I was reading an interesting post about developing ideas, but it was one of the comments that really caught my eye.
It bugs me when the programmers I work with ask for my requirements and then look for the quickest way to get from point A to B. I tell them I don’t know if B is even where I want to go! I’d really like them to act like a good real estate agent. Get to know me and then suggest a few ideas I wasn’t considering.
A good estate agent will offer options to the client, both about what the outcome looks like (requirements and price), and how they can get there ( location, requirement trade offs, type of residence).
Being compared to an estate agent may not be attractive for many lawyers, but the similarities are there. A good lawyer will listen to the client, reflect on what the client is asking them to do, but then probe further to ensure that B is where the client really needs to go. They then consider the various ways of achieving the desired outcome(s).
For a client contemplating litigation, outcome options may range from obtaining an injunction, to negotiating an early settlement, to avoiding proceedings at all cost. The process of achieving the outcome could include alternative dispute resolution, making alternative claims, to utilizing commercial pressure points in negotiations.
Experienced lawyers understand that it's not a matter of hearing a client say they want to get from A to B and working out the quickest way to get there. Confirming that B is the right destination, and ensuring the journey is smooth (both in experience and price) and effective is what delivers value to the client.
