legal sanity
lawyers as creative problem solvers
One of the greatest things about starting my own practice is the freedom I’ve gained to address all facets of my clients’ legal issues – which typically are amalgams of legal, emotional and interpersonal/relationship concerns. By taking a broader view of disputes and transactions and engaging my clients in the problem-solving process, we optimize the results obtained. This article delves into the subject of lawyers as creative problem solvers. It suggests that, while law schools often suck the creativity out of lawyers-to-be, that creative life force can be reclaimed. It may take some tweaking of the standard approach to client counseling, however. Creative problem solvers look first at “their client’s goals rather than the legal rules.” They also develop a “fuller repertoire for preventing and resolving problems” such as using ADR and accepting “alternative understandings of what might constitute ‘success’ in resolving a particular client matter. The article closes with this interesting, if not rhetorical, question: “Although working well with legal rules is a vital lawyerly skill, many human problems can be addressed without reference to them. If doing so would actually solve the problem more efficiently, effectively and humanely, then why not?”
Arnie, I think you and Keeva have a sort of symbiotic relationship going on, not that there is anything wrong with that. I like what you're both writing. I was going to ask you whether you read "Transforming Practices" prior to becoming the lawyer you are, and low and behold, your latest post is to a Keeva column. I guess I'll still ask the question. I'm in the middle of it ("Transforming Practices") now and it is excellent. I already put into play the listening practice, sort of, yesterday while dealing not with a client, but with a partner who has obviously never taken the time to read a book like "Transforming Practices." She's one of those bossy, impatient interrupters. Actually, it was a pre-client conference meeting, so afterwards we did actually meet with the clients (pro bono, won't go into details--usually I don't get to deal with human being clients, only corporations), and I practiced being the listening lawyer with the clients too. It was fun to make a concerted effort to speak calmly and extra slowly on purpose, watching to see if I could make the Interrupter calm down accordingly or at least get to some percentage of a realization or awareness of how she appears and presents herself to the world outside her brain. I made the clients happy; the too-far-gone partner was oblivious.
-Biens
Hey! Very cool blog and I might agree with what you said about creativity. How long have you studied to become a lawyer?
Here in Brazil it takes us SIX years!! It's like Med School.