The Good Lawyer

PREFACE The Wolf at Lost Lake Obsessed with Quality INTRODUCTORY NOTE 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 Physical Courage Moral Courage Psychological 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 Confirmation Bias Mental Blind Spots All We See Is All There Is Anchoring 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 Promise Keeping 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 Establishing Trust 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 Willpower Lessons 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 Being Empathetic Appealing to Moral Intuitions Using Words and Sounds That Stick Anchoring and Framing Respecting Opponents and Making Strategic Concessions Preparing Thoroughly 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