048 | Cognitive Friction

Brainyacts #48

What is Legal Business Design?

As a pragmatic user of generative AI, it's essential to explore its intersection with legal business design. This unique approach combines social science, business strategy, and human-centered design to create innovative, user-centric legal solutions.

By understanding legal business design, we can better anticipate the potential challenges and opportunities AI may bring to the legal profession, fostering a more balanced, ethical, and responsible approach to AI adoption.

Keep an eye on the human impact of AI and stay curious about the less obvious consequences of this groundbreaking technology.

Ok, time to dig in

A special 你好 (Nǐ hǎo) 👋 to my NEW SUBSCRIBERS! 
To read previous posts, go here.

Today we will:

  1. give thanks to recent referrals!

  2. explore the hidden impact to humans from AI

  3. give a use case and prompts on communicating culture

  4. share 4 tools to use

  5. point you to a viral Twitter lawyer blowing up the profession

  6. highlight consumer projection via ChatGPT

🤩 🙏 🤯 A huge and warm thank you to the most recent batch of rockstars who are referring others to Brainyacts! I simply cannot thank you enough for your generosity and trust!

Holly Dobbins, Legal Counsel at Canary Wharf Group plc

Patrick KcKenna, Strategist and seasoned advisor to law firm leaders

Barney Northover, Partner at VWV law firm

Quinn Ross, Bencher, Law Society of Ontario

Catie Sheret, General Counsel, Cambridge University Press & Assessment

Ernie Svenson, LawFirmAutopilot & law practice management advisor

Unseen Cost of AI-Driven Productivity

The Erosion of Cognitive Friction and its Impact on Human Growth

The advancement of artificial intelligence (AI) has brought about a revolution in the way we work, streamlining processes and enhancing productivity. However, this seemingly utopian shift comes with an often-overlooked human-centered toll: the loss of cognitive friction.

Cognitive friction is a term used to describe the mental effort, challenges, or obstacles encountered when processing information, solving problems, or learning new tasks. It often arises from inconsistencies, ambiguities, or complexities in the information or situations being dealt with. While cognitive friction can be seen as a hindrance to productivity, it can also be a valuable catalyst for growth, as it encourages critical thinking, creativity, and problem-solving skills by pushing individuals to engage more deeply with the task at hand.

By eliminating cognitive friction, we risk stunting our growth, weakening connections with supervisors, and hindering self-discovery.

AI's propensity to reduce errors and improve efficiency inadvertently robs lower-level workers of invaluable learning opportunities. Trial and error, a cornerstone of human development, is diminished as AI tools minimize the chances for mistakes. This deprivation of cognitive friction can lead to stagnation in problem-solving skills and a dampening of innovation.

Moreover, the decrease in interaction between lower-level workers and supervisors as a result of AI's rise can undermine the pivotal role supervisors play in employee growth. Guidance, support, and mentorship are essential to career development, yet they become scarce as AI takes center stage.

The reliance on AI tools also hampers self-discovery, as employees are less able to test their personal limits and develop a clear understanding of their strengths and weaknesses. This lack of self-awareness can lead to challenges in determining job fit and a detachment from one's passions and interests.

The implications for the future workforce are significant.

Long-term consequences of reduced cognitive friction include skills stagnation and an increased dependence on AI tools for decision-making. To prevent this, it is essential that we maintain a balance by embracing AI without losing our essential human skills. Fostering a work environment that encourages growth, development, and cognitive friction is key to cultivating a resilient and adaptive workforce.

🤔 To adopt a balanced approach and promote a work culture that values human growth, creativity, and innovation, here are some questions to ask and answer in your workshops, meetings, and emails in which you are talking about adopting AI in your organization in some fashion.

  1. How will the implementation of AI affect employee engagement and satisfaction within the organization?

  2. What measures can be taken to ensure that AI adoption does not lead to a loss of cognitive friction and stunted personal growth for employees?

  3. How can we balance the benefits of AI-driven productivity with the need for human interaction, creativity, and critical thinking in the workplace?

  4. In what ways can we involve employees in the AI integration process, fostering a sense of ownership and understanding of the technology's impact on their roles?

  5. How will the use of AI impact the dynamics between supervisors and their subordinates, and what steps can we take to maintain strong, supportive relationships?

  6. What opportunities for continuous learning and skill development can we provide to employees in an increasingly AI-driven work environment?

  7. How can we ensure that AI tools are used as a complement to, rather than a replacement for, essential human skills and decision-making capabilities?

  8. Are there any potential ethical concerns or biases within the AI system that may impact employees, and how can we address these issues proactively?

  9. How can we foster a company culture that embraces AI innovation while maintaining a focus on human-centered values and growth?

  10. What strategies can we implement to monitor and evaluate the long-term impacts of AI on employee well-being, professional development, and overall job satisfaction?

This segment was inspired by the following:

  1. Generative AI at Work, a recently released research brief that studied 5,170 customer service agents and the impact of AI use.

  2. KPMG turns to AI to improve its audit, a story out of Australia but already in play in the Canada, UK, the US.

  3. Wiz.AI Founder And CEO Jennifer Zhang On How AI Will Impact Our Lives

Use Case Talent Team Cultural Burden

Ever feel like your talent team is stuck in an endless game of 'Telephone,' where the message about your firm's culture starts strong but ends up a garbled mess by the time it reaches prospective hires? I have seen this a number of times. Either the message seems hollow and unprovable hyperbole or it seem scripted and inauthentic because the talent team is too far removed from the stories they are telling.

