The Disruptive Lawyer, here to agitate your inbox.

It should be no surprise to anyone who knows me that I like to disrupt things.

From being the class clown in elementary school to standing in front of a crowd telling “jackass lawyer” stories (where I'm the "jackass"), I’m all about finding the best way to shake up the room

That’s why I started this newsletter. It’s long past time to disrupt the field of litigation management and negotiations.

In this newsletter, you’ll find stories about other disruptive lawyers, trainings you can attend, books you can read, and some of the topics that I’m passionate about (especially when I don’t agree with them). Most importantly, you’ll get to hear directly from me, The Disruptive Lawyer, about how we can make necessary changes and stop taking cases to court that should be settled.

And if you want more about the stories in this newsletter? My inbox is always open.

Let’s disrupt something.

Bill

MASTERS OF NEGOTIATION

92% of all cases settle—but when? Before you hire counsel? After you’ve spent $5,000? Or $25,000? Or $50,000? Or $90,000?

Join me for Cruser Mitchell’s Masters of Negotiation series and come away with the skills you need to save legal fees and indemnity by creatively and efficiently resolving cases.

The Winter 2023 Series has started, but it’s not too late to join in!See upcoming webinar dates below.

February 8, 2023 – The Leverage Point of CollectabilityFebruary 22, 2023 – The Theatre of MediationMarch 1, 2023 – The Leverage Point of Educating Plaintiff’s CounselMarch 8, 2023 – Soft Skills of a Master NegotiatorMarch 15, 2023 – Tools to Resolve the Super-Complicated Multi-Party MessMarch 22, 2023 – How to Negotiate Claims Valued Under $50,000April 12, 2023 – Identifying the 1% that will Go to Trial as Early as Possible

Spots are also available for the Spring 2023 series, which begins April 13.

Want to catch up on previous webinars? Email [email protected] for access to previous webinars from the Winter 2023 Series.

THE BIRTH OF THE DISRUPTIVE LAWYER

It’s 1996. The Nebraska Cornhuskers are #1 in college football, a new show called 3rd Rock from the Sun has just debuted, the Olympic Games have commenced in Atlanta, President Bill Clinton has not yet been impeached, Derek Jeter is Rookie of the Year, and a brand new type of lawyer is born.

This Brand New Lawyer is just like any other lawyer in the ‘90s—simply trying to cultivate business to meet their ginormous annual billing requirement.

One fateful day, the phone rings. It is a potential client that the Brand New Lawyer had been wooing. The client’s regular lawyer, who conflicted out of the case midstream, determined that the case was a winner on a motion summary judgment (MSJ) but it was going to cost the client $70,000 in fees. If the Brand New Lawyer can get rid of the case quicker and cheaper, the client will send them more cases.

The Brand New Lawyer assesses the new case and agrees—it is an MSJ case and could be won after several traditional litigation tasks (written discovery, document productions, motions to compel, depositions, etc.).

Given the directive from the client, however, the Brand New Lawyer knows this approach would be unacceptable. Instead, they review the case for any leverage points that could lead to dismissal without billing $70,000 in fees. These arguments are presented through letters, phone calls, and a meeting with the plaintiff's attorney.

Call it arm twisting or call it luck, it works. The plaintiff’s counsel agrees to voluntarily dismiss the case prior to discovery. The attorney's fees are less than $5,000.

While some defense lawyers might say the Brand New Lawyer “lost $65,000,” they would be wrong. The 1996 case leads to a 27-plus-year relationship with the client and helps launch a several-state law firm with over 80 attorneys.

The Brand New Lawyer learns that two things would lead to different results: creating and consistently applying an effective litigation management program, and hiring and training the right lawyers who can uniquely access and "sell" resolutions. And, if the results are tracked through scorecards, the team will be able to provide objective data to prove that not all lawyers are created equal—some of them produce excellent results in an economic and efficient manner, creating a disruption.

And so, the Disruptive Lawyer is born.

IN THE NEWS

On January 19, 2023, actor Alec Baldwin was charged with manslaughter after discharging a weapon he believed to be safe on a movie set in 2021.

The standard, essentially, is that if you handle a gun, you’d better make sure it isn’t loaded. Which works, if you’re the one responsible for the gun. But on a movie set, where there is a weapons master (also charged) that tells you the gun is safe, you should be able to trust that person to do their job.

Could there be extenuating circumstances, like the fact that Baldwin was a producer and that he and several other cast and crew members reportedly participated in target practice during their downtime? Of course. But again, as a producer, he should have been able to trust his weapons master to do their job.

What do you think? Should Baldwin have been charged?

Interested in disrupting litigation management at your Company?

Order your copy of The Disruptive Lawyer’s Little Black Book of Litigation Management today! We also consult on litigation management, including advising on "Red Flag" cases, team training, hand-to-hand claims examiner negotiating training, and more.

Sometimes, being disruptive is good. Disruptive innovation describes what happens when a new product, technology, or way of doing things comes along and disrupts the thinking of an established industry. Likewise, the Disruptive Lawyer embodies the right skills to disrupt—in a positive way—your expectations.

Thanks for reading The Disruptive Lawyer’s Little Newsletter.

Want to know more about how to disrupt litigation management? Follow me on LinkedIn.

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Check out the perseverance of this kid!