Thinking Like Non-Lawyers- Why Empathy is a Core Lawyering Skill
➤ Gửi thông báo lỗi ⚠️ Báo cáo tài liệu vi phạmNội dung chi tiết: Thinking Like Non-Lawyers- Why Empathy is a Core Lawyering Skill
Thinking Like Non-Lawyers- Why Empathy is a Core Lawyering Skill
Syracuse UniversitySURFACECollege of Law - Faculty ScholarshipCollege of LawSummer 7-26-2012Thinking Like Non-Lawyers: Why Empathy is a Core Lawyering Thinking Like Non-Lawyers- Why Empathy is a Core Lawyering Skillg Skill and Why Legal Education Should Change to Reflect its ImportanceIan GallacherSyracuse University College of Law, igallach@law.syr.eduFollow this and additional works at: https//surface.syr.edu/lawpubPart of the Law CommonsRecommended CitationGallacher, Ian, 'Thinking Like Non-Lawyers Why Empa Thinking Like Non-Lawyers- Why Empathy is a Core Lawyering Skillthy IS a Core Lawyering Skill and Why Legal Education Should Change to Reflect its Importance' (2012). College of Law ■ Faculty Scholarship. 6. https:Thinking Like Non-Lawyers- Why Empathy is a Core Lawyering Skill
//surface syr edu/lawpub/6This Article IS brought to you for free and open access by the College of Law at SURFACE. It has been accepted for inclusionSyracuse UniversitySURFACECollege of Law - Faculty ScholarshipCollege of LawSummer 7-26-2012Thinking Like Non-Lawyers: Why Empathy is a Core Lawyering Thinking Like Non-Lawyers- Why Empathy is a Core Lawyering Skill NON-LAWYERS: WHY EMPATHY IS A CORE LAWYERING SKILL AND WHY LEGAL EDUCATION SHOULD CHANGE TO REFLECT ITS IMPORTANCEIan Gallacher'We are all familiar with the famous dictum that law school should train its students to “think like lawyers.”1 In fact, we are likely so familiar with the words, and the c Thinking Like Non-Lawyers- Why Empathy is a Core Lawyering Skilloncept behind them, that we rarely stop to consider the fact that a substantial amount of lawyer communication occurs with non-lawyers; people who havThinking Like Non-Lawyers- Why Empathy is a Core Lawyering Skill
e not received the same systematic training as lawyers and who, according to the implicit message of the dictum, think very differently from the lawyeSyracuse UniversitySURFACECollege of Law - Faculty ScholarshipCollege of LawSummer 7-26-2012Thinking Like Non-Lawyers: Why Empathy is a Core Lawyering Thinking Like Non-Lawyers- Why Empathy is a Core Lawyering Skillined to emphasize the importance of logic at the expense of all other responses to facts and law, we likely have given little thought to the important role empathy plays in real-life lawyering.This article seeks to explore the nature of empathy in lawyer-to-non-lawyer communication and to describe w Thinking Like Non-Lawyers- Why Empathy is a Core Lawyering Skillhy empathy - just as much as knowledge of applicable laws and rules and an ability to synthesize and distinguish precedent - is a core lawyering skillThinking Like Non-Lawyers- Why Empathy is a Core Lawyering Skill
. It also discusses how current legal education practices are designed systematically to eliminate empathy from law students and why this is a mistakeSyracuse UniversitySURFACECollege of Law - Faculty ScholarshipCollege of LawSummer 7-26-2012Thinking Like Non-Lawyers: Why Empathy is a Core Lawyering Thinking Like Non-Lawyers- Why Empathy is a Core Lawyering Skillconclude that law schools should make core changes in the way they teach their students and that attention to empathy as a critical lawyering skill should begin before law school begins, should continue throughout all three years of formal legal education, and should continue after law students grad Thinking Like Non-Lawyers- Why Empathy is a Core Lawyering Skilluate from law school.Associate Professor of Law. Syracuse University College of Law. An early version of portions of this article was presented at “OnThinking Like Non-Lawyers- Why Empathy is a Core Lawyering Skill
