“The average consumer and not just the early adopters, are now more than ever, willing to swap out tradition, and the ‘way it’s always been done’ for innovation,” she told Lawyers Weekly.

“Being in a state of constant learning and change instead of a fixed and static state, is not a bad thing. The post pandemic world is far from static and so why should we?”

Speaking ahead of her appearance at the 2021 Boutique Law Summit, Ms Kish – whose firm, Balance, won Boutique Law Firm of the Year at the 2020 Australian Law Awards – said that, once the age of coronavirus is behind us, savvy boutique law firms will continue to build on their response and adaptation to the new normal.

“Being small and agile, boutiques were mostly better able to tune in to what consumers needed and wanted, on a much more personal level to their larger counterparts, and adapt accordingly. Boutiques can move swiftly, make decisions more quickly and implement changes faster,” she argued.

“Beyond the pandemic, smart boutique practices should continue to keep an ear to the ground and continue to drive change, going ‘beyond the pivot’ to practice dynamically.

“You could say that boutiques have been the champions of the pivot, earning them street cred and respect. They’re well positioned to legitimately challenge and disrupt, and create a platform from which to create more impact and change.”

The importance of such approaches

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Prior to COVID-19, change wasn’t something that was forced upon legal practitioners in the ways it has been since the onset of the pandemic, Ms Kish mused.

“We had more time to consider, think about and reflect on any risks or problems that may follow any changes, before we implemented them. However, before we knew it, perfectionism and procrastination crept in and that ‘to-do list’ never fully converted to a ‘done list’,” she said.

“To keep up the mid-pandemic momentum, we first need to cultivate the good things that come from ‘crisis mode’. Why does the frying pan need to get so hot before we act in a purposeful way? To keep the momentum and to stay relevant, we should be seeking inspiration and also view challenges as an opportunity for growth and creativity.”

Part of this creative mindset can involve, Ms Kish suggested, appreciating the unique ability of boutique practices to “act, fail, learn and then restart” with improvements in ways that cannot be modelled by larger firms.

“This is an opportunity that many smaller firms may miss, perhaps because they may follow the playbook of the traditional practice which is risk-averse, catastrophise failure, and takes the view that ‘things are the way they should be’ thereby resisting purposeful change,” Ms Kish explained.

“I like to think of it this way: the boutique firm is a small structure of blocks. The blocks can be shaped in any way we like. We can build it, quickly, and in any shape we like. If the blocks are knocked over, we can rebuild them, again quickly and by paying attention to what didn’t work the first time, we can create a more sustainable structure that is able to adapt to changing environments.

“Larger and more traditional smaller firms and structures – can also collapse quickly but take a long time to rebuild, not only because of all the parts and necessary structures, but because of the fixed world view or mindset that firm may adopt.”

Other firms must take this leap

When asked what she would say to advise boutique firms that are scared to take such steps as the post-pandemic world approaches, Ms Kish said that business owners have to rethink their attitudes towards failure, because such missteps are an opportunity for growth and learning.

“At Balance, we have a joke that we have to stuff up the first time to ultimately blitz it. I am sure we still have a few projects, mid-failure, but we are comfortable with that now, as we can adapt quickly, make changes and have good understanding around why things haven’t worked and aren’t working as well as hoped,” she reflected.

“Failing is a like filter and the boutique firm can go through that filter, multiple times before the desired outcome is reached. If you submit to the filter, you will learn more about yourself and will be compelled to let go of things that hold you back.”

Of course, failing can be expensive, Ms Kish ceded, if one doesn’t quickly learn from one’s mistakes.

“Budget accordingly – don’t invest in something that needs a bit of testing first. We are building a computer platform but it would be foolish to build the entire thing in one go. We will build it in small stages, test it and tweak as needed,” she suggested.

“There is much emphasis on acting swiftly and it’s important not to forgo temperance completely. Patience and being able to prioritise are the keys to sustainability. Do not get swept up in being the first to do something or out-performing your peers.”

Ultimately, Ms Kish proclaimed, boutique law firms have to be loyal to their underlying mission.

“With rapid change and growth, authenticity can be lost and values compromised. Boutiques must ensure their message, brand and purpose are at the forefront of every new project to remain focused and on a sustainable path,” she concluded.

“The most important foundational work is creating a business where values and actions align.”

Are you looking to launch your own practice but not sure where to start? Lawyers Weekly’s Boutique Law Summit returns to Sydney this month, designed for individuals who are looking to maximise their competitive edge in a post-pandemic marketplace. The event will be held on Friday, 26 March at the Four Seasons Hotel with a full agenda available to view here. To learn more about the event, click here.