When asked for the secret to his success, Wayne Gretzky, the legendary hockey player, observed, “I skate to where the puck is going to be, not to where it has been.” This wisdom has been embraced by visionary business leaders like Steve Jobs, the co-founder of Apple. He projected where the world was heading and designed products and services the public did not yet know it wanted.
Historically, the legal profession has done everything but think this way. The practice of law is one of the most conservative professions. Lawyers as a group are risk-averse. Never in the vanguard of change, they are wedded to complexity and habitual practices, like arcane pretrial rules of procedure that enable litigants to beat every plowshare into a sword (to borrow Judge Marvin E. Frankel’s phrase).
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