In Litigation, Bad Facts Mean ‘You Lose’

When lawyers know their client is going to lose, they like to say euphemistically that the client has “bad facts”. Much of what lawyers do is making up for bad facts as best they can–after the horse has left the barn. For better –and best– results, you need to be “proactive” in judging the whole-world reality: you need to understand the facts, factors, forces, and figures from multiple perspectives from the first so that you are not left with bad facts, bad judgments, bad decisions, and bad, not good, risk. You need to that clarity.

So that you can focus on your goals, you need to work carefully to assess the reality of your world. Compare and contrast what you think and hope with what is real. Tease out the active and sleeping problems and identify real opportunities and risks however remote they might seem–or you might hope.

To derive new possibilities and prioritize what comes next you need to listen and watch and not dismiss anomalies. Isolate real functional irregularities along with the operational anomalies. Analyze the dynamics of your organization as well as the incidents. Follow through on new information and build on your analysis; extend your plans and solutions. You have to get uncomfortably technical, technical beyond the technicality of your profession and into the technicalities which are foreign to your discipline and foreign to your thinking. Build creative solutions.

Gain a realistic picture of where you are and where you can go. Do not ignore the real reality as you execute and integrate. Only then can you actually begin to balance benefits and costs and build a sustainable path.

Deal with change before change sets its own path through your business.

© 2010 Sigrid Caroline Schroder. All Rights Reserved.