Canadian Lawyer - sample

w w w . C A N A D I A N L a w y e r m a g . c o m M A Y 2 0 1 7 19 right problem, we can dive into uncover- ing solutions. This is where the thinking- out-of-the-box happens. It's where design thinkers brainstorm as many ideas as they can as quickly as possible. The idea is not to find a single practical solution at this stage; it's to explore pos- sibilities. Brainstorming stretches think- ing beyond our usual analytical frames of reference to come up with new and possibly untried designs and solutions. To reach a different kind of solution, you have to use different kinds of think- ing (to paraphrase Einstein). Instead of waiting around for the eureka moment to happen, brainstorming helps engage the other parts of our thinking. The use of trigger questions during these design- thinking sessions can elicit new ideas, from questioning assumptions (what if we didn't do it the way it's always been done?) to exploring extremes (what if software could be patented and seen as a machine rather than an abstract intellec- tual concept?) and on to pretending to be somebody else (what if we were on the other side of this transaction or case?). What wows? This is where creative problem-solvers prioritize the ideas generated to find out which of them "wows!" (It's not a word that often comes up in legal services, I admit.) But here it means finding the sweet spot between "valuable, doable, scalable and defensible." To move for- ward into the next phase, the idea must be valuable (to the client), it must be achievable by the lawyers involved, it must be applicable and scalable to the specific facts of the case and it must be defensible (to manage risk and oper- ate within ethical frameworks). This is known as "assumption testing" of our hypotheses. This engages more of our familiar analytical and legal reasoning in order to test future possibilities and outcomes of the drafting or solution. What works? The final phase is often known as "pro- totyping" — testing in the real world by creating a physical experiment. There is nothing like testing with a physical mani- festation of your idea to see whether it will actually work. It's even better if you're able to get others to use the system and see which bits make sense to them and which don't. Sense-checking your inno- vative thinking or drafting with other smart lawyers/your client can be invalu- able in this phase. What now? Design thinking is a powerful practice to turn to when you need out-of-the- box thinking. If you want to innovate, then it's pretty easy to get started with some simple techniques for thinking about what is, what if, what wows and what works. The design thinking tool- kit is big, and as more lawyers develop experience using it, we can take on even bigger challenges and radically rethink how firms serve their clients. Kate Simpson is national director of knowledge management at Bennett Jones LLP, and she is responsible for developing the firm's KM strategy and initiatives. The opinions expressed in this article are her own. © 2017 Thomson Reuters Canada Limited 00241QI-85222-CE What can you do about cyberfraud? Eliminate the element of surprise. Order # 987799-65203 $98 Softcover approx. 250 pages April 2017 978-0-7798-7799-7 Shipping and handling are extra. Price(s) subject to change without notice and subject to applicable taxes. Recognizing scams and attacks is the first step in raising a barrier against cyberfraud at work and at home. But how do you keep up with the ever-evolving schemes of online fraudsters? Benefit from the insights of an industry veteran, a trusted cybercrime expert and corporate security advisor to Canadian organizations. The Canadian Cyberfraud Handbook: A Professional Reference classifies a technique, describes the outcome, suggests avenues for avoiding this type of event, and offers potential options for reducing its impact. In this first Canadian guide, you get a clear and concise look at cyberfraud − what it is and what your role is in identifying abuses and reporting breaches. New Publication The Canadian Cyberfraud Handbook: A Professional Reference Claudiu Popa AVAILABLE RISK-FREE FOR 30 DAYS Order online: www.carswell.com | Call Toll-Free: 1-800-387-5164 | In Toronto: 416-609-3800

• Cover