Group Dynamics and Collaboration in Technology
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Group dynamics and collaboration are important for innovation in the legal field. Law has traditionally been a hierarchical and individualistic profession that is resistant to change. However, changes in the market are pushing law firms to innovate. Effective teams require optimal design considering factors like size, diversity and whether members are specialists or generalists. Cross-practice collaboration allows firms to create more sophisticated work commanding higher prices. Technology can help overcome regulatory barriers and enable new models emphasizing collaboration, learning and stakeholder interests.
Group Dynamics and Collaboration in Technology
- 1. Group Dynamics and Collaboration in Technology Tech Transformation and the Law Omar Ha-Redeye Osgoode Hall Law School May 9, 2017
- 2. Outline • Intro: Why Collaboration Matters for Innovation • Background on Group Dynamics • Fostering High Performance • Regulatory Burdens to Collaboration • Managed Conflict • Case Study
- 3. Why Collaboration Matters for Innovation • Law is an inherently “traditional” field • Some traditions are can be good – Distinctions between professions and other businesses
- 4. Resistance to Change Prevents Innovation • But tradition stands in way of innovation • Traditional structures and workflows have worked well enough for lawyers • In Organizational Behaviour terms = “high resistance to change” Shaul Oreg, “Resistance to change: Developing an individual differences measure,” Journal of Applied Psychology, Vol 88(4), Aug 2003, 680-693 Jeffrey D. Ford, Laurie W. Ford, Angelo D'Amelio, “Resistance to Change: The Rest of the Story,” Academy of Management Review, Vol 33(2), 2008, 362-377
- 5. Yet Change is Already Underway • Market forces have pushed firms in new directions – Economic crisis – Industry Restructuring – Technology Disruptors • It’s the lawyers who are left to change Jordan Furlong, “How client succession is driving law firm consolidation,” Law21, Sept. 22, 2016, https://www.law21.ca/2016/09/how-client-succession-is-driving-law-firm-consolidation/ Thomas S. Clay, Eric A. Seeger, “2015 Law Firms in Transition: An Altman Weil Flash Survey”, http://www.altmanweil.com/dir_docs/resource/1c789ef2-5cff-463a-863a-2248d23882a7_document.pdf
- 7. Background on Group Dynamics – Types of Groups and Teams • Lawyers traditionally do not work on what would be properly considered “teams” in industrial relations models – Designing Optimal Teams for Law Practice • Why this is essential for technology and innovation
- 8. Types of Groups • Formal teams versus informal teams – permanent versus temporary • Increasing role of project management in law Formal Groups Informal Groups Definition A group created by top level management for the accomplishment of a particular task (or more, if permanent) Group is created among employees to meet affiliation needs (or transient needs, if temporary) How they are formed Functional groups created by top level management deliberately and consciously These informal groups develop among the employees within the formal organizaiton spontaneously Relationship structure A superior and subordinate relationship is clearly defined A superior and subordinate relationship is absent Communication channels Communication is through formal channels Communication is normally through the grapevine
- 9. Group Design • Organizational structure largely determines how the organization functions – Law firms historically known as high-power distance, highly hierarchical, and highly structured organizations • Organizational size and internal composition also has an impact on function – Large versus small firm – Internal diversity within firms
- 10. Typical Firm Structures • Tracy Wymer, “The Emerging Law Firm Practice,” Knoll Workplace Research, http://rdi-sf.com/wp- content/uploads/2012/04/wp_emerging_law_firm_practi ce.pdf
- 11. • Team design, characteristics, size, composition – Homogeneous versus heterogeneous
