This is the third installment of an advance serialization of a ground-breaking new book by Norman K. Clark and Lisa M. Walker Johnson, Wisdom in Law Firm Management, to be published in June 2025.
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Wisdom in Law Firm Management
Norman K. Clark
Lisa M. Walker Johnson
Chapter 2
The Middle Way Through Impermanence and Change
All conditioned things are impermanent—when one sees this with wisdom, one turns away from suffering.
— Siddhartha Gautama (the Buddha)
Dhammapada (c. 477-397 BCE)
In the legal profession, change is often viewed as a disruption—something to be managed, controlled, and minimized. Lawyers are trained to anticipate risks, mitigate uncertainty, and create stability-enhancing structures. However, what if the assumption that change can be controlled is flawed? What if the key to thriving in a constantly shifting professional environment lies not in resisting change but in using it?
Many – indeed, perhaps most – Western-trained lawyers operate under the belief that success comes from mastering every detail, controlling every variable, and minimizing unpredictability. Their resistance to change can be subtle, mostly through habits, patterns of behavior, and almost unconscious choices, such as reflexive denial.
The nature of legal work itself reinforces this mindset: contracts are drafted to cover every conceivable contingency; litigation strategies are meticulously planned; and firms establish extensive policies to ensure compliance and consistency. So far, so good. However, what if the contingencies are in place solely to control people and circumstances, or not let things get “out of control?” Is there a danger that this mindset will lock lawyers into rigid responses to needed change? Or, do lawyers view contingencies as sound mental structures that build resilience into their practices by encouraging feedback, problem resolution and a place from which to pivot in response to the unexpected – that is, a point of departure for needed critical thinking?
New technologies disrupt established workflows, regulatory environments shift overnight, and client expectations evolve faster than ever before. Earthquakes, hurricanes, wars and political upheaval can upend the status quo overnight. The pace of change, arguably unprecedented in the history of law practice, contributes to the stress that many lawyers feel but it is not these events, alone. Anxiety builds as lawyers perceive a quickly widening gap between what needs to change in their practices and business and their perceived ability to get it done. Their instinctive reaction is to try to control more, fitting needed solutions into their old ways of doing things, but expecting different results.
Buddhism offers a radically different and potentially useful perspective on change.
Rather than viewing change as something to resist or control, Buddhist philosophy teaches that impermanence (anicca) is a fundamental aspect of life. Everything is in constant flux: our thoughts, our bodies, our relationships, and even the law. By embracing this truth and learning to stay alert in the moment by actively engaging in the process – rather than fighting against it, employing expectations from the past - lawyers can reduce their stress and better position themselves to thrive in an ever-evolving profession. This is the essence of resilience: not just to accept that change is inevitable, but to welcome it, plan for it, and flow with it to enhance present and future success.
The nature of impermanence
Anicca is central to Buddhist philosophy and refers to the notion that all things, whether material objects or abstract concepts, are in constant flux. Nothing remains fixed or permanent; everything is subject to change.
While this may seem like a simple observation about the transient nature of life, to lead a law firm with this in mind takes conscious agility and alertness. The concept of impermanence challenges the assumption that stability is the default state. Instead, it suggests that change is the norm; therefore, efforts to “dig in” and maintain rigid structures or resist transformation are futile.
Accepting change as inevitable
One of the most common mistakes law firm leaders make is to treat change as an external force that must be controlled, mitigated, or denied altogether. Whether a merger with another firm, the introduction of new technology like artificial intelligence, or shifts in client demands due to economic conditions, many lawyers approach these changes with resistance, fearing the unknown and failing to test their own assumptions about the impact of anticipated changes.
However, lawyers can shift their perspective from resistance to acceptance by understanding impermanence as an inherent part of life and business, not just as a one off event. This does not mean passively allowing events to unfold without intervention; rather, it means recognizing that attempting to stop or control change using old thinking and methods is unrealistic and counterproductive, let alone stressful.
