U.S. flag

An official website of the United States government, Department of Justice.

NCJRS Virtual Library

The Virtual Library houses over 235,000 criminal justice resources, including all known OJP works.
Click here to search the NCJRS Virtual Library

HOW DO LAWYERS REALLY THINK?

NCJ Number
142207
Journal
Journal of Legal Education Volume: 42 Issue: 1 Dated: (March 1992) Pages: 57-74
Author(s)
N L Schultz
Date Published
1992
Length
18 pages
Annotation
This article presents a case for offering in legal education a complexity that matches the complexity of the legal world in which law students will function after they graduate.
Abstract
The lawyer's role in society is to be a public servant who assists private individuals in the securing of justice under law, to simultaneously represent individuals and the legal system, and to deal with uncertainty in a wide variety of situations on behalf of a wide variety of individuals and institutions. This requires a law-school curriculum that focuses on "brains, heart, and courage." The brain should be equipped to analyze and synthesize legal principles; think independently, master complex bodies of data, organize the data into legal categories, and present the resulting intellectual product in a persuasive manner; critically analyze the utility, effectiveness, and social implications of legal doctrine and procedures; and devise legal strategies in accordance with client interests. Lawyers must also have skills of the "heart," which enables them to communicate, listen, be sensitive to client needs, and empathize with the situations of others. "Courage" is also a necessary part of lawyering skills, as lawyers must be ethical and exercise judgment in a way that considers the effect of legal actions on disparate groups of people who may have conflicting interests. This article offers practical suggestions for how to construct a law school curriculum that will foster the development of these skills. 63 footnotes

Downloads

No download available

Availability