August 20, 2017

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

The%20Future%20of%20the%20ProfessionsThe 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.

Richard 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.

 

Rhodes_4For 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.

The Anti-Motivation Strategy (Part 8): Last Lessons From a Couple Personal Ethos Heroes

Employee-Motivation

 

Last week’s post introduced the concept of personal ethos — your core, essential self, the inner drive that defines you, that will be expressed simply because you are alive on this planet, here and now, doing what you do, for no other reason than that’s what you do. You don’t need motivation to do that. Besides, it’s what you do best, and love doing to boot.

Let’s end this series with a couple sports stories. Bear with me if that’s not your thing, but it’s a nice wrap up.

I once heard an interview in which Michael Jordan’s father said, “God decided to make a perfect basketball player, so he made Michael.” He wasn’t the only one who used that kind of language to describe his son. At the end of the 1986 season, Jordan came back from a broken ankle (too early, risking his career, the experts said) and played only 18 games, then burned the Boston Celtics for 63 points in a playoff game, causing Larry Bird to famously remark,

That was God disguised as Michael Jordan.”

It was a folksy thing to say. But what if he was right… I mean, really right? What if the sentence could be completed by someone observing your life and saying, “That was God disguised as [your name]”? Where would you find something that strong?

By looking at what you already do. What you’ve always done. What you’re going to do anyway, because that’s what you do, and you love doing it and you’re good at it.

When God decided to make a perfect _______, he made [your name].

I know, it sounds corny, but try it on. Go ahead — it won’t kill you. According to the concept of personal ethos, those bold statements are not a reach for a stress-fueled motivational challenge, they’re facts that come from the essence of who you are, at the level of your deepest, core self.

Tap that, and you can quit making trips to the dry, stressful motivation well. You won’t need it, You will do what you will do, irrepressibly and indomitably. You won’t be able to help it; you won’t want to. That’s what it means to operate from your personal ethos.

Larry-Bird

Sure, you’ll face the challenge of staying focused on individual and collective mission and goals, but you face that challenge already anyway. Only now you’ll face it with more honesty, authenticity, and laser focus. Which means you can expect more explosive results. You’ll become this:

Michael-Jordan

Now, isn’t that a whole lot better than the carrot and stick you’ve been waving around?

If you’re interested in more about personal ethos, I wrote two books about it. Both are available as FREE downloads. For more, click the book covers.

 

Running-for-my-Life

One reader said this: “Running For My Life is a unique and thought provoking read. On the surface it is a story about a man with primary progressive MS reshaping his life through a+ strict diet and extreme exercise regimen. However, if you take the time to explore the pages, you will find that it is really a story about Kevin and about yourself. This book invites you to take a look inwards at your own limitations, and then holds your hand as you figure out how to push past them together.”

 

EthosEthos is a stand-alone version of Book Three of Running For My Life. It is a Personal Ethos Credo — the things I believe about it, and how I practice it.

The Anti-Motivation Strategy (Part 7): If You Tap This, You Don’t Need Motivation

Employee-Motivation

I conduct CLE workshops on working from the inside out. The first exercise is “What do you already do?” The course materials explain it this way:

You find important clues about your Passion just by looking at how you arrange your life already. There are some things you do that go beyond the categories of work vs. leisure, personal vs. family or business, etc. You do them just because you want to, because you like doing them or you’re good at them (probably both).

Think about how you already spend yourself. What do you like to think about, read about, talk about, learn about? What headlines do you click on? What do your activities and projects at work or away from it gravitate toward? What role do you usually play at work, with family, in social settings? What are your hobbies and favorite pastimes? What shows do you watch, what magazines and articles do you read? What do you like to talk about? You get the idea. Write about it.

People wrestle with the notion of finding their “Passion” with a capital P. A lot of people don’t seem to have just one Passion, and can’t find it anyway. The exercise uses that term on purpose, then invites the workshop participants to move past the intimidation and stuckness it brings up.

What we’re after is something simpler, more accessible, and ultimately more powerful. We’re looking for what you do and probably have done all your life — not just the activities and interests you keep going back to, but how you go about doing them. Chances are, there are patterns that keep showing up, that display your signature way of thinking and acting and being in the world.

And here’s the key:
You don’t have to get motivated to do these things or act this way.
You do it because… well, that’s just who you are.

If you can tap into that, you don’t need motivation. You’re onto something far more compelling, something that will last — something I’ve come to call “personal ethos.” I define it this way:

Ethos is our characteristic spirit, as manifested in our beliefs and aspirations.

Our beliefs and aspirations come from inside, from the core of our being. They’re what make each of us uniquely who we are, so that we can recognize each other even if we haven’t seen each other for a long time. We’re after what lies underneath them, their source. That’s what I mean by personal ethos. Ethos is the unique fingerprint of our soul — something so primal, so embedded in us, that we don’t even know it’s on the agenda. But…

When it comes to how we’re going to go about achieving our goals
and getting what we want out of life,
ethos isn’t ON the agenda, it IS the agenda.

