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	<title>Comments on: The rise of good enough</title>
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	<description>Dispatches from a legal profession on the brink</description>
	<lastBuildDate>Thu, 25 Feb 2010 03:47:00 +0000</lastBuildDate>
	
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		<title>By: Blawg Review #175</title>
		<link>http://www.law21.ca/feeder/?FeederAction=clicked&amp;feed=Comments+on+Articles+%28RSS2%29&amp;seed=http%3A%2F%2Fwww.law21.ca%2F2008%2F08%2F25%2Fthe-rise-of-good-enough%2F%23comment-1228&amp;seed_title=The+rise+of+good+enough/comment-page-1/#comment-1228</link>
		<dc:creator>Blawg Review #175</dc:creator>
		<pubDate>Sun, 15 Nov 2009 22:02:57 +0000</pubDate>
		<guid isPermaLink="false">http://jordanfurlong.wordpress.com/?p=528#comment-1228</guid>
		<description>[...] forhow to use Firefoxwhen we get back to work.&#160;And JordanFurlong&#8217;s suggestion thatnon-lawyerscan do the work of lawyersif it&#8217;s &#8216;goodenough&#8217; might put some attorneys out of work [...]</description>
		<content:encoded><![CDATA[<p>[...] forhow to use Firefoxwhen we get back to work.&nbsp;And JordanFurlong&rsquo;s suggestion thatnon-lawyerscan do the work of lawyersif it&rsquo;s &lsquo;goodenough&rsquo; might put some attorneys out of work [...]</p>
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		<title>By: Lawyer Coach - Coaching &#38; Training for Attorneys and Law Firm Administrators</title>
		<link>http://www.law21.ca/feeder/?FeederAction=clicked&amp;feed=Comments+on+Articles+%28RSS2%29&amp;seed=http%3A%2F%2Fwww.law21.ca%2F2008%2F08%2F25%2Fthe-rise-of-good-enough%2F%23comment-1104&amp;seed_title=The+rise+of+good+enough/comment-page-1/#comment-1104</link>
		<dc:creator>Lawyer Coach - Coaching &#38; Training for Attorneys and Law Firm Administrators</dc:creator>
		<pubDate>Wed, 02 Sep 2009 02:41:44 +0000</pubDate>
		<guid isPermaLink="false">http://jordanfurlong.wordpress.com/?p=528#comment-1104</guid>
		<description>[...] a year ago Jordan Furlong warned in his excellent article, The Rise of Good Enough, that &#8220;clients are coming to see the costs of exactitude in the law as simply too [...]</description>
		<content:encoded><![CDATA[<p>[...] a year ago Jordan Furlong warned in his excellent article, The Rise of Good Enough, that &#8220;clients are coming to see the costs of exactitude in the law as simply too [...]</p>
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		<title>By: Just in case</title>
		<link>http://www.law21.ca/feeder/?FeederAction=clicked&amp;feed=Comments+on+Articles+%28RSS2%29&amp;seed=http%3A%2F%2Fwww.law21.ca%2F2008%2F08%2F25%2Fthe-rise-of-good-enough%2F%23comment-1043&amp;seed_title=The+rise+of+good+enough/comment-page-1/#comment-1043</link>
		<dc:creator>Just in case</dc:creator>
		<pubDate>Thu, 13 Aug 2009 19:02:28 +0000</pubDate>
		<guid isPermaLink="false">http://jordanfurlong.wordpress.com/?p=528#comment-1043</guid>
		<description>[...] I think the rise of &#8220;good enough,&#8221; already well underway in the client realm, could and should be transposed to the law firm [...]</description>
		<content:encoded><![CDATA[<p>[...] I think the rise of &#8220;good enough,&#8221; already well underway in the client realm, could and should be transposed to the law firm [...]</p>
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		<title>By: Blawg Review #175 &#124; Dui Lawyers</title>
		<link>http://www.law21.ca/feeder/?FeederAction=clicked&amp;feed=Comments+on+Articles+%28RSS2%29&amp;seed=http%3A%2F%2Fwww.law21.ca%2F2008%2F08%2F25%2Fthe-rise-of-good-enough%2F%23comment-184&amp;seed_title=The+rise+of+good+enough/comment-page-1/#comment-184</link>
		<dc:creator>Blawg Review #175 &#124; Dui Lawyers</dc:creator>
		<pubDate>Wed, 03 Sep 2008 02:56:45 +0000</pubDate>
		<guid isPermaLink="false">http://jordanfurlong.wordpress.com/?p=528#comment-184</guid>
		<description>[...] for how to use Firefox when we get back to work.&#160;And Jordan Furlong&#8217;s suggestion that non-lawyers can do the work of lawyers if it&#8217;s &#8216;good enough&#8217; might put some attorneys out of work all [...]</description>
		<content:encoded><![CDATA[<p>[...] for how to use Firefox when we get back to work.&nbsp;And Jordan Furlong&rsquo;s suggestion that non-lawyers can do the work of lawyers if it&rsquo;s &lsquo;good enough&rsquo; might put some attorneys out of work all [...]</p>
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		<title>By: Vickie Pynchon</title>
