Legal Design Lawering: Rebooting Legal Business Model with Design Thinking.

6e Biennale internationale de la négociation.

This article focuses on giving lawyers a competitive edge in the evolving economy. It puts forth a framework for a new legal business model. Why should the legal business model be called upon to change? For at least two reasons: One is that clients’ needs are evolving toward pluralistic processes providing tailormade added value solutions. Another reason is that the core legal business model is based on legal risk analysis, which has been proven to have flaws and limitations. A large-scale empirical study conducted by Kiser, Asher, and McShane demonstrated that risk analysis methodology has poor predictability potential. Additionally, the risk analysis model leaves aside global value. Thus, the potential to reach desired value for clients is limited under the traditional legal business model. Therefore, lawyers need to adapt to stay competitive in the “trust market.”

A need for rethinking legal services has been acknowledged in many jurisdictions and particularly in the Canadian context where the Supreme Court invited a cultural shift, hence legitimising the suggestions made by the Canadian Bar Association in a recent report encouraging a rethinking of legal services. Ongoing reflections challenge both the private sector on creating economic value and the public sector regarding access to justice. On this latter topic, a major step has been taken with Quebec’s new Code of Civil Procedure, effective early 2016, suggesting a cultural shift toward dispute prevention and resolution processes.

Programme :

Ce contenu a été mis à jour le 8 mai 2017 à 18 h 52 min.


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