How do you think like an attorney?

Question

I am starting law school and would like to learn how to think like an attorney. I know that there are different ways to answer this question or is there one way a lawyer must think like always.

Answer 1

Analytical, logical, and without emotion (meaning without bringing your emotional biased into the written words).

The law is very literal, and one typically takes the written word as it is - it is up to a judge to interpret what those words mean.

Answer 2

The best advice is not to stress out. The purpose of law school is to teach you how to think like an attorney. The most important skill is to be able to spot multiple issues in a single fact pattern and be prepared to argue both sides (plaintiff and defendant).

Just remember, every fellow student in law school is in the same boat as you on the first day of school. None of them are prepared to think like attorneys. You will read plenty of cases and take enough practice and actual exams to experience thinking like an attorney. Plus, you will have opportunities to take clerkships during your summers, where you will prepare motions, memos and briefs, all of which will give you plenty of experience thinking like an attorney. Good luck with law school!!!

Answer 3

Be able to separate your personal views/convictions from the law. I know this sounds odd, but for instance: you have a client who does drugs and was caught after his house was broken in without a warrant. Both are "wrong," but look to the greater evil.
You have to be able to look at the big picture, not only guilty, not guilty, but keep in mind the concept of Stare Decisis (judicial precedent), do some pro bono stuff, volunteer/, and for goodness sakes, don't propel stupid laws/cases just to win, honor the Constitution. Love law, love people.
By the way, drugs and alcohol are exceptionally similar, and both should not be regulated by government, nor should any other moral conviction.
Don't get caught up in the money aspect, I know law schools expensive, but remember why you got into it in the first place, have a release activity, keep your family important in your life. Don't get a big head..

Answer 4

You must be able to spot all of the issues in a case and then be able to argue both sides of every issue. You also need to be able to prioritize the issues because a client will often come to see you with one problem, but you will discover that they have another, more important problem after talking to them. Ex. They have a simple possession of marijuana case which should result in probation with no jail time, but you know that if he pleads guilty, there will also be a two year drivers license suspension.

I suggest that you buy the book "Planet Law School II" and check out LEEWS.com . They will help you to understand this concept before your classmates.

Answer 5

A lawyer must be able to examine every detail and ramification of whatever law or contract is being enforced to see what actually constitutes a violation and what is permissible.

For example, in a traffic case, if you actually did what the citing officer said you did, you will generally lose the case. If, however, you read the exact statute, and it says something like "it shall be illegal to turn left in front of oncoming traffic until it can be done in reasonable safety", and you assert in court that you executed your turn in a reasonably safe manner, it is suddenly on the policeman to demonstrate NOT that you did what he said, but that you did it in an unsafe manner, which is much harder to prove.

A lawyer must also always be alert for all sorts of inconsistencies, as they are the openings that will make or break your case. Inconsistencise in a contract provide openings for violations, and inconsistencies in testimony destroy a witness' credibility.

Answer 6

Ah, the thinking isn't the hard part. The writing is! The best advice that I can give to you is this:

Memorize each rule. Pick out the terms that seem to be "sticking points", and memorize the definitions for those terms. When you write, state the rule, and then explain it. Use those definitions, and even examples, to explain the rule.

If you do that, then you will be able to apply the fact patterns you are given to each rule.

Answer 7

Ethical in the speedy administration of justice. Your arguments must be based on morals and equality.

Answer 8

Think how you can take other peoples money, we all know attorneys/lawyers do not earn money.

Answer 9

You abandon all ethics and shove your head up your butt. lol

Answer 10

dirty or tricky