Skip to content
Law Society of Scotland
Search
Find a Solicitor
Contact us
About us
Sign in
Search
Find a Solicitor
Contact us
About us
Sign in
  • For members

    • For members

    • CPD & Training

    • Membership and fees

    • Rules and guidance

    • Regulation and compliance

    • Journal

    • Business support

    • Career growth

    • Member benefits

    • Professional support

    • Lawscot Wellbeing

    • Lawscot Sustainability

  • News and events

    • News and events

    • Law Society news

    • Blogs & opinions

    • CPD & Training

    • Events

  • Qualifying and education

    • Qualifying and education

    • Qualifying as a Scottish solicitor

    • Career support and advice

    • Our work with schools

    • Lawscot Foundation

    • Funding your education

    • Social mobility

  • Research and policy

    • Research and policy

    • Research

    • Influencing the law and policy

    • Equality and diversity

    • Our international work

    • Legal Services Review

    • Meet the Policy team

  • For the public

    • For the public

    • What solicitors can do for you

    • Making a complaint

    • Client protection

    • Find a Solicitor

    • Frequently asked questions

    • Your Scottish solicitor

  • About us

    • About us

    • Contact us

    • Who we are

    • Our strategy, reports and plans

    • Help and advice

    • Our standards

    • Work with us

    • Our logo and branding

    • Equality and diversity

  1. Home
  2. For members
  3. Journal Archive
  4. Issues
  5. December 2020
  6. The Word of Gold: Works of friction

The Word of Gold: Works of friction

Dissent is the lifeblood of all great businesses – but blow up too many bridges, and nobody gets anywhere
14th December 2020 | Stephen Gold

A balding, middle-aged man walks away from 10 Downing Street carrying a cardboard box full of his personal possessions. Critics note that there is no plant pot, which they take as symbolic of a harsh, uncaring personality. Thus ends the reign of Dominic Cummings, the Prime Minister’s former special adviser. The man who predicted a “hard rain” would fall on the civil service has been washed away. In his wake, there is much talk of “reset”, a move to a less confrontational style, infused with goodwill, respect and positivity. The message is clear: harmony good, conflict bad.

But hold on. Is it not the grit in the oyster that makes the pearl? Law firms are full of smart people with strong opinions. It’s not only futile, but damaging to expect them to be places of sunlit harmony. Successful businesses, especially those whose chief asset is their intellectual capital, make no attempt to avoid conflict. There is a big difference between common purpose and grey conformity. Examples are legion of riches to rags companies where challenge to the leadership has been strongly discouraged. As I write, the Arcadia Group, led by Sir Philip Green, described as “an analogue man in a digital age”, is on the point of collapse. An emperor whose life’s work was selling clothes has been found to have none, but it seems nobody could tell him.

The myth of collegiality

Whenever I ask client firms to describe themselves, “collegiate” often appears high up the list. True esprit de corps is a huge asset, but it’s always worth questioning whether what you see is the real thing. Collegiality is often a euphemism for tolerance of mediocrity, aversion to necessary confrontation, and settling for same-old, same-old. Do colleagues truly put the firm before self-interest? Do they think of clients as belonging to them or the firm? When did they last refer you a client, or take an interest in your practice area?

Conflict can be a powerful force for good. Dissent shakes our assumptions, and forces us to consider how to do things better. Steve Jobs, a truly great innovator, was notorious for being endlessly demanding, always questioning, never satisfied. But he strongly encouraged challenge, and the constant ebb and flow of ideas. Untroubled by COVID-19, he banned his staff from working from home, which he believed stopped creative collaboration in its tracks. The best businesses have a culture in which everyone is encouraged to speak their mind, and argue passionately for what they believe.

Rules of dissent

But there are rules. The most important is that whatever we argue for must be from the perspective of what is best for the business as a whole. Where dissent is motivated primarily by personal or sectional interest, at best it is a time and energy-sapping diversion; at worst, utterly destructive.