- 12. Focus: Racialization in Law • The legal community in Ontario has a particular problem with the inclusion of racialized lawyers – Invariably results in loss of talent • LSUC approved 13 recommendations on Dec. 2, 2016 to address systemic racism in legal professions Challenges Faced by Racialized Licensees Working Group, “Working Together for Change: Strategies to Address issues of Systemic Racism in the Legal Profession,” Law Society of Upper Canada, November 2016, https://www.lsuc.on.ca/uploadedFiles/Equity_and_Diversity/Members/Challenges_for_Racialized_Licensees/Working- Together-for-Change-Strategies-to-Address-Issues-of-Systemic-Racism-in-the-Legal-Professions-Final-Report.pdf Omar Ha-Redeye, “A Diverse Law Firm: The Professionalism Imperative for 2017 - Why Law Firms in Ontario Will Quickly Have to Reflect the Diversity of the Province,” Winning Your Case: What Works and What Doesn't, Ontario Trial Lawyers Association, April 27, 2017, https://ssrn.com/abstract=2962534
- 16. Value of Cross-Practice Collaboration • cross-practice collaboration creates higher value, more sophisticated work – less likely to become commoditized – commands higher prices Heidi Gardner, “The Collaboration Imperative for Today's Law Firms: Leading High-Performance Teamwork for Maximum Benefit,” http://www.hbs.edu/faculty/Pages/item.aspx?num=45696 Heidi Gardner, “Collaboration in Law Firms,” Harvard Law School, https://thepractice.law.harvard.edu/article/collaboration-in-law-firms/
- 17. Lawyers Who Collaborate Already Thrive Heidi Gardner, “When Senior Managers Won’t Collaborate,” Harvard Business Review, https://hbr.org/2015/03/when-senior-managers-wont- collaborate
- 18. Regulatory Burdens • Regulatory Burdens to Collaboration – Autonomy, competence, confidentiality and delegation • Rules of Professional Conduct on confidentiality and non-lawyers • Alternative Business Structures (and LSUC decision)
- 19. Case Study Frances Bula, “New law space that works for the team,” The Globe and Mail, June 8, 2015, http://www.theglobeandmail.com/report-on-business/industry-news/property-report/new-law- space-that-works-for-the-team/article24852120/ WARNING: COUNTER NARRATIVE AVAILABLE
- 20. Debrief • How was this conflict resolved? • Did the time pressures help?
- 21. Tracy Wymer, “The Emerged Law Practice,” Knoll Workplace Research, https://www.knoll.com/media/953/6 70/WP_EmergedLawFirm.pdf
- 22. The Conflict Process • What are the sources of conflict? – perceptions, conflict styles, outcomes • Inter-conflict management styles – Cultural and gender differences • Structural approaches and negotiation tactics – Primer on change management
- 24. The 5 Dysfunctions of Law Firms • #1: Absence of Trust • #2: Fear of Conflict • #3: Lack of Commitment • #4: Avoidance of Accountability • #5: Inattention to Results Nicole Garton-Jones, “The Five Dysfunctions of a Law Firm?,” Slaw, http://www.slaw.ca/2010/04/06/the-five- dysfunctions-of-a-law-firm/
- 25. Applying MFS to Law Firms • managing for stakeholders’ theory (MFS) – strategy focuses on interest beyond financial – overarching goal to balance the interests of all stakeholder groups over time Anne Brafford, “Building the Positive Law Firm: The Legal Profession at Its Best,” MAPP Capstone Projects, University of Pennsylvania, at 33-34, http://repository.upenn.edu/mapp_capstone/62/
- 26. What Does This Look Like? • Greater emphasis on purpose and meaning • Integration of self-determination theory into practice • Strengths-orientation in management people, high quality connections • Foster physical and emotional wellness, positive emotions Anne Brafford, “Building the Positive Law Firm: The Legal Profession at Its Best,” MAPP Capstone Projects, University of Pennsylvania, at 36-90, http://repository.upenn.edu/mapp_capstone/62/
- 27. Role of Technology? • Technology can make these new models of law firms happen – Communications, collaboration, efficiency • New models are more likely to adopt new technology, and foster broader innovation – Cultural shift towards openness and developing a “learning organization” Omar Ha-Redeye, “Smart Lawyers Who Feel They Know Less,” Slaw, http://www.slaw.ca/2015/11/08/smart-lawyers-who-feel-they-know-less/
- 28. Thank You • omar@fleetstreetlaw.com • @omarharedeye • https://www.linkedin.com/in/torontolawy er/
Editor's Notes
- #6: Furlong on firm consolidation in 2016: https://www.law21.ca/2016/09/how-client-succession-is-driving-law-firm-consolidation/