Holistic Lawyers: Blending Doctrine, Skills, and Humanity

The legal profession has undergone significant change over time and often more slowly than some might have wished for. Historically the legal profession was driven by history, “thinking like a lawyer,” and being reactive instead of being proactive. This is illustrated by how we educate lawyers here in the United States.

The first year is, essentially, full year of legal history where students look backwards at how the law came to be and evolved. The two years that follow are more of the same with the periodic experiential learning or practical learning opportunity sprinkled in. This continues to leave new lawyers unprepared to practice. They are left with an understanding of being a lawyer based on the past rather than centered on the present with a view to the future.

Today’s legal services landscape demands more. Lawyers of today must be more than just fluent in legalese, they must be able to employ emotional intelligence, demonstrate technological proficiency, and adopt a client-centric approach to legal issues. 2023 certainly demonstrated the influence of technology as we saw the rise of generative artificial intelligence and saw recognition by legal departments, law firms, and even the Supreme Court (in a report published by Chief Justice Roberts) of the usefulness of AI and the need to use it cogently and cautiously.

Legal education needs to adapt. Some law schools already have such as Northeastern School of Law, Stanford Law School, Suffolk University Law School, and many others. Still, many more need to adapt, and soon. Law schools’ pedagogical approach needs to shift from legal history to a diverse mix of theoretical knowledge, legal doctrine, and practical training using experiential learning including experiences like negotiations, contract drafting and redlining, using legal tools to craft documents like contracts and briefs, and devising legal strategies using data and analytics.

Yet, technological awareness and experience and practical skills training is not enough when it comes to educating and training would-be lawyers. Legal education should explicitly incorporate components of emotional intelligence such as self-awareness, which helps lawyers understand their biases and motivations; self-regulation, which enables them to manage stress and impulsivity; motivation for ethical and community-focused practice; empathy to deeply understand client perspectives; and advanced social skills for effective negotiation and conflict resolution.

Empathy, in this context, goes beyond mere understanding; it involves deeply engaging with clients' emotional and situational realities, such as comprehending the stress of a family going through a divorce or the anxiety of a startup facing its first legal challenge. Legal education should, therefore, include case studies and role-playing exercises that simulate these emotional client interactions. While technological competence is indispensable for modern legal practice, it is the synergy with emotional intelligence that truly enhances a lawyer's capability. Technology can streamline tasks and uncover insights, but without empathy and emotional acumen, a lawyer might miss the nuances of a client's situation or fail to build trust and rapport.

Legal education institutions should adopt a multifaceted approach to develop these skills, including mindfulness training, empathy workshops, communication skills classes, and opportunities for reflective practice. Additionally, integrating technology ethics courses can help future lawyers understand the broader impact of their work on society. Mentorship from seasoned professionals who exemplify a balance of emotional intelligence and technological savvy is invaluable. Internships and clinics where students handle real cases, under guidance, provide fertile ground for cultivating these essential skills. Here, students can learn firsthand how to navigate the complexities of human emotions and legal challenges.

The legal profession has come a long way from its historical roots, but legal education must continue to evolve. Law schools should shift their focus to a balanced curriculum of legal theory, doctrine, technological skills, and hands-on practical experience. Most importantly, educators must cultivate emotional intelligence and empathy in students. With a multifaceted approach of technology, practice, and humanity, legal education can produce attorneys truly equipped to meet the emerging challenges of the profession.

The lawyers of tomorrow must have both intellect and emotional acumen to navigate complex societal problems and serve their clients with compassion. Legal educational institutions bear responsibility for shaping not just legal minds, but also hearts, to elevate and transform the legal landscape.

For more reading on efforts aligned to what I espouse here, follow the work of Jordan Furlong and Mark A. Cohen .