This is a special guest post by Dave Maxfield. Dave is a a partner with Trotter & Maxfield, Attorneys in Columbia, South Carolina.
Dave has been an avid Mind-Mapper for several years. He has taught mapping techniques to law students and faculty at the University of Colorado, the Marshall-Wythe Law School at the College of William & Mary, and at UCLA. He has produced video CLE presentations on mapping for the South Carolina Bar, is the author of “MindMapping for Lawyers” (S.C. Lawyer Magazine, 2010) and is the author and was co-presenter of “Visual Mapping & the Law” at the American Association for Justice’s “Litigating Truck Collision Cases” Conference, New Orleans, 2010 and a speaker on Mind-Mapping for Lawyers at the ABA Techshow in Chicago, in April 2011.
Regulars to this site know firsthand the benefits of mapping. We know that:
- Maps allow us to collect and organize huge amounts of information
- Maps make complicated facts and ideas easier to understand (and give us a way to think concretely about how ideas and events fit together)
- Maps communicate ideas and information to others
- Maps improve our recall.
The academics among us can, I’m sure, point to various studies that explain why mapping is such an effective way to think and work. Theories are interesting, but as a trial lawyer, I want a method that works. And, in 16 years of practice as a trial lawyer, nothing I’ve found works better than mapping.
What do lawyers (particularly litigators) actually try to do? (No, not bill 2800 hours per year). We seek a favorable result for our clients. We make this happen by:
- Collecting as much information as possible
- Organizing that information (what helps, what hurts, what matters, what doesn’t); and,
- Presenting that information in the most compelling manner possible to the finder of fact (judge or jury).
Mapping allows lawyers to do this in one place.
The map is the container for the case
A map can be the single “container” for all case information (witnesses, legal research, legal claims and elements, documents, theories, arguments, etc.). This approach ensures not only the cardinal rule of information management (don’t lose the information!) is obeyed, and can later be found. When we learn a new fact, into the map it goes. Instead of having information scattered across notes, memoranda, folders and subfolders, all of the case information is present on one giant (and searchable) page.
The map is the visual interface for thinking and organizing
A lawyer may not know where new information fits into his case. As information accrues, though, patterns and meaning start to emerge. A witness’s statement begins to make sense in light of the information around it. Since mapping software allows nodes or “bits” of information to be dragged around and attached to other information, the process of building a case becomes like putting together a jigsaw puzzle. The database capabilities of the software then allow that information be to tagged, sorted, and filtered in different ways (e.g., filtered to show only that which “Witness A” knows regarding the issue of “Design Defect.”) Little by little, the lawyer can actually see his case being built.
The map is the vehicle for presenting
Presentation’s where the rubber meets the road for trial lawyers. Lawyers deliver statements, present witnesses, and argue motions. Of course, Lawyers can (and do) go on and on explaining their cases to the jury: “We have sued the Defendant for negligence. Negligence has four elements, duty, breach, proximate cause, and damages. A legal duty is defined as….blah, blah blah.” Or, the lawyer can simply show the jury:
Maps improve recall
Lawyers work on cases in “fits and starts.” The reality of trial practice is that rarely does a lawyer have time to devote uninterrupted hours to one case. Since work on a case may be interrupted by long periods of time attending to other matters, getting back up to speed quickly when returning to the case is critical. Having to re-read pages of notes is inefficient. In contrast, the visual format of a mind map brings almost instant recall of the relevant facts, parties, and issues, similar to the recognition that occurs when looking at a familiar picture or painting.
Conclusion
With the robust capabilities of mind mapping software, mind maps aaccelerate and improve the understanding of a case through all of its phases (collection, analysis, and communication) and provide the power to convince decision-makers that your is entitled to prevail.