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How to Think Like a Lawyer—And Why

How to Think Like a Lawyer—And Why

A Common-Sense Guide to Everyday Dilemmas
by Kim Wehle 2022 208 pages
3.36
100+ ratings
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Key Takeaways

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:

FAQ

What's "How to Think Like a Lawyer—And Why" about?

  • Purpose: The book aims to teach readers how to apply legal thinking to everyday dilemmas, offering a structured approach to decision-making.
  • Audience: It is designed for non-lawyers who wish to adopt a lawyer's mindset to solve personal and professional problems.
  • Content: The book covers various aspects of life, including work, family, civic engagement, health care, and hiring a lawyer, using a methodical framework.

Why should I read "How to Think Like a Lawyer—And Why"?

  • Decision-Making Skills: It provides tools to make more informed and balanced decisions by thinking like a lawyer.
  • Practical Application: The book offers practical advice that can be applied to real-life situations, enhancing problem-solving skills.
  • Structured Framework: It introduces the B-I-C-A-T method, a five-step process to approach complex issues systematically.

What is the B-I-C-A-T method in "How to Think Like a Lawyer—And Why"?

  • Break the Problem Down: Start by dividing the issue into smaller, manageable parts to understand it better.
  • Identify Values and Aim: Determine what values are important to you and what you aim to achieve with your decision.
  • Collect Lots of Knowledge: Gather as much information as possible, considering both facts and applicable rules or laws.
  • Argue Both Sides: Evaluate the pros and cons of each option to ensure a balanced perspective.
  • Tolerate Disagreement: Accept that others may disagree with your choice and that you might feel conflicted.

What are the key takeaways of "How to Think Like a Lawyer—And Why"?

  • Structured Thinking: The book emphasizes the importance of a structured approach to decision-making.
  • Comprehensive Analysis: It encourages considering all sides of an issue before making a decision.
  • Practical Application: The B-I-C-A-T method can be applied to various aspects of life, from work to family to civic duties.

How can the B-I-C-A-T method be applied to work decisions?

  • Break Down Work Issues: Identify the main components of a work-related problem, such as job security or workplace relationships.
  • Identify Work Values: Determine what is most important to you in your work life, such as job satisfaction or financial stability.
  • Gather Work-Related Information: Collect relevant data, such as company policies or industry standards, to inform your decision.
  • Evaluate Options: Consider the pros and cons of different courses of action, such as addressing a conflict or seeking a new job.
  • Accept Outcomes: Be prepared to accept that not all outcomes will be ideal and that compromise may be necessary.

How does "How to Think Like a Lawyer—And Why" address family life decisions?

  • Family Decision Breakdown: The book suggests breaking down family decisions into smaller issues, such as finances or lifestyle.
  • Identify Family Values: It emphasizes the importance of identifying core family values to guide decision-making.
  • Gather Family Information: Collect relevant information, such as financial data or educational options, to make informed choices.
  • Consider All Sides: Evaluate the potential impact of decisions on all family members to ensure a balanced approach.
  • Accept Family Dynamics: Recognize that family decisions may involve compromise and differing opinions.

How does "How to Think Like a Lawyer—And Why" suggest handling civic life decisions?

  • Civic Engagement Breakdown: Break down civic decisions, such as voting or volunteering, into manageable parts.
  • Identify Civic Values: Determine what civic values are important to you, such as community involvement or social justice.
  • Collect Civic Information: Gather information on civic issues, candidates, or organizations to make informed decisions.
  • Evaluate Civic Options: Consider the pros and cons of different civic actions, such as supporting a candidate or joining a group.
  • Accept Civic Outcomes: Be prepared to accept that civic engagement may involve disagreement and compromise.

How does "How to Think Like a Lawyer—And Why" approach health care decisions?

  • Health Care Breakdown: Break down health care decisions into components like medical risks, costs, and benefits.
  • Identify Health Values: Determine what health-related values are important to you, such as quality of life or financial security.
  • Gather Health Information: Collect information on medical procedures, insurance coverage, and potential outcomes.
  • Evaluate Health Options: Consider the pros and cons of different health care choices, such as undergoing surgery or seeking alternative treatments.
  • Accept Health Outcomes: Recognize that health care decisions may involve uncertainty and conflicting emotions.

What advice does "How to Think Like a Lawyer—And Why" give on hiring a lawyer?

  • Identify Legal Needs: Determine the specific legal expertise you require, such as family law or criminal defense.
  • Research Lawyers: Gather information on potential lawyers, including their reputation, experience, and fees.
  • Evaluate Lawyer Options: Consider the pros and cons of different lawyers, including their approach and compatibility with your needs.
  • Accept Legal Realities: Be prepared to accept that legal outcomes may not be ideal and that compromise may be necessary.

What are the best quotes from "How to Think Like a Lawyer—And Why" and what do they mean?

  • "The straight line, a respectable optical illusion which ruins many a man." This quote highlights the danger of oversimplifying complex issues.
  • "Start by doing what’s necessary, then do what’s possible; and suddenly you are doing the impossible." It emphasizes the importance of taking incremental steps in problem-solving.
  • "Divide each difficulty into as many parts as is feasible and necessary to resolve it, and watch the whole transform." This quote underscores the value of breaking down problems into manageable parts.

How does "How to Think Like a Lawyer—And Why" suggest dealing with disagreement and conflict?

  • Accept Disagreement: Recognize that others may not agree with your decisions and that this is a natural part of decision-making.
  • Embrace Conflict: Understand that feeling conflicted is normal and can lead to more thoughtful and balanced decisions.
  • Focus on Values: Keep your core values and aims in mind to guide you through disagreements and conflicts.
  • Seek Compromise: Be open to compromise and finding middle ground when faced with differing opinions.

What is the overall message of "How to Think Like a Lawyer—And Why"?

  • Structured Decision-Making: The book advocates for a structured approach to decision-making using the B-I-C-A-T method.
  • Balanced Perspective: It encourages considering all sides of an issue to make more informed and balanced decisions.
  • Practical Application: The skills taught in the book can be applied to various aspects of life, enhancing problem-solving abilities.
  • Acceptance of Complexity: It emphasizes the importance of accepting complexity and uncertainty in decision-making.

Review Summary

3.36 out of 5
Average of 100+ ratings from Goodreads and Amazon.

How to Think Like a Lawyer--and Why receives mixed reviews, with an average rating of 3.36 out of 5. Some readers find the BICAT framework helpful for decision-making, while others view it as common sense. Critics argue the book is too basic for legal professionals yet too complex for general readers. Positive reviews praise the case studies and logical approach, while negative reviews cite redundancy and lack of depth. The book's effectiveness varies based on the reader's background and expectations, with some finding it a useful guide and others considering it underwhelming.

Your rating:
4.12
31 ratings

About the Author

Kim Wehle is a tenured law professor, legal contributor for ABC News, and former legal analyst for CBS News. She specializes in civil procedure, administrative law, and separation of powers. Kimberly Lynn Wehle has authored three books, including "How to Read the Constitution – and Why" and "What You Need to Know About Voting – and Why." Known for her ability to simplify legal concepts, Wehle contributes to various publications such as Politico, The Atlantic, and The Hill. She is also a regular commentator on NPR's Morning Edition. Her upcoming book, "How the Pardon Power Works and Why," is set for publication in September 2024.

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