Guest post by Pearl Moses, a dual-qualified barrister and solicitor, and director – head of regulatory compliance at Setfords Law
Moses: Where people feel safe to speak, errors are identified earlier
Mistakes in legal practice are inevitable. Law is complex, pressured and deeply human. What truly differentiates well-run firms from those that stumble is not whether mistakes occur, but how they are handled when they do.
In my new book, Owning Up to Mistakes [1], I explore a truth that many lawyers recognise instinctively but rarely articulate openly: the greatest risk to firms is not the initial error, but the culture that surrounds it.
Cultures that punish, shame, or silence people after mistakes do not prevent future harm. They often make it worse.
The silence problem
Most serious regulatory issues do not begin with a single catastrophic event. They begin quietly: a missed deadline, an uncomfortable conversation avoided, a junior lawyer unsure whether to raise a concern, or a supervisor who does not feel safe admitting uncertainty.
In psychologically unsafe environments, people learn very quickly what not to say.
When fear enters the system, reporting slows down. Issues escalate underground. Small problems become large ones precisely because no one felt able to speak up early.
This is not about bad people or poor intentions. It is about signals. Every organisation sends signals – through tone, reactions, and behaviour – about what is acceptable and what is dangerous to admit.
Psychological safety is not about being ‘soft’
Psychological safety is often misunderstood in professional services. It is not about lowering standards, avoiding accountability or excusing poor performance. In fact, the opposite is true.
Psychological safety means people can raise concerns, admit mistakes and ask questions without fear of humiliation or disproportionate punishment. High standards and psychological safety are not competing values; they are mutually reinforcing.
Where people feel safe to speak, errors are identified earlier, learning happens faster and accountability becomes meaningful rather than performative.
Regulators increasingly expect firms to demonstrate learning, reflection and improvement – not just compliance on paper. A culture that suppresses error reporting struggles to evidence any of these convincingly.
What happens after a mistake is the moment that matters
The most important cultural moment in any firm is not the mistake itself but the response that follows.
Leaders often underestimate how closely these moments are watched. When someone raises an issue, others are silently asking: “Is it safe to do this here?” The answer will shape future behaviour far more than any policy or training session.
A defensive, blame-focused response teaches people to protect themselves. A calm, curious response teaches people to protect the organisation.
This does not mean there should be no consequences. It means consequences should be proportionate, fair and rooted in learning, rather than fear.
Practical steps for building safer cultures around mistakes
Building psychological safety is not a one-off initiative. It is the cumulative effect of daily behaviours, particularly from those with power. Some practical starting points include:
- Separate learning from blame.
When something goes wrong, ask first: “What happened? What made sense to the person at the time? What can we learn?” Accountability can follow learning – but learning must come first. - Model vulnerability at senior level.
When leaders acknowledge their own mistakes or uncertainties, it gives others permission to do the same. Silence at the top breeds silence below. - Pay attention to micro-responses.
Eye-rolling, sharp emails or dismissive comments after an issue is raised can undo months of trust‑building. Psychological safety lives in small moments. - Make reporting easy and human.
If your reporting mechanisms feel legalistic, punitive or opaque, people will avoid them. Encourage early conversations, not just formal escalation. - Close the loop.
Nothing undermines speaking up faster than raising a concern and hearing nothing back. Even when outcomes are complex, communication matters.
Reducing risk by increasing trust
Ironically, firms most afraid of mistakes often create the conditions in which risk flourishes. Fear does not prevent error; it delays disclosure. Trust does not eliminate mistakes; it shortens their lifespan.
A culture that responds well to mistakes is not one that tolerates poor practice. It is one that understands that learning is a risk control, not a weakness.
In an increasingly complex regulatory and professional landscape, firms that invest in psychological safety are not indulging a trend. They are making a strategic decision to surface risk earlier, respond more effectively, and build resilience into their organisations.
The question for firms is not whether mistakes will happen. It is whether people will feel able to speak when they do.
And that depends entirely on what happens next.
Pearl Moses is the author of Owning Up to Mistakes [1], which examines accountability, culture and psychological safety in legal practice.