weighing the fear factor in the practice of law
It’s common thought that fear is a primary motivator and deterrent of human action. It can spark our most basic fight-or-flight response or stop us dead in our tracks. It’s also become the go-to emotion for media outlets like the network news (which my kids affectionately call “the bad news”) and other television programs.
A great example of fear as a mainstay of our culture’s entertainment diet is the popular show Fear Factor. In each episode, contestants submit to fear (if not sheer terror) inducing stunts in order to advance in a competition for prize money. The show is engaging, first, because it’s hard to imagine why anyone would voluntarily submit to such torment and, second, because we all know what fear feels like and want to witness how other people confront – or run from - it. I suppose, viewed in their best light, shows like Fear Factor enable us to access this basic emotion and see it as a common denominator of human experience.
Taking this subject-matter to the business world, it’s also important to understand the fear factor in the practice of law. In most dispute scenarios and transactional matters, the parties experience fear to some degree. There’s fear of monetary or property loss. Fear of being denied rights and justice. Fear of being taking advantage of or disempowered. Fear of not being seen or heard. Then there’s the lawyers’ own fears concerning win, loss, monetary gain, reputation, recognition and billable hours. The list goes on and on. So, it’s fair and honest to say that fear is a big factor when it comes to the delivery and consumption of legal services.
Just acknowledging the role of fear in our professional lives is a productive step. Blogger Kathy Sierra of Creating Passionate Users takes this productivity a step or two further in a terrific post explaining just why - in business as in life - Reducing fear is the killer app. Recounting her experiences in a dental office and hospital setting, Sierra observes: “Our users [read clients] might be more afraid of us and our products than we think. And those who can reduce or eliminate that fear have a huge advantage. Not to mention a passionately loyal following.” So, as lawyers looking to optimize our business, we’d do well to consider how fear is factoring in to our clients' perception of their legal issues and their legal representation.