It matters, too, how we express dissent. Doing so with respect has become more difficult. On social media, in business, and in our personal lives, points of view are expressed in language that seems designed to generate more heat than light. In the face of bullying or emotive language, it is all too easy to abandon the field in favour of a quiet, if unhappy life. Words as well as actions have consequences. Just how much the performance of Home Office staff has improved as a result of being described by their current boss as “f***ing useless” is unclear.

Culture war or beneficial divergence?

We are encouraged to see those with whom we disagree as “the enemy”, and society as being embroiled in a culture war. Hardly a day goes by without people being cancelled, no-platformed, gaslighted or fired because of non-conforming views. As Trevor Phillips put it in The Times on 30 November, “Instead of encouraging diversity, our elites are becoming the enthusiastic enforcers of a Stalinist conformity.” In business, intolerance of difference is toxic. It creates factions, destroys trust and uses up precious energy in destructive battles for dominance.

A healthy culture starts at the top. A leader’s task is to articulate values and set ground rules. In truly collegiate firms, argument over what is best for the business and how it can be improved is not just a choice, but an obligation. So too is mutual respect, thoughtful language, an understanding of nuance, and willingness to accept that even where there is disagreement on an issue, there may be points of agreement that can be used to build consensus. So though it may sometimes be uncomfortable, embrace dissent, and all the good it brings. As the American humourist Kin Hubbard put it, “The fellow who agrees with everything you say is either a fool, or he’s getting ready to skin you.”

The Author

Stephen Gold was the founder and senior partner of Golds, a multi-award-winning law firm which grew from a sole practice to become a UK leader in its sectors. He is now a consultant, non-exec and trusted adviser to leading firms nationwide and internationally. e: stephen@stephengold.co.uk; t: 0044 7968 484232; w: www.stephengold.co.uk; Twitter: @thewordofgold

Share this article
Add To Favorites
https://lawware.co.uk/

Regulars

  • People on the move: December 2020
  • Reading for pleasure: December 2020
  • Book reviews: December 2020

Perspectives

  • Opinion: Emma Jardine
  • President's column: December 2020
  • Editorial: December 2020
  • Viewpoints: December 2020
  • Profile: Fiona Robb

Features

  • Homeworking: a journey
  • The Hague Convention: a 40-year evolution
  • Signed away? Privatisation and human rights
  • Intervening for equality

Briefings

  • Jury still out on verdicts
  • Corporate: My turn(over) or yours? Or theirs…
  • Intellectual property: Key role against climate change
  • Agriculture: A right less exercised
  • Sport: Widening the contract safety net
  • Property: Only "part of" the story
  • Property: Barony Register in new hands
  • In-house: Use your experience

In practice

  • Your Law Society of Scotland Council members
  • The Word of Gold: Works of friction
  • Risk: Conveyancing in the COVID era and beyond
  • The Eternal Optimist: Taking on the inner critic
  • Ask Ash: A friend in need

Online exclusive

  • Charities and the Equality Act
  • Online pricing: the CMA is watching
  • Insolvency: HMRC moves up the rankings
  • Brexit and family law: where are we now?
  • Brexit, Schrems II and international data transfers

In this issue

  • Now we are... 25!
  • Cybersecurity in a year of crisis
  • Can your client experience become a Toy Story?
  • Potential tax changes mean it’s time to talk succession
  • Is financial stress impacting your work?
  • Cloud technologies enable better client service

Recent Issues

Dec 2023
Nov 2023
Oct 2023
Sept 2023
Search the archive

Additional

Law Society of Scotland
Atria One, 144 Morrison Street
Edinburgh
EH3 8EX
If you’re looking for a solicitor, visit FindaSolicitor.scot
T: +44(0) 131 226 7411
E: lawscot@lawscot.org.uk
About us
  • Contact us
  • Who we are
  • Strategy reports plans
  • Help and advice
  • Our standards
  • Work with us
Useful links
  • Find a Solicitor
  • Sign in
  • CPD & Training
  • Rules and guidance
  • Website terms and conditions
Law Society of Scotland | © 2025
Made by Gecko Agency Limited