Connie Healy

Legal skills

Introduction

Legal skills. Legal skills must evolve. This article advocates a client-centred, design thinking approach for lawyers, integrating societal factors & theory to navigate law in an an AI-driven, post-pandemic world.

Abstract

The movie A Few Good Men is known for the infamous line: ‘You can’t handle the truth.’ Less attention is placed on the dialogue that follows when Jack Nicholson’s character tells the attorney cross-examining him: ‘You have the luxury of not knowing what I know… I have greater responsibility than you can fathom.’ In imbuing lawyering skills, much of the academic focus has been on legal writing, research, analysis, and advocacy. Although, these skills remain the core requirements for lawyers in ‘handling the truth’, this article argues, however, that, particularly, in a world changed by the pandemic and artificial intelligence, lawyers will need to be able to offer more. There needs to be a move from a ‘linear’ approach to case progression which, typically, starts with the historical facts of the dispute presented at an initial lawyer-client interview and progresses to final hearing or settlement, to one in which lawyers need to consider the wider implications of the conflict that has arisen. Consideration must be given to the personal, financial, societal factors or responsibilities that may have contributed to the legal issue for the client and how these factors may potentially impact on the client’s autonomy to resolve the dispute. In attempting to ensure that future lawyers ‘fathom’ the client perspective, this article will examine importance of legal educators underpinning design thinking in law by being cognisant of, and engaging law students with theory, to include Bronfenbrenner’s theory of the ‘ecology of human development’ and the extent to which being part of this wider ecology impacts on conflict and the way in which a dispute develops. It argues that a robust theoretical framework will aid understanding for a more ‘client-centred’, multi-disciplinary and therapeutic jurisprudential approach enhancing design thinking, such that future generations of lawyers develop the transversal skills required to take a wider, shared leadership perspective in addressing clients’ concerns in a more complete way. While this applies more specifically to future lawyers in common law jurisdictions, it is argued that such understanding will be important for anyone who wishes to use their law degree or training, in-house or in industry, whether working with teams of professionals, clients or customers across both common and civil law jurisdictions.

Review

The article "Legal skills" presents a timely and critical re-evaluation of legal education and practice, advocating for a move beyond traditional core competencies. Using a compelling cinematic reference, the abstract effectively introduces its central premise: the imperative for lawyers to cultivate a more profound understanding of client circumstances and broader societal impacts, particularly in a world reshaped by global pandemics and artificial intelligence. It challenges the conventional 'linear' approach to dispute resolution, arguing for a holistic perspective that integrates personal, financial, and societal factors contributing to a client's legal issue. A significant strength of the article lies in its proposed interdisciplinary theoretical framework. It posits that legal educators should underpin design thinking with robust theoretical engagement, specifically citing Bronfenbrenner’s theory of the 'ecology of human development' and therapeutic jurisprudence. This theoretical grounding aims to foster a more 'client-centred,' multi-disciplinary approach, equipping future lawyers with the transversal skills necessary for a "shared leadership perspective" in addressing client concerns comprehensively. The emphasis on developing a deeper understanding of the "wider ecology" that impacts conflict is a crucial contribution, promising to move legal practice beyond mere technical proficiency to a more empathetic and effective engagement with complex human problems. The proposed shift in pedagogical approach, moving towards cultivating lawyers who can "fathom" the broader implications of conflict, holds substantial promise for enhancing the relevance and impact of legal professionals across various sectors. While specifically targeting future lawyers in common law jurisdictions, the article persuasively argues for the broader applicability of these insights for anyone leveraging a law degree in-house or industry, working with diverse teams and clients globally. This article appears to be a valuable contribution to the ongoing discourse on legal education reform, offering a compelling theoretical blueprint for preparing future generations of lawyers to navigate an increasingly complex and interconnected world with greater efficacy and social responsibility.

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