Professional Paradigms New and Old (3): “Walk in Stupid Everyday”

 

We looked last year at physicist Thomas Kuhn’s model for how paradigms shift, and also explored another scientist’s exhortation “The best way to predict the future is to create it.”

The Future of the Professions

Good, quotable advice, but how do you create what you can’t see? Richard and Daniel Susskind say often in their book The Future of the Professions that, as they travel the world delivering their message, many professionals agree that there’s a massive paradigm shift currently happening in the professions, just not their own.

Why this paradigm shift blindness?

 

Reason 1:  Too Much Expertise

wired to createAuthors Scott Barry Kaufman and Carolyn Gregoire describe this phenomenon in their marvelous book Wired to Create:  Unraveling the Mysteries of the Creative Mind:

“While experience is an important aspect of excellence in any creative discipline, one risk of being a seasoned pro is that we become so entrenched in our own point of view that we have trouble seeing other solutions. Experts may have trouble being flexible and adapting to change because they are so highly accustomed to seeing things in a particular way.”

Reason 2:  Cultural Blindness

In each of the past two years (here and here), we’ve also looked at research from the emerging field of cultural neurology cultural neurology that suggests our brains’ observation and cognitive faculties are so linked to our cultural context that we simply can’t see paradigm shifts when they happen. Our cultural bias blinds us — it determines what we see and don’t see, and can literally blind us to new developments happening in our midst.

Reason 3:  Not Being a Newcomer

Again from Wired to Create:  “the newcomers to a field are sometimes the ones who come up with the ideas that truly innovate and shift paradigms.” In the law, the newcomers are responsible for the wave of new practice models and technologies. As I said last year, “By the time the new paradigm’s opponents eventually die, and a new generation grows up that is familiar with it, the paradigm we can’t see now will be the only one the new generation has ever known.”

A Cure for Paradigm Shift Blindness:  Get Stupid

MavericksDan Wieden is imminently quotable. He ought to be:  he’s one of the namesakes of legendary ad agency Wieden+Kennedy, and personally created Nike’s “Just Do it” slogan.

W+K has offices all over the world and bills over a billion dollars annually. Their website is a creative trip all its own — you might enjoy cruising it, if you have a moment. The firm was profiled in a 2006 business bestseller, Mavericks at Work:  Why the Most Original Minds in Business Win, where Wieden was famously quoted as saying this about his approach to keeping W+K at the top of its game:

“Whatever day it is, something in the world changed overnight,
and you better figure out what it is and what it means.
You have to forget what you just did and what you just learned
You have to walk in stupid every day.”

Lawyers aren’t the only professionals who will have trouble following that advice. People pay us to be smart; their benefit and our livelihood depend on it. True, but there’s a whole lot of shaking goin’ on around us. We might want to get stupid enough to see it.

Next time, we’ll look at another paradigm shifting skill that won’t come easy:  embracing failure.

Mavericks at Work may be the best business book I’ve ever read. If you like that kind of thing, you owe it to yourself.

And Wired to Create is the best I’ve ever read on its topic. Author Scott Barry Kaufman is the scientific director of the Imagination Institute in the Positive Psychology Center, University of Pennsylvania, and Carolyn Gregoire is a senior writer at the Huffington Post, covering psychology, mental health, and neuroscience. And that’s just the first sentence of each of their author bios. Talk about creds.)

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Check out this collection of last year’s Future of Law blog posts. It’s a FREE download. Also included is the Culture of Law series from the second half of 2015. Click this link or the cover for downloading details.

Professional Paradigms New and Old (2): You Had Me At The Creds

I met a friend for a beer last Thursday, and told him about my blog post that day about the future (actually the end) of the professions.

“I’ve got a story for you about that,” he said. “I thought now that I’m retired, I should get my affairs in order.”

I practiced estate planning, so my ears perked up. He told me about all the useful information, forms, and software he’d found online, also about the estate planning seminars he’d attended and the presenting lawyers’ “don’t try this at home” pitches. And his incredulous response to their fee quotes “for things I could do myself.”

He’s newly retired from an illustrious teaching career — an Ivy League grad, six published books, awards and accolades everywhere. He has a huge and healthy respect for the professions and professionalism. And he had more to say.

“In education, it’s gotten to the point where it’s, why even bother to go to school? It’s all available online. You can learn what you want, your own way.”

Then he paused. “But I still wouldn’t go to a surgeon who didn’t have the credentials.”

Ah, the credentials. Is that why people still go to law school, med school, get a CPA, a teaching certificate?

