legal problem solving example

I say begin. Because there was something missing.

That missing something? Human centered design.

Why human centered design?

As this post is not intended to be a detailed explanation of what human centered design (also often referred to as "design thinking") is, you can go here for a great introduction to the process and its purpose. (You also can peruse the Resources section of this site for much more information on the process of design thinking.)

Design thinking is a human-centered approach to innovation that draws from the designer's toolkit to integrate the needs of people, the possibilities of technology, and the requirements for business success.

— Tim Brown / IDEO

At essence, design thinking is a process for creative problem solving. And as such, I posit that human centered design is critical to both how we solve legal problems for clients and how we deliver legal services to clients, especially at this juncture in the evolution of our profession.

At the center of our professional obligation is THE CLIENT. Human centered design puts THE CLIENT at the center of how we do our work. Quite simply, it is the heuristic that has been missing from both legal education and legal practice.

As I explained to LPS students on day one, in law school you are given a primary tool: you are taught (via the case method) to "think like a lawyer." I call it the hammer. Have a legal problem? Use the hammer. And the hammer comes in very handy to solve many legal problems. But. You can't solve all problems with a hammer. Not every legal problem is a nail. And you need more tools than just one.

To "think like a lawyer" means adopting an emotionally remote, morally neutral approach to human problems and social issues; distancing oneself from the feelings and suffering of others; avoiding emotional engagement with clients and their causes; and withholding moral judgment. To think like a lawyer one must be dispassionate in analyzing a client's legal problems and options, and in developing a legal strategy for achieving the client's goals.

– Stephen Wizner, Is Learning To "Think Like a Lawyer" Enough?

Especially in this day and age, when it's quite apparent that clients are rejecting the hammer as the sole tool . And the now-irrefutable evidence that the hammer-wielding lawyer alone can't serve all of the legal needs that go unmet each and every day in this country .

Yes, to solve legal problems, a lawyer must think like a lawyer . But guess what? Thinking like a lawyer requires you first to think like a client . Because until you understand where the client stands, and have a holistic view of the depth and breadth of the problem, you cannot provide the best solution. (See Einstein quote at top of post — the best solutions come from thinking more about the problem.)

And this is what the problem-solving process of human centered design requires. It requires you to first THINK LIKE A CLIENT in order to more fully understand the problem, before you engage in problem-solving. To BE CURIOUS about the client's situation and needs. To come from a place of empathy, and do a deep(er) dive into context and understanding. BEFORE you wield the hammer.

And now, back to why "Legal Problem Solving."

The course name — Legal Problem Solving — wasn't my first choice. I view this course primarily as one in human centered design, and how this heuristic can be applied to three aspects relevant to a legal education:

#1 How to design better, more effective legal services that serve more people; 

#2 How to better solve legal problems — or, client problems that happen to have a legal component (which I believe more accurately describes most client problems); and

#3 How to design better professional journeys through the legal profession — some would call this designing a better legal career.

The name was "suggested" because (a) it fit within the ABA's course name guidelines, and (b) it was unlikely to raise suspicion among those who would question a course in human centered design or "legal design" (which apparently was important in order for the course to be approved and added to the schedule).

So, for bureaucratic and political reasons, Legal Problem Solving it was.

And as I embraced the name and the initial constraint I felt (yes, it aptly described aspect #2, but not really #1 or #3?), and simultaneously thought more broadly about what it means, I realized that it's quite perfect.

Because here's the thing: ALL of the aspects of this course deal with solving problems we face in the legal profession. ALL are part of the larger, more holistic view of what it means to do legal problem solving.

Starting with #1 , we have a HUGE access to legal services problem in this country. This is spelled out quite clearly in many places — for a good overview, read the ABA's 2016 Report of the Future of Legal Services . Serving the 80% of people in the U.S. who have a legal need but don't have legal help? And might not even realize they need legal help? This is a level-one problem our profession MUST solve for. We're not doing a good enough job at solving it right now. We need different, better, tools.

