Frank Ramos, Clarke Silverglate, Miami
Editor’s note: The following is an excerpt from Francisco Ramos Jr.’s new book published by the American Bar Association titled ”The Practice and Process of Law: Checklists for Every Occasion.”
The Process of the Practice
Some refer to the practice of law as part art and part craft. My experience tells me that everything I do as a lawyer can be reduced to a process. Intuition plays a role. Sometimes luck plays a role. But for most aspects, there is a process that if followed leads to success. Most everything we do as a lawyer is a task that can be reduced to a series of steps—a checklist. By following these checklists we not only avoid mistakes but we ensure achieving our goals, both small and large. When I teach legal skills, I invariably share the steps I follow with my audience. Taking a deposition? I have a checklist. Defending a deposition? I have a checklist. Writing an article? I have a checklist. Most lawyers, whether they are conscious about it or not, have mental checklists they follow whether it’s getting ready for a hearing, mediation of trial. They follow certain procedures when interviewing a witness, drafting a pleading or negotiating a settlement. Most of the practice is a process, and by shifting the paradigm from art and craft to process, we can improve quality, efficiency and results.
