The winds of change in law and life

Ben Franklin astutely noted: “When you're finished changing, you're finished.”  Bob Seger might have disagreed, observing: “Today’s music ain’t got the same soul. I miss that old time rock and roll.”

I have been thinking a lot about change lately. Having just finished my third and final term helping to manage my law firm, much of my daily professional life will now change. I’ll now need to renew my focus on litigation and mediation, billable hours and client demands. Incredibly, some of the friends I began practicing law with are partially or fully retired. On the personal side, my older daughter was married this summer, and my younger daughter is now in law school.  So much change.  For the first time in my life, I don’t even know the current Red Sox lineup.

Many years ago, we hired a new Chief Operating Officer who had no law firm experience.  Before joining our firm, he had been Chief Operating Officer at a biotech company.  I recall in the early going of his tenure with us, when I thought things were going quite well, he said – with obvious frustration in his voice: “We have got to start making more mistakes around here; we’re too cautious.”  He was certainly not talking about mistakes in the practice of law or client care; he was talking about our processes and how we ran our business. He believed, correctly, that too many of us were doing things because that was the way we’d always done them, instead of assessing and reassessing if we were doing things in the best ways.  His message was really about the importance of change.  It was enlightening and caused me to see that those businesses that did not fear mistakes (and even encouraged them in the right measure) and accepted well considered change would flourish; those that stuck reflexively with what was familiar and safe would struggle.  The same holds true for all of us personally.

Psychology and neuroscience studies have shown us that we tend to be attracted to what we know.  We don’t need fancy scientists, though, to persuade us that this is so.  Isn’t it plain to see?  The mere fact that this propensity is obvious and prevalent, however, ought not suggest to us that it is preferable.  As example, U.S. Supreme Court Justices O’Connor and Ginsburg, Law Review members at Stanford and Columbia, respectfully, had very difficult times landing paying law firm jobs out of law school.  Why?  Because in the context of law firms at the time they were different and represented change, and that change was - in too many places - met with stubborn resistance.  Some people and organizations, however, recognize their propensity for what is well worn and known and yet push to change and evolve.  They are the beacons.

In many (but not all) ways we do adapt - sometimes too slowly - as the world changes around us. When I started practicing law, we typically researched the law manually. We communicated with clients and opposing counsel by formal correspondence or telephone, rather than email.  Teams of lawyers and paralegals spent months reviewing hundreds of boxes of client files that are now searched quickly and more accurately by a single lawyer or paralegal while sitting at his computer. Trial lawyers went to court with their stacked boxes of documents and giant poster board exhibits. Much of it seems so primitive now. At the time it seemed there could be no other way.

We all now carry our smartphones everywhere, which in effect puts the world’s library in our hands and connects us to one another easily and always. During the pandemic we learned that we could adapt to new and different ways of working and living. Now, artificial intelligence is here, and it will further change how we work and live.

Don’t worry; ChatGPT reassures us:

“ Change is indeed inevitable—it's a constant in life. Things are always in flux, whether it's our circumstances, relationships, or even ourselves. While change can be intimidating because it often involves stepping out of our comfort zones and facing the unknown, it's not necessarily something to be feared. Change can bring growth, new opportunities, and fresh perspectives. Embracing change allows us to adapt, learn, and evolve as individuals. Instead of fearing it, it's often more productive to approach change with an open mind and a willingness to navigate through it with resilience and optimism.”

This seems like solid advice for our lives, professional and personal.  I’ll try to remember it as I transition back to a full-time law and mediation practice and watch as the winds of change move my daughters farther away.  As I sit here, though, I am wearing my old Mookie Betts Sox shirt and I’m humming that Seger tune.  We are a paradox: defined by continual change, but often determined to resist it.

David W. McGrath is the immediate past President and Managing Director of the firm. Dave represents firm clients in state and federal courts, arbitration and administrative proceedings. He routinely handles trade secret, non-competition, predatory hiring, discrimination, retaliation and whistleblower, wrongful termination, and healthcare related matters. Dave also frequently helps businesses and executives navigate employment separations.

This article is intended to serve as a summary of the issues outlined herein. While it may include some general guidance, it is not intended as, nor is it a substitute for, legal advice.

This article originally appeared on Portsmouth Herald: The winds of change in law and life