Download - Toward A Lawyering Jurisprudence1 · Toward A Lawyering Jurisprudence1 Robert S. Redmount* "A great deal of the law under which all of ... experience as a trained clinical psychologist

Toward A Lawyering Jurisprudence1

Robert S. Redmount* "A great deal of the law under which all of us live . . . is

written . . . by American lawyers, sitting in their offices, striving

* Ph.D. Clinical Psychology, New York University 1949; J.D., Yale 1957. I wish to thank the Root-Tilden scholars a t the New York University School

of Law for helping me to sharpen the ideas presented in this article. They partici- pated in a seminar I conducted in the Spring of 1976 titled "Humanistic Law and Legal Counseling." It also may be pertinent to know that my ideas derive from experience as a trained clinical psychologist as well as from training as a lawyer.

1. I first heard the term "lawyering jurisprudence" used by Louis M. Brown, an experienced tax lawyer, member of the California bar, and currently Professor of Law at the University of Southern California. Professor Brown has been seminal in some of the concepts he has developed for the Bar and for legal education, most notably "preventive law," "legal autopsy," "live v. dead facts," and "client cen- tered law office competition." These and a spate of other ideas he has elaborated from time to time in such of his writings as Legal Autopsy, 39 J. AM. JUD. SOC'Y 47 (1955); The Law Ofice-A Preventive Law Laboratory, 104 U . PA. L. REV. 940 (1956); Teaching "Periodic Legal Check Up"-An Experiment, 10 J. LEGAL EDUC. 234 (1957); The Case of the Re-Lived Facts, 48 CALIF. L. REV. 448 (19605; Legal Audit, 38 So. CALIF. L. REV. 431 (1965); Theories and Practices in the Legal Profession, (with W . Probert), 19 U. FLA. L. REV. 447 (1967); and Toward a Juris- prudence for the Law Ofice, (with T.L. Shaffer), 17 AM. J. JURIS. 125 (1972). He is currently a t work (with collaborator Profssor Edward Dauer) on a treatise entitled Planning By Lawyers.

Another important contributor to the ideas for a lawyering jurisprudence is Thomas L. Shaffer, Professor and formerly Dean a t the Notre Dame Law School. Professor Shaffer's emphasis on the human dimension and a humanistic orientation in lawyering and legal education is especially notable in such of his writings as On Making Lawyers More Human, THE STUDENT LAWYER, Sept. 1972, at 16; Collaboration in Studying Law, 25 J. LEGAL EDUC. 239 (1973); Lawyers, Counselors, Counselors at Law, 61 A.B.A.J. 854 (1975); and Christian Theories of Professional Responsibility, 48 So. CALIF. L. REV. 721 (1975). See also his DEATH, PROPERTY, AND

LAWYERS (Dunellen Publishing Co., 1970). He has recently completed a treatise and research study (in collaboration with R.S. Redmount) entitled Lawyers, Law Stu- dents and People (Shepard's Citations Inc./McGraw Hill, in press).

See also, by R.S. Redmount, the following articles pertinent to the development of a lawyering jurisprudence: Attorney Personalities and Some Psychological Aspects of Legal Consultation, 109 U . PA. L. REV. 972 (1961); Humanistic Law Through Legal Education, 1 CONN. L. REV. 201 (1968); Humanistic Law Through Legal Counseling, 2 CONN. L. REV. 98 (1969); Law as a Psychological Phenomenon, 18 AM. J. JURIS. 80 (1973); Transactional Emphasis in Legal Education, 26 J. LEGAL EDUC. 253 (1974); A Clinical View of Law Teaching, 48 So. CALIF. L. REV. 705 (1975); and Marriage Problems, Intervention and the Legal Professional, 50 CONN. B.J. 11 (1976).

24 The Journal of the Legal Profession

to carry out the lawful wishes of their clients.'' This observation was made by Dean David Cavers of Harvard more than forty years ago.

Lawyering jurisprudence invites the lawyer and the legal scholar to view matters of law and justice from a fresh perspective. The conventional wisdom is that law deals with the exercise of authority and the operation of rules. It is governmental processes that are focal, and the impact on other institutions and the individual is derivative. (The jurisprudential tradition has been to focus mostly on what courts say and do.) The means of inquiry about these matters is most essentially analytical method, and there is substantial reference to legal history.

