what is thinking like a lawyer

by Evalyn Shanahan II 9 min read

Learning to Think Like a Lawyer

  • Careful. A Career In Law Could Change The Way You Think. ...
  • Thinking Like A Lawyer. Thinking like a lawyer demands thinking within the confines of inductive and deductive forms of reasoning.
  • A New Perspective of the World. I had just enough left-brain skills to get me through law school and the bar. ...

Thinking like a lawyer means combining realism with idealism. It means believing in the possibility and the desirability of both order and justice, and in the capacity of the law to help us achieve them.

Full Answer

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

Dec 02, 2021 · Thinking like a lawyer requires thinking things through a variety of perspectives and providing actionable insights and advice. Notes on Legal Tech 9,429 followers

What being a lawyer is really like?

Aug 27, 2008 · 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.

What to know before becoming a lawyer?

“Thinking like a lawyer” may incorporate the sharpened fundamentals we learned in law school, but thinking like a good lawyer transcends that. The art of practicing law requires us to go beyond blindly executing techniques, focusing solely on what is immediately in front of us.

Why should you should become a lawyer?

Thinking like a Lawyer — Applying the Law to Facts. Much of what you are asked to do in class is present an analysis of the law — its application to new factual hypotheticals. Practice this skill, particularly in writing, as often as possible. It is critical to your success. IDENTIFYING ISSUES. STEP ONE: Read the facts. This is the DESCRIPTIVE phase of your analysis.

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How do you feel like a lawyer?

You're constantly thinking like a lawyer when you:
  1. Make “distinctions that do not make a difference to most people”
  2. See “ambiguity where others see things as crystal clear”
  3. Look at “issues from all sides” without stating your own position.
  4. Artfully manipulate facts to “persuasively argue any point”
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Jun 11, 2014

Do lawyers think differently?

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.Sep 4, 2009

What makes you think you are a good lawyer?

What Makes a Good Lawyer? Common Traits of Successful Attorneys Today
  • Passion for the Job. As a starting point, successful lawyers almost always have a true passion for their job. ...
  • Compassion for Clients. ...
  • Great Communication Skills. ...
  • Willingness to Listen. ...
  • Knowledge of the Law. ...
  • Strong Writing Ability. ...
  • Creativity. ...
  • Good Judgment.
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Jun 17, 2019

What do most people think of lawyers?

In 2018, the same Gallup poll found 18 percent of those surveyed thought lawyers were ethical; in 2020, it rose to 22%. In 2013, a 2013 Pew Research Center poll found that one-third of all respondents thought lawyers contributed little to nothing to society, the least respected profession of the time.Feb 21, 2020

How are lawyers taught thinking?

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.

Can I be a lawyer if I am not smart?

You need good grades in high school so you can get into a good college or university. Then once you are there, you need a good GPA and good credentials so you can be competitive when you apply for the limited spots reputable law schools have open. So the answer is yes, you do need to be smart to be a lawyer.

What personality type is a lawyer?

According to a 1993 study conducted by Larry Richard, the most prevalent personality types for lawyers are: ISTJ (17.8 per cent) INTJ (13.1 per cent) ESTJ (10.3 per cent)Jan 21, 2019

What type of personality do lawyers have?

Lawyers tend to be predominantly enterprising individuals, which means that they are usually quite natural leaders who thrive at influencing and persuading others. They also tend to be investigative, which means that they are quite inquisitive and curious people that often like to spend time alone with their thoughts.

What are the interests of a lawyer?

Law (main motivation: serving and protecting society)
  • applying rules and regulations.
  • influencing people.
  • legal matters.
  • persuading people.
  • protecting others.
  • social justice.
  • solving difficult situations.
  • working with those who have lost direction.

What should you not say to a lawyer?

9 Taboo Sayings You Should Never Tell Your Lawyer
  • I forgot I had an appointment. ...
  • I didn't bring the documents related to my case. ...
  • I have already done some of the work for you. ...
  • My case will be easy money for you. ...
  • I have already spoken with 5 other lawyers. ...
  • Other lawyers don't have my best interests at heart.
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Mar 17, 2021

Are lawyers honest?

Lawyers must be honest, but they do not have to be truthful. A criminal defense lawyer, for example, in zealously defending a client, has no obligation to actively present the truth. Counsel may not deliberately mislead the court, but has no obligation to tell the defendant's whole story.

Do lawyers lie?

Yes, some lawyers lie, cheat and deceive their clients. But they are the exception, and an embarrassment to most lawyers.

What does it mean to think like a lawyer?

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. ...

How to be a lawyer?

1. Approach a problem from all angles. To see all the possible issues in a set of facts, lawyers look at the situation from different perspectives. Putting yourself in others’ shoes allows you to understand other points of view.

What is deductive reasoning?

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.

Why do lawyers need judgment?

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.

Who is Jennifer Mueller?

Jennifer Mueller is an in-house legal expert at wikiHow. Jennifer reviews, fact-checks, and evaluates wikiHow's legal content to ensure thoroughness and accuracy. She received her JD from Indiana University Maurer School of Law in 2006.

What are the parts of a syllogism?

Syllogisms consist of three parts: a general statement, a particular statement, and a conclusion about the particular based on the general. The general statement typically is broad and nearly universally applicable. For example, you might say “All dirty floors show negligence.”.

Careful. A Career In Law Could Change The Way You Think

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

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.

A New Perspective of the World

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.

How to write a case analysis?

STEP ONE: Read the facts. This is the DESCRIPTIVE phase of your analysis. Be sure you know your client’s case (the facts of the problem). Read closely and carefully. Draw inferences from the facts (most matters of motivation, causation, or alternative choices are inferential). Think about alternative inferences that can be drawn. Be aware that vague, conflicting and incomplete facts are normal in the real world. Identify your client’s goals. Be sure you have asked the six basic questions about the facts presented: What? Where? When? How? Why? Who?

How to draw inferences?

Draw inferences from the facts (most matters of motivation, causation, or alternative choices are inferential). Think about alternative inferences that can be drawn. Be aware that vague, conflicting and incomplete facts are normal in the real world. Identify your client’s goals.

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.

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