Aug 27, 2008 ¡ The old lawyer I met in the brewery was right: Learning to think like lawyers made us less capable of the kind of emotive thinking necessary to make creative choices, manage, and inspire people, and respond quickly to change. Fortunately, however, in learning how to think like lawyers, we learned how to learn â we became autodidactic.
Feb 26, 2015 ¡ Most of this intrepretation is enshrined in court opinions, which are oftentimes dry, usually dull, and very rarely well-written. A lawyerâs job is âŚ
Dec 02, 2007 ¡ To think like a lawyer, try to approach a problem from several different perspectives to gain new insight into the issue. However, avoid becoming emotionally involved in any one point of view, since it can lead to irrational thoughts that donât support the facts. For example, look at a given issue and attempt to argue both sides using logic ...
Aug 22, 2001 ¡ According to Frank, most people believe that the law itself is clear, but that hair-splitting lawyers introduce uncertainties as a means of manipulating the law to serve their clients' and their own interests. Law school, in the public mind, aims to displace common sense with legalistic pedantry. The public's view, Frank argued, is mistaken.
A lawyer's job is about argument. Very specific arguments. You see, America, like all English colonies, is a common law count. What that means is that courts, not legislators, get to interpret exactly what a specific law means. Judges write out what they think laws mean or how a law applies to a certain situation.
Seriously. There is a reason most trials are boring, and itâs because all lawyers are taught to do in law school is read and then write about the things we read. A huge hunk of a lawyerâs day â when we arenât arguing cases or talking clients out of doing really dumb things (âNo, you canât fire that person cause theyâre old;â âYes, they will catch you if you âsort ofâ break your probation terms"; or being told amazing, ridiculous stories) is taken up with writing pleadings, memos, and letters about what the law means and how it applies. You may think that the law is just what's in the statute books, but youâd be very very wrong.
When the media gets things wrong, it means that the general public has an inaccurate idea about what lawyers do, which makes our jobs harder, because clients have unrealistic expectations. So here I am to explain to you some of the realities of lawyering â or at least lawyering as I experience it.
Also, court stenographers don't exist in most places any more. Everything is recorded instead.
It's true that there are lots of opportunistic hacks out there, the ones that are in it just for the paycheck. But although some of us work for the money, it doesn't mean we don't care deeply about our professional ethics, clients, and that everyone gets the treatment in court they deserve. A good lawyer will always do their best for their client, and always listen to that client as well.
Not all of us consider ourselves crusaders for justice. Yes, many bright-eyed, bushy-tailed young people embark on law school with a dream of making the world a better place, but often, after law school, comes the crushing reality of rent and those extra crushing student loan payments.
Not only do most legal cases take forever, the end result is very rarely a dramatic trial. By some counts, 80 to 92 perent of civil cases settle out of court. And the same is true for criminal trials as well. There's a big reason for that: As cool as it is to think of having our Atticus Finch moment, most of us remember that Atticus lost that trial and would prefer to avoid that risk. After all, itâs a much safer bet to accept a deal that you know is okay, than to run the risk of getting nothing, or your client going to jail.
To think like a lawyer, try to approach a problem from several different perspectives to gain new insight into the issue. However, avoid becoming emotionally involved in any one point of view, since it can lead to irrational thoughts that donât support the facts. For example, look at a given issue and attempt to argue both sides using logic and the facts you have available to you. Finally, donât make assumptions about anything without facts to back it up, or take things for granted without asking, âWhy?â For tips from our Legal reviewer on how to use syllogisms and deductive reasoning to argue your point, read on.
Thinking like a lawyer also means not taking anything for granted. Understanding why something happened, or why a certain law was enacted, enables you to apply the same rationale to other fact patterns and reach a logical conclusion. ...
1. Deduce particular conclusions from general rules . Deductive reasoning is one of the hallmarks of thinking like a lawyer. In law, this pattern of logic is used when applying a rule of law to a particular fact pattern.
Lawyers refer to why a law was made as its ââpolicy.ââ. The policy behind a law can be used to argue that new facts or circumstances should also fall under the law.
Lawyers try to win a new case by demonstrating that its facts are substantially similar to the facts in an old case, and thus the new case should be decided the same way as the old case was.
Accurately spotting the issues is important to determine which facts are relevant and important. Emotions and sentiment can cause you to become attached to details that bear little to no importance to the outcome of the situation.
Law professors and practicing attorneys canât talk about âthinking like a lawyerâ without bringing up the 1973 film âThe Paper Chase .â In the film, Professor Kingsfield tells his first-year law students: âYou come in here with a head full of mush and you leave thinking like a lawyer.â Although law professors remain fond of telling students theyâre going to teach them how to think like a lawyer, you donât have to attend law school to enhance your own logic and critical thinking skills.
Law school, in the public mind, aims to displace common sense with legalistic pedantry.
In most instances, the law cannot be certain, because life is simply too complex for a lawmaker to anticipate all of the circumstances to which a legal norm might be applied.
First-year law students come to law school after twelve years of primary and secondary school, four years of college, and in many cases some additional years in the workforce or in graduate school. Why, then, should another three years of school be frightening? The answer is surely the mystery surrounding the Socratic method.
In The Paper Chase, Professor Kingsfield (memorably portrayed by John Houseman in the film version) tells his students: "You come here with minds full of mush â and leave thinking like a lawyer." But, what exactly does it mean to think like a lawyer?
Although most lawyers would probably side with Frank and against the myth of legal certainty, law school does pose a real danger for those students who absorb the wrong lesson â and come to resemble not Socrates, but the Sophists.
Even the most careful of lawmakers will not think of (or specifically address) some of the borderline cases, and the diversity of human experience will then require a nuanced judgment by lawyers.
Ms. Yavlinsky: I don't think so?