		<link>http://www.law21.ca/feeder/?FeederAction=clicked&amp;feed=Comments+on+Articles+%28RSS2%29&amp;seed=http%3A%2F%2Fwww.law21.ca%2F2008%2F08%2F25%2Fthe-rise-of-good-enough%2F%23comment-185&amp;seed_title=The+rise+of+good+enough/comment-page-1/#comment-185</link>
		<dc:creator>Vickie Pynchon</dc:creator>
		<pubDate>Mon, 01 Sep 2008 22:01:32 +0000</pubDate>
		<guid isPermaLink="false">http://jordanfurlong.wordpress.com/?p=528#comment-185</guid>
		<description>GREAT post.  Thanks to Blawg Review and Austin DWI Lawyer for sending me here today while I take a break from trying to do the right thing as an arbitrator with &quot;not good enough&quot; contract drafting.  I&#039;m not a contract drafter myself so I won&#039;t comment on that.  Your post reminds me, however, of discovery IN GENERAL, which occupied, oh, say, 70% of my entire civil litigation career for 25 years.  As a mediator (and a former occasional trial lawyer) I&#039;d say the parties usually truly need only 10 to 20% of the discovery they pursue.  That 10 to 20% generally represents the whole in the same way minute samples of a toxic lagoon are sufficient to rate the entire contents not only as contaminated, but also what it&#039;s contaminated BY.  Research on physician diagnoses show that when the amount of information doctors are allowed to gather is CONSTRAINED, they tend to make better diagnoses.  It&#039;s the nature of the contraints that is key.  And this fragment of a thought in response to your thoughtful post is just the beginning of an idea about the way in which litigators could conduct discovery in general (not just e-discovery) in a more efficient manner with far fewer human resources without worrying that the one silver-stake red-hot document will be lost to them (maybe it will, but at what cost will it be found?)  All great food for thought.  Back to my contract problem -- which arises from a particular type of drafting short-cut which will always short-change clients -- the use of form language for &quot;standard&quot; contract provisions.  Probably never &quot;good enough.&quot;</description>
		<content:encoded><![CDATA[<p>GREAT post.  Thanks to Blawg Review and Austin DWI Lawyer for sending me here today while I take a break from trying to do the right thing as an arbitrator with &#8220;not good enough&#8221; contract drafting.  I&#8217;m not a contract drafter myself so I won&#8217;t comment on that.  Your post reminds me, however, of discovery IN GENERAL, which occupied, oh, say, 70% of my entire civil litigation career for 25 years.  As a mediator (and a former occasional trial lawyer) I&#8217;d say the parties usually truly need only 10 to 20% of the discovery they pursue.  That 10 to 20% generally represents the whole in the same way minute samples of a toxic lagoon are sufficient to rate the entire contents not only as contaminated, but also what it&#8217;s contaminated BY.  Research on physician diagnoses show that when the amount of information doctors are allowed to gather is CONSTRAINED, they tend to make better diagnoses.  It&#8217;s the nature of the contraints that is key.  And this fragment of a thought in response to your thoughtful post is just the beginning of an idea about the way in which litigators could conduct discovery in general (not just e-discovery) in a more efficient manner with far fewer human resources without worrying that the one silver-stake red-hot document will be lost to them (maybe it will, but at what cost will it be found?)  All great food for thought.  Back to my contract problem &#8212; which arises from a particular type of drafting short-cut which will always short-change clients &#8212; the use of form language for &#8220;standard&#8221; contract provisions.  Probably never &#8220;good enough.&#8221;</p>
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		<title>By: Dan Michaluk</title>
		<link>http://www.law21.ca/feeder/?FeederAction=clicked&amp;feed=Comments+on+Articles+%28RSS2%29&amp;seed=http%3A%2F%2Fwww.law21.ca%2F2008%2F08%2F25%2Fthe-rise-of-good-enough%2F%23comment-186&amp;seed_title=The+rise+of+good+enough/comment-page-1/#comment-186</link>
		<dc:creator>Dan Michaluk</dc:creator>
		<pubDate>Wed, 27 Aug 2008 00:03:45 +0000</pubDate>
		<guid isPermaLink="false">http://jordanfurlong.wordpress.com/?p=528#comment-186</guid>
		<description>Thanks for the thought-provoking post Jordan, which I read over breakfast this morning.  I agree with your perfectionism thesis, but the bit on employment lawyers got me thinking on the bike ride into work and caused me to come up with these two thoughts.

