Options to adversity
What is a legal case but a conflict between two or more interests? A trial is one way to resolve it by having others decide the solution. What is it that you believe 12 people will see that the other side cannot? And likewise, what is there you cannot see about the other side’s view. Is this mutual blindness of adversity wise and/or responsible for overwhelming and unnecessary struggle and expense? Is the adversarial process truly deserving of perpetration as has been wired into our thinking or is it just a roadblock, and it is within our power to remove?
We are taught and accept that an adversarial political system of two parties will miraculously create the best government. We are educated and trained to fight for our clients as attorneys as adversaries. If instead of fighting the alternative of simply best presenting the facts were pursued with collaborative solution efforts were undertaken. If we started with peace and compassion. Might we do better?
Ask if lawsuits don’t typically begin with demands that can’t be justified and an offer or gamesman denials that are an insult to reality. Isn’t that truly the norm. That is until both sides spend outlandishly each believing the other will run or settle out of fear. Now if that is reality perhaps be the change you want to see and consider the phrase, do not become like your enemy. Find the truth, be real, be in the moment.
Open your mind to consider the response to your case. Do not be offended if they are less than genuine. Make no judgments. Just find the truth in your case. Develop it day one for trial.
If we focus not on winning every argument or wearing them down in law and motion or burdening them in discovery but rather artfully prepare our case for trial, what would happen? A lot of waste avoided perhaps as all the energy is spent on making your case ready for trial while convincing the other side in the process. Do you really need discovery? Most discovery I have seen is a waste of time for what is spent. Work on your story. Listen and be curious about your opposition’s legal and factual positions with respect. Discuss them with respect. With time you will be able to talk They will easily make the effort to discuss the case and solutions as you build trust. Give it your best. Will it work? Try it? We are discussing it. I respect your view and am anxious to hear it. Thanks.