Burnout at the Top:  Trust in the Age of Artificial Intelligence

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The late Paul Rawlinson, former Global Chair of Baker McKenzie, left a multifaceted  career legacy:

“Rawlinson, an intellectual property lawyer, achieved a number of triumphs in his professional career, including becoming the first British person to lead the global firm as chairman and overseeing a run of outstanding financial growth during his tenure.

“But a key part of Rawlinson’s legacy is also his public decision to step down from the chairman’s role in October, citing “medical issues caused by exhaustion.” He and his firm’s relative openness about the reasons for taking leave helped stimulate a wider discussion about the mental and physical stresses of the profession.”

Baker McKenzie Chairman Helped Erode Taboos About Attorney HealthThe American Lawyer (April 15, 2019)

Inspired by Rawlinson’s decision to step down, several other similarly-situated leaders went public with their own struggles.[1] Among their stressors was the challenge of how to lead their firms to meet the commercial demands of an era when artificial intelligence has already established its superiority over human efforts in legal research, due diligence, and discovery.[2] It’s not just about efficiency, it’s about the erosion of a key aspect of the attorney-client relationship:  trust. As Rawlinson wrote last year:

‘‘‘The robots are coming’. It’s fast becoming the mantra of our age. And it comes with more than a hint of threat. I’ve noticed especially in the last year or so the phrase has become the go-to headline in the legal news pages when they report on technology in our industry.

“For our profession – where for thousands of years, trust, diligence and ‘good judgement’ have been watchwords – the idea of Artificial Intelligence ‘replacing’ lawyers continues to be controversial. From law school and all through our careers we are taught that the Trusted Advisor is what all good lawyers aspire to become.

“The fundamental issue is trust. Our human instinct is to want to speak to a human. I don’t think that will change. Trust is what we crave, it’s what separates us from machines; empathy, human instinct, an ability to read nuances, shake hands, and build collaborative relationships.”

Will Lawyers Become Extinct In The Age Of Automation? World Economic Forum (Mar. 29, 2018)

Rawlinson acknowledged that clients are often more concerned with efficiency than preserving the legal profession’s historical trust-building process, demanding instead that “lawyers harness AI to make sure we can do more with less… Put simply, innovation isn’t about the business of law, it’s about the business of business.” As a result, Rawlinson’s goal was to find ways his firm could “use AI to augment, not replace, judgement and empathy.”

Speaking from the client point of view, tech entrepreneur and consultant William H. Saito also weighed in on the issue of trust in an AI world.

“As homo sapiens (wise man), we are ‘wise’ compared to all other organisms, including whales and chimpanzees, in that we can centralize control and make a large number of people believe in abstract concepts, be they religion, government, money or business. .. This skill of organizing people around a common belief generated mutual trust that others would adhere to the belief and its goals.”

“Looking back at our progress as a species, we can distinguish several kinds of trust that have evolved over time.

“There is the ability to work together and believe in others, which differentiates us from other animals, and which took thousands of years to develop;

“trust associated with money, governments, religion and business, which took hundreds of years;

“trust associated with creating the “bucket brigade” of passing packets of data between unfamiliar hosts that is the internet, which took decades; and

“network trust that has enabled new business models over the past few years.

“Not only is this rate of change accelerating by an order of magnitude, but the paradigm shifts have completely disrupted the prior modes of trust.”

This Is What Will Keep Us Human In The Age Of AI, World Economic Forum (Aug. 4, 2017)

Rawlinson asked, “will lawyers become extinct?” Saito asked, “Are we humans becoming obsolete?” Both men wrote from a globalized perspective on big policy issues, and the stress of facing them took its toll. Rawlinson’s case of burnout was ultimately terminal. As for Saito, a fter writing his article on trust, he was discredited for falsifying his resume — something he clearly didn’t need to do, given his remarkable credentials. That he would do so seems appropriate to his message, which was that trust in the AI age is not about human dependability, instead it’s about cybersecurity. I.e., in the absence of human judgment and collaboration, your technology had better be impeccable.

Most of us don’t live at the rarified level of those two men. We live where trust still means “empathy, human instinct, an ability to read nuances, shake hands, and build collaborative relationships.”

Or, as my daughter summed it up when I told her about this article, “Buy local, trust local.”

Photo by Ricardo Gomez Angel on Unsplash.

[1] On May 12, 2019, The American Lawyer introduced a year-long initiative Minds Over Matters: A Yearlong Examination of Mental Health in the Legal Profession “to more deeply cover stress, depression, addiction and other mental health issues affecting the legal profession.”

[2] It’s also changing appellate practice, which makes it easy to predict we’ll soon see AI court opinions.

Burned Out? Try a Little Tenderness

otis redding

Thanks to Julian Izbiky for sharing “Does Taking Time For Compassion Make Doctors Better At Their Jobs?NPR (April 28, 2019). It’s about doctor burnout, but its lessons apply equally to lawyers[1] and anyone else who might benefit from the “helper therapy principle” — the idea that helping someone helps yourself — something research shows is especially useful as an antidote to career burnout.

