Peter Friedman
Lawyer

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Ruling Imagination: Law and Creativity

June 26th, 2009 | argument, good lawyering, Legal education

Lawyers need to learn EVERYTHING.

A student complained to me yesterday that he was being penalized on his law exam because he didn’t know as much about the world as other people. I laughed. I would imagine that greater knowledge about the world would lead to the better performance in any occupation. But the complaint highlighted something unique I think to law. First, law does not stand alone — it only operates in connection with specific activities. If you’re a lawyer for an investment banker, you better understand credit default swaps. If you’re a lawyer for a real estate developer, you better know an awful lot about building. If you’re a family lawyer, a heavy dose of sociology and psychology would be very helpful. Lawyer need to be experts about the REALITY they are acting as lawyers within. The rules are the easy part. The hard part of lawyering is figuring out how to take evidence and use it effectively to interpret and apply those rules. The more you can explain persuasively what and why things happened, the more you can persuasively argue what the law means when it applies to what happened.

It also highlighted part of what I love about law. Every client, every problem, and every transaction requires me to learn about people and things that  I never knew before, often about people and things I had no clue even existed. The world is a very interesting and complicated place, and there’s no end of learning.

The fact my students know a lot less than I do is no surprise. Most of them are more than 25 years younger than I am. But they need to know that they always need to learn more and that I’m not penalizing them for not knowing things they haven’t been exposed to — I’m teaching them that the more they’re exposed to the better they’ll perform as lawyers.

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  1. Ruling Imagination: Law and Creativity » Blog Archive » Khan Academy: an invaluable new resource in your effort to learn everything Says:

    [...] I’ve written before,  good lawyers need to know everything. In other words, your professional life is  a constant and endless process of learning. [...]

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