What is a Solution-Focused Lawyer?

At Westwood Pacific Law PLLC, we call ourselves “solution-focused lawyers.” What does that mean?

It means having a more holistic and humanistic approach to the practice of law, focusing more on satisfying our clients’ needs and interests in a less-adversarial way, if possible, than going straight to court and fighting to “win” when the client’s interests can be better served with a different approach.

“A solutions-focused lawyer is a lawyer who prioritizes finding practical and effective solutions to legal issues…,” according to law practice management consultant Dan Bowman. “They understand the client’s underlying interests and goals, [and work] collaboratively to achieve the desired outcomes and manage risk.”

This often means not going straight down the litigation path, but exploring other available options. As Florida business lawyer Jay Farrow observes, “Lawyers are taught how to file … lawsuits, not how to avoid protracted litigation.” Being solution-focused means using other strategies, including investigation, negotiation, collaboration, and mediation, before filing suit or early in the case to avoid getting mired in protracted litigation.

In a nutshell, solution-focused lawyers are problem solvers. They are active, empathetic listeners, which helps them better understand their clients’ needs and interests. They are creative thinkers, open to exploring ideas and options instead of blindly following the litigation path, which helps them identify and explore other potential solutions. They are team-oriented, and work collaboratively with their clients and other team members (and even opposing parties and counsel when appropriate) to achieve sustainable outcomes for their clients. And they are learners, consistently seeking to improve their understanding of legal issues and approaches to conflict resolution so they can better serve their clients.

Even though they seek collaborative solutions, solution-focused lawyers are not “collaborative lawyers.” The idea of collaborative law (a process used most often in divorce cases) where the parties, their lawyers, and other professionals work together to resolve conflict and reach an amicable outcome without fighting in court, is nice; and when it works, it is a beneficial process for all parties, but it has a potential downside: Collaborative lawyers don’t represent clients in litigation. Clients in collaborative law cases agree in advance that their lawyers will not participate in litigation; if collaborative options fail and the case goes into litigation mode—such as if one party decides to file a motion to resolve a deadlock—collaborative lawyers are forced to withdraw, leaving their clients to find new lawyers. Not us. We will take a collaborative approach if it meets our client’s needs, but sometimes you find out after trying a collaborative approach that litigation is the right option, and want your lawyer to stick with you.

Some clients don’t want a solution-focused lawyer; they want a honey-badger lawyer who will attack the other party, file a lawsuit right from the start, and fight to “win” for them (and bill them heavily for the privilege, no doubt). That’s fine. There is no shortage of aggressive litigation attorneys ready to represent those clients, and if they want a hard-nosed litigator who will fight tooth-and-nail for an expensive, scorched-earth result, they should hire one.

Again, sometimes litigation is the right option; filing a lawsuit first can send the right message, and a show of strength can help resolve a dispute where a collaborative approach would not. Solution-focused lawyers aren’t averse to litigation; they just look at the “big picture,” think creatively, and try to find the best approach for their clients. If litigation-first is the best path forward for you, that’s the path we’ll take.

Being a solution-focused lawyer doesn’t mean we can’t be hard-nosed when we need to be. Lawyers have a duty to provide diligent and competent representation, and if that means being a staunch advocate for our clients in court, that’s what we do. But if there are options that can help resolve the case quickly and cost-effectively without going to court, we’re going to explore those options to get the best result for our clients.

If you’d like to find out more about our solution-focused approach, please contact us. We’d be happy to discuss your case and see how we can help you. Call us at (206) 420-2466 or email westwoodlawoffice@gmail.com to schedule a consultation.

This blog is intended for informational purposes only and does not constitute legal advice or an offer of representation. No attorney-client relationship is intended or created by this article. If you wish to obtain legal representation, please contact Westwood Pacific Law PLLC at (206) 420-2466 or westwoodlawoffice@gmail.com.