b'Fall/Winter 2020Page 5 Does Practicing Law Makecentered age, an age that roughly tracks that ofthebabyboomerormegeneration.We You Smarter?should probably be spending at least half our (Continued from page 1)timesayingnotoclients,butofcoursewe dont.We have lost our arbiter role and quasisagedeliveredbyExhibitOne,Professor-elitist status due to the pressure to conform Kingsfield,whointhefilmadaptationofour performance to the expectations of the cli-John Jay Osbornes novel The Paper Chase ents.Clients see things in only one way and tellshisfirst-yearcontractsclassthathisexpect their lawyers to validate their view of littlequestionswillspinthetumblersofthings.Great for the client.Not so much for the lawyer. their minds.We do brain surgery here, he tells the students. You teach yourselves theOur role for clients is to make a claim law, but I train your mind.You cometo truth.The problem is that it leads in here with a skull full of mush, and We shouldmanyofus todeceive ourselvesinto you leave thinking like a lawyer. probably bethinking we are delivering it, no mat-Thebasicunderstandingisthatspending at leastterwherethetruthlies.Everything thinking like a lawyer is the ability tohalf our timecounselsidentifyingpersonallywith consider both sides of an argument atsaying no tothe position you are advocating.It is clients, but ofa natural default position to think it the same time. But surely that cantcourse we dont. is easier to sell someone something if be enough for us to make our claim toyou yourself believe in what you are beingspecial.Onlyafoolorzealotselling. wouldnt see the need to recognize the other side of an argument.What chutzpah to be- Thesearehydraulic,transformativeforces.lieve that we are smarter, based on our abil- Whilethereisalegitimatechickenoregg itytoreason,than,say,scientists,physi- question as to why we tend to end up special-cians,engineers,andprettymuchanyoneizing. We end up as prosecutors, criminal de-elsewhohastothinkthroughaproblem.fenselawyers,plaintiffslawyers,insurance Maybe thats been the greatest trick lawyerslawyers,andthelike,notoftenchanging haveplayedonthepublic,andadevilishteamsandadopting,consciouslyornot,the oneatthat,makingitthinkwehavethis superior way of thinking.attitudesandbiasesanimatingaspecialtys particular world view. We become what we do. Partisanship gives purpose, motive, and direc-It is humbling to recognize that were not sotion.It comes at a high cost, that independ-special in the way we think.Its both hum- ence of mind seeking its own satisfaction. blingandembarrassing,ifwegofurther, and recognize the practice of law is hardly aThe engineers, physicians, and others I men-healthyenvironmentforwhateversmart- tioned have an easier and more fulfilling time ness we have to flourish.It is, in fact, anof it. They get to seek the truth and then to environment hostile to smartness.actonit.Whattheyhaveiswhatweall should want, a job that makes us smarter, not Clientsdontmuchcareaboutoursmart- just more knowledgeable or more experienced, nessunlessitsupportsthegrievancethey wantyoutopursue.Weliveinaclient- but smarter.It looks like Ive buried the lede.(Continued on page 8)'