Motivation practiced the usual carrot and stick way, the stressful way, the cortisol-laced way, the brain damaging way… doesn’t trust what we’re good at and love doing. Instead, it rewards and punishes us into doing something else. If instead we can get in touch with our ethos, we don’t need to buy that approach anymore. Tap personal ethos, and we don’t have to get motivated to do things that matter to us, we just do them, from deep inside. Ethos fuels us from deep down at our roots.

Ethos is the sustained motivational wellspring we’ve been looking for.

wellspring

More about personal ethos next time.

If you’re interested in exploring personal ethos for yourself, I wrote two books about it. Both are available as FREE downloads. For more, click the book covers.

 

Running-for-my-Life

One reader said this: “Running For My Life is a unique and thought provoking read. On the surface it is a story about a man with primary progressive MS reshaping his life through a+ strict diet and extreme exercise regimen. However, if you take the time to explore the pages, you will find that it is really a story about Kevin and about yourself. This book invites you to take a look inwards at your own limitations, and then holds your hand as you figure out how to push past them together.”

 

EthosEthos is a stand-alone version of Book Three of Running For My Life. It is a Personal Ethos Credo — the things I believe about it, and how I practice it.

The Anti-Motivation Strategy (Part 6): John Pepper Explained

Employee-Motivation

Last time, we met John Pepper, the conscious walker with Parkinson’s Disease. How does he do it, when Parkinson’s has literally taken the motivation out of his brain?

The answer is about dope — dopamine, that is.

The Straight Dope on Motivation

Dopamine is the brain chemical behind the pursuit of happiness. When we think about getting moving on something, it runs a cost-benefit analysis, and if the perceived reward outweighs the cost, it gets behind the idea. We feel motivated. We get going. But if the ledger comes up short, dopamine settles back on the couch and asks for more Cheetos.

Norman Doidge explains John Pepper’s relationship with motivation this way:

The conventional view is that dopamine is essential for movement, and because people with [Parkinson’s Disease] have too little…, they can’t move. But it turns out that dopamine is also essential to ‘feel’ that it is worth making a movement— that is, people need dopamine to feel motivated to move in the first place.

Thus dopamine has at least three characteristics relevant to [Parkinson’s Disease]: first, it enhances motivation to move; then it facilitates and quickens that movement; and finally it neuroplastically strengthens the circuits involved in the movement, so that movement will be easier next time. But if there is no motivation, no movement will occur.

A recent study shows that the ‘motivation to move’ goes awry in [Parkinson’s Disease].

The importance [of this study] for understanding Parkinson’s cannot be underestimated: it is not simply that [Parkinson’s Disease patients] have an inherent inability to move normally and at a normal speed; the motivational component of their motor system is also fundamentally compromised.

Parkinson’s Disease appears in its symptoms as a physical movement disorder, but it has roots that are ‘cognitive’ or ‘mental,’ and is thus as much a mental as a physical disorder.

Which is precisely why it is problematic to teach Parkinson’s patients that the loss of dopamine prevents them from moving! This instruction will only reinforce passive resignation, at the very moment when that attitude needs to be undermined.

This motivational lack is not a product of laziness or apathy or weakness of will. Rather, the brain’s dopamine-based motivation circuit often cannot energize particular movements, even when desired, and this appears as weariness or lassitude.

That John Pepper was able to motivate himself to move, despite limited dopamine, attests to the vital force of his mind and will. But to translate that motivation still required a ‘neurological’ discovery on his part. He still couldn’t do normal, everyday walking, which is automatic and habitual… until his conscious walking technique got around this circuit and allowed him to use other circuits.

In other words, John Pepper’s dogged walking practice — not his brain’s motivation mechanism — has recruited other parts of his brain to help him stay with it.

Why is John Pepper important to you and your pursuit of motivation?

Because we all have those moments when we just can’t seem to get ourselves going. Same with the people we’d like to motivate. Dopamine just isn’t behind the idea. When that happens, we need to find some other way to get moving even when we’re not motivated to do so.

We’ll dig deeper into that idea next time.

Rhodes_4This second collection of Kevin’s blog posts focuses on the future and culture of law, including insights on technology, innovation, neuro-culture, and entrepreneurship. Extensively researched, visionary, and written in a crisp, conversational style by a man on a mission to bring wellbeing to the people who learn, teach, and practice the law.

The Anti-Motivation Strategy (Part 5): Meet John Pepper, the Unmotivated Miracle Walker

Employee-Motivation

We’ve seen earlier in this series that motivation lasts maybe 2 or 3 days, that we have to stay motivated to be motivated, and that the way we usually practice motivation is to trigger the fight or flight wiring in our brains, which keeps the stress hormones adrenaline and cortisol flowing. We can get short term results that way, but in the long run chronic stress hurts: eventually we exhaust ourselves trying to stay pumped up, lose effectiveness, deplete reserves, and impair our long-term health.