My brief in this article is that law ought to be and needs to be perceived and understood in terms that are more person oriented. It needs to be concerned with law and justice as a matter of individual and private experience-the focus is on what the individual citizen thinks and feels and experiences about law. After all, the "bindingness" of the law, the source of its adhesion in society, lies not only in the power it can bring to bear in society. It is also in the willingness of a citizen to respect the law and to feel that he can be protected and supported by it. I conjecture that persons not only have a sense of justice, to some extent borne of conscience, but also have a disposition to order and regularity in their lives based on a conglomerate or merging of physical, psychological, and social experiences. The "law within us" may be as powerful as, more powerful than, the law of the gavel or the police whistle or the printed word. The window to this private experience of law, and possibly even the measure of conventional law's effectiveness, is to be found mostly in the lawyer's office and in the lawyer-client relationship.

This view of law is an interpersonal and often a transactional view. It addresses itself to questions about the character of the lawyer-client relationship and about goals, methods, and outcomes in the lawyer-counseling-the-client process. It turns on the "human" dimensions of experience-on attitudes, personal under- standings and persuasion-even more than on the "legal" dimen-

A distinguished precursor of a current trend in lawyering jurisprudence is Jerome Frank. See especially his LAW AND THE MODERN MIND (Coward-McCann, 1930); What Courts Do In Fact, 26 ILL. L. REV. 645 (1932); Why Not a Clinical Lawyer School, 81 U. PA. L. REV. 907 (1933); IF MEN WERE ANGELS (Harper & Brothers, 1945); A Plea for Lawyer Schools, 56 YALE L.J. 1303 (1947); and COURTS ON TRIAL (Princeton Univ. Press, 1950).

Toward a Lawyering Jurisprudence 25

sions. It focuses on support of the client, clarification of problems with the client, and then deciding and planning with the client and implementing decisions, if that remains to be done.

This view of law will also see clients and client problems in terms that transcend "the legal problem." Lawyers intervene in client affairs; it is not clients who intervene in legal affairs. This means that due regard must be shown for the economic, psychological, ethical, and social contexts in which the client operates. The lawyer's intervention affects client experience in ways that are not defined by the law books. The measure of a healthy or desirable outcome may not be whether the lawyer has functioned competently with his legal skills but how the lawyer has affected the client's state of being and the state of the latter's affairs. This is a broader and more responsible view of professional intervention in which law is but one desideratum. It is not law a t the apex of a pyramid control- ling or dominating everything that goes below. The skilled legal professional is not only prepared to be an advocate and adversary, defending rights and seeking the enforcement of duties. He or she is prepared to assume a broader perspective and show more humanistic concern for the client. He or she requires a broader and less selective range of trained skills to be brought to bear in dealing with clients and their concerns.

These emphases distinguish lawyering jurisprudence from Pound's "theory of social interests," or Kelsen's structuralistic views of law, or Austin's analytical jurisprudence or Savigny's historical theories about law. The most notable contemporary legal thinkers, such as H.L.A. Hart and Lon Fuller, address themselves to weighty conceptual matters regarding the law, either in an analytical or social and moral view, but they do not address themselves to the human and humane character of legal experience.

One can do more than postulate a position. One can develop a framework of inquiry, or of interest and value, that helps to define and elaborate what is meant by a lawyering jurisprudence. A number of key questions may be raised.

I. What Is a Lawyer? A lawyer, in social and value terms, is an upholder of traditional values. He is a conservator of things that have come to be regarded as valuable and that are supported by the law. These include status, wealth, and privilege. Indirectly, a lawyer is a conservator of culture. A lawyer is also a social change agent. He is an instrumentality for mitigating hardship and for redressing grievances. He is a source of opportunity for those who have lacked representation or opportunity or are simply disadvantaged. He is a


vehicle for growth and progress. In brief terms, the lawyer is a power broker for the values and interests of society and its citizens.

A lawyer, whether acting in the interests of the conservative, the progressive, or the radical, is also a responsive human being. He deals with his clients a t some level of intimacy that involves human- to-human contact. He is, effectively, friend, confidant, supporter, and protector whose personal interest is not entirely separate from professional interest in his client and the latter's welfare.

A lawyer, as a responsive human being, social change agent and upholder of traditional values, operates in terms of a variety of professional roles that may be readily conceptualized. He or she is, most familiarly, a litigator whose skills and style of advocacy are enabling and permit the institutional processes of law to operate in a client's behalf. He or she is also a manipulator, in both positive and negative senses of the term, whose contacts and skills render influence possible to serve a client's interests. A lawyer is also a negotiator whose mediational skills find solutions to problems that may provide for more continuities in experience and for less cost and hardship than would be involved if conflict were allowed to develop and remain. A lawyer is, further, a counselor whose em- pathic qualities and human relations skills may become essential to helping a client in the way that most benefits the client and provides for the latter's understanding and acceptance. Finally, a lawyer is an accomplished draftsman whose skills in the use of language and in the interpretation of law facilitate a client's purposes and implement solutions to a client's problem.

