By Chiara Lamacchia.
To sue or not to sue? This is the problem. When deciding on what to do, it is not shocking that speaking to different lawyers will lead you to different answers: there might be as many solutions as the number of lawyers you speak with.
I cherish and appreciate it whenever I am asking for a bit of advice on what to decide. I distrust those who always have a ‘yes or no’ answer for everything. It is annoying to receive the ‘it depends’ card in life because often we are looking for a clear, certain answer, which leaves no room for doubt. Unfortunately, a straight answer would unconsciously ignore the complexity of a given topic. When taking decisions, there is the bad habit of applying solutions that have proved prodigious for others.
This is widespread in any sector.
In business, even in large companies, there is the tendency of applying what has been successful elsewhere. A shameful example of this is the whole global logo redesign trend [1] which the vast majority of companies have fallen victim to, becoming part of that great club of non-distinctive brands and a homogeneous heap of sleek sans-serifs. "Should we rebrand, simplify our logo and preferably opt for small caps?”
In life, there is the same bad habit: looking at what others have done to measure their lives and make decisions with a high risk of being frustrated and disappointed. "Should I quit my job to become a digital nomad?" "Should I get married and start a family?" "Should I buy a house or a car?”
Even in politics, there is the same strange habit of proposing solutions or comparing countries that have nothing to do with each other in terms of artistic and cultural heritage, as well as mentality and problems. By changing the addends, the result will change. You cannot expect the same result.
I am a big supporter of the fact that ‘it depends’ is the only possible answer to everything. However, as this is possibly the most hated answer, I would like to shed some light on the reasons why I do welcome it as an answer, with a particular connection to decision-making.
! A preliminary note. The statement ‘it depends’ is by nature incomplete. It must be a justified answer and not just vague woolly thinking: this is just an introduction to a more detailed response. It must be followed by issuing a detailed opinion, statement or argument. The natural question after an ‘it depends’ would be ‘on what / on whom?’ and specifics on the whys and wherefores. In absence of any qualifier, ‘it depends’ is just a frivolous answer, an empty statement that is merely addressing the obvious fact that there are cases where we can have different outcomes.
Better decision-making for better decision-taking.
We take thousands of decisions every day, some of which we don’t even notice. Decisions change inevitably the course of our life. Decisions make or break a project or even an entire business. Be it in business or our personal life, a decision might fail because we ignored or missed key factors. We tend to be very quick in fully understanding the situation and not looking beyond the obvious. In every decision that we are about to take, there are several interrelated factors to consider.
‘It depends’ is a sort of creative thinking approach that allows you to improve the quality of decision-making and boost your chances of successful outcomes.
1. “It depends” asks for further details.
‘It depends’ underlines the lack of necessary details to provide an accurate answer. It implies that the answer to a question could vary based depending on some pre-conditions or circumstances, in the absence of which the answer would just be a guessing game. This would mean that the scope of the question must be detailed to give a meaningful answer.
Of course, our mind works on shortcuts, the so-called heuristics [2]: if we have to reason on every possible scenario for every decision we make, we would lose too much time. Most of the time, we need to make decisions quickly and this is where our shortcuts come into our hands. However, these are the same that can stab us in the back leading to poor decision-making.
‘It depends’ initiates the process of analysis – and great decisions are most of the time based on great analysis.
2. “It depends” recognises that everything works in shades of grey.
In legal studies, we are often said that ‘it depends’ is the best answer a lawyer can give to a client in any situation. This surely makes the conversation longer, and we know lawyers are paid by the hour. Jokes aside, the law works in shades of grey. The answer to any legal question depends on a combination of factors: from facts & evidence to the lawyer & its client and of course the judge (& the jurors, when applicable). With all these variables, it is obvious that a simple legal question can be turned into a never-ending showcase of possibilities.
The same applies to decision-making in business and life in general: everything works in shades of grey. To answer a question and take a decision we need to consider all the elements.
‘It depends’ puts on the table these variables and the importance to analyse them to move forward.
3. “It depends” recognises that positions might vary and differ.
Reality is complex and made of many clashes of ideas. An unequivocal view is fairly impossible in the world we live in. It cannot be either yes or no, it is or it is not, black or white. To insist that there is only one answer is not factual. ‘It depends’ is a deeper-than-average consideration of the complexity and abstruseness of our reality. It implies that a single-perspective question fails to address the possibility of multiple outcomes.
Many do not welcome an 'it depends' approach because it created ambiguity. When asking a question, people seak clarity, and an answer that insinuates more doubts than clarity is perceived as an enemy. However, this is the perfect excuse for discovering and clarifying the ambiguities which are already there.
‘It depends’ is de facto a catalyst of competent replies.
4. “It depends” preserves your right to be wrong (if any new element would appear)
Have you ever read a book at different stages of your life? Due to certain circumstances and surroundings, you are likely to arrive at a different understanding of the same book. Context matters. Everything depends on something. Your point of view is related to your given position and your value system is specific to your current context. Statements are based on a certain situation. Within a specific context, a statement may be absolutely true but viewed in a different context or with a different point of view the same statement may be disputable or even false.
We should acknowledge that our behaviour is context-sensitive. Will you cheat? Will you steal? Will you kill someone? We like to think our opinions and values are solemnly solid bastions which define who we are, our essence. However, opinions and values exist only within a context, in a given time. You form your opinion, but this is trumped by new occurring situations and elements. Therefore, when answering a straight ‘yes or no’, the risk is you are basing your answer on incomplete criteria as you did not consider all dependencies.
‘It depends’ takes into account the existence of different contexts. As they say … “never say never”.
5. “It depends” promotes confrontation and dialogue.
Some are arguing that ‘it depends’ is a non-confrontational answer, a sort of an easy way out. I don’t agree: it is a very much confrontational answer and by far not the quickest way out. It might project a sense of non-commitment, nonetheless by not committing to a certain position, you are opening the door to more dialogue and arguments.
It is a valuable and contributory answer to any discussion to expand the conversation into new territory. Playing the ‘it depends’ card in a conversation will allow attempting in including more facts and pieces of information that otherwise would not be taken into consideration.
‘It depends’ encourages discussions – this will enrich the decision-making, above all in terms of preparedness.
Final thoughts
As much as we all would love to give & receive a definite answer to all of the questions, the truthful and answer is – it depends. When a lawyer, a consultant or a friend tells you this, that means that they are striving to consider all of the circumstances to provide you with a better answer.
‘It depends’ is a statement implying that further details are needed. It acknowledges the complexity of our realities and the fact that rarely things can be black on white. This brings complexity into the conversation enriching the debate and the analysis. Ultimately, this can contribute powerfully to a stronger decision that would result in more successful or secure outcomes.
Notes
[1] Sienkiewicz, Radek. Why do so many brands change their logos and look like everyone else?. Velvet Shark. Available on https://velvetshark.com/articles/why-do-brands-change-their-logos-and-look-like-everyone-else
[2] Kahneman, Daniel (2011). Thinking, Fast and Slow. Anchor.
About the Author
Chiara Lamacchia is a consultant in legal, marketing & legal forecasting, working in corporate strategy for global organisations across different sectors, after an LL.M. from Bocconi University (Milan, Italy) and an MSc in Marketing from Edinburgh Napier University (UK). Chiara is the Founder of lawrketing.com and withoutconsulting.com, promoting the adoption of ground-breaking ways of using the law for innovation and competitive advantage.
Besides, among other things, she authored and published the book "Lawrketing – What Business Never Realised About Law", introducing a new concept, lawrketing, combining law, business, marketing and innovation.
Connect with Chiara on linkedin.com/in/chiaralamacchia
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