In other words, motivation practiced that way is like a well we have to keep filling in order to order to get any water out.

Well-Rhodes

Hmmm… that’s not much of a well.

Swingline

There is a better way. We can tap a spring instead, where the water comes up from way down deep, pure and refreshing. Do that, and we don’t need motivation anymore. Let’s go looking for that spring. Here’s our first stop:

Meet John Pepper: The Conscious Walker

Brain-Healing

Norman Doidge, M.D. introduces John Pepper this way, in his book The Brain’s Way of Healing:

“My walking companion, John Pepper, was diagnosed with Parkinson’s disease, a movement disorder, over two decades ago. He first started getting symptoms nearly fifty years ago. But unless you are a perceptive and well-trained observer, you would never know it. Pepper moves too quickly for a Parkinson’s patient. He doesn’t appear to have the classic symptoms: no shuffling gait, no visible tremor when he pauses or when he moves; he does not appear especially rigid, and seems able to initiate new movements fairly quickly; he has a good sense of balance. He even swings his arms when he walks. He shows none of the slowed movements that are the hallmark of Parkinson’s. He hasn’t been on anti-Parkinson’s medication for nine years, since he was sixty-eight years old, yet appears to walk perfectly normally.

“In fact, when he gets going at his normal speed, I can’t keep up with him. He’s now going on seventy-seven and has had this illness, which is defined as an incurable, chronic, progressive neurodegenerative disorder, since his thirties. But instead of degenerating, John Pepper has been able to reverse the major symptoms, the ones that Parkinson’s patients dread most, those that lead to immobility. He’s done so with an exercise program he devised and with a special kind of concentration.”

Most people’s walking movements are unconscious. That’s why Sienna Miller can talk on her cell phone and walk the dog at the same time. (So can you, but maybe not as stylishly.) For all his years of practice, John Pepper hasn’t gotten to that level. Instead, he walks and controls his tremors consciously. His mind has to stay on the job; if he gets distracted or takes a day or even a moment off, his Parkinson’s symptoms come back.

He must be a really motivated guy!

No he’s not. In fact, if John Pepper had to rely on motivation, he wouldn’t be walking at all. Motivation won’t help John Pepper, because it’s just not there. Parkinson’s Disease has taken it away.

Then how does he do it?

We’ll find out next time.

Rhodes_4This second collection of Kevin’s blog posts focuses on the future and culture of law, including insights on technology, innovation, neuro-culture, and entrepreneurship. Extensively researched, visionary, and written in a crisp, conversational style by a man on a mission to bring wellbeing to the people who learn, teach, and practice the law.

 

 

 

The Anti-Motivation Strategy (Part 4): Why Clients Should Never Hire a Motivated Lawyer

Employee-Motivation

Why not? Because there’s a good chance that motivated lawyer is cognitively impaired.

In a series in Fall 2014, we’ve looked in depth at the research of University of Denver law professor Debra S. Austin, J.D., Ph.D., and her seminal law review article Killing Them Softly: Neuroscience Reveals How Brain Cells Die From Law School Stress And How Neural Self-Hacking Can Optimize Cognitive Performance. Prof. Austin’s research findings line up with the Mayo Clinic’s analysis we looked at last time:

Neuroscience shows that the aggregate educative effects of training to become a lawyer under chronically stressful conditions may undermine the efforts of legal educators by weakening the learning capacities of law students. Stress in legal education may also set the stage for abnormally high rates of anxiety and depression among lawyers.

The stresses facing law students and lawyers result in a significant decline in their well-being, including anxiety, panic attacks, depression, substance abuse, and suicide. Neuroscience now shows that this level of stress also diminishes cognitive capacity. The intricate workings of the brain, the ways in which memories become part of a lawyer’s body of knowledge, and the impact of emotion on this process indicate that stress can weaken or kill brain cells needed for cognition.

When stress persists for a few hours or days, a law student may experience a bad mood. Longer-term stress can cause stress-related disorders such as panic attacks, anxiety, or depression; the physical effects include increased blood pressure, heart palpitations, breathlessness, dizziness, irritability, chest pain, abdominal discomfort, sweating, chills, or increased muscle tension.

Long-term elevated levels of glucocorticoids resulting from chronic stress have been associated with the following physical conditions:

  • Impaired immune response;
  • Increased appetite and food cravings;
  • Increased body fat;
  • Increased symptoms of PMS and menopause;
  • Decreased muscle mass;
  • Decreased bone density; and
  • Decreased libido.

Chronic stress also produces the following emotional conditions:

  • Increased mood swings, irritability, and anger;
  • Increased anxiety; and
  • Increased depression.

The impact of stress on law student cognition includes deterioration in memory, concentration, problem-solving, math performance, and language processing. Curiosity is dampened, and creativity is diminished.

In other words, law schools and law firms kill brain cells, impairing the highly-motivated high achievers who populate them from doing what they’re required to do, which is to think clearly and make sound judgments, and in the meantime banishing law students and lawyers to unhappiness and maybe an early grave.