And those who we're already serving? Well, they aren't happy, either. Go here and here and here for the latest reports on how well the traditional BigLaw services delivery model is faring. Hint:

It has been a difficult 10 years for law firms in many respects, and looking ahead, significant long-term challenges remain,” said James W. Jones, a senior fellow at the Center for the Study of the Legal Profession and the report's lead author. “Actions that have helped sustain firm financial performance over the past few years, such as expense controls and reducing the equity partner ranks, are not likely to be as effective in the future. Firms need to embrace a longer-term, fundamental shift in the way that they think about their markets, their clients, their services, and their futures.

— The “2017 Report on the State of the Legal Market” Finds 10 Years of Stagnation Changing the Industry; Says Innovation Key to Law Firm Success

Moving on to #2 , it's incumbent upon lawyers to find better ways to solve clients' problems that have a legal component. Clients do not have legal problems in isolation. For 18+ years, I helped my business clients solve  business problems that often had a legal component (but not always). Clients of divorce attorneys have personal and/or family and/or financial problems that have a legal component. Perhaps most importantly, with issues of civil liberty involved, we must view clients of criminal defense attorneys has having a larger set of problems, within which the legal problem exists.

Clients from many parts of the legal services spectrum are telling us that we do not do a good job responding holistically to their problems. We often use only our hammer — when the hammer might not be the best (or even appropriate) tool. (Guess what? Not every legal problem requires — or is even best-served — by a purely "legal" solution. Just ask any really good mediator.)

We also tend to work in isolation, focusing solely on "legal" issues instead of taking an integrative approach that more fully considers a client's situation. A classic example here? The rising chorus of general counsel pointing out how little their outside counsel know about the actual business of the companies they represent.

When it comes to being great lawyers, we must add more tools for solving clients' problems with a legal component. And this doesn't even begin to take into account the impact that increasingly sophisticated and effective technology will have on much of the work heretofore done by lawyers .

And #3 . This is one of my personal missions. To insure the positive growth and transformation of the legal profession, we MUST do a better job of preparing law students to craft intentional career paths that empower them to both successfully navigate a rapidly changing legal landscape AND participate meaningfully in shaping this landscape's future. Traditional core curriculum courses are not enough. Clinics are not enough. Frankly, not even PoLI (in its current form) is enough.

You don't have to fully embrace that the billable hour is dead , that the traditional law firm model is dying , that technology may soon render many lawyers obsolete , that the market lawyers serve is shrinking , or that the opportunities for associates are declining . But only a luddite will disavow that the business of law has changed for good, and there is only one thing of which we can be certain — it will continue to change and evolve in the face of economic, technological, and other forces.

So how do we prepare future lawyers to enter into this new world? And take an active role in shaping the future for the better? By giving them more, and better, tools than just a hammer. Yes, by teaching them how to think like a lawyer. AND by encouraging them to be endlessly curious. By using pedagogical methods that encourage creativity instead of hampering it. By modeling empathy and embedding it into how and what we teach.

I began this post with an oft-cited Einstein quote, one I've had on my office desk or wall for nearly all of my 18+ years in legal practice. My experience and observation over these nearly two decades continue to confirm that good legal problem solving first and foremost requires legal problem understanding – and that understanding requires much more than performing the traditional legal analysis we are taught in law school. As our world and our profession become increasingly more complex, this becomes even more important.

And this is precisely why the mindsets of human centered design — empathy , creative confidence , learning from failure , embracing ambiguity , optimism , iteration — deserve a place in the law school curriculum and in the toolbox of new lawyers. These mindsets help us dive deeper into the understanding of problems, in ways that the solely "thinking like a lawyer" simply can't, to help us find better, more creative, and more innovative solutions to the challenges that our clients and our profession face.

And this is why I'm teaching a course called Legal Problem Solving. My students will leave this semester having been exposed to the mindsets and tools of human centered design, and it's my hope and belief that they will be better prepared to go forth to more intentionally and successfully shape both their own professional journeys and the course of our profession.

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6 problem-solving strategies for legal professionals

• June 7, 2018

Jennifer Anderson

Legal professionals are known for being problem solvers. Indeed, just about every engagement involves some type of problem a client needs to have solved. Typically, we handle these issues with ease. Our education and training have taught us to apply established rules to a given set of facts in order to reach the desired solution.

