Cooperative Design Lawyering: How Can Lawyers Prevent Disputes Through Value Innovation?

Authors

Jean-François Roberge, Faculty of Law, Université de Sherbrooke (Canada)
Véronique Fraser, Faculty of Law, Université de Sherbrooke (Canada)

Abstract

This article puts forth processes for preventing disputes based on value innovation, an approach referred to as Cooperative Design Lawyering ("CDL"). It suggests that law firms could take a competitive edge by offering Cooperative Design Lawyering services. It explores how legal designers can redefine the value and predictability of a relationship between parties by creating positive-sum interdependence, managing risk allocation and preventing the escalation of eventual disputes. It argues that CDL has the potential to act as a "blue ocean" strategy by targeting unmet needs and delivering value innovation to reach untapped markets. CDL relationship-oriented services capture value and improve predictability to generate fair reciprocal exchanges between parties. CDL is concerned with both risk minimization and increasing value, which can attract new clients for legal services and open new markets for law. This way, lawyers, redefining themselves as legal designers, address the issues of affordability, efficiency, and scope of legal services.

Disciplines

Dispute Resolution and Arbitration | Law | Legal Ethics and Professional Responsibility | Legal Profession | Science and Technology Law

Recommended Citation

Jean-François Roberge & Véronique Fraser, Cooperative Design Lawyering: How Can Lawyers Prevent Disputes Through Value Innovation?, 20 Cardozo J. Conflict Resol. 557 (2019).
Available at: https://larc.cardozo.yu.edu/cjcr/vol20/iss3/3