At Bona Law, nobody owns any ideas. If I come up with an argument for a brief, it isn’t the Jarod-Bona idea. If a client or a paralegal or a junior attorney or my six-year-old son tells me that the strategy that I have set on a complex antitrust case has a flaw, he or she is not criticizing my idea or strategy.
When someone owns an idea they have a stake in defending it, even if new or different ideas or new information makes the old idea not worth supporting. If you want to optimize strategy, arguments, or anything else when you represent a client, you can’t cling to ideas or theories that no longer represent the best thinking.
That is why at Bona Law, I strongly encourage and remind everyone to criticize current ideas and to present new ones. Each person has a unique life experience, perspective, and focus, so anyone on the team can improve any aspect of a case, from the grammar, formatting, or punctuation of a sentence, to the overall strategy of a series of complex antitrust actions. Each person is welcome to support or criticize any idea because none of us owns any of them.
That approach is also important because we all have blind spots such that someone else’s fresh perspective will see a large smudge that you might miss on a paper that you have been staring at all day. That is part of why I recommend that you hire a separate appellate attorney.
But changing your mind isn’t just about a fresh perspective to something you may have missed, though that is significant. Sometimes new information should cause you to rethink your initial idea, even if your convictions were firm. Even better, with time you should develop greater knowledge, wisdom, and insight. You should also be exposed to the perspectives of more people, whether through actual interaction, literature, podcasts, biographies, and everything else.
Anyone that clings to a past idea when new information and their own development makes that idea foolish is, in fact, a fool.