The McKenzie Method
Q2 2026
Training Our Team and Yours For Elite Advocacy
Opening Message
At McKenzie PLLC, we are constantly refining how we think, communicate, and execute on the front lines of litigation.
Each quarter, we share what’s working - and where we’re improving - so that together we can continue to challenge the old-school defense model and deliver Elite Advocacy.
What’s Working: Using Loss Aversion to Drive Resolution
One of the most effective tools we’re seeing right now comes from behavioral economics: loss aversion.
Researchers like Daniel Kahneman and Amos Tversky demonstrated that people feel the pain of loss more strongly than the reward of gain.
In litigation, this matters.
Plaintiffs often anchor to upside. But decisions shift when the focus becomes what they stand to lose.
We’re seeing better outcomes by:
- Framing negotiations around downside risk, not just compromise
- Highlighting what may be lost if opportunities are missed (timing, leverage, policy limits)
- Creating contrast between certainty today vs. risk tomorrow
- Timing communications to hit at key decision points
This isn’t about pressure - it’s about clarity.
When risk becomes real, resolution becomes rational.
How We’re Improving: Getting the Right People on the Bus
As we’ve grown, one of the clearest lessons has been about people.
In Good to Great, Jim Collins explains:
Get the right people on the bus, the wrong people off the bus, and the right people in the right seats.
Early on, I made the mistake of holding on too long to team members who weren’t operating at the level required. That wasn’t kindness - it was misalignment.
It slowed the team down. And it kept those individuals from finding roles where they could truly thrive.
Here’s what we’ve learned:
- You can’t motivate people - you can only steer motivated people
- Clarity is kindness, even when it’s hard
- The right team compounds performance; the wrong fit dilutes it
Books like Who Not How reinforce this: success comes from finding the right who first.
Going forward, we are:
- Hiring faster and more decisively
- Setting clearer expectations upfront
- Aligning people with roles that match their strengths
- Building a team of self-driven, high-performance professionals
The result is a stronger, more focused firm - built to serve you better.
