Legal Mosaic Essays on Legal Delivery

More documents

Recommendations

Info

<strong>Legal</strong> <strong>Mosaic</strong>: <strong>Essays</strong> on <strong>Legal</strong> Delivery ways. The first involved going up to a stranger and saying that I would pay them $20 if they would take 5 minutes to listen to a story and relate its message back to me. I would present the case for the first 3 minutes; the next 2 minutes were spent listening to the stranger provide a take on what I had told them. If they understood the story, I was ready for trial. Almost. That brings up the second part of the final preparation. I would open each trial with the same line, substituting one word at its end. I would say: “This is a case about (one word; fill in the blank). I recited this sentence to begin opening and closing statements. In those instances when I was permitted to poll the jury, they almost unanimously said they had focused on that one word (greed, opportunity, competition, etc.) to frame the case. It’s not that the cases were simple—most of them were highly complex—but I knew that if I drilled them down to the essence for the trier of fact and framed things in my self-selected simple term, I had a big advantage. To analogize to the IBM contract modification, it was easier to “get to yes” by simplifying things and sticking to what was relevant and material. Keeping Things Simple Is it hubris that prevents most lawyers from simplifying their work? Or is it perpetuation of the myth that what they do is bespoke? Perhaps, as noted previously, economic incentives are the antagonist of simplicity. That would change were fixed-price billing and transparent statements of work (who, what, when, and how much for handling the case?) the new standard for legal engagement. Lawyers would be well served to simplify things for themselves and for their clients. One way to achieve that is to ask the client at the inception of each engagement: “What is your objective?” Not only is this a key driver of case strategy, but also—and more fundamentally—it eliminates misconceptions and aligns expectations. Imagine hiring a contractor to build an addition to your home and have work commenced without any prior discussion of style, finishes, square footage, use, workers, and price? That remains 30
<strong>Legal</strong> <strong>Mosaic</strong>: <strong>Essays</strong> on <strong>Legal</strong> Delivery the norm for how lawyers/firms operate. And it leads to “frolics and detours”, fee disputes, erosion of confidence, and a host of other unfortunate consequences. A simple solution for this recurrent disconnect is for lawyer/firm and client to achieve alignment of objectives and expectations prior to work commencing on a matter. Conclusion Lincoln’s Gettysburg Address—272 words—is a shining example of eloquent simplicity. Each word has relevance, meaning, and power— nothing superfluous. His ability to compress a complex story about war, politics, human aspirations, healing, and so much more—and to communicate it in plain language and few words-- is a reminder of what good lawyers can do. 31
Page 1 and 2: Legal Mosa
Page 29: Legal Mosa
Page 81 and 82:
Legal Mosa
show all

Legal Mosaic Essays on Legal Delivery

You also want an ePaper? Increase the reach of your titles

Delete template?

Save as template?