A lawyer may occupy one or several of these professonal roles, separately, sequentially, or nearly simultaneously. He or she is rarely accomplished, by disposition or training, in all of these roles. Skills may be lacking for the adequate representation of some of these roles in relating to a client and handling a client's affairs.

11. Who Does a Lawyer Serve? A lawyer serves a spectrum of interests, but, most importantly, he or she serves people. A lawyer serves private clients, whose needs are likely to be more personal than social, more intimate than detached, and psychological as well as economic or political in character. A lawyer, of course, also serves corporate or institutional clients whose aims, goals, and needs are typically viewed as more economic and social in character than personal or psychological. This typical view tends to obscure the fact that transactions involving corporate or institutional clients have a distinctly human character and involve the personal ethics, emotional sensitivities, and behavioral dispositions of agents.


A lawyer serves government and, in doing so, becomes an advertent instrument of power affecting both public and private interests in ways that may or may not be balanced or attuned to the needs and dispositions of its constituents. Here an issue occurs as to whether government leads or follows its constituency and whether its representatives (lawyers for the most part) are sensitive to the polity or consider themselves an entity apart. Lawyers also serve the disadvantaged. Implicit is feeling for the sensitivities and needs of the disadvantaged client even if the service is conducted more on a representational than a personal level. In truth, the lawyer's service here is both personal and representational. He or she unfortunately may get carried away with the attitude that the constitutional or legal rights and entitlements issues negotiated are more important than the personal and humane treatment he or she gives the client. An issue of ministerial priorities comes into focus here.

Finally, and not to be omitted, the lawyer in his or her service to others also has his or her self as a client. It is this ambiguity that sometimes reflects the self-serving character of a lawyer's work under the guise of commitment to a cause or service to a client. The lawyer is, withal, a human being with his or her own emotional and economic needs and ethical, social and political dispositions.

III. What Does a Lawyer Do (with, for, or to a client)? Funda- mentally, a lawyer is a problem solver. Implicit in this statement is the recognition that the lawyer searches and considers facts and attitudes, and formulates or helps to formulate a problem in some particular terms. He or she envisions solutions and then implements or helps to implement procedures that provide problem resolution, again in some particular terms. It is typically a client's problem which the lawyer treats, and so a dimension of his or her service is or ought to be, in all phases of work, personal consideration of the client. This means continuing responsiveness to the latter's feelings, sharing problem definitions with the client, and consultation on problem solutions in terms of the client's needs and dispositions. In solving problems the lawyer engages in decision-making, and this may be, ought to be, shared with the client since i t is the client's experience and perhaps well being that are mostly a t stake. The lawyer also engages in decision implementaticn, and here he or she may utilize skills, such as skills in drafting or litigation, that are most essentially in the province of a lawyer and on behalf of a client. Even here, client-centeredness and consultation with a client may be essential or a t least desirable to an effective ministerial service.

The lawyer, in doing his or her job, engages in advocacy. He or


she seeks to advance a certain proposition or set of interests and exercises rhetorical and persuasive capacities to these ends. He or she engages in consultation, which may be in the nature of giving perspective and advice to clients or sharing in decisions as an inter- ested or disinterested party whose prestige and intelligence, not to say expertise, are valued. The lawyer is also a person who negotiates or conciliates difficult problems, using his or her powers of intelligence and persuasion to achieve equitable, if not favorable, ends. Lastly, but most in importance from a humanistic perspective, the lawyer engages in counseling as a means of clarification and support for the client.

In terms of client circumstances and problem solution the lawyer engages in a process of thinking and action orientation that emphasizes prevention. The "prevention" is the avoidance, fore- stalling, or elimination of future experience that appears detrimen- tal to a client's interests and feelings. The lawyer also engages in planning, which, again, is future-oriented, and seeks to provide orderly and creative means for realizing client needs and purposes. The lawyer, further, engages in facilitation, which is distinguishable in that he or she may exercise resourcefulness in an effort to provide "best possible" solutions for a client's current needs and problems. And, finally and familiarly, the lawyer engages in correction, in the redress of disadvantage, hurt or wrong so as to afford more protec- tion and security for a client's interests and satisfaction of needs.

