I have no truck whatsoever with the spoliation of evidence
, but products like "document retention audits," or "legal bill audits" always left me scratching my head. So when the Wall Street Journal
featured an article this past weekend on the latter, I had what may be an unusual reaction to it. It inspired what will be a continuing series of posts over at Legal Profession Blog
. Here's a taste:
This is too big a topic to handle in one blog post, but I want to lay some groundwork first, and then in later posts come back to the relationship between business law, business lawyers, and the theory and pedagogy of creative solutions to complex problems. Not to hide where I stand (because it may be a while before I get back to it), there's nothing wrong, per se, with legal audits or document retention programs. I merely think that they are tired and uncreative solutions to problems. I have been thinking about the theoretical issues for a long time; nascent ideas about pedagogy are the result of a conversation I had yesterday about the courses you might build into a cutting edge business law curriculum, one of which might be an advanced seminar in creative problem solving techniques.