​One of the more challenging legacies of lock down is an increase in back-to-back online meetings on platforms such as Teams. I am working on a transaction involving calculations on spreadsheets and the associated complex contractual wording, resulting in the need for a series of lengthy internal and external meetings. One of my colleagues on this matter has introduced a simple but very effective way of managing time better. He sets meetings to start not at say 9am but 9.05am. This does not sound much but this 5 minute window allows some time to transition from a previous call, get a coffee and prepare mentally for the next meeting. It also means participants join on time if their previous call overruns by a couple of minutes, which often happens. It is so frustrating to join a meeting on time only to discover others are two or three minutes late, delaying the start of the call with the inevitable excuse “my previous call overran”.

See this blog Give yourself a break: start meetings 5 minutes later advises “Discover how to avoid back-to-back meetings by starting them five minutes after the hour or half-hour rather than ending them earlier.” It comments “Jumping into meetings without breaks is a terrible idea; research from Microsoft shows doing so makes you more stressed and less engaged. But reality happens, so we drag ourselves from room to room (or Zoom to Zoom) without pause, degrading our moods, energy, and productivity.”

The Microsoft reference is to a report Research Proves Your Brain Needs Breaks which says “In our latest study of brain wave activity, researchers confirmed what many people sense from experience: Back-to-back virtual meetings are stressful. But the research also points to a simple remedy—short breaks.” It recommends using settings in Microsoft Outlook to do support this practice – “Individuals can set scheduling defaults that automatically shorten the meetings they schedule.” Their research showed:

• Breaks between meetings allow the brain to “reset,” reducing a cumulative build up of stress across meetings.
• Back-to-back meetings can decrease your ability to focus and engage.
• Transitioning between meetings can be a source of high stress.

It also proposes strategies for making breaks successful including:

• Shift your mindset. View breaks away from your computer as an essential part of your workday.
• Find break activities that calm your mind. Meditation is one effective way to relax and recharge between meetings, but other studies show that physical activity such as walking is also beneficial.
• Create even more time for breaks by considering other modes of communication. Before scheduling a video call, pause and ask yourself: Do we really need a meeting on this issue?

Generally, I have found meeting breaks for in person meetings, such as a contract negotiation, to be an essential part of the process. Not only does it provide time to recharge your batteries, but it allows both sides to gather together separately and reassess their position outside of the face-to-face discussion. When both parties are together there is always the chance that one or other will be show boating to impress their colleagues and clients, without actually progressing the deal. For me it also allows say lawyer to lawyer side discussions on complex legal topics such as intellectual property or limits of liability which can often be resolved with some quiet joint reflection and understanding of each sides point of view. It is however for some reason harder to get participants to agree to stop Teams meetings and go to virtual breakout rooms or have side calls.

For a thorough and inciteful review on this topic see this Harvard Business Review article How to Take Better Breaks at Work, According to Research which observes “To tackle an ever-increasing workload, many workers choose to grind through, skip lunch, and stay after hours.
But the cost of being always-on (and doing it well!) is high.” However “a systematic review of existing research on workplace breaks … analyzing more than 80 studies, confirmed that pausing work throughout the day can improve well-being and also help with getting more work done.” It advises that “taking breaks can help employees to recharge and short-circuit the negative spiral of exhaustion and decreasing productivity.” However, “how” you pause work matters.

• Timing. Disengaging from work only for a few minutes but on a regular basis (micro-breaks) can be sufficient for preventing exhaustion and boosting performance.
• Location. A break outdoors and enjoying the green space is far better for recharging workers’ resources than simply staying at a desk.
• Activity. Exercise is good. Scrolling though social media is not!
• Pat a pet (my words!). Spending a break with a furry companion is effective for many employees.

The article usefully proposes how managers can encourage this habit by, for example, fostering a positive attitude, taking breaks themselves and scheduling break times.

