Pricing.
- Sartre, J.-P. (1956). Being and Nothingness: An Essay on Phenomenological Ontology. New York: Philosophical Library.
- Knowing Me, Knowing You. (2024). Breathe and Make Time for Yourself Magazine, p.60.