Law schools and law firms don’t have to disclose all that. Maybe they should.

Ivy_League

Time For an Anti-Motivation Strategy

By now the flaw in the typical motivation strategy is evident: motivation becomes its own loop, circles back on itself, becomes its own focus, its own end game. We’re no longer practicing motivation with a performance goal in mind, we’re practicing it for its own sake. Motivation becomes a short-term, stressful preoccupation that hampers sustainable long-term performance. In the meantime, we become tentative, uncertain, indecisive, and unfocused, which means our performance becomes tenuous, weak, and unreliable.

There’s got to be a better way. There is, and we’ll look at it, starting next time.

Rhodes_4This second collection of Kevin’s blog posts focuses on the future and culture of law, including insights on technology, innovation, neuro-culture, and entrepreneurship. Extensively researched, visionary, and written in a crisp, conversational style by a man on a mission to bring wellbeing to the people who learn, teach, and practice the law.

 

 

 

The Anti-Motivation Strategy (Part 3): The Dark Side of Motivation

Employee-Motivation

We’ve been trying to find a sustainable approach to getting motivated and staying motivated. No luck thus far. To go further in our search, it’s time to face…

Vader_yelloweyesThe Dark Side Of Motivation

Let’s sample some more scientific research:

Motivation, Stress, Anxiety, And Cortisol Responses In Elite Paragliders The title pretty much tells you what you need to know: it uses motivation, stress, and anxiety together. Hold that thought.

Salivary Cortisol Changes In Humans After Winning Or Losing A Dominance Contest Depend On Implicit Power Motivation I think that means rah-rah works for some people, but shuts others down.

What do these articles have in common besides their long scholarly titles? They both talk about cortisol, known as “the stress hormone.” Back to WikiUniversity for a primer:

Stress is a physiological and psychological stimulus and response that presents itself in many different ways throughout the body. Stress or a stressor can be thought of as any stimulus that upsets the bodies [sic] natural balance or hoemeostasis [sic].

Stress is defined as any situation that upsets homeostasis within the body and threatens ones [sic] emotional or physical wellbeing.

The dominant modern perspective is that emotions recruit biological and psychological supporters to enable adaptive behaviours i.e. fighting, running or empathetic situations. The two hormones of Adrenaline (Epinepherine) and cortisol support the ‘fight-or-flight’ stress reactive system.

Obviously this Wiki contributor was having a bad spellcheck and grammar day, but we get the point: stress knocks us out of whack, from the inside out. We’re not just skipping down the happy motivation road anymore, we’re on the way to….

Cortisol, adrenaline, hormones, anxiety, fight or flight… oh my!

Lions and tigers and bears

Here’s the problem: you need motivation to stay motivated.

That’s the bottom line of the Feed The Beast motivation strategy we looked at last time. All those motivational articles and advice want you to keep pouring on the motivation: more speeches, more posters, more rah-rah, more carrot and stick. And that means putting the human brain and body under chronic stress, pouring on the cortisol, keeping the fight or flight response on red alert.

Not only is that lousy leadership and management, it’s lousy self-care, too. We’re not meant to live that way, and it certainly won’t empower us to perform at our best. The fight or flight response is supposed to be a quick fix — over and out when the threat has past. Chronic stress keeps the threat ever-present, which messes with mind and body, puts health at risk. Which is why…

All This Motivation Is Killing You

We’ll let the Mayo Clinic weigh in on this issue:

Your body is hard-wired to react to stress in ways meant to protect you against threats from predators and other aggressors. Such threats are rare today, but that doesn’t mean that life is free of stress.

On the contrary, you undoubtedly face multiple demands each day, such as shouldering a huge workload, making ends meet and taking care of your family. Your body treats these so-called minor hassles as threats. As a result you may feel as if you’re constantly under assault. But you can fight back. You don’t have to let stress control your life.

When you encounter a perceived threat — a large dog barks at you during your morning walk, for instance — your hypothalamus, a tiny region at the base of your brain, sets off an alarm system in your body. Through a combination of nerve and hormonal signals, this system prompts your adrenal glands, located atop your kidneys, to release a surge of hormones, including adrenaline and cortisol.

Adrenaline increases your heart rate, elevates your blood pressure and boosts energy supplies. Cortisol, the primary stress hormone, increases sugars (glucose) in the bloodstream, enhances your brain’s use of glucose and increases the availability of substances that repair tissues.

Cortisol also curbs functions that would be nonessential or detrimental in a fight-or-flight situation. It alters immune system responses and suppresses the digestive system, the reproductive system and growth processes. This complex natural alarm system also communicates with regions of your brain that control mood, motivation and fear.

The body’s stress-response system is usually self-limiting. Once a perceived threat has passed, hormone levels return to normal. As adrenaline and cortisol levels drop, your heart rate and blood pressure return to baseline levels, and other systems resume their regular activities.

But when stressors are always present and you constantly feel under attack, that fight-or-flight reaction stays turned on.

