Miscellaneous

Who Cares?

By Anne Skove, Esq.

When it comes to court programs, who cares what attorneys think?

It's tempting to holler NOBODY! but we know better.

What attorneys think can make or break a program. Ray Madoff (who may or may not be changing his name soon) wrote a fantastic article, Mediating Probate Disputes: A Study of Court Sponsored Programs, Real Property, Probate and Trust Law Journal, vol. 38 (Winter 2004). He presents the basic structure and history of various probate ADR mechanisms in California, Georgia, Hawai'i, Texas, and elsewhere. He also includes attorney perceptions of each.

Why does it matter what attorneys think? It's simple. If they don't like it, they won't go. If they do like it, they'll use it. Buy-in, as we know, is crucial to implementing any program. In difficult (or really, any) economic times, buy-in is a constant process, not just for NKOTB but for any and all existing programs.

Does it work? Is there good data? Sustainability? Usefulness? Ask the attorneys! To paraphrase an old saying, If attorneys ain't happy, ain't nobody happy!

Full post as published by court-o-rama.org on April 20, 2009 (boomark / email).