Britan Leiter is a law and philosophy professor, yet he also claims to know how to "think like a lawyer". That raises a natural question: how does he know what it is to think like a typical lawyer?
We Get Mail: Thomas R. Grover, Esq. Edition: For criticizing Mr. Campos last week, I received the following insolent e-mail:
You’re a “Law and __” Professor, not a lawyer. How would you know how to ‘think like a lawyer’?
Thomas R. Grover, Esq.
Goodsell & Olsen, LLP
Mr. Grover is a law graduate of the University of Nebraska, one of those law schools that students should still be considering, even in the current market, and notwithstanding Mr. Grover. But it is odd that he thinks that being a lawyer and a philosopher involves a contraction, rather than an expansion, of knowledge and competence. In any case, I replied to Mr. Grover as follows:
Dear Mr. Grover,
Are you actually an attorney at the firm in question? If so, why do you not appear on the website? Do your supervisors know that you are using the firm’s e-mail to send impertinent and juvenile messages to other professionals?
“Thinking like a lawyer” refers to a style of reasoning and analysis that is exemplified in the law section of appellate briefs and in judicial opinions; I assume you must be familiar with both genres. It encompasses, for example, the use of analogical reasoning to distinguish precedents or propose extensions or developments of existing doctrine, but also involves techniques of statutory and constitutional construction, the use of arguments from authority, facility with the law/fact distinctions, and so on. Again, merely looking at the chapter headings of Schauer’s book Thinking Like a Lawyer would illuminate this apparently opaque topic for you. Alternatively, you might read Edward Levi’s classic book An Introduction to Legal Reasoning; Mr. Levi was the former Dean of my Law School, as well as former Attorney General of the United States.
Of course, there are more skills involved in being a lawyer than thinking like a lawyer. There is industry-specific knowledge, know-how with respect to how local courts or regulatory agencies approach statutory language, rhetorical talent, as well as a range of psychological and interpersonal skills that are important. For example, most good lawyers I know, among my family and friends, exhibit maturity and professional judgment, that would prevent them from sending insolent e-mails from their’s firm account to other professionals. I will be sure to send a copy of this entire correspondence to the name partners of your firm.
I do think we law professors, and especially those with blogs, have been far too tolerant of malicious and unprofessional conduct by usually anonymous or pseudonymous lawyers and students. Mr. Grover deserves credit for signing his name to his stupidity, and, of course, his intervention is a relatively mild example of juvenile nonsense emanating from putative lawyers. I’ve generally let most of this garbage pass in silence, but in the coming weeks I’m going to be posting a bit more about some alleged legal professionals whose on-line conduct deserves to be aired in public. I especially welcome more information on a sick individual using the pseudonym “dybbuk,” who is, among other pathetic characteristics, obsessed with the appearance of female law faculty, and who fantasizes on-line about spanking them with wet slippers (though that is only the tip of the iceberg of his malevolent conduct towards and harassment of individuals behind the cloak of pseudonymity). He is a Washington & Lee law graduate from the 1990s, and an appellate public defender, and we will have more to say about him soon. But I welcome any further details from readers.