The long-term activation of the stress-response system — and the subsequent overexposure to cortisol and other stress hormones — can disrupt almost all your body’s processes. This puts you at increased risk of numerous health problems, including:

  • Anxiety
  • Depression
  • Digestive problems
  • Heart disease
  • Sleep problems
  • Weight gain
  • Memory and concentration impairment.

Comparable medical research abounds. If you want more, here’s a short article on how chronic stress hurts us. And here’s another.

More next time.

Rhodes_4This second collection of Kevin’s blog posts focuses on the future and culture of law, including insights on technology, innovation, neuro-culture, and entrepreneurship. Extensively researched, visionary, and written in a crisp, conversational style by a man on a mission to bring wellbeing to the people who learn, teach, and practice the law.

 

 

The Anti-Motivation Strategy (Part 2): Feeding the Beast

Employee-Motivation

We ended last week’s post by asking, Can’t we just get positive? Won’t that keep us motivated?

Sure, it will help. Check out this Time article on How to Motivate Yourself: 3 Steps Backed By Science. Step One is “Get Positive.”

Most of us can match Norman Vincent Peale and his self-help classic The Power of Positive Thinking from two columns, although most of us haven’t read the book, and nobody we know practices it. For a more recent take on the subject, we might try Positive Psychology evangelist Shawn Achor and his book The Happiness Advantage. (Google it — it’s all over the place. Here’s his TEDx talk, which is well worth a look.)

The Happiness Advantage is full of good news and great advice, not to mention lots of quotes you can add to the conference room wall or to a PowerPoint. Here’s a sample:

If you observe people around you, you’ll find most individuals follow a formula that has been subtly or not so subtly taught to them by their schools, their company, their parents, or society. That is: If you work hard, you will become successful, and once you become successful, then you’ll be happy. This pattern of belief explains what most often motivates us in life.

The only problem is that this formula is broken.

[N]ew research in psychology and neuroscience shows that it works the other way around. We become more successful when we are happier.

It turns out that our brains are literally hardwired to perform at their best not when they are negative or even neutral, but when they are positive.

The Happiness Advantage… is about learning how to cultivate the mindset and behaviors that have been empirically proven to fuel greater success and fulfillment. It is a work ethic.

Happiness is not the belief that we don’t need to change. It is the realization that we can.

When we are happy – when our mindset and mood are positive – we are smarter, more motivated, and thus more successful.

Data abounds showing that happy workers have higher levels of productivity, produce higher sales, perform better in leadership positions, and receive higher performance ratings and higher pay. They also enjoy more job security and are less likely to take sick days, to quit, or to become burned out. Happy CEOs are more likely to lead teams of employees who are both happy and healthy, and who find their work climate conducive to high performance. The list of benefits of happiness in the workplace goes on and on.

Yes, Positive Psychology’s insights about happiness will make a difference, and they’re good science to boot. (For more on the science of positive thinking, check out this Huffington Post article.) And yet… we can practice all that positive psychology and still our motivation eventually wears out, and we find ourselves reaching for articles like this one that asks “ How do I recharge my depleted motivation?”

The problem is that, positive or not, we keep playing the motivation game the same way we always have, which is basically:

Motivation means get pumped up and stay pumped up.
And to do that, you have to keep feeding the beast.

Lion feasting

That’s our formula for how we practice all that science and scholarship: feed the beast; feed it to awaken it; keep feeding it to keep it awake. It works, as far as it goes. Trouble is, it doesn’t go very far. Here’s a totally random sample of one, two, three, four articles telling us that motivation will last two, maybe three days at best.

That’s it?! All this trouble and we’re only motivated for two or three days?!

We can do better. How? All this time while we’ve been searching for the psychological and neurological Holy Grail of motivation, we’ve been avoiding another hugely important aspect of motivation science.

We’ll look at it next time.

Rhodes_4This second collection of Kevin’s blog posts focuses on the future and culture of law, including insights on technology, innovation, neuro-culture, and entrepreneurship. Extensively researched, visionary, and written in a crisp, conversational style by a man on a mission to bring wellbeing to the people who learn, teach, and practice the law.

 

 

 

The Anti-Motivation Strategy (Part 1): All This Motivation is Killing You

Employee-Motivation

It’s the end of January and the resolutions are long gone. Not for lack of motivation, but because of it.

Google “motivation.” What comes up? Lots of hits about leadership, management, team building, best hiring practices, sales training. Everything you need to get other people to do what you want — your team, employees, salesmen, managers, students, children…

ziglar_quote

And lots more hits on how to get yourself to do what you want, be a success at work and life.

Plus enough posters and sayings and quotes to paper a conference room. The one at the left has name recognition appeal, and shows up a lot. All these will help us, right?

Nope. Not going to work. Instead, it’s going to hurt you in the long run, not to mention sabotaging your success.

Yes, you read that right. You might get short-term results, but the reality is that…

A lot of what passes for motivation is not just self-defeating, it’s harmful to your health.

