The Culture of Law (4): Changing Our Default Cultural Setting

“We cannot solve problems by using the same kind of thinking
we used when we created them.”

Einstein

Let’s start this week by revisiting the premise of this series:  “The law of the future requires the law culture of the future. Culture is the context in which the future will occur. If we understand what culture is and where it comes from, we can most effectively shape both the law and its future… if we choose to do so.”

Key words:  If we choose to do so. We might not. Let’s look at what’s going on in our heads one way or the other.

As we saw last time, our brains are patterned with our cultural expectations through the creation of new brain cells (neurons) and new brain wiring (neural pathways).

When we resist cultural change, judge new developments as “bad,” insist the old ways were better, we think we’re making a reasoned assessment of the pros and cons of old vs. new, and we’re convinced our assessment is correct. Maybe so, but the neurobiological reality is that our brains are encountering a new cultural model that won’t run on their existing neurons and neural pathways. Turns out we’re not saving the citadel from the invading hordes, we’re experiencing a brain reality:  hormones secreting and electrical charges firing within our skulls.

Kinda puts the kibosh on the righteousness indignation, doesn’t it?

When we promote cultural change, our brains need to generate new neurons (a process called neurogenesis) and lay down new neural pathways (a process called neuroplasticity). Once in place, this new neurological infrastructure will support the change we want.

Until our brains are rewired to the point where they can find and maintain the internal-external brain concordance Dr. Wexler talked about (see last time), we will continuously revert to our old cultural patterning. This is why we can leave a firm to set up a solo or small firm practice, or launch ourselves on a mission to reform law education. or whatever our focus of change might be, only to wake up one day to find ourselves back in the same culture where we started. We revert and self-sabotage because our brains weren’t rewired to support the change we wanted.

We begin the process of deliberate change with an awareness of what our default cultural setting already is, as patterned into us during law school and our early practice years. I previously quoted Simon D’Arcy of Next Level Culture. Here he is again:  “You cannot change what you cannot accept. Creating a thriving team and workplace culture starts with revealing, acknowledging and embracing your default culture.”

To know where we’re going, we first need to know where we are, which means the cultural beliefs and behaviors, assumptions and expectations currently patterned in our brains. Finding out is an essential exercises in honesty, and honesty requires reflection.

We think we don’t have time for reflection. We want results.

We’ll get results if we take time for reflection.

New culture means new thoughts and behaviors. We won’t have either if our brains haven’t been rewired to accommodate them.  We won’t get anywhere unless we first understand where we are now. And we won’t gain that understanding unless we step back and reflect about it.

That is the inside-out game of cultural change.

Author: Kevin Rhodes

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.

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