How to Think Like a Lawyer--and Why

1. Thinking Like a Lawyer: Breaking Down Complex Problems

Anti-glomming becomes the new normal—and though it's a skill that people learn in law school, it can be used in everyday life too.

Break it down. The first step in thinking like a lawyer is to break complex issues into smaller, manageable pieces. This "anti-glomming" approach allows for a clearer understanding of the problem at hand and its various components. By dissecting a problem, you can:

• Identify the main issues and sub-issues
• Prioritize the most critical aspects
• Address each component systematically

For example, when faced with a workplace conflict, break it down into categories such as:

• Job security
• Respectful working environment
• Opportunities for improvement

This method helps prevent overwhelming feelings and allows for a more focused, productive approach to problem-solving.

2. Identifying Values and Aims in Decision-Making

Values can be thought of as priorities, internal compasses, or spring-boards for action—moral imperatives.

Know your values. Identifying personal values and aims is crucial in making informed decisions. This step helps align choices with what truly matters to you. Consider:

• Creating a hierarchy of values
• Determining short-term and long-term goals
• Recognizing potential conflicts between values

For instance, when making family decisions, you might prioritize:

• Financial stability
• Work-life balance
• Children's education
• Personal growth

By clearly defining your values and aims, you can make decisions that are more likely to lead to long-term satisfaction and coherence with your life goals.

3. Gathering Comprehensive Knowledge on Both Sides

A good lawyer always looks for both sides of a story.

Seek balanced information. Collecting comprehensive knowledge involves gathering facts and understanding rules from multiple perspectives. This approach helps counteract confirmation bias and ensures a more complete understanding of the situation. Key aspects include:

• Researching from diverse, credible sources
• Understanding relevant laws or regulations
• Considering both supporting and opposing viewpoints

For example, when making a civic decision like voting:

• Read opinions from different political perspectives
• Investigate candidates' voting records and reputations
• Understand the legal and procedural aspects of the electoral system

By gathering balanced information, you can make more informed and objective decisions.

4. Arguing Both Sides of Each Point

Hard decisions are rarely black and white. They almost always involve many shades of gray.

Consider all angles. Arguing both sides of each point is a crucial skill in legal thinking that can be applied to everyday decision-making. This approach helps in:

• Identifying potential weaknesses in your position
• Anticipating counterarguments
• Developing a more nuanced understanding of the issue

When making a health care decision, for example:

• List reasons in favor of a treatment
• Identify potential risks and drawbacks
• Consider alternative options and their pros and cons

By thoroughly examining all aspects of a decision, you can make more robust and well-reasoned choices.

5. Tolerating Disagreement and Internal Conflict

If we accept from the get-go that we will have to tolerate something less than a black or white outcome (whichever is our preference) and instead hold on to our values in evaluating the options, then the decision will "sit" better in our lives overall.

Embrace ambiguity. Tolerating disagreement and internal conflict is essential in making mature decisions. This mindset helps in:

• Accepting that perfect solutions rarely exist
• Being open to compromise and negotiation
• Managing personal expectations

For instance, in a divorce settlement:

• Recognize that both parties may need to make concessions
• Focus on long-term goals rather than short-term "wins"
• Be prepared for others to disagree with your choices

By embracing this approach, you can navigate complex decisions with greater emotional resilience and flexibility.

6. Applying Legal Thinking to Family Decisions

Family law also entails issues like paternity and parental rights, adoption, reproductive technologies, domestic violence, de facto parenthood, and third-party custody—all of which implicate multiple laws of a particular state and, thus, lawyers.

Navigate family complexities. Applying legal thinking to family decisions involves understanding the legal framework surrounding family issues and using structured decision-making processes. Key aspects include:

• Recognizing the legal implications of family choices
• Balancing emotional and practical considerations
• Utilizing mediation and negotiation skills

For example, when considering divorce:

• Understand state laws regarding property division and child custody
• Consider the long-term impact on children and finances
• Explore alternatives to litigation, such as mediation

By approaching family decisions with a legal mindset, you can navigate complex emotional terrain while protecting your rights and interests.

7. Navigating Health Care Choices with Legal Mindset

If you ever wind up on a jury, you can use this checklist to figure out how to manage the process—identify the relevant facts on both sides, the relevant laws governing the case, and decide which version is better supported by verifiable evidence.

Make informed health decisions. Applying legal thinking to health care choices involves:

• Understanding patient rights and medical regulations
• Evaluating treatment options objectively
• Considering long-term consequences and quality of life

When facing a major health decision:

• Research the proposed treatment and alternatives
• Understand the legal implications of your choices
• Consider getting a second medical opinion

By applying legal thinking to health care decisions, you can navigate complex medical choices with greater confidence and clarity.

8. Making Informed Civic Decisions

[V]alues inevitably matter even when applying rules.

Engage responsibly. Applying legal thinking to civic decisions involves:

• Understanding the legal and political systems
• Evaluating information sources critically
• Considering the broader societal impact of your choices

When making civic decisions:

• Research candidates and issues from multiple perspectives
• Understand the legal implications of ballot measures
• Consider long-term consequences of policy choices

By applying legal thinking to civic engagement, you can participate more effectively in democratic processes and make more informed choices.

9. When and How to Hire a Lawyer

When you are looking to hire a lawyer, be aware that you might not like the advice you ultimately hear.

Choose wisely. Knowing when and how to hire a lawyer is crucial for navigating complex legal situations. Consider:

• The nature and severity of your legal issue
• The potential costs and benefits of legal representation
• The lawyer's expertise and reputation in the relevant field

When hiring a lawyer:

• Seek recommendations from trusted sources
• Interview multiple lawyers to find the best fit
• Clarify fee structures and expectations upfront

By approaching the decision to hire a lawyer with a legal mindset, you can ensure you receive appropriate representation for your specific needs.

Last updated: October 3, 2024