The adage “be curious, not judgmental” is often attributed to Walt Whitman. Until recently, it never really applied to lawyers. For many lawyers, the bargain was this: you provide the facts and ask me the questions, and I’ll pass judgment in the form of legal advice.

That’s how it used to be, a very closed loop. The facts, as served up by the client, were treated as sacrosanct. It wasn’t the lawyer’s job to investigate and validate them, far less to be curious. If the lawyer’s job was limited to giving legal advice, without investigation, there would be no place for curiosity. The only setting in which that is still true is the exam room. 

Modern lawyering is very different. Maybe not so much a part of the new reality, but certainly a consequence of it. Now, with the rise of lean law, more and more lawyers are coming to understand the critical value of curiosity. Legal project management starts with scoping, for which the key attribute is curiosity.  

Step one in the Lean Law playbook is all about asking the client smart, probing questions and good supplemental questions. As we say in Lean Adviser, ask the questions and then question the answers. But all the while, withhold judgment. 

This should be a collaborative to-and-fro; the harder the questions the better. Look at it this way: Questions which the client can’t answer are usually the right questions. Answers which you can’t question are usually the wrong answers. As a tip-sheet, here’s a list of starter questions for any assignment:

  1. What problem are we trying to solve?
  2. What’s the believed root cause of the problem?
  3. How did this come about?
  4. Who are the main fact holders?
  5. Which are the key documents?
  6. Why does this matter?
  7. Who does it matter to?
  8. What’s the corporate risk appetite?
  9. What would a good outcome look like?

And never forget

  1. Where can this come back to you as the Legal Director? 

From there you have a base level of information to start an investigation, to validate the assumptions and the “as given” facts. But most of all to discuss expectations. Without these building blocks you’re in no position to judge anything. Sure you can take the instructions as given, jump into action and start running the assignment. But don’t be surprised if you get a few shocks and surprises along the way and finish up, best case, writing off a ton of time.