Aligning Perspectives Between Lawyers and Their Clients: Bridging the Mindset Gap

Lawyers constantly balance legal considerations with their clients’ and their organizations’ broader business objectives. A key part of that balance involves understanding not just the company’s legal needs but also the mindset driving its leadership. How well your mindset aligns with that of your clients can directly influence our effectiveness. How do we measure our mindset, evaluate whether it aligns with the clients, and, if not, bridge the gap?

Step 1: Measure Your Own Mindset

Before evaluating alignment, taking stock of your mindset is crucial. Are you primarily focused on risk mitigation, or are you equally invested in supporting the company’s strategic growth? Consider how you approach:

1. Problem-Solving: Do you tend to lead with a “no” or a “yes, but here are the risks”?
2. Communication Style: Are you speaking in legal jargon or communicating in a way that resonates with business stakeholders?
3. Decision-Making: Are you cautious and risk-averse, or do you evaluate risk in the context of potential business rewards?

These indicators help you gauge whether you operate in a legal-first or business-savvy mindset.

Step 2: Assess Your Clients’ Mindset

Understanding your client’s mindset can be trickier but equally important. Every business may have a different approach depending on its function or leadership style. Here’s how to assess:

1. Business Priorities: Are your clients focused on aggressive growth, maintaining market share, or operational efficiency? The context for the legal advice may vary, and so may the legal position.
2. Risk Tolerance: Do they lean toward calculated risk-taking, or are they looking for a more conservative approach to avoid exposure? Asking clients to clarify their risk tolerance may provide the insight you need to inform the most effective strategy.
3. Communication Preferences: How do they respond to legal advice? Do they value detailed analysis or seek high-level guidance to make swift decisions?

Step 3: Evaluate Alignment

Once you’ve assessed both your mindset and your client’s, the next step is evaluating alignment. Common misalignments include:

• Risk Appetite Mismatch: Legal teams often emphasize risk mitigation, while business teams may be willing to take on more risk to seize opportunities.
• Communication Gaps: Lawyers may delve into legal technicalities that don’t resonate with business executives looking for actionable insights.
• Strategic Focus Divergence: Legal teams may be focused on compliance and minimizing liability, while business teams are driving toward innovation or expansion.

Step 4: Bridging the Gap

If there’s a gap in mindset, bridging it requires conscious effort from both sides. Here are strategies to bring alignment:

1. Develop a Shared Language: When possible, drop the legalese and adopt a more business-friendly tone. Framing legal advice in terms of business outcomes can help align perspectives.
2. Understand Business Objectives: Make an active effort to understand the company’s strategic goals. Attend meetings such as Earnings Calls (if possible) or request updates from leadership on where the business is headed and how they’re measuring success. The more you understand, the better you can tailor your advice.
3. Proactive Risk Framing: Rather than just flagging issues, present a balanced view by explaining both the risks and potential business benefits. Empower your clients with decision-making tools that reflect their risk tolerance.
4. Align on Metrics: Establish key performance indicators (KPIs) that satisfy both legal and business priorities. For example, if the business is focused on speed to market, ensure your legal team has processes in place to provide rapid contract review without compromising compliance.
5. Encourage Cross-Functional Collaboration: Regular interactions between legal and business teams promote understanding. Consider instituting regular touchpoints with your internal clients to stay aligned on evolving business needs.

Step 5: Continual Reassessment

Finally, remember that mindset alignment is not a one-time exercise. Business priorities evolve, and so should your approach. Continual assessment of both your mindset and that of your clients will ensure you’re always positioned to provide value. A practical approach may include asking, “Has anything changed since we last spoke?”?

In conclusion, mindset alignment between attorneys and their clients can significantly impact the overall effectiveness of successful legal outcomes. By measuring your approach, assessing your clients’ mindset, and bridging any gaps, you can foster a more collaborative, aligned working relationship that supports both legal and business success.