The point is culture is not something you can deliver with lack of genuine or authenticity.

This use case and associated prompts are here to help teams cut through the jargon and transform their team into a well-oiled machine, capable of authentically showcasing your firm's unique qualities.

It is a guide, not a cure.

But it will help limit the need to parrot what firm leaders have said and avoid coming across as insincere!

▶︎▶︎PROMPT

What are the typical ways law firms express their culture to prospective legal talent? List the words or phrases only.

This is a link to the reply I got back.

Now I want to drill down into each one that I think my firm tries to claim or otherwise market.

▶︎▶︎PROMPT

Elaborate on [#12 Entrepreneurship]. Can you create a list of 10 or so specific ideas of examples to use on how to communicate and prove, to the extent it's true, that the firm does indeed fully commit to each of these?

Below is what came back. These are great starting points for the team to collect, reverify/refresh, or otherwise determine the validity of these so they can use them to create a portfolio for each cultural quality.

  1. Share examples of attorneys who have successfully developed new practice areas, expanded existing ones, or brought in significant new clients as a result of their entrepreneurial efforts.

  2. Highlight any internal innovation programs or competitions that encourage attorneys to come up with new ideas, services, or improvements to the firm's operations.

  3. Explain the firm's policies and resources that support attorneys in pursuing entrepreneurial initiatives, such as time allocation, financial support, or mentorship.

  4. Showcase any strategic partnerships, joint ventures, or collaborations with other organizations or startups that demonstrate the firm's commitment to entrepreneurial thinking.

  5. Discuss how the firm rewards and recognizes entrepreneurial achievements, such as through bonuses, promotions, or special awards.

  6. Provide examples of how the firm has adapted or transformed its services, business model, or internal processes in response to changing market demands, legal industry trends, or technological advancements.

  7. Highlight any thought leadership initiatives, such as articles, presentations, or conferences, where the firm's attorneys have shared their expertise or insights on innovative topics or emerging areas of law.

  8. Share testimonials from clients who have benefited from the firm's entrepreneurial approach, demonstrating the value of this culture in delivering effective and innovative legal solutions.

  9. Discuss how the firm encourages a growth mindset and continuous learning among its attorneys, fostering an environment where they can take calculated risks, learn from failures, and iterate on their ideas.

  10. Offer opportunities for prospective hires to engage with entrepreneurial attorneys at the firm, such as through networking events, panel discussions, or one-on-one conversations, to gain firsthand insights into the entrepreneurial culture and support available.

But we are not done. Let’s take it a step further. Since the tales team often has to communicate and plan for interactions with prospective of new talent, it makes sense for them to be able to organize their thoughts to present on this - if they are presenting or someone else is.

▶︎▶︎PROMPT

How might I put together a 5-to-10 minute overview of our firm's understanding and commitment to an entrepreneurial culture?

And here is a nice outline to follow:

  1. Introduction (1 minute): Begin by briefly introducing the topic, explaining the importance of fostering an entrepreneurial culture within the legal industry, and stating your firm's commitment to embracing such a culture.

  2. Define Entrepreneurial Culture (1 minute): Define what an entrepreneurial culture means to your firm, highlighting its key aspects such as innovation, creativity, risk-taking, and adaptability. Describe how this culture benefits both the firm and its clients.

  3. Examples of Commitment (3-4 minutes): Share specific examples that demonstrate your firm's commitment to entrepreneurial culture. Refer to the list of ideas from the previous response, selecting the most relevant and impactful examples for your firm. This could include internal innovation programs, partnerships with legal tech startups, flexible work arrangements, or success stories of attorneys who have launched entrepreneurial ventures.

  4. Support and Resources (1-2 minutes): Explain the resources and support your firm provides to attorneys interested in entrepreneurship. This could encompass financial support, mentorship, continuing legal education, or sabbaticals to pursue entrepreneurial projects.

  5. Results and Impact (1-2 minutes): Share the positive outcomes and impact that your firm's entrepreneurial culture has had on the firm's growth, client satisfaction, and industry recognition. Emphasize how this culture has set your firm apart from competitors and positioned it as a forward-thinking and innovative organization.

  6. Conclusion (1 minute): Conclude by reiterating your firm's commitment to fostering an entrepreneurial culture, highlighting the benefits it brings to both the firm and its clients. Encourage the audience to embrace this culture and consider how they can contribute to its continued growth and success.

Tools you can Use: 

AIDiary – Your diary with mood detection & trends highlights (link)
Chatdox – Chat with your pdfs (link)
Gajix- AI Learning assistant. Learn any subject faster, smarter (link)
Talkface-1 on1 AI tutor to learn languages (link)

News you can Use: 

Negotiating a Lease Agreement with ChatGPT

Eric Pacifici (AKA @SMB_Attorney on Twitter) has been causing a stir over the last week as he shares his take on using ChatGPT to augment/replace/avoid? lawyers. His first tweet on this topic reached over 35 million people! Seems ChatGPT and Lawyers are interesting for many people.

More you can Use: 

While we are on the topic of landlords, a New York City woman said she successfully used OpenAI’s ChatGPT chatbot to get appliances in her apartment building fixed after her landlord tried to increase her rent.

That's a wrap for today. Stay thirsty & see ya next time! If you want more, be sure to follow me on Twitter and LinkedIn.

DISCLAIMER: None of this is legal advice. This newsletter is strictly educational and is not legal advice or a solicitation to buy or sell any assets or to make any legal decisions. Please /be careful and do your own research.