Winning at trial often hinges on how your trial team successfully solves complicated problems that arise throughout the life of your case. Those problems range from the practical and tangible (how to get a piece of evidence into the record) to the vague and intangible (getting the jury to believe your client had no intent). While trial teams are well-equipped to solve for the former, they are often not adequately prepared to generate innovative solutions to the latter. This lack of creative experience then leads to the types of safe, rote answers that will fail to move the needle with your ultimate audience: the jurors who are deciding the fate of your case.
In this regard, the legal field can benefit greatly from adopting many of the best practices from “design thinking,” a creative problem-solving methodology that has been embraced by leading companies like GE, Steelcase, JetBlue and Hyatt. In order to explore those best practices, my firm, The Focal Point, spent three months collaborating with Stanford’s d.school—an interdisciplinary program dedicated to instilling the philosophy and practice of design thinking in the next generation of innovators. Our goal was to learn those methodologies and experiment with how to apply them to a legal context.
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