Do what seems to make sense, even if no other law department can be found that has tried it

For several years now I have chafed when clients respond to a recommendation with “Who else does this?” Even though lawyers like to follow precedent and many of them are allergic to risks and change, I haven’t yet screwed up my courage enough to say, “Who cares? If the change we are considering feels like it makes sense for your department, why does it matter whether or not others have tramped the path flat?”

Especially I feel this way since I believe that all practices are embedded in a layered context, such that someone else who adopts only a part of another law department’s practice cannot really follow suit (See my posts of Nov. 11, 2007: complex contexts; and Nov. 27, 2007: best practices ride roughshod on context.).

Do what makes sense for your circumstances even if you makes you a pioneer.

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