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Betsy A. Miller, BOTH: The Legal Profession's Struggle to Leverage Stability and Change, 28 Harv. Negot. L. Rev. 65 (2022).


Abstract: This article proposes the framework of Polarity Thinking to build the legal profession’s capacity for seeing and utilizing the power of interdependent opposites, particularly Stability and Change. The polarities model was developed by Barry Johnson, PhD. Part One explores the inherent tension between Stability and Change, identifying the failure to foster Change as a root cause of suffering in the legal profession. Part Two explains the Polarity Thinking framework, the relationship between the benefits and overuses of polarities, and key distinctions that separate polarities (which can be navigated but never resolved) from problems and dilemmas (which involve answers and choices). Part Three examines the connection between the legal profession’s overuse of Stability and its resistance to Change. Using the polarities framework, this section identifies three challenges facing the legal profession today; (A) a deepening generational divide that increasingly strains our professional culture, (B) the pervasive experience of burnout across all levels of seniority, and (C) an ongoing deficit of diversity. The article examines each through the lens of the Stability and Change polarity. Part Four reflects on the author’s own experience with Stability and Change in law firm governance and offers a path forward.