Manny Caixeiro explores why sound judgment is a critical skill for attorneys and offers guidance on developing it throughout a legal career in his Law360 article, “Cultivating Good Judgment,” part of the publication’s Law School’s Missed Lessons series. The following is an excerpt:
While law school teaches everything from civil procedure to stare decisis, there are some aspects of practicing law that aren't covered during the three years that lead up to the bar exam. In this Expert Analysis series, attorneys offer advice on navigating real-world aspects of legal practice that are often overlooked in law school.
An attorney's success and reputation are defined largely by that attorney's ability to exercise good judgment in uncertain and high pressure situations. Sophisticated clients often say that this skill is what they value most in counsel. It is, therefore, both ironic and unfortunate that law schools generally overlook the role that an attorney's judgment plays in legal practice — and, by extension, fail to teach techniques for developing this critical professional skill.
Law schools often depict the practice of law as though existing authority provides clear answers to even the most challenging legal issues. Under this vision, successful results depend primarily on spotting the right issues, mastering uncommon legal doctrines and unearthing obscure authority through legal research. The lawyer who can identify marginal issues and locate and apply supporting authority — perhaps decades or centuries old — will prevail.
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