Consider how many firms initially resisted remote work before the COVID-19 pandemic, even though the supporting technologies had been available for years. Traditional law firms clung to the belief that in-person interactions were essential for maintaining client relationships and internal collaboration. The firms that managed remote working well had already anticipated the shift and were in advanced stages of readiness to respond.
These law firms recognized that existing but previously underutilized technologies facilitated continuity during a crisis and provided long-term advantages such as greater flexibility and decreased overhead costs. By accepting change instead of resisting it, these law firms could adapt swiftly and even prosper under new conditions.
The pandemic experiences of these law firms also reinforced several important principles of crisis management. Forced change — a quick response to fast-moving emerging situations — carries its own risks. Decisions must be made under pressure, often with incomplete information and with limited options. It can be costly, both in the short and long terms, and demoralizing. A differentiating element of resilient leadership in challenging circumstances, rather than ad hoc improvised responses, is the ongoing realization that impermanence, not leisurely evolution, is today's business reality.
Letting go of attachment
Another valuable lesson from Buddhist teachings on impermanence is the significance of letting go of attachment — whether to particular outcomes, processes, or methods of doing business.
Lawyers are often deeply attached to their methods. They rely on tried-and-true strategies for winning cases or managing clients, develop personal preferences for specific technologies or workflows, and build reputations based on particular areas of expertise. While these attachments can provide comfort and security in the short term, they can also create a false sense of efficiency and profitability. Furthermore, they can become obstacles to considering participation, planning necessary changes, and recognizing new opportunities that might arise.
For example, a senior partner at a prestigious law firm may have built a career on traditional litigation strategies refined over decades. However, with the rise of alternative dispute resolution methods such as mediation and arbitration — and clients increasingly favoring these typically faster, less costly approaches — the partner’s attachment to courtroom litigation could impede the firm’s ability to adapt effectively.
Letting go does not equate to abandoning expertise or experience; rather, it signifies being receptive to new possibilities and willing to evolve as necessary to actively engage with changing conditions in business and professional environments.
Mindfulness: leading change with clarity
Mindfulness—a practice deeply rooted in Buddhism—is another powerful tool for leading change within law firms. At its core, mindfulness involves paying attention to the present moment without judgment or distraction. This requires being fully aware of current circumstances, seeking and listening to the views of clients and people in the firm, and remaining open-minded to different points of view and future possibilities.
Staying present
Many law firm leaders face challenges during change, such as becoming overwhelmed by uncertainty about what lies ahead or fixating on past successes as models for future action. Mindfulness teaches that focusing too much on either the past (overreliance on what worked before) or the future (apprehension about what might happen next) can cloud judgment in the present moment, which is the only time when effective decisions can be made.
Staying present, for example, during a merger between two law firms with distinct professional cultures and operational structures, could mean having meaningful and frequent interactions with firm members to listen to their thoughts, ideas, and feelings. Knowing what is happening right now in people’s day-to-day work lives, based on their perceptions, is a requisite for effective decision-making.
Staying present could also mean staying alert to opportunities for critical client information and feedback. Rather than jumping ahead to conclusions and next steps, staying present means actively listening in the moment to clients, weighing not only their feelings and priorities but also the impact of one’s own behavior on the quality of the interaction.
By practicing mindfulness — focusing on what requires attention in the present rather than rushing to judgement or getting consumed by worries and hypotheticals — leaders can remain balanced and informed as they negotiate the dynamics of change in their organizations.
“Being in the moment” can be challenging for lawyers who are propelled by a strong sense of urgency and a need for closure at all costs. However, this approach is not inconsistent with those who desire accurate information, well-defined goals, efficient step-by-step action plans, and timelines in a collegial work climate. In fact, staying present as a leadership practice is a requisite to incorporating these components into a successful change process.
Avoiding reactive decision-making
Another benefit of mindfulness in leadership contexts is a lower likelihood of reactive decision-making. When confronted with unexpected challenges and disruptions, people tend to react emotionally and impulsively, which often leads to poor outcomes. However, mindful leaders reflect before acting, consciously choosing to respond in ways that will achieve the best results in the current circumstances.