ce upon A Legal Time,” the second biennial international applied legal storytelling conference at the Lewis and Clark Law School. Portland. Oregon. ThSyracuse UniversitySURFACECollege of Law - Faculty ScholarshipCollege of LawSummer 7-26-2012Thinking Like Non-Lawyers: Why Empathy is a Core Lawyering Thinking Like Non-Lawyers- Why Empathy is a Core Lawyering Skilly, and staff at the Lewis Katz building of Penn State’s Dickinson School of Law for giving an itinerant faculty member a home during the summer of 2009, and to Professor Penny Pether. who planted the seed of this article many years ago. Thanks also to the indefatigable Katharine Laubach who handled Thinking Like Non-Lawyers- Why Empathy is a Core Lawyering Skillall my research requests with grace and skill, to Bailey McKinstry for her company during the writing process, and to Charles Goodell, who taught me mThinking Like Non-Lawyers- Why Empathy is a Core Lawyering Skill
any years ago about the importance of empathy for trial lawyers and the power of “standing tall." This is for Jean McKinstry, a person whose life emboSyracuse UniversitySURFACECollege of Law - Faculty ScholarshipCollege of LawSummer 7-26-2012Thinking Like Non-Lawyers: Why Empathy is a Core Lawyering Thinking Like Non-Lawyers- Why Empathy is a Core Lawyering Skill curriculum’s making, although legal writing, which focuses on training law students to communicate with other lawyers, and which stresses a “lawyer-like” approach to analysis, tends to affirm rather than contradict the lessons students learn in their doctrinal classes. But while legal writing train Thinking Like Non-Lawyers- Why Empathy is a Core Lawyering Skilling might not have caused legal education to seek the elimination of empathy from its students, it holds the key to restoring empathy to its appropriaThinking Like Non-Lawyers- Why Empathy is a Core Lawyering Skill
te role as a crucial skill for all lawyers. Writing is an empathetic act. and the goal of persuasive writers is to place themselves in their audience’Syracuse UniversitySURFACECollege of Law - Faculty ScholarshipCollege of LawSummer 7-26-2012Thinking Like Non-Lawyers: Why Empathy is a Core Lawyering Thinking Like Non-Lawyers- Why Empathy is a Core Lawyering Skilleading could easily be adapted so that empathy could take its place besides the more traditional law school emphasis on logical analysis and could be emphasized before and after students come to law school, as well as during their time as law students..The notion that empathy is so important to lawy Thinking Like Non-Lawyers- Why Empathy is a Core Lawyering Skillers that it warrants a rethinking of the law school curriculum is doubtless controversial to some. Indeed, it is easy these days to walk into the legaThinking Like Non-Lawyers- Why Empathy is a Core Lawyering Skill
l empathy minefield but loss easy to emerge unscathed.I 2 And as some have noted, “empathy” is not a word that carries muchI am not alone in discussinSyracuse UniversitySURFACECollege of Law - Faculty ScholarshipCollege of LawSummer 7-26-2012Thinking Like Non-Lawyers: Why Empathy is a Core Lawyering Thinking Like Non-Lawyers- Why Empathy is a Core Lawyering Skillstudy: Kristin B. Gerdy, Clients, Empathy, and Compassion: Introducing First-Year Students to the ★Heart" of Lawyering, 87 Neb. L. Rev. 1 (2008): William D. Casebeer. Identity, Culture and Stories: Empathy and the War on Terrorism, 9 Minn. L. L. Sci. & Tech. 653 (2008): Claire A. Hill. Introduction Thinking Like Non-Lawyers- Why Empathy is a Core Lawyering Skillto the Symposium: Self and Other: Cognitive Perspectives on Trust, Empathy and the Self, 9 Minn. J. L Sei. & Tech. 637 (2008): Richard Warner, EmpathyThinking Like Non-Lawyers- Why Empathy is a Core Lawyering Skill