Whether it’s a legal issue, personality issues in the workplace, technology challenges, or slow-paying clients, every law firm has issues to deal with that fall outside our area of expertise. Here are some of the top strategies we’ve identified.

#1 Identify the real problem

This is an especially useful tactic for solving problems that impact multiple people. By way of example, let’s say your team continually misses deadlines. To figure out why this is happening, ask each team member to write down what he/she believes is the cause of that problem.

Then, as a group, discuss each cause, asking the question what caused that cause? By doing this, you can often trace the problem to its core and work on finding a reasonable solution.

#2 Split the problem into smaller pieces

This strategy, sometimes referred to as “ decomposition ,” is often employed by computer programmers. The key here is to identify the small problems that are contributing to a larger problem. Using our prior example, you might find that the reason your team keeps missing deadlines is that: (1) your computer systems are antiquated; (2) team members aren’t using a master calendar to set deadlines; and (3) the lead partner takes too long to get her edits back to the associates.

Each of these sub-problems is unique and manageable on their own, but together they are creating a major problem. By solving each piece, the ultimate problem will undoubtedly resolve.

#3 Get some sleep

This may sound simplistic, but sleep is a key ingredient for solving difficult problems. It’s hard to find a legal professional who doesn’t feel overworked and under-appreciated from time to time. The harder the grind, the bigger our problems seem to become. It’s no wonder – a lack of sleep can impair concentration, increase mood swings, and decrease physical performance.

Therefore, before you decide to give the managing partner a piece of your mind, it’s probably a good idea to get a full night’s rest. You might be surprised how much your problems can decrease with the right amount of sleep.

#4 Try to make the problem worse

Making a problem worse in order to solve it may sound counterintuitive, but this is a great way to test your theories about the underlying cause. Can you replicate the problem by deliberately prompting the circumstances you think are causing it?

To illustrate this strategy, let’s say you suspect that answering emails throughout the day is decreasing your productivity. For one week, you might set up your email program to alert you every time an email comes in – and then commit to answering each one right away. If at the end of that week you find your productivity has decreased, then you might consider turning off all email alerts and setting a narrow window of time during which you’ll respond to emails each day.

#5 Zoom out

Oftentimes, we attempt to solve problems by focusing on the minutia. Instead, it can be more helpful to look at the bigger picture . Returning to the issue of missed deadlines, it may be true that several small, individual problems are contributing to the dilemma. The bigger issue, however, could be that the firm has no real consequences for team members who fail to meet deadlines. If you fix that global problem, the smaller issues will likely cease to have any impact.

#6 Employ SMART goals

Finally, a great way to problem-solve in the legal setting is to set goals that will help eradicate the issue. Some experts suggest that the goals should be “ SMART ”; i.e. , specific, measurable, attainable, realistic, and timely.

To solve the missed deadline problem, for example, a team might set a goal of finalizing projects one day before the actual due date. The goal is specific (one day before), measurable (the project is either finished or it is not), attainable (it leaves plenty of time for completion), realistic (a difference of one day is achievable), and timely (the goal is met when the project is done). If the goal is achieved, the overarching issue of missed deadlines will disappear.

With a bit of thoughtful attention to realistic solutions, your team should be able to work through just about anything. What problem-solving strategies does your firm employ when working through issues?

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Legal Problem Solving

• Français
• Learning Modules
• Introduction
• 1.1 Evaluating the Legal Problem
• 1.2 Factual Analysis
• 1.3 Issue Determination
• 1.4 Learning to Re-Evaluate the Legal Problem
• 1.5 Locating the Law
• 1.6 How to analyze and communicate what you have learned
• Review and Conclusion

The Research Process – 1.1 Evaluating the Legal Problem

Legal research requires a methodical approach .

• Legal research is a process which should take place in a number of stages.
• It is essential to begin by evaluating the legal problem before you. Doing so will enable you to determine the specific legal question or issue you need to answer. Since this will be the focus of your attention, identifying it will put your research on the right path and will help you choose the best research tools and key word strategies.
• You will save time and improve your end result if you develop the legal question(s) before you even pull a book off the shelf or access an online database.

How do we do this? Evaluate the legal problem using a model such as the FILAC method

• FILAC stands for, " Facts , Issues , Law , Analysis , and Communication ”.

