The published guidance on Identify Your Target runs from too-general marketing summaries to too-specific technical papers, with very little in between. This piece aims for the middle: enough specificity to be useful, enough breadth to be applicable.
This is for mediators who are tired of generic ‘develop your practice’ advice and want specifics about Identify Your Target specifically.
Mediation involving Identify Your Target often benefits from explicit education for both parties on the substantive issues before negotiation begins. A mediator who spends 20 minutes walking both parties through the basics of Identify Your Target levels the information asymmetry that often blocks productive discussion. This is education, not advocacy — and it’s a core mediator skill.
How Identify Your Target engagements begin
The intake conversation for Identify Your Target matters does most of the work of the engagement. Practitioners who run a structured intake — covering the client’s objectives, the timeline they’re working with, the co-professionals on the case, the data and documents needed, and the form the deliverable will take — produce engagement letters that hold their shape through the matter. Practitioners who run an unstructured intake produce engagement letters that get rewritten or absorb scope creep silently.
Document the intake. Either contemporaneous notes you keep in the file or a follow-up summary email to the client. Identify Your Target engagements involve enough small decisions across long timelines that working from memory six months in produces errors.
What happens in the middle phase
The middle phase of a Identify Your Target engagement is mostly about data gathering, analysis, and coordination. The data gathering involves requesting documents from the client and (often) from third parties through subpoenas or formal requests. The analysis involves working through what the documents reveal. The coordination involves keeping the attorney and other co-professionals informed.
Analytical work during the middle phase often produces interim findings that affect the engagement scope. A finding the client didn’t anticipate may open new questions; a finding consistent with expectations may close lines of inquiry. The engagement letter should anticipate these scope adjustments and provide a path for handling them without requiring full re-papering.
How the matter ends
The deliverable for a Identify Your Target engagement is the work product everyone will reference for years afterward. It needs to be defensible (your analysis can withstand scrutiny), readable (the client and any non-specialist can understand it), and complete (it addresses what the engagement was scoped to address). The deliverable usually takes 20-40% of the engagement hours; underestimating this consistently produces matters that run over time.
Review the deliverable with a peer before it goes out, especially in your first dozen Identify Your Target matters. A senior practitioner or a peer who has done similar work will catch things you didn’t notice — both substantive issues in the analysis and presentation issues that affect how the deliverable lands. For deeper reference, see ABA Family Law Section resources.
How specific situations change the standard pattern
Pro bono or reduced-fee Identify Your Target engagements present a specific risk: the temptation to deliver less rigorous work than the practitioner would for a paying client. Pro bono cases that go wrong because of insufficient analytical rigor damage practitioner reputation more than paying cases that go wrong, because the quality gap is visible.
Identify Your Target engagements vary along a few predictable dimensions: client sophistication (institutional client vs. unsophisticated individual), case complexity (single straightforward question vs. multiple intertwined issues), opposing-side cooperation (cooperative vs. adversarial), and timeline pressure (negotiated timeline vs. court-imposed deadlines). Each dimension affects how the standard engagement pattern needs to adjust.
Most practitioners who eventually own Identify Your Target in their market started without a clear plan and built it engagement by engagement. The plan that emerges in retrospect rarely matches the one they would have written at the start.
How VennBoard fits in
VennBoard supports the kind of case-management discipline Identify Your Target engagements benefit from: organized case files, integrated communication with co-professionals, deliverable versioning, and the kind of operational consistency that makes the difference between burning out at twenty matters and running a sustainable practice at fifty.
If you’re a mediator building a focus on Identify Your Target and looking for the operational backbone, visit VennBoard.com to see how it fits into your practice.