The tensions between Tops, Middles, Bottoms & Customers in law firms

Tony Reiss writes: I’ve recently attended an amazing workshop run by Barry Oshry, a US pioneer in researching patterns of thinking and behaviour in organisations. He has put his finger on some of the systemic issues that cause so many of the tensions in firms and cause Customers to be disappointed in the service they get. If you’d like the whole story, read Barry’s latest book Seeing Systems (see the end of this article for details). If you’d like a synopsis of Barry’s thinking, read on. The essence of the problem is that we tend to see things only from our own perspective and judge accordingly. We fail to appreciate the systemic factors influencing the world of those in a different hierarchical position. We see the part, but not the whole.

The stuff that happens in law firms

Let’s explain by looking at the world of law firms where ‘stuff happens’! Some of it is good stuff. We get the salary increase we were looking for. Our business plan and budget is accepted. But other stuff is less pleasant. There are the negative comments, such as “Why did you do it like that?” Or there’s the mysterious stuff (there’s a lot of this in a law firm), such as “Uh….well….let’s see….I’ll see what we can do…..”

With all this going on all the time, we see people reacting in the following ways:

  1. In the absence of knowing why the other person is behaving the way they are, we make up ‘stories’ to explain what’s happening. But because we don’t notice we’ve done that, we see our ‘stories’ as the truth.
  2. We take the stuff personally – we experience it as if it was aimed at us and intended to hurt us.
  3. We react, by getting annoyed, trying to get even or withdrawing.
  4. We lose focus on delivering 100% for the business and are distracted by the stuff.
  5. Our actions become the stuff for others. Others now make up their stories about us!
  6. There becomes less prospect of a harmonious partnership.

I remember a partner who never said hello to me. My story I made up was that she didn’t like me. So I decided not to like her! The truth, I discovered later, was that she was shy and didn’t say hello to anybody!

Just consider how long it takes you to go through this list of reactions. For some it might be nanoseconds!

The world of ‘Tops’

So, let’s try to understand better the world of ‘Tops’. Tops are heads of departments or directors of support functions or people leading a project. Tops are struggling to survive in a world of complexity and accountability. They are often drowning in difficult, unpredictable issues. Issues they thought were taken care of that keep coming back. Issues concerning vision, strategy, culture or handling difficult situations or difficult, sensitive people.

There is too much to do and too little time to do it. They receive too little information, yet have to make big decisions. Tops feel a heavy responsibility for the way things are working (or not working!). So many people’s fate rests in their hands.

Tops look to Middles for support, but feel they don’t get the support they need. They feel the Middles are too dependent and not entrepreneurial enough. Tops feel isolated.

To build a relationship with a Top, try to reduce the complexity of their world, not increase it. Consider if you can offer to share some of the pressure of accountability.

The world of ‘Bottoms’

With ‘Bottoms’, we are dealing with people who are sometimes struggling to survive in a world of invisibility and vulnerability. They see higher-ups doing things to them. They reorganise. They decide who has to work late. They decide on bonuses and impose new initiatives.

Bottoms see things that are wrong with their situation and with the firm that higher-ups should be fixing but aren’t. Bottoms experience being overlooked and ignored. They don’t have the big picture so can’t commit to it. They don’t see how their jobs contribute to the whole. They don’t get feedback on their work.

Bottoms feel Middles add little value. Middles seem uninformed. They may be well-meaning, but they are powerless and inconsistent. Much of the focus of Bottoms is on ‘them’ (ie higher-ups). Bottoms are frustrated, angry, resentful and disappointed with ‘them’. So they collaborate with other Bottoms and collude against Middles and Tops.

If we can appreciate this world of Bottoms, perhaps we can find better ways of gaining their involvement. And can we position our initiatives in such a way as to reduce their vulnerability?

The world of ‘Middles’

When interacting with Middles, we are dealing with people who are sometimes struggling in a tearing world. You might be surprised to know that many junior partners relate to this position. They are pulled between you and others. People ask them for information that they don’t have, requiring them to seek it from others. They are asked to make decisions they cannot make without consulting others. They try to please Tops and Bottoms, but often feel they satisfy neither. They experience ‘simple’ requests from you as complex tearing between you and others.

Middles are loners in the system – not connected with Tops or Bottoms and not really connected with each other. They are often seen by others as confused and wishy-washy; as if they have no opinions of their own. Some Middles seek an identity by aligning with Tops, thereby alienating themselves with Bottoms. Others align with Bottoms and are perceived by Tops as insufficiently managerial.

How can we acknowledge this tearing, rather than poking fun at it? In what ways can we support Middles whilst getting what we need? How can we reduce this tearing rather than increase it?

The world of Customers

While we’re grappling with all that internal ‘stuff’, what’s happening with our Customers?

When interacting with Customers, we are dealing with people who are sometimes struggling in a world of neglect. They are wondering if they are getting the attention they deserve; whether they will get that call returned or billed the amount they are expecting.

All too often Customers feel ignored, frustrated, angry and powerless. Promises are made and promises are broken. Overruns. Excuses. The system seems focused more on itself rather than on them. Sometimes Customers lower their standards or use panels of suppliers to ensure there is a pressure on each of them to perform. How can we decrease the Customer’s experience of neglect rather than increase it?

What to do about the failings of the system?

Step 1 is recognise the inherent truth about the failings of the system. Then we have to stop blaming the others and recognise that each of us has a responsibility to think and behave differently. We can choose to be a victim of the system or we can choose to see the bigger picture.

As a Top, instead of sucking up responsibility to yourself and away from others, your challenge is to get others to take responsibility. Consider asking yourself, ‘Why am I making this important decision?’

As a Bottom, instead of holding them responsible for your condition, your challenge is to take responsibility for your own fate and for the fate of the system. Ask yourself ‘Why do I tie my fate to ‘them’?’

As a Middle, instead of losing yourself in the service of others, your challenge is to maintain your independence of thought and action. Ask yourself, ‘Why am I so focused on what others need and want?’

When we are in the role of Customer, make the effort to get involved with your supplier. The outcome will be more productive than handing over total responsibility to them. How many times have you been disappointed with what you have received?

And with your Customers, encourage them to engage with you. Ask them for a response. Ask them how can you do a better job for them at intermediate points, not just at the end. That will enable you to do a better job for them and hence build your work with them.

For more on this subject, read Seeing Systems – Unlocking the Mysteries of Organisational Life, by Barry Oshry

Contact Tony Reiss


a