IV. What Are Lawyer's Skills? As has just been noted, the most fundamental skills needed and exercised by a lawyer are those of thinking, speaking, writing, and relating to others. At another level of abstraction, affording more specific occupational characteristics, the lawyer reflects or should be able to reflect a number of lawyering skills. The lawyer engages in fact-finding. The facts which he or she deals are not free-floating but are part of a universe of experience that affords its own place and meaning for the facts. Facts may operate within a psychological, medical or economic framework, or some other. The recognition and interpretation of facts in context is a notable neglect in legal ministrations as the dominant tendency is to search, identify, and utilize facts that fit a legal purpose and not necessarily a well-understood client experience. The tactics of interviewing as a fact-finding procedure-how to probe for and how to evaluate statements of information-are yet another dimension of the fact-finding skill.

The lawyer's engagement in counseling, usually client- counseling, has distinctive attributes. Fundamental to counseling is


a good sensitivity for and understanding of the psychological and ethical dimensions of the relationship between lawyer and client. This involves covert as well as overt emotional and value loadings of each party. The emphasis in counseling is less a matter of intel- lectually structuring content, though this may be a component. Its concern, somewhat in distinction to fact-finding but not entirely separate from it, is attitude clarification and attitude influence. Understanding and perhaps modifying feelings, insights, and expec- tations is the crux of the client-counseling experience and may sometimes be the most essential lawyering service.

The skills of negotiation involve, typically, three major compo- nents. One, especially in the context of client affairs, is economic analysis. The lawyer needs to be able to assess possibilities and their consequences in dealing and trading in the client's economic facts of life and his or her economic condition. Another component is psychological analysis. This involves an understanding, often intui- tive, of the personal attitudes and dispositions that are likely to be generated by taking particular stands in the negotiation process. The psychological component relates to all the parties to a negotiation, including the lawyer's client, and thus sets up a psychological chessboard. A third component in negotiation skill is facility with the mechanisms of persuasion. Persuasion involves different sets of appeals-to power, affection, and/or morality. Knowing how and when to generate these appeals and with what effect is crucial to successful negotiation.

Research skills are another, more familiar essential of good lawyering. Lawyers make reference to a body of law in the context of dealing with clients. "Researching the law" involves, first of all, bibliographic skills that include the knowledge of where to find and how to use relevant law. Case analysis and interpretation is another forte of the lawyer who must, among other considerations, place the client's situation in the context of the governing principles of liti- gated cases. The construction of statutes and regulations in general terms and also in relation to the client is another coordinate, another element that influences choice in the lawyer-client consultation.

Drafting skills are yet another essential in the lawyer's practice. It is not only writing well but writing in the conventional forms of written legal communications that is important. Drafting contracts or other legal documents involves semantic skills and merging these with knowledge of law and of client requirements. A clear, concise, readable legal document, divested of a more traditional obscuran-


tism, is truly an art form. Brief writing, or informing and persuading on paper, within the limits and structure of conventional juridical practice, is another dimension of the drafting skill to be cultivated. Memorandum preparation, or the art of short, precise abstraction and communication, is yet another drafting skill. Effective letter- writing and correspondence skill rounds out the range of drafting competences that are essential for good lawyering.

The skills of litigation are the most readily recognized in the lawyering community. ~ h e s e include knowledge and facility in the mechanism of persuasion as these operate or can operate in a juridical context. The influencing of judges and juries is the immediate object of the litigation procedure. The conduct of examination combines elements of inquiry and influence and is governed by knowledge of rules of evidence. The tactical development of opportunities for success in litigation, notably through the use of motions, also involves knowledge of and working familiarity with civil or criminal procedure. And, finally, success in litigation is virtually impossible without knowledge of the substantive law that supports a lawyer's position and refutes or a t least questions that of his litigating oppos- ite party.

V. What Values Does a Lawyer Emphasize? The lawyer is both advocate and representative of the supremacy of law. In the law office function he or she is, in a sense, a civilian administrator of the law. As an "officer of the court" the lawyer exercises legal powers and as an interpreter of the law for his or her client emphasizes its limits and requirements. The lawyer may vigorously display this matter of legal authority or may prefer to emphasize other value considerations. He or she may be a strong advocate of social justice and seek to advance the causes of a particular client or set of clients who are disadvantaged or underrepresented. He or she may be an advocate of legal justice and constitutional principles, stressing the rights and privileges accorded citizens generally and personal clients in particular by constitutional provision and legislation. He or she may stress client centeredness and the well-being of clients, not only by representing the client but by identifying with the best interests of the latter. Here humanist considerations, in the case of a private, non-institutional client, may compete with and even out- weigh legal considerations.