First, its worth noting that perfectionism can be the opposite of professionalism, because if you&#039;re going that extra mile for yourself (be it to satisfy your insecurities, your interest in the subject matter, your need for hours or whatever), you&#039;re not serving your client like you should.  I&#039;m a proud member of the labour and employment bar, and as the GC&#039;s quoted in Originate! might appreciate, we&#039;re good at pragmatic service by necessity.

Second, I&#039;m not sure I draw the link to e-discovery in the same way.  To me, the e-discovery practice issues relate to a different pair of p-words:  proportionality and professionalism.  As I understand the concept of proportionality, it&#039;s about tailoring procedure (by express rule or principle) to some measure of litigation value.  And though running a file through a streamlined process may cause a perfectionist some stress, the compromise in truth-seeking is demanded by procedure rather than person.  The perfectionist lawyer is just along for the ride (or better be).  As for the second p-word - professionalism - my view is we&#039;re dealing with basic competency issues and a resulting need for specialization.  Sadly, our profession hardly has a clean record when it comes to e-discovery foul ups, so this may be more about hiring the right lawyer, firm or service provider than simply hiring one of us.

Thanks again.  I&#039;m enjoying your always relevant and insightful blog!

Dan</description>
		<content:encoded><![CDATA[<p>Thanks for the thought-provoking post Jordan, which I read over breakfast this morning.  I agree with your perfectionism thesis, but the bit on employment lawyers got me thinking on the bike ride into work and caused me to come up with these two thoughts.</p>
<p>First, its worth noting that perfectionism can be the opposite of professionalism, because if you&#8217;re going that extra mile for yourself (be it to satisfy your insecurities, your interest in the subject matter, your need for hours or whatever), you&#8217;re not serving your client like you should.  I&#8217;m a proud member of the labour and employment bar, and as the GC&#8217;s quoted in Originate! might appreciate, we&#8217;re good at pragmatic service by necessity.</p>
<p>Second, I&#8217;m not sure I draw the link to e-discovery in the same way.  To me, the e-discovery practice issues relate to a different pair of p-words:  proportionality and professionalism.  As I understand the concept of proportionality, it&#8217;s about tailoring procedure (by express rule or principle) to some measure of litigation value.  And though running a file through a streamlined process may cause a perfectionist some stress, the compromise in truth-seeking is demanded by procedure rather than person.  The perfectionist lawyer is just along for the ride (or better be).  As for the second p-word &#8211; professionalism &#8211; my view is we&#8217;re dealing with basic competency issues and a resulting need for specialization.  Sadly, our profession hardly has a clean record when it comes to e-discovery foul ups, so this may be more about hiring the right lawyer, firm or service provider than simply hiring one of us.</p>
<p>Thanks again.  I&#8217;m enjoying your always relevant and insightful blog!</p>
<p>Dan</p>
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		<title>By: Benjamin Wright</title>
		<link>http://www.law21.ca/feeder/?FeederAction=clicked&amp;feed=Comments+on+Articles+%28RSS2%29&amp;seed=http%3A%2F%2Fwww.law21.ca%2F2008%2F08%2F25%2Fthe-rise-of-good-enough%2F%23comment-187&amp;seed_title=The+rise+of+good+enough/comment-page-1/#comment-187</link>
		<dc:creator>Benjamin Wright</dc:creator>
		<pubDate>Tue, 26 Aug 2008 03:48:17 +0000</pubDate>
		<guid isPermaLink="false">http://jordanfurlong.wordpress.com/?p=528#comment-187</guid>
		<description>Jordan:  Knowing e-discovery is inevitable, I argue an enterprise can use technology proactively to make its e-records more benign.  What do you think? --Ben
&lt;a href=&quot;http://hack-igations.blogspot.com/2008/05/nix-smoking-gun-e-discovery.html&quot; rel=&quot;nofollow&quot;&gt;http://hack-igations.blogspot.com/2008/05/nix-smoking-gun-e-discovery.html&lt;/a&gt;</description>
		<content:encoded><![CDATA[<p>Jordan:  Knowing e-discovery is inevitable, I argue an enterprise can use technology proactively to make its e-records more benign.  What do you think? &#8211;Ben<br />
<a href="http://hack-igations.blogspot.com/2008/05/nix-smoking-gun-e-discovery.html" rel="nofollow">http://hack-igations.blogspot.com/2008/05/nix-smoking-gun-e-discovery.html</a></p>
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