When people ask me why I left law, I usually tell them that my personality didn’t fit into law, that I found it excrutiatingly boring, and that I really wanted to do something I liked. Which is all true. I also sound less bitter than if I l tell them that frankly, I couldn’t deal with all the asshole lawyer behavior. That was the bottom line for me.
The most consistent complaints I hear from clients about law firms are the toxicity and dysfunctionality of firms, and billable hours. Those two things are actually related, but for now I’m going to focus on the asshole side of things. Fun!
For the 25 or so years I’ve been in and around law, the disdain the majority of law firm lawyers have for feelings and values has done nothing but grow. I recently read that as far back as the Stone Age, aka the 1950s, this has been a problem for the legal profession. No less a luminary than Erwin Griswold, Dean of Harvard Law School in the 1950s, said, “Many lawyers never do seem to understand that they are dealing with people and not solely with the impersonal law.”
One of the big drivers of lawyers’ inability to appreciate and deal with emotions stems from a core skill of any competent lawyer: the ability to analyze problems in a detached, objective, and logical manner. This is the Thinker default, in Myers-Briggs personality terminology. In other words, being dispassionate and logical is the default, the comfort zone for the vast majority of lawyers. (The opposing end of the Thinker axis is the Feeler, who are primarily concerned with values and what is best for the people involved.)
According to research of Dr. Larry Richard, a legal consultant, psychologist and former practicing attorney himself, about 70% of lawyers are Thinkers. Some place that number even higher, near 80%. I’d take a wild guess that for law firm leadership, it’s more like 90%. The high percentage of Thinkers controlling law firms, and the almost universally dysfunctional work environments of law firms, are not just an accident or coincidence.
Lawyers Are Emotional Idiots
Just because people default to Thinking as their preferred problem-solving tool doesn’t mean they don’t have feelings, or that they cannot use a Feeler approach to solve problems. But what it does mean is that they often are not very adept at situations that require facility with managing feelings.
Another way of looking at the source of law firm dysfunction and toxicity is via the Calpers Personality Profile. I’m not any kind of expert on it, but Ronda Muir, author of The Unique Psychological World of Lawyers (an excellent read), is. She pegs something important about law firm dysfunction when she says:
[S]kepticism is a trait that ranges from being cynical, judgmental, questioning, argumentative and self-protective on the high end to accepting, trusting and giving the benefit of the doubt on the low end. The general population has an average score of 50 on skepticism, while among lawyers it is consistently the highest scoring trait, averaging 90. This trait can be very useful in the practice of law, particularly litigation, tax and M&A. However, most people tend to use their strongest traits in every arena of their lives, so this high level of skepticism is also carried over into partnership meetings, team deliberations and committee work (as well as personal relationships) that may call for more trust and collaboration. (emphasis added)
Also, when it comes to emotional intelligence, Muir points out that lawyers often don’t perceive their own, let alone others’, emotions. So “the emotional data that they are analyzing day in and day out is likely to be incomplete or inaccurate Continue reading