Unplug (HBO's Masterpiece) The Wire: IT Scream Tests For Law Firms
Jeff Cunningham
Outside General Counsel for Law Firms | Ethics Advice, Legal Malpractice Defense & Holistic Law Firm Risk Management | I cram legal ethics into memes and movies
Law firm risk management, like many other professional fields, can draw valuable insights from seemingly unrelated disciplines. One such technique is inspired by the concept of a "scream test" in IT, where certain systems or services are deliberately disconnected or disrupted to identify critical dependencies—essentially waiting to see who "screams" when something breaks or goes missing.
Similarly, a memorable scene from HBO’s classic The Wire offers a parallel lesson in risk management. Stringer Bell, a calculating strategist, advises Dee Barksdale to withhold payments to their crew to find out who is skimming money, revealing internal threats.
These scenarios both focus on identifying hidden risks by withholding expected resources or disrupting usual practices. Applying these principles to law firm risk management can help detect weak points in operations, security, or even ethical behavior within the firm. Here’s how:
1. Stress Testing Law Firm Systems: IT's Scream Test
In IT, a "scream test" involves disconnecting a software system to gauge its importance based on who reacts and how urgently. Law firms can implement similar techniques to test the robustness of their internal operations, policies, and workflows.
2. Withholding Resources to Expose Internal Issues: The Wire's Stringer Bell Strategy
In The Wire, Stringer Bell tells Dee Barksdale not to pay his crew on pay day, suspecting theft. The idea is simple: by withholding what people expect, you reveal who is stealing or taking advantage of the system. Law firms can adopt a version of this strategy to test for inefficiencies, ethical lapses, or even fraud within their own teams. (PSA - don't withhold employee pay)
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3. Simulated Disruptions to Reveal Vulnerabilities
Both the "scream test" and Stringer Bell’s method aim to shake up the normal flow to expose hidden risks. In a law firm, simulated disruptions—whether by limiting access to key data, delaying routine payments, or enforcing new compliance standards without notice—can be an effective way to surface weak points in operations or employee behavior.
4. Anonymous Whistleblower Programs
Borrowing from the spirit of Stringer Bell’s test, law firms could create channels that encourage employees to report unethical behavior or concerns about operational integrity anonymously. These whistleblower programs would allow employees to "scream" without fear of repercussion, potentially highlighting internal risks, breaches, or inefficiencies that would otherwise remain hidden.
Proactive Risk Management Through Disruption
The key takeaway from both the IT scream test and The Wire’s withholding strategy is that controlled disruption can reveal hidden weaknesses or risks within an organization. Law firms, often dealing with sensitive data, financial intricacies, and ethical standards, stand to benefit from these proactive techniques to identify dependencies, inefficiencies, or unethical behaviors. Through strategic disruption—whether in the form of stress tests, surprise audits, or simulated crises—firms can mitigate risks before they lead to more serious issues, protecting both their reputation and the interests of their clients.
Let's chat about better practice, less stress.
President at Winning Focus, LLC The Forefront of Litigation Stress Coaching
1 个月Jeff, your article provides a thought provoking application of "screen test", a withholding strategy, for law firm risk management. However, I find this strategy Machiavellian. It employs whatever operation necessary to achieve its end. It disregards the value and dignity of the individual attorney. Ultimately , I find that this strategy would deteriorate moral, trust, communication and productivity.
Business Attorney at Law Office of Matthew Van Ryn, PLLC
1 个月I enjoy your posts, Jeff, but this part gave me pause: "Withholding certain expected perks or resources from employees can also reveal deeper issues of ethics and trustworthiness. For example, temporarily restricting access to discretionary funds, confidential information or even the free Friday breakfast may expose those who have been bending ethical rules." Wow, that seems to me to be a pretty terrible behavior on the part of the employer that's more likely to corrode trust with the employees than uncover supposed wrongdoing.