Links

Blind Men And An Elephant

Link Posted on

An easy and lazy habit that you can have as a lawyer is only seeing things from the perspective of a lawyer. Lawyers are trained to deconstruct problems and look for weakness, to approach situations with a critical perspective. But that does not mean that it is the only perspective that you need to have. One of the most voiced complaints from clients is that their lawyer doesn’t understand their view or their perspective on a case or matter.

This is likely due to a breakdown of communication between the lawyer and the client, and more than likely it is the lawyer’s fault. As a lawyer, it is very easy to fall into entrenched patterns and lines of thought — so easy that it is often difficult to step back from your role as a lawyer, and look at a case or a problem as a layperson or client. Harvard professor Theodore Levitt most aptly summed up this problem with his famous observation: “People don’t want to buy a quarter-inch drill. They want a quarter-inch hole!”

Source – Blind Men and an Elephant

The Risks of Innovation Through Technology in Legal Practice

Link Posted on Updated on

With the increased use of technology in legal practice, it is imperative that we remain aware of current best practices and precautions. While the use of such technologies may increase productivity, we must first be sure to protect our client and business.

Lawyers have always been innovators; any time an attorney crafts a novel legal theory or creates a contract to manage a new type of risk, he or she is innovating. Business innovation, though, has been less common among lawyers, but in recent years, technology has driven and empowered attorneys to pursue innovation in all areas of their practices. Faced with competitive pressures from lawyers and other legal service providers throughout the world, cost-cutting mandates from clients, and a need to remain relevant, attorneys are adopting technologies for research, collaboration and communications at an astonishing rate.

These technologies, however, are not without risks of their own. Attorneys may face ethical and business risks, and may entangle their clients in risks as well, through misuse or misunderstanding of innovative technologies. Among the biggest potential pitfalls:

See the link for more, The Risks of Innovation Through Technology in Legal Practice.

No Mercy for Pro Se Litigant

Link Posted on Updated on

No Mercy for Pro Se Litigant

Pro se parties normally enjoy relative leniency from the courts. But in a recent case before the U.S. Court of Appeals for the Third Circuit, an unrepresented party’s behavior was so egregious with respect to discovery obligations and compliance with court orders that the appellate court affirmed a more than $1 million default judgment, including punitive damages, against the pro se litigant. The ruling reinforces the importance of being responsive to opposing counsel and the court.