The reason why is ironically evident in in that famous Zig Ziglar quote.

The Science Of Motivation

We Googled motivation, and now we’re… um, motivated… to dig deeper. We tap Wikipedia first, to get a quick look at the lay of the land. We’re greeted with this:

Motivation is a theoretical construct used to explain behavior. It represents the reasons for people’s actions, desires, and needs. Motivation can also be defined as one’s direction to behavior, or what causes a person to want to repeat a behavior and vice versa. A motive is what prompts the person to act in a certain way, or at least develop an inclination for specific behavior. For example, when someone eats food to satisfy their hunger, or when a student does his/her work in school because he/she wants a good grade. Both show a similar connection between what we do and why we do it. “

Almost lost us at “theoretical construct,” but food and good grades? Now we’re tracking — at least until we get to the laundry list of Incentive Theories: Intrinsic and Extrinsic Motivation, Operant Conditioning, Push and Pull, Self-control, Drives, Incentive Theory, Drive-Reduction Theory, Cognitive Dissonance Theory, Content Theories, Maslow’s Hierarchy of Needs… Maslow! Finally some familiar ground! We had that in Psych 101!

While we’re greeting Maslow like an old friend, the list goes on, at a low rumble. There’s a lot to Motivation Science, apparently — mostly psychology. How about we try Behavioral Neuroscience instead:

Concepts of motivation are vital to progress in behavioral neuroscience. Motivational concepts help us to understand what limbic brain systems are chiefly evolved to do, i.e., to mediate psychological processes that guide real behavior. This article evaluates some major motivation concepts that have historic importance or have influenced the interpretation of behavioral neuroscience research. These concepts include homeostasis, setpoints and settling points, intervening variables, hydraulic drives, drive reduction, appetitive and consummatory behavior, opponent processes, hedonic reactions, incentive motivation, drive centers, dedicated drive neurons (and drive neuropeptides and receptors), neural hierarchies, and new concepts from affective neuroscience such as allostasis, cognitive incentives, and reward ‘liking’ versus ‘wanting.’

Okay then. We had homeostasis in Biology 101, and everybody knows about “setpoints,” but settling points, intervening variables, hydraulic drives (Huh?! In our brains?!), drive neuropeptides… Maybe not so much.

All this psych and neuroscience feels pretty thick. Let’s try something visual… hey, here’s a PowerPoint! Hmmm, a lot of the same stuff. All good science, no doubt, but what about us real folks?

Can’t We Just Get Positive?

Doesn’t having a positive attitude keep us motivated? Can’t we just do that?

We’ll explore that idea next time.

Rhodes_4This second collection of Kevin’s blog posts focuses on the future and culture of law, including insights on technology, innovation, neuro-culture, and entrepreneurship. Extensively researched, visionary, and written in a crisp, conversational style by a man on a mission to bring wellbeing to the people who learn, teach, and practice the law.

 

 

 

The Legal Times They Are A-Changin’ (Part Two)

Rhodes_1

This is the second part of two-part miniseries. (Here’s Part One.) The following is taken from the Preface to a just-published collection of these Legal Connection blog posts from the past year.

The Culture of Law

Having followed new practice models and technologies all the way to a new role for the law in human culture, I stumbled across one more stunning realization: In order for the legal entrepreneurial practice models and technologies to sustain themselves within a context still recognizable as what we consider to be the legal profession today, a new law culture would need to arise with them. Without a new law culture, the new law would be patched onto the old version of the legal profession and the garment would tear, leaving what was left of the profession to degenerate into non-visionary squabbling over issues like non-lawyer ownership of legal services and multi-jurisdictional legal entities. The big picture would be lost in a myopic preoccupation with making new developments fit existing paradigms. Meanwhile the larger legal paradigm would keep shifting, resulting in a haphazard and messy arrival.

That realization led to a follow up series on The Culture of Law, which occupied the second half of 2015. Following Prof. Austin’s lead and my personal interest in neuroscience, I examined how culture is formed from the inside out — beginning literally with how lawyers’ brains are re-wired in law school and entry into legal practice. Among other things, I learned that culture is formed and changed in individual brains, and is transmitted from one brain to another until the Tipping Point is reached and the collective brains of the culture find themselves wondering how it is that the old culture seems so entirely gone and the new one so entirely present. When that day comes, the New Normal will be the only normal some people in the law culture have ever known. Pause for a moment and try to get your head around what that would be like, if that were true of you.

Why This Collection?

Rhodes_5You noticed, of course, that this book’s cover and title mimic Bob Dylan’s seminal 60’s album and its anthem “The Times They Are A-Changin’.” Referencing Dylan and the 60’s is not a me-too grab for social revolutionary status, it’s a recognition of the social revolution that is already upon us. Something much, much bigger than new practice technologies and non-lawyer ownership of legal service providers is shaking underfoot. The practice models and cultural dynamics that make up the legal profession’s status quo today simply will not be with us in 50 years. Some won’t be here in 20, maybe not in 5 or 10. Some are gone already. As they disappear — one by one, and in batches — a new world of law will emerge to replace them. And when it does, the law’s role in human society — and thus human society itself — will have changed with it. All of that will happen though a process that is evolutionary, inevitable, and already well underway — begun, literally, in the re-wiring of law student and lawyer brains.

