The universal temptation.
It is included in these pages because it is necessary.
GT-SC stands for Goody Two-Shoes
Crapola. It results from pious fraud and foggy thinking. We are a profession
of verbally skilled individuals who prosecute or defend an issue depending
on who gets to them with a retainer first. While this ability ultimately
serves society, it creates risks within our ranks. When this skill is misused,
the misuse must be called.
Theory
In the terminology of clinical psychology
it is usually the consequence of the attempted resolution of cognitive
dissonance.
Examples within the legal profession
abound.
A personal injury firm determines to
settle a case for 70% of its verdict value because they don't want to spend
the additional time necessary to litigate the matter. Their explanation
to the client is rank with GT-SC as they "recategorize" the risks
and benefits.
The senior partners of an insurance
defense firm feel the economic pressures attendant to that niche in the
profession and wish to broaden the firm's scope. They bring in a lateral
transfer with experience in areas of the law into which they would like
to expand the practice. However, they don't want to change what has been
a comfortable and, until recently, risk free, professional environment.
So they don't resolve the conflict between the existing non-attorney firm
administrator (who feels threatened by the lateral transfer) and fail to
give the lateral transfer sufficient resources or authority to change anything.
The conclusion after a year: they decide to give themselves country club
memberships as a way to recruit new clients.
The narcotic in GT-SC is that it is
never completely untrue. It is always a matter of perception, of emphasis
or of "spin". Although not of the legal profession, a good example
of GT-SC is in the polar arguments concerning public education, the teachers
union and alternatives. Both sides have points to make, and while there
is spin and counter spin, children pass through an educational system that
consumes increasing resources with decreasing results.
Practice
Practical tips for the planner.
The planner has to distinguish between stealth and deceit.
There are two tracks: confront and reconcile or out GT-SC 'em.
The first track, while appearing more
honorable, is more risky. In most planning situations there are components
of self defined expertise that are part of the equation. "Experience"
and "professional judgment" are called upon by those who are
resistant to change or who adhere to a self serving prime directive. A
good trial lawyer knows to not overestimate the value of having the "facts"
on your side in a confrontation.
Stealth, in this situation, means allowing
a resistant party to declare a position clearly and then holding him or
her to it. Attorneys are hard pressed to declare "If I knew you were
going to hold me to my word, I wouldn't have spoken". In a market
driven planning process, getting a commitment to include market factors
in the practice development process before the market research is undertaken
can be effective.
Planning meetings should have written
agendas, distributed in advance. GT-SC always wants to "think about
it" as part of the stall-it-to-death defense.
Choose the sequence of agenda items
so as to get agreement on conceptual issues before decision points are
reached. Using our insurance defense firm as an example, once there is
a sufficient lack of confidence that the status quo will be acceptable
in the future and that change should be considered, the planner should
get;
1) A commitment to the methodology by
which options will be considered,
2) The value market research will be
given in the evaluation of those options and
3) The level of variance from the status
quo that will result.
Always caption the commitment to change
as an action statement. "We should increase the annual billable hours
we spend on commercial law and decrease those spent on insurance defense
by 1500" is much more GT-SC proof than "we should look at increasing
our commercial law hours since insurance defense is becoming less profitable
and secure."
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