The focus of this course will be on skills related to the facts, issues, and law steps. These elements of the FILAC method will help you to:

• analyse the facts in depth;
• properly identify the legal issues;
• understand the problem in legal terms;
• locate the relevant law (precedential and statutory authorities);

You can find a more comprehensive explanation in chapter 1 of Maureen F. Fitzgerald's Legal Problem Solving: Reasoning, Research and Writing, 7th ed. (Markham: LexisNexis Canada, 2013) c 1.

Please give us your feedback on the Principles of Legal Research website. If you would like us to get back to you, remember to write down your email address in the correct field. For further enquiries, you can reach us through our contact us page.

Principles of Legal Research © University of Ottawa – Brian Dickson Law Library, 2011

• Subject guides
• Legal problem solving
• Application

Legal problem solving: Application

• Example 1 (Contract)
• Example 2 (Negligence)
• Find out more
• Back to Law research and writing guide

Apply the rules to the problem

Application, or analysis or argument, is the most important, and the longest, part of your answer. It involves applying the rules to the facts of the problem or question. 

This is where you state your evidence and explain how you will arrive at your conclusion.  Use relevant precedent cases, legislation, or statements of legal principles to support your answer.

Apply or distinguish the relevant case authority, with consideration of how the facts are similar or different to those in the cases.

You should consider both sides of the dispute and address counter-arguments where appropriate. If applicable, include discussion of cases that are contrary to your conclusion. Focus on any contentious issues. Give an indication of the weight of the arguments when setting out counter arguments (e.g. strong, good, poor, weak). 

Order the issues in a sensible and effective way to lead the reader to your conclusion.

The example below establishes one element of our argument.

The company requires Matthew to attend meetings and training, which shows they have a high level of control over him ( Stevens v Brodribb and ACE Insurance v Trifunovski ). These factors indicate that he is an employee ( Hollis v Vabu ).

• Reading the reasoning of judges in cases can help you understand how legal problems are analysed and applied to the specific facts of a case.
• Use legal principles and precedents in each analysis.
• << Previous: Rule
• Next: Conclusion >>

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Seven steps - How to deal with legal issues

• Introduction
• Step 1 - What is your problem?
• Step 2 - Know your rights (and responsibilities)
• Step 3 - Understand your options (and know what you want)
• Step 4 - Know who to speak to
• Step 5 - Communicate effectively
• Step 6 - Get organised!
• Step 7 - Know when to get help
• About this guide

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September 2022

You need to be clear exactly what your problem is. This might be obvious, but sometimes it takes a bit of unpicking.

Top tip! Sometimes you have a couple of problems tangled up together. Don’t get flustered. Try and work out the facts for each one and what you need to do in what order.

To help, try and answer these questions:

• What is your problem about?
• When did it happen?
• Where did it happen?
• Who is the problem with?
• How did it come about?

Once you are clear about the facts it will help you to carry out the next steps.

“My ex threatened to take me to court after weeks of rows about him seeing the kids. I used to take them to his flat at weekends and he would bring them back. But I’m on such a tight budget that when one of my benefits went down I just couldn’t afford the fares. He said I was stopping him from seeing his kids. When I got the letter about court I was terrified, and furious.

But after chatting with a friend I realised that despite all the slanging matches, my ex and I both wanted him to see the kids. So that wasn’t the actual problem – the key to it all was getting them there. So I texted him and suggested he asked his dad, the kids’ granddad, to come and pick them up in the car. He agreed and it’s worked out really well for everybody.” Lindsay, Falmouth

Not all the information on the internet is up to date, trustworthy or easy to understand. So, start your search at Advicenow where we have brought together all the best information on the law in one place .

Make sure you know:

• what your legal rights are;
• if there is anything that you should have done (your legal responsibilities);
• what ways you might be able to solve the problem. For example, by having an informal chat, making a formal complaint, through mediation or by going to court .

Once you have got all the information you will be in the best position to make decisions about what to do (see Step 3).

Friends and family are often keen to give you advice, but there are a lot of myths out there about the law, and the law often changes. So make sure you look up what you need to know to make sure it is right.