And yet…

In the midst of all of this seismic change, there is yet one essential element waiting to fully play its hand: us — that is, those of us who inhabit the legal profession, who consider it an essential milieu of our work and our lives, and who care enough to lend a hand in creating its new future and culture, which wait for our participation to bring them fully into existence. The question is not whether the new future and culture of law will arrive, it is whether we’ll lend a hand in bringing it about.

“The best way to predict the future is to create it.”

Suddenly Dylan’s lyric has new relevance:

Your old road is rapidly fading
Please get out of the new one if you can’t lend your hand.

The lyric is both a challenge and an invitation, which brings us back to that question about the legal profession’s curious indifference to its own welfare. As it turns out, our neurological wiring has such an innate allegiance to status quo — even to our own detriment — that most of us simply won’t get the invitation, or won’t open it if we do. But for those who do, and who choose to engage with the massive professional and societal developments already underway, change will become not merely evolutionary, but revolutionary. For them, the times will become a once-in-forever passion and opportunity.

Revolutions spawned in changing times require extraordinary visionary courage, expressed ultimately not merely in ideas but in action. Which is why both the Future of Law and Culture of Law blog series ended the same way, with the same insight: “The best way to predict the future is to create it.” And why both offer us the same choice:

Will we rise to the challenge and create the future of law
and a new culture of law to support it?

Or will we simply hunker down and go along for the ride,
letting the unpredictable forces of cultural evolution handle it for us,
at the risk of ending up somewhere we never intended to go?

I would be delighted if this collection helps us to frame our response.

(The quote, “The best way to predict the future is to create it” has been ascribed to a lot of different people, including Peter Drucker and Alan Kay. But according to the Quote Investigator, it appeared first in 1963 in the book Inventing the Future by Dennis Gabor, who was later awarded a Nobel Prize in Physics for his work in holography.)

Rhodes_4This second collection of Kevin’s blog posts focuses on the future and culture of law, including insights on technology, innovation, neuro-culture, and entrepreneurship. Extensively researched, visionary, and written in a crisp, conversational style by a man on a mission to bring wellbeing to the people who learn, teach, and practice the law.

 

 

 

The Legal Times They Are A-Changin’ (Part One)

Rhodes_1

The following is taken from the Preface to a just-published collection of my blog posts from the past year.

Killing Them Softly

Rhodes_2Law, Enlightenment, and Other States of Mind (now available in a revised second edition) collected several years of my blog posts for the Legal Connection. It ended with a series called Killing Them Softly, featuring the work of University of Denver Law professor Debra S. Austin. (See Killing Them Softly: Neuroscience Reveals How Brain Cells Die From Law School Stress And How Neural Self-Hacking Can Optimize Cognitive Performance. See also her follow up article on lawyer substance abuse, Drink Like a Lawyer.)

Research studies and media stories about lawyer depression, anxiety, substance abuse, and suicide are legion, but Prof. Austin’s Killing Them Softly sounded a new kind of alarm through its application of neuroscience to the chronic stresses of law school and legal practice and its depiction of how law students and lawyers suffer cognitive brain damage that impairs them from doing precisely what their studies and practices require.

How’s that working for you, if you’re a client? Or an educator? Or a spouse? Or any number of other people with vested interests in law student and lawyer health and performance?

The more I blogged about Killing Them Softly, the more I wondered:

If we know we’re hurting ourselves, then why don’t we stop it?

We Are The Borg

Rhodes_3I’d blogged before about the legal world’s confounding indifference to its own welfare. This time, I broached the topic in a short series called Saving Ourselves From Ourselves, using Star Trek’s bad guys The Borg to lighten the inquiry. I mean, it was the end of the year (2014) and holiday time, after all. My attempt at levity didn’t help. Not really. The topic was too disturbing and the Borg “you will be assimilated” metaphor too appropriate. The law profession’s entrenched willingness to tolerate and continue unhealthy and performance-impairing practices wasn’t going away that easily.

Meanwhile, I’d noticed that an emerging subset of the legal profession seemed to be having a more upbeat experience. These were the new legal entrepreneurs, who seemed to have cornered the market on inspired action and were busy creating a bold new future for law practice. And yet, from what I could tell, the mainstream of lawyers remained unaware of the seismic shift in the legal profession happening right under their feet. They simply didn’t have ears to hear or eyes to see; they didn’t and apparently couldn’t feel the tremors. Once again I wondered: Why not?