A know-it-all vibe. Lawyers are in the business of selling services of being smart and knowledgeable about the law. While confidence is key in âsellingâ yourself as a lawyer, that confidence can very easily slip toward into an arrogant, smarmy âknow-it-allâ-ness that most people despise. 2. Pessimism.
Lawyers have terrible personalities if you have one as a friend or SO in your personal life. They are insecure in person, therefore pretend-confident at work; they are horrific dates because they are so used to being billable that they feel like dating is transactional and therefore not worth any emotional investment; and they make sure they are right in any conversation, even when they are wrong. If you are picking careers, be a lobbyist, not a lawyer. You are welcome.
Highly competitive. You donât get to law school by being a schmuck in school . Lawyers are highly competitive, and this high level of competitiveness drives them to do crazy things like go through the pains of applying and attending law school.
Communication. A lawyer must be able to communicate effectively with a client. When a client asks for an explanation, the lawyer must provide it within a reasonable time. A lawyer must inform a client about changes in a case caused by time and circumstances. Fees.
How a lawyer should act, in both professional and private life, is controlled by the rules of professional conduct in the state or states in which he or she is licensed to practice. These rules are usually administered by the stateâs highest court through its disciplinary board.
Unnecessary delays can often damage a case. If, because of overwork or any other reason, a lawyer is unable to spend the required time and energy on a case , the lawyer should refuse from the beginning to take the case. A lawyer must be able to communicate effectively with a client.
If you believe you have a valid complaint about how your lawyer has handled your case, inform the organization that governs law licenses in your state. Usually this is the disciplinary board of the highest court in your state. In some states, the state bar association is responsible for disciplining lawyers.
In a lawyer-client relationship, acting responsibly involves duties on both sidesâand often involves some hard work. You have a right to expect competent representation from your lawyer. However, every case has at least two sides. If you are unhappy with your lawyer, it is important to determine the reasons.
If your lawyer is unwilling to address your complaints, consider taking your legal affairs to another lawyer. You can decide whom to hire (and fire) as your lawyer. However, remember that when you fire a lawyer, you may be charged a reasonable amount for the work already done.
A lack of communication causes many problems. If your lawyer appears to have acted improperly, or did not do something that you think he or she should have done, talk with your lawyer about it. You may be satisfied once you understand the circumstances better. I have tried to discuss my complaints with my lawyer.
Tell the Truth. If your lawyer doubts you in the consultation, or doesn't think you have a case, while that may change over time, getting over an initial disbelief is very hard. You have to prove your case. Your attorney is not your witness. They are your advocate - but you are responsible for coming up with proof.
Most people hired attorneys because they don't want to sit in court. Well, truth be told, neither do I. The difference between lawyer and client is that the lawyer expects it to take a long time and understands. The client typically thinks it's unjustified. So, your hard truth is that each case takes time. Be patient.
Credibility is one of the most important things in this world - and most important in a courtroom. If you care enough only to wear sweats to the courthouse, then the judge will see that you don't care, and that will be reflected in their desire to help you, listen to you, and decide in your favor. Step it up.
If the judge can see your boobs, he's not listening to your story. If I can see your boobs, then I know you didn't care enough about yourself to talk to an attorney. Dress like you are going to church. Credibility is one of the most important things in this world - and most important in a courtroom.
If you don't pay your lawyer on the day of trial, or however you have agreed to, then while he or she may be obligated by other ethical duties to do his/her best, they won't be motivated by sympathy for you, and it will show in court.
If no one can confirm that the story is true, you will at least need something external, such as a hard copy document, to prove your case. Be prepared.
While lawyers can certainly take your money and your time and we can file a case that will be very hard to win, if you don't care enough about your life to get a contract, the judge is not very likely to be on your side. At least, not automatically. Oral contracts are extremely hard to prove. What are the terms.
Your lawyer has a responsibility to act in an ethical manner. Beyond that responsibility, theyâve actually taken an oath to uphold certain ethics.
If you have a meeting with your lawyer, thereâs a good chance you took time off from work, secured childcare, or had other obligations that you changed or gave up in order to be at the meeting. Your lawyer shouldnât waste your time, be unprepared, or mishandle your funds or documents.
Malpractice could be intentional or by accident. If your lawyer has done anything that has cost you the ability to win or settle your case, or that had a detrimental effect on your proceeding, it could be considered malpractice.
For example, if your lawyer knows when your accident happened and when the statute of limitations runs out, yet still fails to file a claim in the allotted time period, you might no longer be able to file the claim or have legal recourse.
Reason #1: Your lawyer isnât returning your calls. Lack of communication is a big problem for some law firm clients. Yes, legal practices are very busy. They have lots of clients â not just you. However, before a lawyer signs on to take your case, they need to know if the firm has the capacity to handle it. Thereâs no excuse for not returning phone ...
Itâs possible that person doesnât have a strong grasp of the particular area of law thatâs relevant. The other thing that could happen is that as a case progresses, it could begin to involve areas of law outside your lawyerâs expertise.
Before you hire an attorney, youâll sign a contract that sets forth the lawyerâs fees. Most personal injury lawyers work on a contingency basis, which means they get paid a percentage of the damages you receive. However, theyâre also going to charge you for additional expenses that come up while the case is in process.
"What People Think I Do / What I Really Do" is a series of visual charts depicting a range of preconceptions associated with a particular field of occupation or expertise. Unlike image macro series that are based on singular stereotypes like Advice Animals, this series compares varying impressions about one's profession held by others, self-image and the often mundane reality of the job.
Know Your Meme is an advertising supported site and we noticed that you're using an ad-blocking solution.
The "How it Really Is" (Science Student) instance of the series was first spotted on Facebook February 7th, 2012. The chart summarized various preconceived notions and generalizations that are associated with that field of study.