We have arrived at an intriguing moment in legal history. Lawyers, raised in an adversary system, often view themselves as warriors who, to paraphrase President John F. Kennedy’s Inaugural Address, will “pay any price, bear any burden” to advance the interests of our clients. This is not merely a time-honored tradition; it is a professional responsibility. Our duty to our clients is paramount. For some sorts of cases, an aggressive, take-no-prisoners approach may still be necessary, or at least, defensible.
But there are other occasions when a less contentious attitude may more effectively advance a client’s interests. In a legal environment in which the costs of litigation are effectively becoming prohibitive for all except the wealthy, and the explosion in information is exponential — and mind-boggling — a more cooperative approach is needed.
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