AskTheLawyers™
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Lawyers refer to why a law was made as its ''policy.'' The policy behind a law can be used to argue that new facts or circumstances should also fall under ... For example, suppose that in 1935, the city council enacted a law prohibiting vehicles in the public park. ... Thinking like a lawyer also means not taking anything for granted. ...
Long hours, frantic deadlines, and developing a thick skin are all part of the job, says Phoebe, who is currently working as a Senior Associate Lawyer at MinterEllison. She has a solid foot in the profession and recognises the highs and lows of the industry.
Despite the commonly held misapprehension that the lawyer is a litigious adversary, a lawyer is more often concerned with securing harmonious and orderly arrangements, and with avoiding and settling controversy, especially in regard to the drafting of contracts, wills, and other such documents.
Thinking like a lawyer means, in the first instance, thinking with care and precision, reading and speaking with attention to nuance and detail. It means paying attention to language, but also understanding that words can have myriad meanings and can often be manipulated.
Today, only four states — California, Virginia, Vermont, and Washington — allow aspiring lawyers to take the bar exam without going to law school. Instead, they are given the option to apprentice with a practicing attorney or judge.
As you enter your career, there are several skills you'll want to develop as a lawyer, including:Analytical and research skills. ... Attention to detail. ... Organizational skills. ... Time management. ... Persuasive communication. ... Written communication skills. ... Interpersonal skills. ... Technical skills.More items...•
Most lawyers will readily agree that to “think like a lawyer” is to think differently than others. For some, this is unsettling because the rational, analytical processes one gains while learning to “think like a lawyer” can make them feel that their core values are being challenged or even changed.
In this presentation, we will examine the four primary sources of law at the state and federal levels. These four sources of law are the United States Constitution, federal and state statutes, administrative regulations, and case law.
Kim Kardashian celebrated passing the “baby bar” with some cheddar bay biscuits. The reality star learned that she passed the First-Year Law Students' Examination in December 2021 while sitting in her car in front of a Red Lobster restaurant.
Lawyers and judges often use inductive reasoning when they analyze a series of specific cases to develop a general legal rule. Another form of critical thinking is reasoning by analogy. This process is based on the concept that similar facts or principles should lead to similar conclusions.
Good logical and analytical reasoning On a daily basis, they must be able to digest the law and its requirements, while forming arguments and reasoning to suit their client's cases — whether it be corporate law, criminal law, or family law, among others.
10 things you need to know before starting law schoolRead smarter, not harder. ... Always create your own notes. ... Introverts make good lawyers. ... Managing stress is a skill. ... The law is constantly evolving. ... Developing your legal research skills is essential. ... Opt for the 'most reasonable' option.More items...•
Compassion for Clients Without compassion for their clients, a lawyer will never reach their true professional potential. The top legal minds in the field almost invariably highlight compassion and service when they offer advice to law students and aspiring lawyers.
The best judges are, in a very real sense, non-judgmental. Your first job is not to decide; your first job is to listen. If you are careful to show the losing parties that they have been heard, their attorneys and, in the long run, the parties themselves will more easily accept your decision.
“Thinking like a lawyer” can practically assist you in everyday life, through minimising risks, maximising success and avoiding costly decisions: costly both financially and emotionally.
When asked why I became a lawyer, I usually say that it seemed like a smart thing to do. Unlike some of my law school classmates, I had no illusions of becoming either a great advocate or a legal scholar. All I wanted was a comfortable income and a respectable station in life. For me, law was a safe career choice, not a passion.
Thinking like a lawyer demands thinking within the confines of inductive and deductive forms of reasoning. As law students, we entered a world of rigorous dialogue in which abstractions are formulated and then described—usually leading to the discovery of a general principle or rule, which is then distinguished from another general rule.
I had just enough left-brain skills to get me through law school and the bar. The sheer mental gymnastics necessary are a tribute to the plasticity of the human mind. Yet it is worth pondering both what we gained from the process and what we may have lost. The values we learned in law school began to spill over into our personal lives.
Listen to this classic description of legal reasoning, which was published in The University of Chicago Law Review in 1948. Its author, by the way, Edward Levi, attended the University of Chicago for both his undergraduate ...
You may do trial advocacy or moot court during your 2L year. Separation-individuation: awareness of psychological differences and autonomy from parents (16 months to 3 years) This is when things get fun. During your 3L year—or for the precocious ones among you, your 2L year—you’ll hit your terrible twos.
Oftentimes, an attorney will be given a case that does not align with their personal beliefs and values. Practicing tolerance can help the attorney put aside their personal values for the good of the client, their work and / or career, and even the law itself.
Pragmatism is critical for thinking like a lawyer. Compromises are at the core of many practicing lawyers’ professional careers; coming to a settlement, reducing sentences - all of these are the result of lessons learned that trains the attorney to look at things from the big picture perspective.
In order to make effective arguments, an attorney at law has to look at all possible angles. Their success in the courtroom hinges on building a foundation of logic in support of their argument; if they can make a good case, they can sway even the most stubborn jury.
Lawyers have a reputation for being laser-focused, determined individuals. This makes sense if you look at it from a certain perspective. They are often career-minded; their goal is to deliver the desired results for their clients by defeating the logic and arguments of their attorney opponents.
A smelly boxing gym may seem like an unlikely place to start a story about thinking like a lawyer, but I’m not one to follow the conventional storytelling crowd. Most contemporary fans know Freddie Roach as the man behind Manny Pacquiao’s legacy, but Freddie has made a long career of being a Kingmaker in boxing.
One of the most valuable things a lawyer can give themselves is time to think. We are paid to evaluate the client’s circumstances under prevailing law, assess the risks, and advise on their options. It seems simple, but can be a daunting task.
If a law school course could ever be described as “fun,” first-year torts was just that. My torts professor had a particularly sadistic sense of humor and wicked imagination.
Approaching your practice as an endurance race is critical, and thinking like a good lawyer means always having a keen awareness of your resources at all times in that race.
The art of great persuasion requires narrative. Each problem you face has one. Our job is to craft our client’s side of the story to cast them in the best light and give them an advantage. But once you have created a narrative, take a step back. Thinking like a good lawyer requires exercising self-awareness.
A litigation partner I worked with early in my career had the same routine whenever I brought him a brief that we had slaved over for days. Just before filing it, I would anxiously hand it to him for a final look.