Legal Operations as the Jester

Prithee, be a witty fool…

Here’s the thing – professionals (be it lawyers, doctors, CEO’s  - the list is almost endless) need to be credible, knowledgeable and trustworthy.

It’s not surprising; these are good, dependable qualities, essential for businesses to not just succeed, but to thrive.  People (and the corporations they are part of) need to know they’re in “safe hands”, and in a professional role we become quickly acclimatised to portraying the wise, unflappable advisor to those corporations – or the clients, customers, or colleagues we serve at any given moment. 

The problem is that when you get a certain number of those safe hands around the table, you can find that there is no room for teaching, or error, or curiosity.  There’s probably a mathematical formula to demonstrate that once you add one too many of these professionals – no matter the discipline, no matter the objective – you will lose all space for creative misjudgement and the inspiration that comes with it.  To trip, is to fall; to fall is to fail and to fail is to sacrifice your place at this particular table.  Fail hard enough, and you might find the doors to those boardrooms remain firmly shut and your voice is no longer heard.

And you do want to be heard.  More than that, you want to be listened to – but not at the cost of true discovery.  Mistakes, accidents, trial and error are the heartbeat and the rhythm of Legal Operations.  If you stop asking “what if…” you will stop trying new things; when you stop trying new things, you never discover anything new, because you’re not looking.  

So, you need to be at the table, to be part of the conversation…. But you also need the space to be foolish.

Now, I accept that it is a very human reaction to want to avoid being seen as foolish; wisdom, and being considered wise, is in the best interests of every community, and businesses are communities.  However, there is a huge value for the business in resisting the temptation of ego, in recognising the unasked question, being foolish and allowing that foolishness to be the driver for wisdom.

Shakespeare – and Elizabethan drama – uses the convention that the fool is the most insightful and intelligent player on the stage – “Jesters do oft prove prophets” (King Lear).  They enjoy Jester’s privilege - the licence to speak truth with few, if any, repercussions - and share many insightful commentaries on the action, the other players, and the expected outcome.  Using singing, dancing and joking to distract and alleviate tension, they are free to move in between all scenes and even exist both centrally and externally to the drama, play or stage itself.

Outside from the fictional characterisation, they were held to be faithful servants to their master, and sometimes that required playing the entertainer.   Often, between these performances, the fool had other duties to perform in supporting the household, travelling to market, or being the keeper of the hounds.  The infamous Perkeo of Heidelberg - Jester and cupbearer - was in charge of the castle’s wine stocks (and was known for his catch phrase “Why not?”). Being the personal Jester of a king or nobleman might see the Jester on the battlefield, carrying messages between leaders in the conflict.  They were also often the torchbearers of morale, boosting the army’s positivity in the face of battle.  The roles of the Jester are varied, a jack of all trades indeed! 

Here's where Legal Operations thrives, as the corporate Jester moving between many (if not all) functions of the business and even existing both inside and outside of those functions.   Legal Operations professionals are in the unique position of being occupationally silly; it is mandatory that we are foolish, unknowledgeable, surprised, curious, and questioning, always asking “why not?”.   We have to dance from one discipline to another (finance, IT, analytics) prophesising the next challenge, requirement or need.   We need to sing, sometimes ballads of epic journeys from inception through implementation to adoption, occasionally odes to the magnificent beauty of a legal tech solutions, often dirges lamenting the passing of the old ways and heralding upcoming changes.  And, not only for our own sanity but also for those fighting the battles around us, we need to retain our good humour, innocence and resilience.

So, my advice to all Legal Operations professionals is this – check your ego at the door; be the idiot in the room; ask the stupid question.  The business will benefit hugely, you will be a better person (in my estimation, at the very least) and whilst your colleagues might wonder how you can get away with speaking so freely, they will surely feel more comfortable admitting their collective foolishness.  After all, they’re still smarter than the Jester.

Sarah Owens

Legal Operations Lead

Barratt Homes