The Future of Law

I had written about trends in law practice before as well, but armed with new research, I launched a new series at the start of the new year (2015) on The Future of Law. And then, for some reason I couldn’t articulate then and still can’t, I decided to play like a futurist and predict where the future of law was going. The predictions flowed easily once I focused on the larger trends driving the entrepreneurial initiatives, such as globalization, commoditization, democratization, and big data. Those trends were mostly finding expression in new legal practice models and technologies, and in hindsight my predictions in that arena frankly weren’t all that remarkable, although they certainly seemed so to me when I wrote them.

No surprise, then, that one week I would predict something, only to discover within short order an example of it. No, I hadn’t developed a new gift of clairvoyance, I was only tapping into what was already happening. In fact, I was fast being left behind: not only were the legal entrepreneurs busy creating a new future for law practice, but both legal and popular media were equally busy covering it. I had just come late to the party.

I helped myself liberally to the news as I wrote my blog, but then a more stunning realization about the future of law began to dawn in my awareness. This realization came to me in a series of waves, each amplifying the others:

The new practice models and technologies wouldn’t only change how law is practiced, they would invariably re-create lawyers themselves — who they are, and what they do.

As a result, a new kind of lawyer would engage in a new kind of law practice, alongside a new kind of legal expert who wouldn’t even qualify to be called a lawyer in today’s regulatory environment.

Alongside both of them, consumers (no longer “clients”) would themselves also practice law in a wave of legal DIY aided by artificial intelligence algorithms engineered by cyber geeks and served up online.

The combined impetus of all these developments would create a new kind of law— new in both substantive content and in how it is created, shaped, communicated, and applied.

In particular, this new kind of law would be created and disseminated, and would grow and change, by processes other than the historical reliance on legislation and appellate precedent and lawyer-to-client communication.

Finally, the advent of a new kind of law would transform the law’s role as a foundational institution in the larger cultural context in which it lives and moves and has its being.

Seismic change, indeed.

Continued next time.

Rhodes_4This second collection of Kevin’s blog posts focuses on the future and culture of law, including insights on technology, innovation, neuro-culture, and entrepreneurship. Extensively researched, visionary, and written in a crisp, conversational style by a man on a mission to bring wellbeing to the people who learn, teach, and practice the law.

 

 

 

What’s Up For the New Year

rhodesThe past couple years, this blog has been mostly about profession-wide trends. When it began a few years ago, it focused on personal development. This year, we’re going back to that beginning, with some blurry lines.

Researching law practice trends, I’ve discovered great sources such as Above the Law, The Lawyerist, and The Likeable Lawyer. There’s also mindfulness evangelist Jeena Cho, and law futurist par excellence, Richard Susskind. And right in our own backyard there’s the IAALS (The Institute for the Advancement of the American Legal System). There are plenty more where those came from.

Knowing that all those sources are out there, doing such a great job at what they do, I’ve grown reluctant to use this blog to simply recycle their material. I recommend them to you if you want to beef up your list of sources with a finger on the pulse of the paradigm shift that’s happening in the legal world these days.

Beyond those law-specific sources, I read and research a lot about creativity and innovation, health and wellbeing, consciousness and personal growth. I’ve noticed that, in the realm of personal development, the genre lines have gotten blurry. Entrepreneurs talk about mindfulness, humanities profs cite quantum physics, and everybody talks about neuroscience, so that now we have all these hyphenated new disciplines: neuro-culture, neuro-anthropology, neuro-biology… I haven’t seen nuero-legal yet, but I’ll bet it’s coming.

The Information Age is serving up a rich cross-fertilization of multi-disciplinary ideas. Entrepreneurial innovation takes cues from artistic creation, business builds itself around social causes, and leadership thought leaders borrow the language of the archetypal inner hero’s journey.

While some groups around the world are darkening into fundamentalist rage, there’s a counter movement that’s waking up moment-by-moment into a bigger, bolder, brighter future that — guess what? — even has lawyers in it.

Imagine that.

No, I mean really. Use your imagination to get your heart and soul around a bigger, bolder, brighter future for lawyers and the law.

Feels pretty good.

That’s where we’re going this year — into that cross-disciplinary brightness. And along the way, because everybody likes a good story, I plan to tell more of them. Many will be my own, and why not? Classic literature has known forever that where we’re most personal we’re also most universal, and I’ve learned to trust that my stories have the same effect. I’ll be honest, I’ve been a reluctant learner on this point, but I think I’m getting it. So we’re going there, too.

That’s what’s up for the new year. But before we go entirely there, I’m going to take the next two weeks to put one final exclamation point on last year’s Future of Law and Culture of Law series, and invite your participation in The Moral of the Story one last time. That’s not entirely a digression, though, because if you accept that invitation, it will become the wildest ride of personal development you could (not) ever imagine.

‘Til then, thanks for reading, and see you next time.

Kevin Rhodes has been a lawyer for over 30 years. Drawing on insights gathered from science, technology, disruptive innovation, entrepreneurship, neuroscience, and psychology, and also from his personal experiences as a practicing lawyer and a “life athlete,” he’s on a mission to bring wellbeing to the people who learn, teach, and practice the law.