There are a number of times where I’m in a discussion with my wife and she’ll say, “you’re thinking like a lawyer.”  It’s as if she snaps her fingers to get me out of a trance.  Here’s how the trance sounds:  “The law says ….” “Do you know what the legal risks are?”  “What about litigation?”  “You need to do this to protect yourself from a lawsuit.” “The law could be looked at this way or it could be looked at another way.”

But the snap of the fingers is a reminder to me that there is so much more than thinking like a lawyer.  After-all we’re all human.  We’re born with an innate sense of right and wrong.  We know what honesty is.  We know what fairness is.  We know what compassion is.

But why do lawyers forget about all this and become some focused on the threat that someday the contract, the statement, the email, or something else may end up in court.  I think that it’s important to explain to clients the legal risks, but the advice should not stop there.  It should also include a discussion about honesty, fairness, compassion, and  the like.  You’ll be a much better lawyer for doing so.

That’s what the University of Michigan Health System does (see MSNBC article).  They admit mistakes up front and offer compensation before being sued.  And guess what?  They’re saving lots of money with this approach.  More importantly, they’re creating good will and good feelings with their patients.  Think about the time they save.  The time spent going to depositions and to court.  The time spent managing outside counsel.  The time spent gathering records for interrogatories.  On top of that, this approach removes the anxiety and stress of a lawsuit.

This all is very good legal advice.  I’m sure the lawyers explained the legal risks associated with this approach.  I’m sure they made the hospital aware of the laws.  I don’t know if they advised the hospital on this approach, but if they did, it looks like it has achieved good results.  To me that seems much better than advising them to prepare for the battle of litigation.