The Road Not Taken: The Wheels On The Bus

As lawyers, our “work wheels” are valuable tools, but all wheels need realignment eventually.

(Photo via Shutterstock)

(Photo via Shutterstock)

Think about how you do your job. There’s the stuff that is difficult and requires research, follow-up, and new work-product. Then there’s the stuff you’ve done before: the stuff that doesn’t require you to “reinvent the wheel.”

How often do you look at that wheel? Our work days are so busy and our brains already so exhausted from the work that actually has to be generated, why would we burden ourselves with more work looking at the stuff that we know we can use that won’t be questioned? That’s the whole point of “not reinventing the wheel,” why do work that doesn’t need to be done?

Most of our “work wheels” are based on settled law and serve their purpose nobly. These wheels have been tested successfully, or at least used throughout time without detrimental results. Sometimes, these “work wheels” have become institutionalized crutches because someone a long time ago decided those words are the only acceptable way to move forward. Or, as often happens, a piece of work that addresses a new position is used once and given tacit approval by the internal powers-that-be, then it becomes adopted into the canon of acceptable “work wheels.”  

Our “work wheels” are our lifeline to sanity. So much in law is unknown. We don’t work in equations, we work in persuasions. It is a rare event when we work on something of significance that we know will succeed the way we envision when it is put out in the world. In reality, briefs may not be as persuasive when in the hands of a factfinder, and what were thought of as clear and concise contract terms may turn out to be ambiguous years after execution. Furthermore, at some point in our careers, most of us have had our work reviewed before it went out into the world. Those reviewers had their own quirks and preferences, which influence our work style, whether intentionally or unintentionally, even if it has been years since those reviews.

Particularly for work that, if everyone has done their job well, will never be tested through the courts or arbitration, vetting the value of our “work wheels” can be difficult. If it hasn’t failed or succeeded externally, how much can we improve something that serves our needs and passes a cursory analysis? For in-house lawyers who provide transactional and commercial support, these “work wheels” may be the closest thing to certainty one has on a day-to-day basis. Because we use these wheels so much, they have to be reliable. Instead of giving them the attention they need to ensure these “wheels” continue to serve the purpose we think they serve, we take them for granted. After all, it has been acceptable to use the “wheels” in the past, so they should be good to use in the future, and changing them probably requires an approval, or at least bringing attention to the fact that there may be a problem that could result in a lot more work. It is easier to trust that the “wheels” are reliable and let somebody else solve the maintenance issue.

We may not know how or why our “work wheels” became institutionalized. Most of our “wheels” do not need to be reinvented. They have become part of our professional canon for a reason: they work. However, in today’s corporate environment, which  requires perpetual improvement, these “work wheels” can be worth examining as opportunities for low-hanging fruit. More importantly, circumstances change, goals change, the reasons for crafting something a certain way are not universally applicable, and through time, “work wheels” evolve on their own. Our “work wheels” are valuable tools, but all wheels need realignment eventually.     

Sponsored

All vehicles require maintenance. As lawyers, our vehicles are made up of more than our brains and research databases. We have tools like sample documents, previous work product, and our “work wheels.” Our tools can only take care of us if we take care of them. Unquestioningly relying on the “wheels” in our toolbox is something we all do. We have to. But we also have to jack up the vehicle and slide underneath to give the “wheels” we have put log so many miles on the attention and care they need so they can continue to help us do job we do.


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 C.harrisonforst@gmail.com.

Sponsored