I also like this Michigan State University article Breaks During the Workday which again emphasises that “Taking breaks throughout the workday has benefits for both the employee and the organization, but many employees often neglect to take them. Skipping breaks can lead to faster burnout and higher stress levels.” The benefits include:

• Increases productivity 
• Improves mental and physical health and well-being 
• Increases job satisfaction 
• Can prevent decision fatigue 
• Increases creativity 
• Helps consolidate memories and improves learning

It also proposes “How to take a break”:

• Do an activity that uses a different part of the brain 
• Be fully detached from work during the break 
• Try to be active during the break 

All this used to be so simple when we were all in offices. We could take coffee breaks or have lunch together, or even go to the pub (preferably after work, though I recall being asked at my first job interview if I drank! Tricky question. I replied “in moderation”. Good said the lawyer interviewing me, “because you have to be able to join fellow workers for a lunchtime drink and still provide coherent legal advice afterwards”. How times have changed!). But in these online times Our Brains Need Breaks From Virtual Meetings according to a Forbes article which cites the Microsoft research above and observes “Breaks between meetings allow the brain to “reset,” reducing a cumulative buildup of stress across meetings. In two straight hours of back-to-back meetings, the average activity of beta waves—those associated with stress— increased over time. In other words, the stress kept accumulating.”
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As John Cleese famously said to his wife in a training video “I can’t do my work [at work], because I’m in meetings”.

I was at the dentist this week trying to ignore the discomfort by looking at a TV set sensibly positioned on the ceiling above the chair I was laid back on. For some reason they show nature programmes, presumably hoping these will somehow be a comfort or at least a distraction. On this occasion it was a David Attenborough film on plants growing in a tropical forest. It was quite fascinating, showing using time lapse photography, how a climbing plant sent out tendrils which located a tree branch, entwined themselves around it – and then coiled like a spring to bring the rest of the plant up to that anchor point. I had never heard of or seen this how exactly climbing plants could do this before. What struck me (again), as somebody who has practised as a professional for a long time and lived a full and involved family and social life, how much there is I still don’t know. It made me think about how important it is to be open to learning new things. I wrote a blog about Learning Moments some time ago in which I proposed “Learning new things is a life long experience which makes our journey on this planet so much richer”. I think this is still very true. In our working roles this means preserving an open and enquiring mind, no matter how experienced we may be (or think we are!).

This short blog Curiosity Makes You Smarter – The Benefits of an Inquiring Mind summarises the benefits nicely: “A valuable attribute of great leaders, effective communicators, and professional marketers is curiosity. A curious, inquiring mind keeps us active and engaged. According to research, one of the most overlooked keys to happiness is cultivating and exercising our innate sense of curiosity. Curiosity helps us explore unfamiliar territory and lays the foundation for greater opportunities.”

While this helpful article Inquiring Minds Wanted commences “To develop an inquiring mind there has to be the desire to be curious, and the will to act upon the curiosity. It also involves developing critical thinking skills and having the commitment to pursue continuous learning opportunities.” It proposes that the attitudes for an inquiring mind include:

• “Embrace the “why”: Don’t settle for surface-level information. Ask “why” and “how” behind every fact or experience. Encourage yourself and others to delve deeper, connect dots, and find the underlying reasons and mechanisms.
• Befriend the unknown: Don’t shy away from things you don’t understand. Approach unfamiliar concepts with open eyes and a willingness to learn. Embrace the mystery and see it as an invitation to explore and discover.
• Cultivate a questioning spirit: Never hesitate to ask questions, even if they seem “silly” or challenging. The best questions often arise from genuine curiosity and can lead to groundbreaking insights. Ask open-ended questions that spark discussion and critical thinking.”

It discusses how to evaluate information, practice reflective thinking and advocates continuous learning concluding “adopting an inquiring mindset necessitates a conscious effort to maintain openness and cultivate skepticism, enabling one to pose meaningful questions and engage with complex problems. Embrace curiosity and continuous learning…”

Turning more to our professional world The International Federation of Accountants has published an interesting article Professional Skepticism and Inquiring Mind—Connecting the Standards which commences “These are all discussions and concepts that are pervasive across the standards that guide the accountancy profession.” It interestingly raises this topic as a part of a profession’s regulatory compliance and proposes “Whether having an inquiring mind or exercising professional skepticism skills, or when working with data and information, professional accountants may need to:

• Identify, address, and evaluate various threats to the quality and integrity of the data
• Remain alert for new information and changes in facts and circumstances
• Exercise professional judgment
• Apply critical thinking skills to interpret the story
• Spot trends and irregularities
• Find solutions to problems
• Be aware of how conscious and unconscious bias might impact how the data or information is used, analyzed, or reported on”.

