Conscious Contracting for lawyers with Fernanda Guerra

A conscious contract humanizes conflict and trauma, and instead of scary clauses designed to create fear, the contract starts from a place of love and empathy and empowers users to resolve issues in a way that works for them. 

Conscious contracting is a values-driven contracting process where the parties, instead of the lawyer, identify the relationship they want to have – and acknowledge at the outset that the relationship will come with conflict, pain, and trauma. Instead of traditional conflict resolution clauses, a consciously written contract establishes how the parties behave and how they prefer to resolve conflict in the relationship.  The contract is binding, and it’s unique to the parties, their personalities, and their preferred way to interact when things get bumpy. 

This week on Legal Design IRL, Fernanda Guerra and I talked about conscious contracts, and why it’s essential lawyers leave their assumptions about contracts at the door and listen to their clients so they can design contracts that work for users, not just lawyers and judges.

Fernanda Guerra is the creator of SER, legal learning, and the founder of the firm Fernanda Guerra Advocacia. She serves as the Correspondent in Brazil for Cutting Edge Law Enterprise Inc. and is a Guest Professor at the EMERJ. Fernanda is also a Plain Language Association International and Clarity International member. In addition to her extensive legal career, she is a co-author of the books Trauma – Informa Law, published by the American Bar Association, and Law and Social Transformation, published by Foco.

Tune in and learn about conscious and values-led contracts that are legally binding.

The things we discuss are listed below.

1. What is Conscious Contracting and why it matters 
2. How to align contracts with your values and shared purpose
3. Real-life examples of conscious contracting in action 
4. Tips for integrating conscious contracting into your legal processes
5. Connect with Fernanda Guerra on LinkedIn.

Legal design thinking: IRL. Episode 59

Hannele Korhonen is the founder of Lawyers Design School and Contract Design School and the host of Legal Design IRL (In Real Life). 

Legal Design IRL is a weekly live episode featuring outstanding industry professionals doing incredible work in the areas of Legal and Contract Design, mindset, innovation, and managing change in a traditional legal environment. Legal Design IRL is an opportunity to let your mind wander and explore advancements, opportunities, and new ways of doing. It gives lawyers time to reflect.

If you enjoyed the talk, join Hannele Live every Wednesday at 8 a.m. ET on LinkedIn. The chat is open.

Lawyers Design School is a learning hub for lawyers and legal teams to adopt the skills and mindset of legal design. The workshops, courses, and coaching guide people through the transition from learned legal methods and mindsets to design a new life in legal. With comprehensive classes, interactive workshops, and complimentary weekly sessions of Legal Design IRL interviews, lawyers get demonstrations of design thinking and innovative strategies in real-world contexts. If you’re a design-led lawyer with a voice inside you saying, “I’m ready to add more.” you’ve got friends here.

Learn more about  Legal Design and Contract Design and how they can transform your work and career in the law. Courses are open now.

You can catch a replay of episode 59, Legal Design Thinking: IRL, or join me live next week and ask questions. 

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Prefer email? Drop me an email at [email protected]. While you’re here, peek at the Lawyers Design School and check out other ways to use legal design thinking to grow your law firm and thrive in your business.

Watch all the Legal Design IRL Episodes episodes.