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At least fifteen years ago (maybe more), my husband bought a Garmin GPS navigation system for our car. Although I faithfully hit my destination on our new toy, I found myself getting sidetracked every time Mapquest’s printed directions or my instincts conflicted and sent me in a different direction. As a result of trying to integrate Garmin and my own way of doing things, I get even more confused and lost than without GPS.
I’ll never forget his advice when I complained to my techie husband:Just leave yourself to the GPShe insisted.Even if the directions seem crazy or incorrect, or even if they take you a few miles off course, they will always get you where you want to go without you having to think about it.So I heeded my husband’s advice. Sometimes the GPS takes me to a beautiful trail that I would have otherwise missed. Other times, like a trip to the beach, it leads my girls and I to merrily detour through deserted farmland in Delaware, adding two grueling hours to a long drive.
However, overall, as it turned out, my husband’s advice was correct. GPS, and now Apple and Google Maps, have improved in accuracy, enabling us to avoid traffic and quickly find gas stations and fast food on long trips. In short, navigation systems have become so reliable that directions are one less thing these days. Another task off our plate that doesn’t require an ounce of mental energy.
The value of systems in a law firm is the same. Whether it’s automated or just jotted down on a yellow legal pad taped to your wall, following a system can knock another task off your to-do list.
But there is more to it than that. Because when you commit to the system my husband suggested long ago, you also free yourself from the mental energy of making decisions. Here’s a great example from President Obama himself in his memoir, Promised Land. In one chapter, Obama shared that during his presidency, he never had a problem making decisions and never second-guessed his decisions. Sure, there’s a bit of arrogance in Obama’s admission, but there’s also some common sense. Obama explained that he has a process for every tough decision. Instead of going with his gut (in which case, the decision would suffer from self-immolation), he would call his experts to weigh the pros and cons and invite everyone at the table to talk. Then, Obama would weigh each side, make a decision, and order his team to implement it. Although many of the decisions Obama faced were difficult, he could always sleep at night confident that the outcome was the right one because the process that produced it was so effective. In other words, Obama was able to distance himself from the emotional upheavals that can result from focusing on the output by focusing on what he could control: the process.
So how does this manifest in your law? Let’s take the example of a price quote. Often when lawyers tell a prospective client how much the service will cost, the client may try to negotiate a discount—either by pleading poverty or offering to send you referrals if you show some kindness. Too often attorneys get bogged down in negotiations and either end up offering a reduced rate or, alternatively, turn down the business but feel guilty that they can’t help someone who needs it. So what if you wanted to think of your pricing as a system or policy – a policy developed with a lot of thought and research. Instead of overshadowing your system and muddying the waters like I did with GPS, just stick to it and firmly say, “We set our prices with a strong reflection of the nature of the service and the market.” “We determine and do this ourselves. Do not deviate from the announced rates.” Like Obama’s reliance on process to justify and distance himself from the outcome, here, by focusing on a good pricing policy rather than the outcome (i.e., not accepting a client), lawyers can mitigate some of the guilt of alienating a client.
When we talk about systems, we focus on time saved and order created. But we rarely mention the saving of mental energy and the complications and stress of avoiding another decision. But these benefits only come if you surrender to the system.
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