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 ...
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.”
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.
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!
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.
It means combining passion and principle, reason and judgment.”.
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]
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.
By graduation, however, the proportion of law students with serious mental health and substance abuse issues had quadrupled. [4]
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.
A good lawyer will then see the situation through the viewpoint of the restaurant, the other staff working, the manager, the cleaner, the other customers and even the owner of the building. This allows the lawyer to see the whole picture.
Much like emotions, assumptions can stop you from seeing the whole picture. Realize that something is only a fact if there is evidence. If you assume something, focus on finding some evidence so that the assumption can become a fact. This will help you to create an airtight argument that is difficult to pick apart.
Do you wish that you could think like a lawyer? It doesn’t matter how educated you are or how high your IQ is; anyone can learn to think like a lawyer. There is a way of thinking that lawyers apply to cases which anyone can learn themselves. With some practice, you can perfect the art of thinking like a lawyer too.
Distractions should be avoided, but sometimes a bit of music in the background can help you focus.
Anyone who has attended law school knows that it invokes an important intellectual transformation, frequently referred to as “learning to think like a lawyer”.
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Career As a Lawyer: What They Do, How to Become One, and What the Future Holds!
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