The article explains why these skills are of continuing importance:  “As the profession moves into digital areas and providing sustainability-related services, the importance of having an inquiring mind and of applying skills and competences that involve exercising professional skepticism will continue to be vital. It is incumbent on each professional accountant to have the necessary skills to ask the right questions and challenge in the right areas.”

But this inquiring approach is not just limited to the professions. It applies equally throughout the business world. This excellent Harvard Business Review article The Business Case for Curiosity commences with the observation that “inventions throughout history, from flints for starting a fire to self-driving cars, have something in common: They are the result of curiosity.” It then develops this theme in a business context with three important insights:

• “First, curiosity is much more important to an enterprise’s performance than was previously thought.
• Second, by making small changes to the design of their organizations and the ways they manage their employees, leaders can encourage curiosity—and improve their companies.
• Third, although leaders might say they treasure inquisitive minds, in fact most stifle curiosity, fearing it will increase risk and inefficiency.

It suggests ways to foster curiosity with good business examples and identifies the blockers, recommending and illustrating strategies including:

• Hire for curiosity – Google identifies naturally curious people though interview questions.
• Model inquisitiveness - Leaders can encourage curiosity throughout their organizations by being inquisitive themselves.
• Emphasize learning goals – when asked how he was able to land a commercial airline on the Hudson River, Captain Chesley “Sully” Sullenberger described his passion for continuous learning. Even on routine commercial flights every time his plane pushed back from the gate he would remind himself that he needed to be prepared for the unexpected….. As the accident report shows, Sully carefully considered several alternatives in the 208 seconds between his discovery that the aircraft’s engines lacked thrust and his landing of the plane in the Hudson.”

The article concludes “maintaining a sense of wonder is crucial to creativity and innovation. The most effective leaders look for ways to nurture their employees’ curiosity to fuel learning and discovery”.

As Eric Schmidt, Google’s CEO from 2001 to 2011, commented “We run this company on questions, not answers”. 

While the missionary and author William Ward observed “Curiosity is the wick in the candle of learning.”
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And Albert Einstein said “I am neither clever nor especially gifted. I am only very, very curious.”

I saw a recommendation recently on LinkedIn by a friend and former colleague Mark Smith to a fascinating book Outlive The Science & Art of Longevity by Dr Peter Attia. The theme of the book, which I am still reading, is that we are currently in a mode called “Medicine 2.0” (after “Medicine 1.0” which lasted until the mid-nineteenth century) where the aim of health care is to fix problems, but only after the symptoms appear. Instead, we should be moving to “Medicine 3.0” taking the approach of Chinese medicine and seeking to prevent the problem arising in the first place. “Medicine 2.0 focuses on lifespan…..Medicine 3.0 pays far more attention to maintaining healthspan, the quality of life”. It strikes me that this approach applies equally to a number of other professional situations. We seek so often to deal with the symptoms rather than the root cause of problems. The book cites Bishop Desmon Tutu: “There comes a point where we need to stop just pulling people out of the river. We need to go upstream and find out why they are falling in.”

Take, for example, an IT services contract where the delivery of the services goes wrong in some way – for example a misuse of or even loss of key data leading to risk and service failure. I have unfortunately been involved over my career in a number of such situations advising both customers and suppliers.   What generally happens first after the issue manifests itself is that the supplier and its subcontractors are asked to investigate the situation and produce what is called a “root cause analysis (RCA) Report”. This delves deeply into the technical and sometimes business reasons as to why the situation occurred and its consequences and recommendations to fix the problem and prevent its reoccurrence. It can be defined as “the process of discovering the root causes of the problem in order to identify appropriate solutions. RCA assumes that it is much more effective to systematically prevent and solve underlying issues rather than just treating ad-hoc symptoms and putting out fires.” 

