The game of chess is incredibly challenging. You’ve probably heard the (not so) old saying “easy to learn, hard to master” applied to chess; you can learn the rules of the game as a child, but for most of us, it takes decades to reach peak skill. While chess is a difficult game that requires strategy, tactics, forethought, and innovation, it’s not terribly complex - chess programs that are as good as Grandmasters have been developed, and while chess isn’t a solved game, most human players lose when pitted against the best computer programs.

We’re talking about chess to form a distinction - a distinction between challenging problems and wicked problems. Challenging problems are all around us - in chess, in math, in science, and in many other domains. The thing about challenging problems is that there are a set of best or better answers. With wicked problems, things aren’t as clear-cut.

What are wicked problems, then? They’re problems that are particularly onerous to solve because they don’t share a particular set of characteristics. Wicked problems are unique; you can apply prior knowledge but no two wicked problems are alike. Wicked problems also have serious repercussions; unlike chess, there is no trial-and-error, and here, failure or success have real world consequences. Wicked problems must also be solved holistically; solving one element in a wicked problem affects some other problem and carelessness can generate many more wicked problems. Solutions to wicked problems will rarely affect everyone positively; sacrifices usually have to be made. There are also no set endpoints to wicked problems; they aren’t games and often have the improvement of subjective experiences as their goal. In other words, wicked problems are at their core, very human problems and they come with all the complexity inherent to humans and human interactions.

The law is actually a fairly novel solution to a very complex problem - how do we create rules to govern ever more complicated interactions between people in a way that mitigates behavior that’s toxic to society while preserving the rights of those who might be falsely accused? Complex problems have, at their essence, a form of mutability; the target is always moving and solving one problem creates another. To address this, the common law itself is mutable, always building upon previous cases. What’s more, there are safety valves in the form of legislators and upper courts.

You can think of many of your cases as being part of a solution to a wicked problem. Cases themselves contain a lot of the elements that make for a wicked problem; they’re all unique, there’s often no clear best strategy, and the path to victory can’t be calculated. There is, however, a clear endpoint, but keep in mind that this endpoint can affect many cases down the line.

Here at Attorneys on Demand, we offer local counsel services. These services offer a tool to deal with a wicked problem - the problem of differences between regions creating social divides. You may not know a particular courthouse and its customs very well and that might work against you when presenting a case. With our local counsel services, someone from the area who knows the courthouse staff will make an appearance for you.