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

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.

Keywords: dispute prevention, pre-dispute process, pre-escalation process, risk allocation, blue ocean, legal services, innovative legal services, innovation lawyering, lawyering

JEL Classification: K49