The lawyer, in defending or advancing particular value objec- tives or ends, also stresses particular process values. He or she may be especially sensitive to feeling or flexible and creative in seeking possibility. An orderly and methodical approach in achieving defini-

Toward a Lawyering Jurisprudence 3 1

tive results may be highlighted or character and integrity may be emphasized. To his or her client the lawyer may also symbolize strength or stability or honesty in what he or she stands for or in the way this person conducts relationships and affairs. (Alternately, the lawyer may appear or be insensitive, poorly organized, or de- vious.) Advertent or inadvertent values reflected by the lawyer may inculcate attitudes toward law and lawyers and, simultaneously, affect client behavior and outcomes.

VI. What Are the Personal Satisfactions in the Practice of Law? An important focus of the practice of law is on client experience. Importantly, however, the personal experience is also that of the lawyer. Lawyers derive satisfaction or disappointment, fulfill- ment or frustration from the practice of law. The personal values of the lawyer may be served in client satisfaction, in helping others in some tangible way that visibly affects their lives and that reflects good feeling between people. The defense of traditional social and cultural values may provide personal gratification to the lawyer. This may be consistent with his or her personal view of what is to be supported and cherished in life and sustains a sense of meaning and purpose in existence. The lawyer may value progress for the disadvantaged. Here i t is a personal sense of progress that may be served and the feeling generated is one of gratification and even exhilaration in improving the human condition.

The satisfactions to the lawyer are likely to be practical as well as altruistic. They affect his or her status in life and the quality of his or her personal living. They relate ultimately to the sense of personal well-being and the way the lawyer feels about himherself. Personal income derived from law practice is an important measure of achievement and source of personal benefit. It would be less than candid to fail to recognize that the lawyer, especially the lawyer in independent practice, has a heavy personal interest in the service rendered to a client. Recognition is also afforded the lawyer by the character of his or her work. A lawyer is a person of consequence in society and lawyering is a vital and a t times highly visible activity affecting personal lives and relationships. Derivative from this are the prospects for political power and social prestige that can come to a lawyer through the lawyering experience. He or she can assume importance in a community and exert influence that may extend well beyond the parochial functions of practicing law. The awareness and experience of professional skill are in themselves a source of personal strength and satisfaction to the lawyer. Feelings of competence are essential to a sense of well-being and skill is an impor-


tant dimension of adequacy. A sense of community, in fraternal and collegial relationships with others, is yet another important source of personal satisfaction. The practice of law provides a basis and a means for personal associations that kindle feelings of belonging and of satisfaction in the company of others.

A practice of law without sufficient personal satisfactions to the lawyer is an empty experience. It may also become a bitter or boring experience and affect the quality of professional relationships and personal service. The eroding of important human values may occur, and such effects as cynicism and dishonesty may develop where the lawyer is unable to substantially appreciate and benefit from the character of the work in which he or she is engaged.

VII. What Kind of Person Makes a Good Prospective Lawyer? There are discrete attributes that would appear to be particularly essential to the total competence of a lawyer. Intelligence and common sense are, in combination, a capacity and a virtue that tend to assure proper understanding and perspective in dealing with matters of importance. The lawyer, though he or she may not always recognize it, deals with matters of personal and social complexity. I t is his or her intelligence and judgment that help to refine these matters and provide resolution where there is need, frustration, or conflict. A component of this intellectual value is the skill of analysis. The lawyer must be able to separate wheat from chaff and place the data with which he or she deals in some hierarchical or other relational order. These are important elements in the ability to solve problems. Analytical skills are essential but can be over- done if the lawyer reduces all experience to or through logical or legal analysis.

Another essential of the good lawyer that is partly intellectual bu t also may be reflective of character is the disposition to be methodical. The lawyer, in one of his or her most essential functions, must be competent in the ordering and organization of a variety of data. This requires disciplined habits of specificity, inte- gration, and consistency without which bias or incompetence may occur. Yet another attribute that combines intellectual capacities with expressiveness is the ability to articulate. The lawyer relies heavily on language to negotiate his or her professional functions, and this optimally involves both competence and style orally and in writing. Without skillful articulation the lawyer cannot produce the clarity and sometimes the persuasiveness that is essential to his or her work.


