Do Like a Lawyer

The start of the new academic year means a new group of first-year law students, ready for the three-year adventure that is law school. And each fall, those same students hear much about what they’re going to learn in law school. Usually the main thing they hear is that they will learn to “think like a lawyer.”

It’s certainly true that law school will teach students a particular way of thinking critically that will infuse all of their thinking from here forward. It’s also true that lawyers ought to be thinking critically. (So should everyone, in my view.) But law school should do more than teach students how to “think like a lawyer.” It should teach students how to “be” lawyers.

It is on this thought that I am reminded of Steven M. Radke, L’02.  The Law School invited Radke, vice president of government relations at Northwestern Mutual Insurance Co., to speak at its orientation event in fall 2006. Radke gave an entertaining and informative speech to that year’s entering class, the text of which can be found here. At one point, Radke discussed the often-stated law school goal of learning to “think like a lawyer,” a goal, he said, that is a bit troubling, particularly if it suggests that there is a single way lawyers think. He continued,

[I]f, God forbid, I someday find myself being wheeled into an emergency room, I hope the person preparing to operate on me doesn’t just think like a doctor.  I want him or her to be a doctor.

Radke’s point is spot on. Law school should not only teach students how to “think like a lawyer,” but it should also teach students how to be a lawyer. 

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Legal Education’s Loss and the Problem with CLE

Late last week David Hass, Wisconsin’s Director of Judicial Education, died unexpectedly. For 16 years Dave coordinated an innovative variety of excellent programs that updated judges on important developments while deepening their understanding of core legal principles. Dave was a warm, gracious man who will be missed.

Dave’s passing is an opportunity to reflect briefly on the sharp contrast between continuing education for judges and lawyers. My modest observations are informed by nearly thirty years of teaching to both groups and by my current perspective as chair of the Wisconsin Board of Bar Examiners, which regulates continuing lawyer education (CLE).

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Breathe Deeply

As I finalize preparing for my fall Appellate Writing and Advocacy course, and I think about our new moot court teams this year, I have been considering what makes for a top-notch oral argument.

One basic, and sometimes overlooked, concept is how to breathe when presenting an argument. This is something I think about, because I have spent a lot of time over the years singing in choirs. Anyone who has sung in a choir or done any voice training has heard about “diaphragmatic breathing.” This type of breathing supports the vocal cords fully. It’s also pretty close to the type of breathing taught in yoga classes.

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