Trust (In a Low Trust World)

Trust but verify.  Trust is earned.  Trust me (pun intended), I get it.  In no small part, the job of a lawyer is to question, probe, challenge, test, etc. the assumptions and motivations of his, her, or their clients and the other side.  More granularly, we scrutinize not only individual words, but the placement of commas and other punctuation, to help make sure that the intent of the parties, as we understand it, is properly effectuated. I have not read Only the Paranoid Survive (Grove), but I think I have a fairly good idea about its teachings.  In short, it is a low trust world.  Add to this my Eastern European heritage, where, I suppose after decades and centuries of living under authoritarian regimes, low trust became encoded into one’s DNA, you can see how, outside of the workplace, this could be an issue. The problem, of course, is that many have been working from home for the past two years.  Point in fact, my home office is a nook in my family room. There is no physical separation, from the low and higher trust worlds. I toggle as best as I can, but, as intimated above, the process is imperfect. 

Some time ago, in a galaxy far, far away (i.e., pre-COVID), I attended a global legal retreat, where one of the guest speakers spoke about the benefits of trust.  I grokked the principle in about a minute and then probably tuned out for the remaining 29 or 44.  As I recall, the presentation on Force Multipliers was more engrossing.  

So, why burn calories on this somewhat esoteric topic, during the current Omicron surge, when BINAX kits have become the toilet paper of 2022. Mental Health Fridays are the new thing, for a good reason too.   For those who, like me, were teenagers in the 1980s, each day is Frogger, trying to dodge COVID or the other issues of the day. 

Here’s the (rather obvious) problem.   Low trust exacerbates the current (and any) situation.  It is, among other things, inefficient.  Important issues do not always percolate to the top due to fear that the messenger might lose some figurative body part.  Thus, the free flow of information is stunted, leading to a potentially sub-optimal end product.  Low trust breeds anxiety.  Practically no one wants to be tested and critiqued all the time.  It can be exhausting.  Set the expectations up front, provide real time feedback, positive and negative but in a thoughtful and caring way, and be confident that your direct reports know when to come to you for help and generally know what they are doing.  Of course, this is easier said than done. 

Some (common-sensical) suggestions: 

1. Trust and accountability are not mutually exclusive. To the contrary, trust and accountability move in lockstep; the greater the trust, the greater the accountability, as those entrusted with a project, etc. now have ownership.  
2. Trust is earned, but be explicit about the trial period and keep it as short as possible (one month, tops). 
3. Deliver feedback continuously and with kindness, compassion, and respect. On this last item, respect, it should be a given; it should not need to be earned. I will assume the best, unless you prove me otherwise. 
4. Model trust. Choose to empower. The climb (see above, from the Point Reyes Light House) is hard enough, and I am here to support you and make it more manageable. 
5. For better or worse, attorneys are generally low trust. Law school instruction is case law driven, and the cases selected typically illustrate fundamental issues, where certain facts or a (mis)application of the law might make a huge difference.  Put otherwise, it is high stakes; whereas, in practice, many issues are not. Law school training is generally not collaborative; there are few team exercises, which have the potential to build trust. Transitioning to practice, as intimated above, counterparties do not always tell the truth or reveal their true intentions.  As a result, we tend to focus on the 1% that is or may be wrong, rather than the 99% that is probably fine. We are always on alert, trying to find the proverbial needle in the haystack. We deal with disputes (potential and actual) each day.  Almost every day, people will tell you, usually nicely, that you’re wrong, and you will return the favor.  Over time, you will probably develop confidence, a calm disposition (I’ve seen this issue or have dealt with this kind of attorney before), and a process to deal with all of this, but you can imagine how trust, whether of an attorney representing the other side or of your management chain, can help ameliorate this.  
6. Law can be fun, intellectual stimulating, if not exhilarating, but the trust issue needs to be addressed first. 
7. Be hard on the problem, not the person. 
8. Schedule regular biweekly (every two weeks) 1:1s with your direct reports. Meet more regularly if requested by your direct report. 
9. Communicate up and down, in a timely, clear and precise manner, but if you are re-reading an email five times, there is a trust issue that needs to be resolved. Alternatively, just pick up the phone. 
10. If all else fails, seek out higher trust environments. 

Comments welcomed.