how to think like lawyer

by Erick O'Kon 9 min read

  1. Be tolerant. Oftentimes, an attorney will be given a case that does not align with their personal beliefs and values. ...
  2. Be pragmatic. Pragmatism is critical for thinking like a lawyer. ...
  3. Be logical. In order to make effective arguments, an attorney at law has to look at all possible angles. ...
  4. Be engaged.

So what have we taught you? 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.

Full Answer

What does it mean to "think like a lawyer"?

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. ...

What is it really like to be a lawyer?

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.

What being a lawyer is really like?

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.

Why should you should become a lawyer?

  • Opportunity to Help Others. Furtherance of public good and ensuring justice and fair treatment to all and sundry in the society by duly helping individuals, groups and organizations with their ...
  • Knowledge of the law. ...
  • Command over speech. ...

image

How do I know if I'll like being a lawyer?

You work well with others. That's right—being a lawyer means working with people! ... You can persuade others. The ability to persuade=the practice of law. ... You are independent and self-disciplined. ... You can endure the grind. ... You don't take things at face value. ... You must be able to network.

What personality is best for being a lawyer?

Below are ten traits that are common to the best lawyers in the United States.Passion for the Job. ... Compassion for Clients. ... Great Communication Skills. ... Willingness to Listen. ... Knowledge of the Law. ... Strong Writing Ability. ... Creativity. ... Good Judgment.More items...•

What are the 3 most important skills that you think a lawyer needs?

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...•

How do you think like a lawyer bicat?

The five steps to the B-I-C-A-T Method are:Break the problem down.Identify your values and your aim.Collect lots of information.Argue both sides of each point.Tolerate the fact that people may disagree with your choice and that you might feel conflicted about your decision.

What are the weaknesses of a lawyer?

WeaknessesSkills gaps.Poor work habits.Client development.Negative personal characteristics.

What are 5 things lawyers do?

DutiesAdvise and represent clients in courts, before government agencies, and in private legal matters.Communicate with their clients, colleagues, judges, and others involved in the case.Conduct research and analysis of legal problems.Interpret laws, rulings, and regulations for individuals and businesses.More items...•

Is law a good career?

Law as a profession is in great demand these days. Due to the changing social and economic circumstances and the ever-increasing regulatory role being undertaken by the government there is a rising demand for the lawyers. Besides being financially lucrative, Law is an adventurous and exciting career option.

Are lawyers logical?

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.

What is difficult about being a lawyer?

The Stress Deadlines, billing pressures, client demands, long hours, changing laws, and other demands all combine to make the practice of law one of the most stressful jobs out there. Throw in rising business pressures, evolving legal technologies, and climbing law school debt and it's no wonder lawyers are stressed.

How to think like a lawyer?

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. We learned how to narrow and intensify our focus. And in the Pavlovian spirit, we were rewarded when we performed these tasks well and ridiculed when we performed them poorly. The process taught us how to think defensively: We learned how to protect our clients (and ourselves) and why we needed to proceed slowly, find the traps, measure, and calculate the risk. And, above all, we learned to never, ever let the opposition see you sweat!

What did we learn from thinking in a new way?

Having learned to think in a new way, we had less tolerance for ambiguity. A new mental structure was forming—a new set of lenses through which to view the structure of human affairs. It was everything we had hoped for—a quantum leap forward; a kind of intellectual transcendence. We had every reason to believe that soon we would be paid to think.

Understand the Bigger Picture

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.

Give Yourself Time to Think Even under the Gun

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.

Don't Go through Life with a Red Pen in Your Hand

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.

Take Stock of Your Resources

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.

Don't Forget the Narrative

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.

Sweat the Details. Then Don't Sweat the Details

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.

1. Be tolerant

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.

2. Be pragmatic

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.

3. Be logical

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.

4. Be engaged

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.

What to remember when training to become a lawyer?

Every lawyer I know studied a case that personally affected him or her during law school.

What did Elizabeth Mertz discover about the process of teaching students to think like lawyers?

Anthropologist and law professor Elizabeth Mertz studied students at various law schools, and discovered that at each school, the process of teaching students to think like lawyers encouraged them to adopt a purely analytical approach, instead of relying on their moral values. This style of reasoning distanced students from their emotions and values, and as a result, students became isolated and were less likely to ask others for support. [5]

Is there a lawyer who is always happy?

There is no lawyer who is always happy. That would be pathological. As you progress during your legal career, give yourself the “permission to be human.” [8] If you find yourself turning to substances during your career because of the stress of your profession, take a moment and think about what it really means to think like a lawyer.

Do law students have mental health issues?

By graduation, however, the proportion of law students with serious mental health and substance abuse issues had quadrupled. [4]

Is drinking a problem for lawyers?

The statistics are sobering: drinking is a problem for one out of three lawyers, and over thirty-two percent of lawyers under 30 qualify as problem drinkers. [1] A study by the American Bar Association and the Betty Ford Foundation found that 28% of lawyers struggle with depression, 19% reported experiencing anxiety, and 23% said they experience stress.

Who wrote the book "Think like a lawyer"?

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 ...

What is the basic pattern of legal reasoning?

Levi writes: “The basic pattern of legal reasoning is … reasoning from case to case. It is a three-step process … : similarity is seen between cases; next the rule of law inherent in the first case is announced; then the rule of law is made applicable to the second case.”

What to do during 2L year?

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.

image

Introduction

Challenge The Conclusions Drawn from Facts

  1. Thinking like a lawyer also requires using judgment. Just because a logical argument can be made doesn’t mean that argument is good. Judgment is necessary to determine whether a given line of reasoning or conclusion is in anyone’s best interests or advances society as a whole, or if it’s destructive and dangerous. Thanks! Helpful 3 Not Helpful 0
  2. Thinking like a lawyer can be helpful in many different contexts. However, cold, rational critic…
See all 2 warnings on www.wikihow.com

Dispute Whatever Something Is A Fact

  • Law school spend three years and people spend thousands of dollars trying to learn to think like a lawyer. In this article, I’m going to teach you how to do it in three steps. Before I do it I’m going to tell a story and it will illustrate my point. Someone goes to a math teacher he says two plus two equals what? The math teacher says well that’s e...
See more on lawtypes.com

Conclusion

  • The first thing lets a guy is driving and he’s arrested by a police officer for drunk driving and comes to court and they say he has red bloodshot eyes. His defense lawyer accepts that as a fact in other words a fact is something that is accepted nobody’s disputing whether or not his eyes were bloodshot or not. In those instances what lawyers tend to dispute is well what interpretatio…
See more on lawtypes.com

FAQs

  • The second thing that lawyers do is argue about whether or not something is a fact. Did they dispute something to be a fact? Let’s go back to the bloodshot eyes. Officer hammer comes to court and he says this man had red bloodshot eyes at the time of his arrest. A defense lawyer at this time doesn’t accept that it’s a fact. He brings in the accused friend who was with him all nig…
See more on lawtypes.com