This is all fine, but it still is reactive – taking place after the problem has occurred. See this useful article Root cause analysis explained with examples and methods which discusses techniques and methods to conduct an effective analysis. Interestingly it proposes “Instead of looking at the specific day or hour that something went wrong, we look at a longer period of time and gain a historical context.” It concludes “We typically use RCA as a way to diagnose problems but it can be equally as effective to find the root cause of a success. If we find the cause of a success or overachievement or early deadline, it’s rarely a bad idea to find out the root cause of why things are going well”.

This is more the theme I want to explore. Why wait for the symptoms of the problem or illness to occur? Instead find ways to look for and identify personal, business, technical or contract issues and prevent them from becoming problems in the first place. See for example this LinkedIn article How to anticipate problems and solve them before they occur which suggests:

• “By anticipating and solving problems before they happen, you can improve the efficiency of your business by eliminating disruptions and delays caused by difficulties that have already occurred”. 
• “This requires a proactive mindset that focuses on prevention rather than reaction”. 
• “To anticipate problems, you need to identify the areas in which they are most likely to occur.”

If you go back to a problem contract delivery where say the initial project is late, how can that be recognised, anticipated and prevented? There are I suggest a number of ways this could be achieved in practice by lawyers and commercial advisers and other professionals.
1 In the original contract negotiations drill down into and test the project plan and the viability of achieving it.
2 Spend time understanding the requirements and solution and testing if these can be delivered. 
3 Use an Agile process to better manage delivery and meet expectations around the solution.
4 Test the plan and solution with independent experts in your organisation before signing the contract – and listen to what they say, implementing changes to the contract or associated processes that they recommend.
5 After contract delivery run regular “deep dive” reviews to proactively look for any possible issues before they occur and see how these may be prevented.
6 If things look like they may be going wrong bring in skilled colleagues to help the business-as-usual team and prevent the issues from developing into real problems.  

One of the inherent reasons why such problems in contracts delivery are not identified early enough in my experience is a sense of loyalty within the project or delivery team which will not allow or contemplate the risk of failure. This encourages a blinkered approach and a refusal to recognise reality. The risk for say a lawyer becoming involved in such a driven team is that they “go native” and can’t see the real upcoming challenges with any perspective until it is too late.

See this article How to effectively solve or prevent problems before they occur  which distinguishes between:

• Reactive problem solving is about putting out a fire after it has occurred. For example, after it has developed. and
• Proactive problem solving identifying and resolving them well before they occur. For example, vaccinations to prevent disease.

It proposes 10 Step proactive solving problem-solving method including:

• Identify the outcome you want to achieve
• Detect problems before they arise by addressing early warning signs
• Create a sense of urgency
• Consider fixing the system as a whole
• Identify the cause and effect of future problems.

It concludes “Therefore, adopt the mindset or preventative system. Take personal responsibility and accountability for issues. Preventing problems to occur takes time and commitment”. 

So I suggest that we should not just be looking for a “Medicine 3.0”, but a “Contract 3.0” and a “Legal 3.0” where our professional energies are focused on preventing rather than fixing problems.

See some apt quotes on this topic below – which show that it is by no means a new idea.

“The doctor of the future will give no medication, but will interest his patients in the care of the human frame, diet and in the cause and prevention of disease.” Thomas A Edison.

“He who cures a disease may be the skillfullest, but he that prevents it is the safest physician.” Another American inventor and businessman Thomas Fuller.

“The time to repair the roof is when the sun is shining.” John F Kennedy.

“An ounce of prevention is worth a pound of cure.” Benjamin Franklin. 
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“Intellectuals solve problems, geniuses prevent them.” Albert Einstein.

I was thinking over Easter, perhaps appropriately in terms of its religious connotations, about the importance of recognising and then managing transition, those periods of our professional life when things are changing or evolving. This could be at a transactional level – for example, concluding a commercial or corporate transaction you have been dedicated to working on for six months or more, or settling a litigation after two years of argument (I recall one insurance dispute that went on for 7 years).  Or they could be even more profound: promotion or a change of role (say commercial to business executive); moving from university to a first job; changing jobs; evolving your career after a long time in one role.  In my case I moved from industry to private practice – and then back again to an in-house job! 

