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California Western School of Law

Problem solving

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Encouraging Physician-Attorney Collaboration Through More Explicit Professional Standards, Linda Morton, Howard Taras, Vivian Reznik Jan 2008

Encouraging Physician-Attorney Collaboration Through More Explicit Professional Standards, Linda Morton, Howard Taras, Vivian Reznik

Faculty Scholarship

In this age of multi-layered global problem solving, the skill of working with other disciplines is a necessary tool for any professional. Societal ills can no longer be solved by narrow approaches learned in graduate training but call for interdisciplinary collaboration. Effective collaboration of this nature requires the professions to understand the differences in professional cultures and to bridge the communication gap caused by these differences.

Legal and medical training offer useful, but often conflicting, approaches to problem solving, thus, potentially impeding our abilities to understand and communicate with others regarding a shared issue or problem.

Though each profession has …


Three Modes Of Legal Problem Solving–And What To Do About Them In Legal Education, Thomas D. Barton Jan 2007

Three Modes Of Legal Problem Solving–And What To Do About Them In Legal Education, Thomas D. Barton

Faculty Scholarship

Legal problems are addressed in at least three basic ways, or modes, each of which is associated with a particular "tense": (1) through judgment, an authoritative decision pronounced by an empowered third party concerning the legal significance of past behaviors; (2) through consent, a "present tense" resolution in which the parties to a legal concern resolve it privately by negotiated or mediated agreement; and (3) through prevention, a future-oriented process that designs contracts, legal arrangements, compliance regimes, education and training programs, organizational structures, or even physical environments so as to keep legal risks from erupting into injuries or legal liability. …