The article profiles the research of Dr. Stephen Trzeciak and Dr. Anthony Mazzarelli, colleagues in a major medical system looking to improve patient care. They started with a question:  “Can treating patients with medicine and compassion make a measurable difference on the wellbeing of both patients and doctors?” 1,000 scientific abstracts and 250 research papers convinced them the answer was a resounding yes.

“When health care providers take the time to make human connections that help end suffering, patient outcomes improve and medical costs decrease. Among other benefits, compassion reduces pain, improves healing, lowers blood pressure and helps alleviate depression and anxiety.”

The two c-authored Compassionomics: The Revolutionary Scientific Evidence that Caring Makes a Difference to describe their findings and to prescribe how compassion can be learned. And once it’s learned, a little goes a long way:

“One study they cite shows that when patients received a message of empathy, kindness and support that lasted just 40 seconds their anxiety was measurably reduced.”

Plus, it was as blessed to give as to receive:

“But compassion doesn’t just benefit its recipients … Researchers at the Wharton School of the University of Pennsylvania found that when people spent time doing good for others … it actually changed their perception of time to make them feel they had more of it.

“For doctors, this point is crucial. Fifty-six percent say they don’t have time to be empathetic.

“‘The evidence shows that when you invest time in other people, you actually feel that you have more time, or that you’re not so much in a hurry,’ Trzeciak says.”

Did you catch that? Taking a moment to connect human-to-human “actually changed their perception of time to make them feel they had more of it” — an astonishing concept for doctors and lawyers enslaved to a clock that measures time, money, and productivity in six-minute increments.[2]

That’s not the only paradigm-shifting implication of Trzeciak and Mazzarelli’s findings:

“‘We’ve always heard that burnout crushes compassion. It’s probably more likely that those people with low compassion, those are the ones that are predisposed to burnout,’ Trzeciak said. ‘That human connection — and specifically a compassionate connection — can actually build resilience and resistance to burnout.’

“Trzeciak and Mazzarelli hope their evidenced-based arguments will spur medical schools to make compassion part of the curriculum.”

How about we add it to the law school curriculum, too?

And thanks to “helper’s high,” the benefits of compassion and connection extend to non-professional work as well. Just think what that would do for “customer service.” (Those Discover commercials are the good, this is the bad and the ugly — and the funny.) And according to this Psychology Today article, you can feel the benefits:

“Helpers report a distinct physical sensation associated with helping; about half report that they experienced a “high” feeling, 43 percent felt stronger and more energetic, 28 percent felt warm, 22 percent felt calmer and less depressed, 21 percent experienced greater feelings of self-worth, and 13 percent experienced fewer aches and pains.”

Emily Esfahani Smith’s widely-cited book, The Power of Meaning:  Crafting a Life That Matters (2017), makes the same point:  relationships and helping create meaning and chase away burnout. That’s was also the message of a 1997 classic on the subject, The Truth About Burnout: How Organizations Cause Personal Stress and What to Do About It, which also observed that burnout is both endemic and epidemic in workplace culture:

“Burnout is reaching epidemic proportions among North American workers today. It’s not so much that something has gone wrong with us but rather that there have been fundamental changes in the workplace, and the nature of our jobs.

“The conventional wisdom is that burnout is primarily a problem of the individual. That is, people burn out because of flaws in their characters, behavior, or productivity. According to this perspective, people are the problem, and the solution is to change them or get rid of them.

“But our research argues most emphatically otherwise, As a result of extensive study, we believe that burnout is not a problem of the people themselves but of the social environment in which people work. The structure and functioning of the workplace shape how people interact with one another and how they carry out their jobs. When the workplace does not recognize the human side of work, then the risk of burnout grows, carrying a high price with it.”

Dr. Trzeciak used his research findings to turn around his own career burnout. Here’s his TEDxPenn talk. He also “prescribes the same for anyone, not just health care providers, suffering from mental or emotional exhaustion.”

“‘Look around you and see those in need of compassion and give your 40 seconds of compassion,’ he says. ‘See how it transforms your experience.’”

Julian Izbiky wrote this when he emailed me the article:  “I’ve always thought that the practice of law was about more than the documents and that the joy of the practice was connecting with the clients and the other participants in the deals.”

Got 40 seconds to give it a try?

And now, if you’re like me, Otis Redding’s “Try a Little Tenderness” has been playing in the background. How about a listen? Here’s his version. And here’s the Three Dog Night cover.

[1] As I’ve said before, burnout is legion in the professions. I Googled “burnout doctors lawyers” and got tons of hits, including this one:  “I Fought The Law And The Law Won: My Burnout Story,” Forbes (May 17, 2018).

[2] Here’s a brief history of the billable hour in legal practice. The rationale for it might have seemed sound 60 years ago; my personal view is we could move on. Nobody kept timesheets at my firm.