Practical Insights from an Empirical Study of Cooperative Lawyers in Wisconsin

Authors

John Lande, University of Missouri School of LawFollow

Abstract

This article proceeds as follows. After Part II describes the research methodology, Part III depicts DCI members' general orientation toward cooperation and their reactions to litigation-oriented and Collaborative Practice. This Part highlights the distinctions between the three types of practice. Not surprisingly, DCI members' interest in Cooperative Practice reflects some dissatisfaction with both litigation-oriented and Collaborative Practice. Part IV describes DCI members' accounts about Cooperative Practice, including their goals, how they define Cooperative cases, their views about appropriateness of Cooperative Practice, how cases are initiated, the number and characteristics of these cases, and the procedures used in Cooperative Practice. It also describes DCI members' complex views about what information is required or expected to be disclosed and how they handle these issues. Part V describes their views about how Collaborative and Cooperative Practice have affected legal practice generally. Part VI summarizes the results, with comparisons of DCI members' perspectives of litigation oriented, Cooperative, and Collaborative Practices, focusing on differences in mindsets, procedures, and outcomes. Finally, Part VII provides recommendations for each of these types of practice as well as for policymakers. This article recommends that Cooperative lawyers continue to refine their processes.

Recommended Citation

John Lande, Practical Insights from an Empirical Study of Cooperative Lawyers in Wisconsin, 2008 J. Disp. Resol. (2008)
Available at: https://scholarship.law.missouri.edu/jdr/vol2008/iss1/11