In-House Counsel

The Road Not Taken: Can Legal Organizations Benefit From A Growth Mindset?

A corporate client that is aggressively pursuing a growth mindset culture will want to see at least an appreciation of a growth mindset from its outside vendors, including outside counsel.

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One of the fun things about working in-house is that we get to see the implementation of popular management philosophies in the form of new corporate policies. Legal is not immune from the directives on high that the company is “accelerating change” or “facilitating synergy” between departments. Like all of our colleagues, we receive the instruction to implement this amorphous policy and immediately try to figure out how to fit our square Legal peg into the round hole of corporate action.  

This is not to say that these policies are always inapplicable to legal work. I am often struck by the frequency of when I think, “Hey, this is helpful,” or, “I wish I had known this when I was working at a law firm.” From interacting with colleagues, to time management skills, or being more efficient, there are plenty of ways lawyers can benefit from the lessons of business.

One trendy concept getting some attention these days is that of the “fixed mindset vs. growth mindset”.  Fixed and growth mindsets are psychological concepts studied by Carol Dweck, Ph.D, a psychology professor at Stanford. In short, people with a fixed mindset think intelligence and talent is something a person either has or doesn’t have. People with growth mindsets think these basic qualities can be developed through dedication and hard work. Dweck’s work is well known as it applies to individuals, and now she is looking at how her mindset paradigm applies to corporate organizations.

In these studies, the organizations with a fixed mindset had a few star performers, but for those who were not “stars,” the fixed mindset fostered less commitment from those employees and less incentive to innovate, and were less likely to discourage questionable behavior to get ahead. Fixed mindset organizations value pedigree over individuals who are eager for challenges and collaboration.

Conversely, companies with a growth mindset foster innovation, collaboration, trust, and commitment to learning. Not everyone is happier with a growth mindset, however. Valuable employees with a fixed mindset can become frustrated when they feel their special talents are not sufficiently appreciated compared with their less deserving colleagues, and these would-be stars are at a higher risk of leaving the organization. It isn’t surprising that companies are starting to investigate the advantages of adopting a growth mindset over a fixed mindset because they are interested in reaping the benefits of a more engaged and motivated workforce that is incentivized to innovate and take on greater challenges.

If we work from stereotypes, law firms are organizations that foster a fixed mindset. Associates are hired from a pool of summer associates who performed well in their first year of law school. The legal industry trades in presumed prestige and pedigree. If you went to the right schools and got good grades you are assumed to be smarter, and therefore a better lawyer.

In a fixed mindset paradigm, lawyers benefit from not taking risks and using what they know worked in the past, even if a new way would be more effective. A fixed mindset rewards conservative behavior, which is usually why lawyers are rewarded. However, particularly for in-house counsel who cannot afford to repudiate directives to change corporate culture, there are ways to incorporate a growth mindset for lawyers. For example, broadening hiring criteria, allowing for cross-training in specialties for current attorneys, or rewarding new, smart solutions instead of relying solely on what has worked in the past, are all ways a lawyer or law firm can support a growth mindset.

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At this point, the research has been focused on individuals and business organizations, not lawyers or legal organizations (including a wonderful discussion by ATL’s own Keith Lee about grit and a growth mindset for lawyers as individuals). 

Currently, there is no evidence that legal organizations that have thrived operating on a fixed mindset will experience the same benefits as other businesses that have adopted a growth mindset, but law firms must be aware of the corporate cultures of their business clients. A corporate client that is aggressively pursuing a growth mindset culture will want to see at least an appreciation of a growth mindset from its outside vendors, including outside counsel. And who knows, maybe if we make a few small steps towards a collective growth mindset, we might find a way to improve our work environment and our work itself.

Celeste Harrison Forst has practiced in small and mid-sized firms and is now in-house at a large manufacturing and technology company where she receives daily hugs from her colleagues. You can reach Celeste directly at [email protected].

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