You can find lots of free information on your rights online. You can also visit your local library, Citizen’s Advice Bureau or other advice centres to find out where you stand (see our Help Dirctory for more information).

"Last year I was living in a bedsit. It wasn't brilliant but at least it was my own place, and it was near college.

One day, out of the blue, my landlord knocked on the door and told me I had to move out at the weekend because he needed the bedsit for a family friend.

It was really bad timing, I didn't have anywhere I could go, and I had exams coming up. I told my friends what had happened and everyone thought it was unfair, but what can you do? So I moved out and slept on a mate's floor.

When I told my tutor what had happened, she said my landlord wasn't allowed to just evict me like that. So, I looked it up and she was right! Wish I'd known at the time - I would have stood my ground." Suzgo, Croydon

Top tip! If you don’t have a clear idea of what your choices are, or what a realistic outcome would be look up your rights or speak to an adviser. Don't just believe what you are told by someone who might not be on your side.

Be clear what you are asking for. Do you want an apology, a refund, compensation, or something else?

What your options are will depend on how strong your position is. For example, does the law protect you or will you have to rely on goodwill to get what you want?

It will also depend on how confident and motivated you feel. Sometimes it does not feel worth the hassle, and that can be a fair enough conclusion to come to once you have understood your options.

Even if the law does not protect you, it might still be worth having a go. If you negotiate confidently you may still get what you want.

"I bought a necklace for my girlfriend. It was quite cheap, but I didn't want her to know that. The second time she wore it, it fell apart. I was so embarrassed! When I took it back to the shop, they offered me an exchange. But I wanted to get her something completely different. Then they offered me a voucher, and acted like it was some big favour and I was really putting them out. But I didn't really want that either. I wasn't sure what to do so I said I'd think about it.

When I got home, my mum looked it up online. We found out that the shop was wrong and that, if I took it back straight away, I should be able to get a refund. When I went back, I asked for a refund and told them I knew I was entitled to one. They paid up.” Tom, Morecambe

Work out who to speak to in order to solve the problem.

If it is an organisation rather than an individual, ask who the best person to talk to is and try to talk or write directly to them each time.

Sometimes there will be a set process to follow. Find out if there is, and what to do. The more you understand about the process, the stronger your position.

Top tip! If you are not getting anywhere with the people you are talking to it might be time to approach somebody different, for example, the customer services department, or go up a level, for example by contacting an ombudsman (an independent person at the top of the complaints ladder, whose job it is to investigate complaints fairly.)

"This bloke I work with used to say sleazy things to me, and to some of the others. It didn't seem to bother some people, but it made me feel very uncomfortable. I tried to just avoid him but we were always being put on the same shifts. I didn't know what to do.

Then I had a quiet word with someone in human resources, she explained who I could talk to about it informally, and what the procedure was if I wanted to take formal action. It gave me the confidence I needed to do something about it" Jasmine, Sunderland "

To resolve most everyday legal problems you will probably have to talk to the person or organisation involved, either in person, on the telephone or in writing. Below we give you the lowdown on how to do this effectively.

Top tactics

• Stay calm and be polite.
• Be clear about what you want and stick to the point.
• Know your rights (see step 2) and if the law is on your side, or you have had advice, tell them so.

Top tip! When you call an organisation and are told ‘your call will be recorded’ make a note of exactly when you call. That way if they later go back on what they agreed you can ask for the recording. They probably will not have the recording, but it can mean that they take your issue more seriously!

If you are talking to someone in person or on the telephone

• Make notes of everything you want to cover during the conversation and tick them off as you go along.
• Get the name of the person and repeat it several times through the conversation to keep personal contact.
• Don’t be embarrassed if you don’t understand something that the other person says to you. Ask them to explain it in a different way or to give you an example.
• At the end of the conversation repeat back anything you have agreed, particularly anything that they have agreed to do.
• Repeat their name at the end of the conversation and where they are: it helps to make that person feel committed to what they have agreed.
• Sometimes a bit of praise can go a long way in getting that person on side!
• Make a note of who you spoke to, where they are and what you agreed.
• For extra peace of mind send them a letter, email or text confirming what you agreed. The more you have in writing the more evidence (see step 6) you will have if you need to make a complaint.

