How to get clients to change their minds
Lawyers frequently need to change the minds of clients or stakeholders. The evidence suggests that many of the intuitive approaches that we tend to use are counterproductive. There are smarter ways.
In this briefing we explore what the evidence tells us about the psychology of influence and how we can deploy it to our advantage.
Organizations are becoming more complex in terms of decision rights and labyrinthine in structure. The legal profession is not untouched by these trends. The ability to influence without formal authority is as important for lawyers as it is for everyone else – arguably more so, as legal work often means challenging senior stakeholders, giving unwelcome advice or pushing back against decisions.
We need effective strategies to change minds. If we get these strategies wrong, we simply increase resistance.
Daniel’s story
Daniel was an in-house lawyer for a large advisory firm for whom we worked. The firm was supporting its client, a large bank, with a technology rollout across Europe. The project team was under intense pressure to hit the launch deadlines and protect profitability. That required a strong supply of qualified programmers from overseas.
This pressure led to the project team applying an increasingly lax interpretation of immigration law and that was where Daniel spotted a worrying trend. Programmers from India appeared to be entering Germany on business visas while carrying out work that likely requires formal work permits. If regulators were to investigate, the consequences could include eye-watering fines.
Daniel argued hard. He emphasised the rules and the extent of the risk. The response of the project team was, “Thank you, leave it with us.” They were either dismissive or defensive. The harder Daniel pushed, the more resistance he encountered.
But as we say at Threshold, “Resistance is a cue to change your strategy.” Daniel recognized that a different approach was needed. This is never easy when you still feel that powerful instinct to let people know that they are wrong. But thankfully Daniel was open to our coaching and guidance.
Daniel stopped arguing and started listening. He sought to see the situation from the point of view of the project team. By setting aside his own agenda and genuinely focussing on listening he started to understand what was behind the project team’s reaction to his advice.
The team had had their fingers burnt in a similar situation. They were fearful of losing another client by delaying the launch. The client had already been promised an aggressive delivery timeline and failure could be career-limiting.
Daniel suggested that they brainstorm ideas together. The team brought a deep understanding of the client’s situation and Daniel brought the legal expertise.
Instead of treating the project team as the problem, Daniel treated them as the problem-solvers.
Together they found a workable compromise. Highly sensitive work would remain onsite in the EU under proper permits. Lower-risk work would be delivered remotely from India. And a narrowly drafted contractual safeguard clarified responsibilities.
So, what was happening?
Daniel had been experiencing the backfire effect. Top of Form
When we feel pressurised to change our point of view, our instinct is to resist and pushback.
The backfire effect
The term comes from the political scientists Brendan Nyhan and Jason Reifler. Their research showed that the more we thrust our point of view on people, the more we invite resistance. After all, people value their mental autonomy. And in a climate of work pressures, the effect is amplified.
Counterarguing
This is closely related to the inoculation effect, developed by social psychologist William J. McGuire. When an argument seems too one-sided, we feel suspicious and instinctively give more weight to the opposing view – a process also known as counterarguing. If we acknowledge that an opposing viewpoint has at least some validity, people are more inclined to listen to us with an open mind.
In the field of clinical psychology, research showed that when patients are confronted with strong arguments about why they should change unhelpful behaviours, they are significantly more likely to counterargue.
Based on the evidence, clinical psychologists developed a more effective approach to influencing. We have been helping business leaders and legal professionals to apply the principles. It’s an approach that fundamentally changes the dynamic of the relationship and opens the door to better collaboration and cooperation.
Make them the problem-solver not the problem
It starts with seeing the other person as the problem-solver and not the problem. You have a shared problem and the other person has a valuable role in solving it. And here’s an important point, the two parties don’t have to agree, but there does need to be openness, trust and a willingness to listen – what psychologists call rapport.
First let me understand you
The next principle is based on the idea that we human beings tend to reciprocate. If we want someone to listen to us, the starting point is to listen to them – genuinely listen. Seek to understand and playback to check for understanding. Avoid listening to win an argument. Ask yourself: Am I willing to learn something new in this conversation?
Get permission first
As you genuinely listen the mood feels less adversarial and more collaborative. You are generating solutions together. The nature of your open questions changes.
And here’s a useful tip. When you come to give your advice, get permission first. Use a phrase like: I can see a potential solution emerging, may I share it with you.
Small steps
Finally, remember the law of small steps. People are far more likely to commit to taking one small step. If you get people to take one small step in the direction of your solution, you have momentum. Because we human beings like consistency between our thoughts and our behaviours, when people take a step in the direction of your solution, their attitudes and beliefs tend to follow.
The holy trinity of influencing
Our colleague who has a background in clinical psychology talks about the holy trinity of influencing. Business leaders and lawyers alike should have it written down and pinned to a wall, permanently in view:
- Insistence leads to resistance
- Resistance is a cue to change your strategy
- Great meetings are built on rapport not agreement
At Threshold, we are helping our clients to ensure that their human workforce is committed, engaged and ready for the technology revolution. We do this by bringing about small shifts in line manager behaviour that make a big difference. To find out more visit www.threshold.co.uk
