BBI of Chicago
The solving of complex problems in Consultative Business Lawying
By: Camila dos Santos Oliveira.
Advocacy consultative aims to deliver the solution that best fits the current legislation and its economic and structural possibilities to the client. Lawyers who work in Business Law are confronted daily with the most diverse types of problems that relate both to the activity practiced by the company and to the fulfillment of legal requirements or to the corporate structure itself.
In this context, professionals work with highly complex problems, whose best solutions can be found through the Seven Steps to Complex Problem-Solving methodology, which suggests a sequence of steps to funnel the issue, until obtaining the sought answer.
The first step of this method is to define what the problem is and identify its root cause. In the exercise of legal activity, we can achieve this objective through the analysis of current legislation, and the available doctrine, as well as through the observation of judgments already rendered by the Courts.
Once the problem is defined, it is constructed by segmenting it into smaller and simpler parts. Subsequently, these parts are analyzed and classified by assigning grades according to the criteria of severity, urgency, and the tendency - GUT Matrix methodology. Together with the analysis of the GUT Matrix, we can associate the technique known as the Pareto Diagram or 80/20 Principle, which teaches that 80% of the consequences stem from 20% of the causes (CAMARGO, 2018).
After identifying the most crucial parts for the solution of the complex problem, it is time to organize the analysis and plan the actions that will be taken. The planning must be carried out by the attorney and it must be based on the legal and jurisprudential framework of the subject and the client's financial and structural availabilities, given that it is useless to identify a perfect but impracticable solution.
With the problem identified and analyzed, and the possible solutions and their importance ranking established, it is time to present the solution to the customer and make the necessary recommendations. For that, we can use the Pyramid Strategy, through which the communication is structured in three parts, the first being related to saying the answer in a direct and objective way, the second related to the grouping and summarization of the main arguments that supported the response and the third is related to the logical organization of the ideas that support the arguments.
In legal activity, attributes such as knowledge, planning, and good communication are required from professionals, and attorneys can and should make use of the best strategies in the business world for their differentiation and prominence in the job market.
Adopting the methodology of the Seven Steps for Solving Complex Problems allows the professional to find the best recommendation to be made to the client, as well as to communicate clearly and effectively, providing him with the desired security and service.
CAMARGO. Robson. Diagrama de Pareto: o que é e quando você deve usá-lo?. Robson Camargo Projetos e Negócios, 2018. Available at: <https://robsoncamargo.com.br/blog/Diagrama-de-Pareto-o-que-e-e-quando-voce-deve-usa-lo>. Accessed on August 26th, 2021.
TORRES. Tatiana. Os Sete Passos da Resolução de Problemas Complexos. Business Behavior Institute of Chicago. 2021. Available at: https://bbialunos.com/pluginfile.php/64697/mod_resource/content/1/Apostila%20-%20M%C3%B3dulo%202%20pos%20gestao.pdf. Accessed on August 26th, 2021.