Consider a managing partner who has just received news that a major client is seriously contemplating switching firms due to dissatisfaction with recent service delivery issues. An immediate reaction might be one of anger, resulting in blaming the lawyers involved and implementing reactive changes to try to retain the client – changes that are not well-informed or likely to achieve the desired results. However, a mindful leader would first step back and seek input to calmly assess the situation, gather necessary information, and explore the underlying causes of dissatisfaction before implementing an appropriate course of action. This measured approach increases the likelihood of a successful outcome because it engages others, including clients, in the problem-solving process, addressing the immediate issue while building a foundation for further collaboration and continuous improvement. Additionally, it reduces negative stress and anxiety associated with such a high-stakes decision.
The Middle Way
In Buddhism, the Middle Way refers to a path that avoids the extremes of indulgence and asceticism, advocating instead for a balanced approach to life. Similarly, a mindful reaction to change necessitates avoiding extremes, such as overly aggressive transformation initiatives or excessively cautious resistance to innovation.
Balance innovation and tradition.
Law firms often struggle to balance the need for innovation with preserving the traditions that define their professional identity and reputation. While it is important to embrace cutting-edge technologies and adopt new business models to remain competitive in the modern legal landscape, entirely abandoning core values and practices risks alienating both clients and employees. The Middle Way seeks to find a balance between innovation and tradition, ensuring that changes align with the firm’s overarching mission, vision, and professional values.
For example, a litigation firm known for its personalized client service may be tempted to automate certain aspects of client interactions by using AI-powered chatbots to reduce costs and increase efficiency, particularly when addressing inquiries from prospective clients. However, completely replacing human interaction in communications with clients, especially with prospective clients, could undermine the firm's reputation for the personalized attention and care that clients have come to expect. Instead of fully automating client interactions, the firm could adopt a hybrid model that combines the benefits of automation, such as faster response times for basic inquiries, with human involvement that better demonstrates empathy and communicates care. This approach also enables the firm to identify earlier and more accurately any critical issues or risks in a matter while beginning to build the essential foundations for important client relationships and future business development.
Change the pace gradually.
Another aspect of the Middle Way involves gradually pacing change instead of implementing sweeping reforms overnight, which can overwhelm both staff and clients, leading to resistance and burnout. While some changes, such as responding to regulatory requirements, demand prompt action, others are generally best introduced incrementally to provide individuals and groups within the organization the time to adapt.
For example, a major multinational corporate law firm is considering a shift from its traditional hourly-rate billing structure to alternative fee arrangements, such as fixed fees. The firm might start by implementing a pilot program in select practice areas, collecting feedback from clients and fee earners, identifying and addressing challenges, and assessing the impact on financial metrics like profitability and accounts receivable. Only then would it decide how broadly and in what way to roll out the program across the entire firm. This more gradual and less disruptive approach facilitates a smoother transition by minimizing interruptions to existing workflows and relationships while still achieving the goal of sustainable improvements in profitability.
Flourishing in the face of change
Change is an inevitable part of life and business; resisting it only leads to frustration and suffering, ultimately resulting in an inability to thrive in ever-evolving environments. The competitive pressures in the modern legal services industry call out for agile, flexible, and insightful management practices that meet the challenges of today and build a kind of change readiness resilience into organizations for long-term success. Most lawyers have experienced only “push” or “pull” management tactics; this impacts their confidence and impairs their ability to lead change.
By embracing Buddhist principles like impermanence, mindfulness, and the Middle Way, lawyers and leaders can cultivate a mindset and leadership practices that will help their organizations flourish in uncertainty. By actively engaging with clients and their people in mindful ways, they can create a professional environment that thrives on change rather than resists it at every turn. This enables them not only to navigate the turbulent waters of change but also to emerge from them stronger than before.
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Copyright 2025, Norman K. Clark and Lisa M. Walker Johnson. All rights reserved.