The lawyer as a dealer in values cannot afford to be unaware of the values he or she reflects and espouses. The lawyer must be value conscious. He or she may attempt to isolate or eliminate value biases from the lawyer's work or may consciously integrate his or her value emphasis and preferences. The first may be an exercise in self- deception, though one may be able to approximate fairness and objectivity if there is sufficient consciousness of bias. The second requires the discipline to appreciate when and how certain value preferences operate in the development of facts and theories and the promulgation of solutions to problems.

Finally but not lastly, emotional sensitivity is an important and even a vital attribute of the good lawyer. The lawyer deals not only in problems and values but also in human experience that is personal and sensitive and sometimes even touching. It is often the humaneness of the lawyer's contribution to human experience that is his or her most essential and best appreciated service. Words and ideas have a tendency to obscure as well as to explain important feelings. High levels of analytical skill and articulateness may in- hibit emotional contact and expression, and thus destroy the essen- tials of emotional sensitivity. An adequate balance of the emotional and the intellectual is a matter that must be purposefully and consciously cultivated if the lawyer is to reflect true competence to deal with other human beings.

VIII. What Training and Education is Essential for the Legal Professional? I t is arguable whether good lawyers are born, figura- tively speaking, or whether they are made. It is probably a little of both, and it may also be argued that some lawyers may be better suited for certain kinds of lawyering. There may be important dis- tinctions of personal capacity and sensitivity between the adver- sarial lawyer and the lawyer who does most of his work in law office counseling, between the lawyer whose practice is in family relations and another who concentrates on corporate and commercial affairs, and between the lawyer who emphasizes public interest advocacy and another who represents governmental interests in law and order. The idea of a common professional education adequate or appropriate to all lawyers may be somewhat strained, but one may argue for certain unitary characteristics in the profession that should be consciously trained and developed.

The skills of interpersonal relations, beyond the level of ordi- nary relationships between people, need to be developed. The lawyer ought to be trained and skilled in his or her capacities to understand, support, and influence people. The arts of communication


and persuasion involve intellectual, emotional, and value compo- nents that are highly important to the outcome of lawyering. They are also highly specific to what the lawyer does and how well he does it, in dealing with clients, problems, and other matters and relationships. In a nutshell, he or she needs to know something systematic about the workings of human beings.

The skills of social analysis involve the development of capacities to deal with problems and context. Here the lawyer must learn to understand facts and theories in their proper relationship to the experience of clients, and perhaps also in their relationship to social and historical experience. Psychological, economic, and ethical de- nominators may govern conduct and often are the prime determi- nants of what ought to be sufficient and proper focus for a lawyer dealing with a client. A failure to see and deal with problems, including legal problems, in terms of personal and social consequence is a failure of proper and useful lawyering function. The need is to learn and know more about human experience in various contexts in which i t occurs. Included is a broad spectrum of knowledge about various facts and theories and the means of inquiry into them.

The awareness and skills of professional responsibility involve the development of ethical sensitivities and a sufficient understanding of professional role and function. The ways and consequences of intervention into personal and social affairs need to be thoroughly explored so that the ramifications of personal and professional in- volvement with clients are thoroughly grasped and considered. An- other sense in which the cultivation of professional responsibility may be understood is in terms of the value implications of political and social leadership and governing responsibility. To be a lawyer is to be responsible and to act responsibly, in terms of awareness and conduct that need to be comprehended for different situations. Sen- sitive attitudes in management, cooperation, and difference-solving are important dimensions of responsible lawyering.

The skills of intervention need to be developed. These are, in law more specifically, the skills of counseling, negotiation, drafting and litigation. There are explicit and implicit rules and particular methods for the conduct of each of these types of intervention. One learns how to counsel clients-how to offer support, insight, and/or advice in terms that are most beneficial to the interests of the client and responsive to his or her feelings. One learns how to negotiate differences in perception and understanding, and need and desire, between parties and how to utilize persuasion to achieve results. One learns how to conduct litigation according to traditional and


conventional rules of evidence and procedure in appropriate legal forums. One also learns how to draft communications-memo- randa, briefs, binding legal documents, and corresp?ndence--so that succinctness, clarity, and completeness are rendered in written approaches and solutions to problems.

The development of capacity with legal knowledge is yet another principal category of training and education. The lawyer learns the skills of legal analysis, of how and where to find legal information and how to analyze and conceptualize it. He or she becomes conversant in the different sources of law (constitution, statutes, regulations, treatises) and in the different kinds and principles of law (especially governed by rules of preference and preced- ence) that may be applicable to different problem situations. A proper appreciation of the history of law and legal development, in general political terms as well as in specific problem terms, is also essential perspective and understanding.