Legal Complexity: The Problem with Lawyers (or is something else going on?)
Charlie WunschSprint
Sound Familiar?
“lawyers make things complicated”
“lawyers don’t do simple”
“we had a simple idea until the lawyers got involved”
Source:Common Law
Source: Legislation
January 1st 2010 saw 40,627 new laws on the books in the USA and its overseas territories and protectorates.
Source: Technology
800 Patents
Source: Government and Business Institutions
Source: History
Source: More of something
Internet 2010:Brighter the point, the more connections
Complexity
More Items To Handle
Higher total cost
Limits on full understanding
of item
More Mistakes
More time spent
Who connects
all the pieces?
Consequences of Complexity
Complexity
specialization
ExpertiseIn X area
Higher cost than generalist
LimitedScope of Expert
Quick Answer
Need more
experts
More time spent
Who connects
all the pieces?
Consequences of Complexity
You can't learn everything you need to know legally.John Irving
Coping: Educate Client on Legal Realities
BUT, Lawyers can learn what they can . . .
. . . AND, educate clients on key items.
Antitrust
SEC Rule FD
Contracts
FCPA
Distribution
Advertising
Labor Law
Trademark
Low Risk
Coping: Understand Client’s Risk Tolerance
No Risk
Lawyers are here,
while Clients are here
FormsForms
Coping: Think Ahead
Play books
Contingency Plans
BizSolutions
LegalSolutions
Where lawyers should be thinking
Coping: Focus on realistic solutions
We the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America.
Coping: Concise Drafting
Where are the “Whereas” clauses? Where is the passive voice? Is this legal?
It will be of little avail to the people that the laws are made by men of their own choice if the laws be so voluminous that they cannot be read, or so incoherent that they cannot be understood. James Madison