Yes, in part, but the world of professional credentials is changing. I talked about this in a post last March called Strange Bedfellows:  Commercial Law and Legal Ethics. Here’s an excerpt:

“Peer-to-peer is what’s driving the new sharing economy. Consider this from a recent article in Time Magazine:

“The key to [the sharing economy] was the discovery that while we totally distrust strangers, we totally trust people — significantly more than we trust corporations or governments. Many sharing-company founders have one thing in common:  they worked at eBay and, in bits and pieces, recreated that company’s trust and safety division. Rather than rely on insurance and background checks, its innovation was getting both the provider and the user to rate each other, usually with one to five stars. That eliminates the few bad actors who made everyone too nervous to deal with strangers.”

In that post, I made these two predictions (among others):

  • The peer-to-peer dynamic will prevail in significant economic sectors — including the professional service sector of which the legal profession is a part.
  • The resulting consumer satisfaction data will have a curious side effect as a new kind of legal ethics watchdog.

As for the latter, I said this:

“Peer-to-peer is the ultimate in self-policing, which makes its extension to legal ethics unlikely but logical. Rule 8.3 — the duty to report unethical behavior among our peers — has long been a part of the Model Rules of Professional Conduct, but has been more honored in the breach than the observance. The new, democratized marketplace will take this matter into its own hands.”

In other words. the professional paradigm will shift — in fact, is already shifting — to include peer-to-peer review as an alternative form of professional credentialing.

True, the typical consumer still wants law school and bar admittance credentials for the legal equivalent of surgery, but for the rest, we’re seeing a major shift in consumer attitudes toward my friend’s — to the point where the consumer is more likely to buy from someone (lawyer or not, which is its own topic) who gets 20 five-star ratings for estate planning offered at a reasonable price (which my buddy gave as 10% of what the seminar lawyers were charging). They’ve got the creds the consumer wants… just a different kind.

Like it or not, it’s happening out there in the New Economy marketplace, and we’ll see more of it in our house. We’re not all the way to lawyers posting client ratings on a five-star scale yet, but one day… I’ll bet it happens. I also bet that day will come way sooner than most lawyers would care to predict.

For Bill Gates’ take on the value of a college education credentials, check out his post yesterday on LinkedIn Pulse.

And for a toe dip into the New Economy, take a look here and here.

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Check out this collection of last year’s Future of Law blog posts. It’s a FREE download. Also included is the Culture of Law series from the second half of 2015. Click this link or the cover for downloading details.

Professional Paradigms Old and New (1): The Future Is Here, And We’re Not In It

 

The first six months of 2015, this blog ran a series on the Future of Law. About halfway through, I discovered the work of law futurist Richard Susskind, and quoted his books several times after that.

The Future of the ProfessionsRichard and his son Daniel recently teamed up to publish The Future of the Professions:  How Technology Will Transform the Work of Human Experts.

The book takes commitment to get through — it is exhaustively (sometimes exhaustingly) researched, and written with the painstaking (sometimes painful in its meticulousness) logic of philosophy (or a legal brief). But if you want to make your own contribution to the future of the profession, it’s an absolute must-read.

Among other things, you’ll find lots of new news about practice models and technologies — not just in law, but the other professions as well — which gives a sense of the vastness of the paradigm shift currently well underway in all the professions.

Here’s how the book summarizes its message:

“[T]he professions are our current solution to a pervasive problem, namely, that none of us has sufficient specialist knowledge to allow us to cope with all the challenges that life throws at us. We have limited understanding, and so we turn to doctors, lawyers, teachers, architects, and other professionals because they have ‘practical expertise’ that we need to bring to bear in our daily lives. In a print-based society, we have interposed the professions, as gatekeepers, between individuals and organizations, and the knowledge and experience to which they need access.

“In the first two parts of the book we describe the changes taking place within the professions, and we develop various theories (largely technological and economic) that lead us to conclude that, in the future–in the fully fledged, technology-based Internet society–increasingly capable machines, autonomously or with non-specialist users, will take on many of the tasks that currently are the exclusive realm of the professions.

While we do not anticipate an overnight, big-bang revolution, equally we do not expect a leisurely evolutionary progression into the post-professional society. Instead, we predict what we call and ‘incremental transformation’ in the way in which we organize and share expertise in society, a displacement of the traditional professions in a staggered series of steps and bounds. Although the change will come in increments, its eventual impact will be radical and pervasive.

“In other words, the professions as we have known them are facing the full implications of a massive paradigm shift from analog to digital in how we create, curate, and communicate wisdom, expertise, and specialized knowledge. The old paradigm relied on manuscripts and human brains; the new is proliferated in digitized forms most of us can barely conceive of.”

The result? Let’s put it this way:  the Susskinds could have called their book not the Future of the Professions, but the End of the Professions.

As I’ve said before, this paradigm shift is way bigger than our individual opinions of it. This series will offer some thoughts on how we reckon with it.

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For last year’s version of the Future of Law, check out this collection of those blog posts. It’s a FREE download. Also included is the Culture of Law series from the second half of 2015. Click this link or the cover for details.