What can lawyers learn from the Checklist Manifesto, by Atul Gawande?

I should confess something upfront: this is the first book I've read cover to cover in quite some time.  I find myself glued to devices much more than I would like to be, and after a busy day I tend to attractively ‘flop’ onto the sofa, instead of reading.  Maybe it’s because I have read enough by that time of day!

So I set myself a task of reading more books in 2025.  In fact, I decided that it would be cute to read 25 books in 2025.  I concluded that paper books and books on audible would count towards the 25, but that books on Kindle would not by virtue of the fact that I would be reading them on a device which defeated the original goal.  Last week though, a friend from University sent me the gift of a book on Kindle.  It is written by one of our mutual friends from University, and I can’t say no to reading that. My Kindle rule has had to change, and the gifted book is firmly now on the list.

I selected The Checklist Manifesto by Atul Gawande as my first book.  It’s been sitting on my shelf for at least 3 years, and I write checklists for property lawyers as part of my job.  I tell anyone who will listen about my interesting checklists, and that they exist because I  “reverse engineered” all the compliance, fraud and operational elements for property lawyers on every file, every time. I am the self-appointed Queen of using Checklists, and I knew that I was going to enjoy a whole book about them.

What struck me first was how enjoyable the reading experience was – even a book on checklists!  I didn’t skip sections – and although I did read the last page first (which I have been doing since I learned to read), I enjoyed the writing. It has a compelling narrative that draws you in through interesting case studies and is well written. You might find yourself quoting sections to colleagues as you try to persuade them that checklists are a great idea for your teams.  I highlighted sections.

I found myself stealing moments throughout my day to read another chapter (well, it’s work, right?) and laughing about how similar lawyers and doctors are in their attitude to change, and their certainty that they don’t need the help a checklist can provide.  (Gawande is a surgeon).

Here’s the “TLDR” summary, which is deceptively simple.  We live in a world where data and information is thrown at us constantly.  It’s a lot, and that’s only getting worse.  Against that background, even experts make mistakes when they rely solely on memory.  Clients, third parties, regulations, constant communications, time pressures – they all add up, and our brains are not designed to cope with the many tabs that we all have open.  Mistakes get made.

Pause to consider -  aren’t you delighted that surgeons and pilots use checklists to overcome human cognitive limitations? And if they can use them, couldn’t and shouldn’t lawyers use them?

Another interesting insight from Gawande is his evidence that checklists improve team communication, because they ensure that everyone understands their responsibilities and critical information is shared. What’s not to love about checklists?!

If you still don’t believe me, let Atul Gawande persuade you.  If you are short on time (who isn’t) take my word for how great the humble checklist is, and perhaps join me in reading The Coming Wave by Mustafa Suleyman this month.  It was recommended to me (and a few million other people) by Bill Gates.  Can’t wait.