The common feature in all of these changes is that they have a material and sometimes profound impact on our working and indeed personal lives. There will inevitably be some sort of loss as the dedicated team you have been a crucial part of or even led is disbanded, or you leave long term colleagues behind as you move to a new role or organisation. I suggest that the first and most important thing in these situations is actually recognising and acknowledging that the change is happening and its inevitable impact on and consequences for our personal and professional lives. Then we can take steps to mitigate, manage and indeed take advantage of the transition. 

These changes are inevitable in our working lives so it also really helps to anticipate and have a back up plan to deal with them – see my blog Have a Plan B. They are also opportunities – this book Managing Transitions: Making the Most of Change by William Bridges suggests that “the actual situational shifts are often not as difficult for employees and managers to work through as the psychological components that accompany them” and  “successful organizational change takes place when employees have a clear purpose, a plan for, and a part to play in their changing surroundings.” The same author has developed an interesting Transitional Model which proposes that there is a difference between “change” (“the external event or situation that takes place”) and “transition” (“the inner psychological process that people go through as they internalize and come to terms with the new situation that the change brings about”). It then identifies three stages of transition:

• Endings - when people identify what they are losing and learn how to manage these losses. 
• Neutral Zone - an in-between time when the old is gone but the new isn’t fully operational.
• New Beginnings - new understandings, values and attitudes.

During work on a long running deal or dispute you will generally have developed good professional relationships with your colleagues on the team. I find these can be consciously enhanced – having, for example, a celebratory get together at the end of the transaction to cement those relationships which can be very useful in the future. These will be people who know your worth and ability and can make a positive contribution to future opportunities. It also helps to expand your network externally by inviting the other side on the deal and then making a conscious effort to keep in contact with them over LinkedIn or though professional organisations like for IT lawyers the Society for Computers & Law (SCL).

This external network is also in my experience vital if you are facing a transition. It is easy when you have a busy and fulfilling role to focus on your internal network. But if things change then a third party view is invaluable to provide perspective. Some years ago I was facing some internal challenges and reached out to a former colleague and mentor. Over a number of breakfast meetings they encouraged a more constructive attitude and provided me with ways to approach the potential crises and some alternatives to consider. This all got sorted out eventually, but it really helped me to look at things from a different angle and change my mindset form one of concern to looking for opportunities in the situation.

So far I have been considering more personal professional changes. But transition and the need to manage it also applies at a corporate level when the impact on individual workers can be profound and should equally be managed. See this Harvard Business School article 5 Tips For Managing Change In The Workplace which says “companies need to embrace change” but this does not always work. It cites a Gartner report which “indicates that just 34 percent of all organizational change initiatives are considered a “clear success,” while 50 percent are deemed to be “clear failures.” A further 16 percent yield “mixed results.”.” The article defines organizational change as “the process by which a business alters key components of its strategy or operations.” It then proposes five useful tips and strategies to better manage change.
1.Understand the Process of Change – change management involves Preparation, implementation, and follow-through.
2.Understand the Forces of Change – what factors make the organizational change necessary.
3.Create a Plan - outline the reasons for change, define its scope, outline key stakeholders, establish a team, and provide a detailed roadmap.
4.Communicate – to team and stakeholders.
5.Prepare for Roadblocks – anticipate and encourage employees to deal with obstacles.

I also found this article from The Economic Times, Navigating Organizational Transitions Smoothly: A COO's Guide to Effective Change Management, interesting in this context. Its recommendations include:

• Embrace a Strategic Approach - adopt a strategic mindset.
• Build a Strong Change Management Team – have a dedicated professional team who understand organizational transitions.
• Involve Employees from the Start - employees often have valuable insights and suggestions. 
• Celebrate Achievements – acknowledge and celebrate milestones.
• Learn from Experience – conduct post transitional evaluations.

In the end professional and organizational change is about attitude. Anticipate, don’t panic talk to people (inside and outside your organisation) and look for the opportunities that will always be there.

As my Tai Chi teacher said in a class today, the secret of all moves is in the transition.

The writer and philosopher Ralph Waldo Emerson observed “Not in his goals but in his transitions man is great.”  

While the American business man and writer Jack Welch advised “Change before you have to.”
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And to go back to ancient times “The secret of change is to focus all of your energy not on fighting the old but on building the new” – Socrates.