and Compassion, 9 Minn. J. L Sei. & Tech. 813 (2008); Jim Golden. H. Abigail Moy, & Adam Lyons, The Negotiation Counsel Model: An Empathetic Model foSyracuse UniversitySURFACECollege of Law - Faculty ScholarshipCollege of LawSummer 7-26-2012Thinking Like Non-Lawyers: Why Empathy is a Core Lawyering Thinking Like Non-Lawyers- Why Empathy is a Core Lawyering Skillt Guantanamo Bay, 6 Seattle J. Soc. Just. 3 (2007); Sharisse O’Carroll, Empathy, Courage and Diligence: Three Things I Wish rd Learned in my Law School Ethics Course. 17 Prof. Lawyer 24 (No. 1 2006); Amnon Reichman. Law. Literature, and Empathy: Between Withholding and Reserving .Judgment, 56 J. I.e Thinking Like Non-Lawyers- Why Empathy is a Core Lawyering Skillgal Educ. 296 (2006); Jody Lynee Madeira, Recognizing Odysseus' Scar: Reconceptualizing Pain and its Empathic Role in Civil Adjudication. 34 Fla. St.Thinking Like Non-Lawyers- Why Empathy is a Core Lawyering Skill
u. L. Rev. 41 (2006); Jody Lynce Madeira, Regarding Pained Sympathy and Sympathy Pains: Reason. Morality, and Empathy in the Civil Adjudication of PaiSyracuse UniversitySURFACECollege of Law - Faculty ScholarshipCollege of LawSummer 7-26-2012Thinking Like Non-Lawyers: Why Empathy is a Core Lawyering Thinking Like Non-Lawyers- Why Empathy is a Core Lawyering Skillc Divide, 53 DePaul L. Rev. 1557 (2004); Abbe Smith. Too Much Heart and Not Enough Heat: The Short ĨÀfe And Fractured Ego of the Empathic, JJeroic Public Defender, 37 u.c. Davis L. Rev. 1203 (2004); Susan Nauss Exon, The Best Interest of the Child: Going Beyond Legalize to Empathize with a Client's Thinking Like Non-Lawyers- Why Empathy is a Core Lawyering SkillLeap of Faith, 24 J. Juv. L. 1 (2003-04); Laurel E. Fletcher & Harvey M. Weinstein. When Students Lose Perspective: Clinical Supervision and the ManagThinking Like Non-Lawyers- Why Empathy is a Core Lawyering Skill
ement of Empathy, 9 Clinical L. Rev. 135 (2002-03); V. Ptialani Enos & Lois n. Kanler, Who's Listening? Introducing Students to Client-Centered. ClienSyracuse UniversitySURFACECollege of Law - Faculty ScholarshipCollege of LawSummer 7-26-2012Thinking Like Non-Lawyers: Why Empathy is a Core Lawyering Thinking Like Non-Lawyers- Why Empathy is a Core Lawyering Skillthy: The Problem of Worthy and Unworthy Victims, 88 Cornell L. Rev. 343 (2002-03); Rachel D. Godsil, Expressivism, Empathy And Equality, 36 u. Mich. J. L. Reform 247 (2002-03); Michael J. Zimmer, Systemic Empathy, 34 Colum. Hum. Rts. L. Rev.575 (2002-03); Jeanne L. Schroeder.2authority.3 Lynne Hende Thinking Like Non-Lawyers- Why Empathy is a Core Lawyering Skillrson has observed that “(elmpathy has become a favorite word in critical and feminist scholarship. Unfortunately, it is never defined or described - iThinking Like Non-Lawyers- Why Empathy is a Core Lawyering Skill
t is seemingly tossed in as a ‘nice’ word in opposition to something bad or undesirable... .”4 More recently, the word has become a political playthinSyracuse UniversitySURFACECollege of Law - Faculty ScholarshipCollege of LawSummer 7-26-2012Thinking Like Non-Lawyers: Why Empathy is a Core Lawyering Thinking Like Non-Lawyers- Why Empathy is a Core Lawyering Skillriving at just decisions and outcomes”5 and Senator Jeff Sessions replying that he was “troubled” by President Obama’s use of the “empathy standard” when selecting federal judges:6[T]his view - that a judge should use his or her personal feelings about a particular group or issues to decide a case . Thinking Like Non-Lawyers- Why Empathy is a Core Lawyering Skill stands in stark contrast to the impartiality that we expect in the American courtroom. If a judge is allowed to let his or her feelings for one partyThinking Like Non-Lawyers- Why Empathy is a Core Lawyering Skill
in the case sway his decision, hasn’t that judge then demonstrated a bias against the other party? And, if a judge is allowed to inject his personalGọi ngay
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