Tools of the Trade

For some endeavors or professions, these will be easier to identify than for others.  For hikers, these would trail shoes, hiking poles, backpack, cell phone (camera, map, etc.), compass, Swiss army knife, watch, sunblock, sunglasses, insect repellant, backpack, water bottles, etc.  More advancer hikers might require carabiners, harnesses, etc. 

Fitness bootcamp instructors will create customized workout programs and might use, in a given workout, the TRX, weights, kettle balls, heavy ropes, heavy balls, heavy punching bag, tires, hammers, mats, spin bikes, elastic bands, rowers, foam rollers, etc. Music is a component as well. 

Students might use loose leaf paper, notebooks, folders, TI83 calculators, protractors (yes, these are still in use!), pens, pencils, pencil sharpeners, daily planners, organizers, laptops, good Internet access, index cards, outlines, study guides, etc.  

What about transactional lawyers? Here’s a list: yellow legal pads, pens (Pilot HI-TEC-C 0.3 is my favorite), pencils, laptop and/or desktop computer, small library (legal treatises and dictionary, Blue Book, etc.), online sources (e.g., Google Scholar) and databases (e.g., Westlaw), templates, clauses, outlines, checklists, intake forms, practice guides and playbooks, IP models, opens and fallbacks for a variety of technology deals, negotiation techniques and plans, a general knowledge base from decades of experience, etc.  These are the inputs.  What about the outputs?  Contract analysis, technical drafting, memoranda, negotiated contracts, training materials, good counsel, litigation avoidance, etc.  A good cup of coffee (e.g., Aramo, an Ethiopian single origin coffee from one of my local favorites, Liminal Coffee (https://liminal-coffee.com) is always helpful, especially when reviewing seemingly impenetrable agreements.  In a post, a friend, and a fabulous technology transactions lawyer, noted that the lawyer’s job is to predict, how, given the current state of the law, a judge might interpret a given contract: https://epic.law/the-object-of-our-study-is-prediction/

As a consumer of services, I could probably care less about the actual tools employed by the service provider. I am (much) more interested in the outcome, the final result, and that it be delivered as efficiently and efficaciously as possible. As a service provider, I am very interested in the tools. I take stock of them constantly, refine them as necessary, acquire new ones (at as reasonable cost as possible). My tools, and how well I use them, are part of my value proposition. It is always important to have the end product or service in mind (e.g., a successful, safe, and fun hike; a great, injury-free workout; an “A” in a tough class; a satisfied client just having signed an agreement that will enable its business, while intelligently limiting risk). But, how you get there will depend in large part on your tools. Be systematic and good luck!

 Comments welcome.