Top tip! If you are writing to complain about something write ‘Complaint’ in bold across the top of your letter. That way they may have to deal with your letter in line with their complaints procedure and reply within a certain number of days. 

If you are writing to someone

• Double check that you have covered everything you want to. It is sometimes useful to have a friend check that you have made all your points clearly. What is in our minds is nt always what we have put down on paper.
• If you are posting a letter and can afford it, send it ‘signed for’ so that you can track it. This means they will be more likely to respond and not fob you off.

"I had a tendency to get upset and lose my temper a bit when I tried to sort things out. I remember shouting at this woman at customer services when my computer broke. I hadn’t really worked out what I wanted to say, and ended up yelling about some pretty irrelevant stuff. It wasn't my finest moment, it was the company's fault not hers. Apart from being embarrassing, and stressful, it also made things worse! It made it hard to get my point across, and made her less keen to help (understandably).

Now, I try to stay calm, write down what I want to say beforehand, and tell them clearly what the problem is I need their help with." Luca, Birmingham

To solve your problem you need to keep records of what went wrong and how you tried to solve it, and gather evidence to prove you are in the right. For example:

• Check if there are time limits to do with your problem, for example, a certain amount of time in which you have to take something back to a shop, apply to backdate your benefits or put in a claim to a tribunal.
• Keep copies of all the emails, texts and letters you send and receive.
• Make a note of everything you do to solve the problem. Write down who you spoke to, what they said, what you or they were going to do next, and when by.
• If it is your word against somebody else’s write down your account of what happened, date it and keep it safe. 

Recording things properly and getting all your evidence together can be crucial to solving your problem. Not only will it be very helpful for anyone trying to help you, like an adviser, but it could also make all the difference if you have to make a formal complaint or go to court further down the line.

Top tip! If you hand over documents or evidence make sure you get a receipt and keep it safe.

"My mum was sick and in and out of hospital for a while and it played havoc with her care package. Because she wasn't well, I had to try and sort it out for her.

But I learnt something really useful. Now when I speak to someone at social services, at the end of the conversation I always repeat anything they have agreed to do and ask how long they think it will take. If they say a week, I write it down and phone back a week later. I ask to speak to the same person and ask what the progress is. It stops me from being passed from person to person and nobody really dealing with my problem. If they don't want me to call back again, they'll solve it for me." Puja, Carmarthen

Top tip! If you have an important deadline approaching fast, perhaps a court date, get help or advice as soon as you can.

If you are not getting anywhere, or if you are confused, you need to get help.

You can get help from your local advice or law centre, a solicitor, many charities, and organisations like Citizens Advice or ACAS.

Depending on your problem, they may step in and do some of the work for you, or they may just clarify what you should be doing and advise you on tactics. Help from a professional, even if it just confirms that you have been doing the right thing, should help to stop things getting out of control and becoming too stressful.

See Advicenow's Help Directory for where you can get free or low cost legal advice about different types of legal problem .

"I got into debt when I lost my job. My credit card company started sending me letters saying that if I didn't pay it all off immediately, they'd send the bailiffs round. But I didn't have the money. When I phoned the ‘helpline’ they said they'd take me to court, add £300 court fees to my debt, and a bailiff would come into my flat and take all my things. I offered to pay what I could each week, but he wouldn't have any of it. I was so desperate I thought about taking out another loan.

But then I went to see an adviser. She said that they couldn't take my things, and that he had broken the law by saying they could. She said that if they took me to court, the court would only make me pay off what I could afford each week - exactly the same as I had already offered! We wrote out my income and all my expenses and worked out I could only afford to pay £2.50 a week.

When I phoned him back, it was so much easier because I knew the law was on my side. They backed down eventually and accepted £2.50 a week. They had no choice." Jack, Worthing

The information in this guide applies to England and Wales. 

The law is complicated. We have simplified things in this guide. Please don’t rely on this guide as a complete statement of the law. We recommend you try and get advice from the sources we have suggested.

The cases we refer to are not always real but show a typical situation. We have included them to help you think about how to deal with your own situation.

Acknowledgement

This guide was updated in Septemeber 2022 and continues to be available thanks to funding from the Litigant in Person Support Strategy.

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