The Good Lawyer
Seeking Quality in the Practice of Law
Douglas O. Linder and Nancy Levit
Table of Contents
The Wolf at Lost Lake
Obsessed with Quality
Chapter 1: THE GOOD LAWYER IS EMPATHETIC
Feeling Clients' Pain on Thunderhead Ranch
The Importance of Being Empathetic
Using Empathy to Tell Better Stories
The Origins and Science of Empathy
Can Lawyers Learn to Be More Empathetic?
The Challenge of Developing Empathy in Law Schools
Is More Empathy Always Better?
The Empathy Debate
Do We Want Judges to Be Empathetic?
Empathy and Moral Action
Chapter 2: THE GOOD LAWYER IS COURAGEOUS
A Profile in Courage
Can We Learn Courage?
Courage in Law Schools
Codes and Courage: Two Stories
Courage and Justice
Chapter 3: THE GOOD LAWYER PURSUES JUSTICE WITH INTEGRITY
A Framed Corduroy Jacket
Seeking Justice for People
Chattanooga Revisited: One Lawyer's Sense of Justice
Is the Pursuit of Justice Nothing More Than Helping Your Clients?
'Big Picture' Justice
When It Is Your Job to Do Justice
The Evolutionary Roots of Our Passion for Justice
Emotions, Reason, and Our Sense of Justice
Pursuing Justice, But with Integrity
The Importance of Honesty
Can Lawyers Be Honest All the Time?
Honesty in the Practice
'Let Justice Be Done Though the Heavens May Fall'
Pursuing Justice with Passion
Chapter 4: THE GOOD LAWYER VALUES OTHERS IN THE LEGAL COMMUNITY
A Humble (But Very Famous) Attorney
Remembering What Matters
The Power of Humility: One Lawyer's Approach to Negotiations
Mellow Beats Bellow
What to Do About Incivility
The Idea of Political Fraternity
Our Political Differences: Whose Side Are You On?
Can Liberals and Conservatives Be Friends?
Roots of Our Political Differences
The Six Foundations for Moral Judgments
'Follow the Sacredness' and Seek Diversity
Chapter 5: THE GOOD LAWYER USES BOTH INTUTION AND DELIBERATIVE THINKING
The Medical Instrument That Wasn't
Expert Intuition Is Simply Good Pattern Recognition
The Costs and Benefits of Intuition
Mental Blind Spots
All We See Is All There Is
Too Narrow Framing
Negative Implicit Attitudes
It's Hard to Keep an Open Mind
Chapter 6: THE GOOD LAWYER THINKS REALISTICALLY
ABOUT THE FUTURE
What Research Reveals About the Predictive Abilities of Lawyers
We Want to Believe the World Is More Predictable Than It Is
Here Come the Computers
Being Smart About Probability
Decision Trees, Game Theory and the Hope of a Better Settlement Process
Imagining the Future (An Amazing Human Trick)
The Future Is Hard to See
A Balance Between Knowing and Doubting
Chapter 7: THE GOOD LAWYER SERVES THE TRUE INTERESTS OF CLIENTS
A Story of a Wise Lawyer
Being Clear About Aims
Advocates and Counselors
The Four Possible Aims of Lawyers
What's Wrong with 'Winning Is Everything"?
Lawyers as Hired Guns: What's Wrong With Maximizing Client Autonomy?
Guru Lawyers: What's Wrong with Simply Doing Right as the Lawyer Sees It?
Lawyers as Friends: Aiming for Client Goodness
Involving the Client in the Process
Categorizing and Framing the Issues
Identifying and Serving the Client's True Interests
Thinking Like a Judge, Not a Lawyer
Chapter 8: THE GOOD LAWYER HAS AMPLE WILLPOWER
One Persistent Lawyer
Willpower in a Stress-Filled Profession
The Importance of Willpower
Mindsets and Willpower
Our Finite Supply of Willpower
Can Willpower Be Strengthened?
Emotional Traps that Drain Willpower and Harm Decision-Making
Making the Future Bigger
Chapter 9: THE GOOD LAWYER IS PERSUASIVE
Being Honest and Courageous
Appealing to Moral Intuitions
Using Words and Sounds That Stick
Anchoring and Framing
Respecting Opponents and Making Strategic Concessions
Chapter 10: SEEKING QUALITY
The Trajectory of Careers
The Nature of Practice and What It Means for Quality
Creating Environments Where Good Lawyers Can Flourish
The Scourge of Billable Hours
What a Good Lawyer Does
Finding Work that Fits Your Strengths
If You Are a Good Lawyer, Who Will Know?
At Career's End: Remembrance of Things Past