How behavioural science can transform the practice of law
Nitish Upadhyaya, who is both a lawyer and a behavioural scientist, argues innovation in the legal profession is not possible without integrating a deeper, research-led understanding of human behaviour. He talked to Meridian West’s Ben Kent.
How behavioural science can transform the practice of law
Nitish Upadhyaya, who is both a lawyer and a behavioural scientist, argues innovation in the legal profession is not possible without integrating a deeper, research-led understanding of human behaviour. He talked to Meridian West’s Ben Kent.
Lawyers excel at advising clients to navigate complex regulations and in drafting policies, procedures, and contracts, but they’re not trained to appreciate the outcome their work is ultimately aimed at affecting - human behaviour itself.
Yet, understanding the behavioural component – for example, why individuals follow rules or how norms engender cooperation – is what ultimately helps organisations achieve their aims.
Nitish Upadhyaya is part of R&G Insights Lab at Ropes and Gray, a multidisciplinary team of experts with expertise ranging from cultural psychology and compliance to journalism and data visualisation.
They identify human centred design – seeking a deep understanding of the people you are designing for when developing solutions – as well as data-driven insights, as the foundation of effective innovation. Running through this is a deep appreciation of the importance of culture and context.
Nitish began his career in financial services litigation, travelling the globe to investigate bankers suspected of insider dealing and market manipulation. It was in this role that his interest in human behaviour was first piqued. From a legal perspective, the path to remediation was clear – establish procedures to mitigate future misconduct.
However, he soon identified that “the human element was not being talked about by anyone, despite being fundamental to the design and implementation of new processes”. With these insights in mind, Nitish transitioned to a role within his firm leading an innovation team that put users at the heart of product design which only served to reinforce this principle.
Now, as director of behavioural insights at the Lab, Nitish’s work focuses on investigating and promoting the power of this previously neglected human behaviour component.
“Lawyers excel at advising clients to navigate complex regulations and in drafting policies, procedures, and contracts, but they’re not trained to appreciate the outcome their work is ultimately aimed at affecting - human behaviour itself.”
“Lawyers excel at advising clients to navigate complex regulations and in drafting policies, procedures, and contracts, but they’re not trained to appreciate the outcome their work is ultimately aimed at affecting - human behaviour itself.”
Recent research has revealed the huge influence of social norms in organisations, and how they are far more likely to drive compliance compared with procedure alone – these are the insights now being reflected in the work the Lab is doing with clients across a range of arenas including compliance and diversity, equity and inclusion.
Nitish, in fact, sees user-centred design and behavioural insights as improving the practice of law more widely, transforming traditional work, like due diligence, into more relevant, engaging, and useful pieces of content. “Do you really want a 150-page memo,” he asked. “Or do you want something that’s designed to promote understanding and engagement, helping a general counsel visualise risks and to prompt action?’
Looking ahead, he expects a landscape in which lawyers possess an evolved skillset and a changed mindset. Emerging technologies such as machine learning, are already reducing a lawyer’s administrative load, giving them more bandwidth to understand clients on a human level.
Harnessing insights emerging from behavioural science and leaning on a team of experts like the Insights Lab will give lawyers an opportunity to take a more scientific approach to their work, “to go on a journey with a client to find out what the answer is’ he explained. “And to accept that we can experiment, and test things to find an evidence-led strategy to move forward”.
With a greater knowledge of the human component of organisations, lawyers can be confident in delivering work that will transform not only procedure, but human behaviour, too.