Sunday, February 18, 2024

To Think But Not to Feel: A Critical Weakness in Law School Curriculums

       While I worked in different legal jobs, it became apparent to me even before going to law school that it is a common joke within the profession that law school does not prepare you to practice law. In fact, the main goal of law school at least in my view is to teach critical thinking skills and the ability to formulate arguments, hence the saying "thinking like a lawyer." 

      During that process of learning a new way of thinking however, another major component of law that is completely forgotten is the ability to feel. A huge part of practicing law is establishing and maintaining human connections, and working with individuals in what is often an incredibly stressful time in their life. This is because lawyers are at their core problem solvers, and demonstrating empathy and understanding with clients' problems is such a critical factor in being a successful attorney where people actually want you to represent them. 

      I really got a glimpse into the importance of human connections when I clerked at a small personal injury firm my 2L year. I realized quickly just how important it was to establish connections with people in the client intake meeting and throughout the representation. Trust had to be established and anxieties addressed, just knowing the law by itself was not enough. I really benefited from this job by being able to see the importance of interacting with and handling client relations, and how the failure to do that can really undercut a case. 

      I was therefore really surprised just how little if any this aspect of being a lawyer is discussed in law school since it really is so important. We are taught only to think but not to feel, and I think that can have negative consequences for the legal profession. The legal system can be dehumanizing and callous, a big part of this could be the culture that starts in law school. We read enormous amounts of caselaw, but after extracting the black letter law from the case, we almost never appreciate the human stories on each sides of the v, and how those decisions impacted those parties. As dynamic problem solvers, we will be required to work with people and build important relationships. As much of this will be with clients, those require skills that do not always involve analyzing black letter law, but showing compassion and determination to help that will be necessary to create trust and have the cooperation of the client for a successful representation. 

      Many people go to law school for idealistic and noble reasons. Unfortunately, law school curriculums often ensure that idealism is stamped out of students by the time they graduate. This is a mistake, because the core task of being a problem solver that a lawyer is requires a capacity for empathy and desire to help people, which is itself an idealistic goal. Retaining your idealism after law school can therefore be hard because the way the curriculum is designed, but in doing so you are more likely to be successful as an attorney and getting results for clients. 

      

1 comment:

  1. Hi John,

    I really enjoyed reading about your take. I definitely agree and think this may reflect a need for law school's to change their curriculum. I've read about how many students, professors, and lawyers alike are pushing for law school to become more like medical or dental school where the third year is dedicated to developing practical skills that would be relevant as an associate such as negotiation, interviewing, drafting contracts, appearing in court., etc. I personally think this would be an extremely beneficial reform for law students as we are taking many classes that aren't super relevant to everyday practice for the sole purpose of meeting credit requirements. Stetson now requires students to take skills based courses but is 2 classes over a 3 year period enough? I'm not so convinced.

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