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Top Skills Needed To Be a Lawyer & How to Develop Them

What are the most important skills needed to be a lawyer? From critical thinking to communication, these are the legal skills you'll need to succeed in a law career.

Do you have what it takes to be a lawyer? While having a solid understanding of legal principles is certainly important, it is not the only factor that will determine your success as a lawyer. Aspiring lawyers must also develop a range of legal skills to stand out in a competitive job market. In this article, we discuss the abilities and interests of a lawyer, including commercial awareness, critical thinking and problem-solving, communication and teamwork. By honing these legal skills early on, you will position yourself for success in the legal profession. 

1.  Teamwork

By no means exclusive to law, the ability to work in a team is essential to any job. As a lawyer, you will be part of a larger team in some way or another, no matter your specialisation. Empathy, active listening as well as research and analysis skills are required in order to make valuable contributions.

If people enjoy working with you, they will want to do so again and recommend you to others. Remember that networking is a huge element of the field of law, and that often the people you will be working with in a team can become your strongest advocates!

How to develop this skill

Extra-curriculars such as sports, debating and public speaking societies can help you develop this skill while still pursuing your education in school or university. 

Look out for law firm ambassadorships and student representative opportunities – this way, you will get to know people in the field before even completing your degree!

Find out more about The Lawyer Portal’s Student Ambassador Programme with Milbank .

The University of Leeds also offers a 2-week online course on Communication & Interpersonal skills . This course can help you to develop your communication skills within a working environment. 

2. Initiative and Independence

The more you advance in your career, the more you will be required to take decisive action. Being a team-player is important, but the way you stand out within your team is crucial when it comes to your individual success. The more you progress in your career, the more responsibility you will have. Proposing your own solutions to problems, taking the lead on a presentation or even creating a new project all demonstrate to your team your value as an individual. 

When it comes to individual work and taking initiative, these are lawyer skills that you will have already developed in your formative years, from your GCSEs to your university exams. But how do you highlight them in a recruitment situation?

Think about a time when you had to propose your own research topic – for your dissertation, for example – or perhaps of a situation when you had to fix a problem on your own in a team project.

Check out this article on why taking initiative is so important.

3. Creative Problem-Solving

The law is abounding with different options, avenues and arguments for the same problem, and one of the most important abilities of a lawyer is being able to decide what would most benefit your client. Everything, from your individual take on a topic to the trajectory and steps you decide to take when working on a case is influenced by your – and your team’s – desired outcome.

Therefore, you need to be able to take the road less travelled at times – you might even need to pave a new road altogether. Having the opportunity to create tailored solutions to problems is part of the beauty of being a lawyer, but it does require practice.

Creative problem solving is different from an ability to fix things. The latter is something you inevitably develop in your schooling years. The other element of creativity, however, needs to be trained. 

One way to develop this skill is to actively put yourself in situations where it is needed. Legal work experience is one example, but other options such as teaching English as a second language during your university years might be more readily available. This kind of work experience would require you to create your own teaching material and present it, and moreover to initiate and maintain the progress of your students.

If you’re keen to develop your problem solving skills even further, you might also want to explore problem-solving and decision-making from a theoretical perspective. Here are a couple of useful resources: 

To develop your lawyer skills further, check out the University of California Irvine’s online course on Effective Problem-Solving and Decision-Making

You may also want to have a look at Oxford University Press’ Guide for Lawyers and Policymakers, Problem Solving, Decision Making and Professional Judgment  by Paul Brest and Linda Hamilton Krieger 

4. Written Communication 

Written communication goes beyond correct grammar and a sophisticated vocabulary. Being able to effectively get your ideas across in a variety of writing styles and registers is essential for success in the legal field. Drafting a contract is very different from writing a letter to a client, which in turn is very different from emailing your co-workers.

Developing an awareness of different writing styles and document requirements can help to expand upon your own work. Take note of the register and vocabulary used in specialist legal magazines and try reproducing them for a university blog or newspaper. Taking free writing courses through your university is also a great way to develop this skill.

Developing an awareness of different writing styles and document requirements can help to expand upon your own work. 

Take note of the register and vocabulary used in specialist legal magazines and try reproducing them for a university blog or newspaper. Usually, you can also take writing courses for free through your university.

Check out our guide to writing like a lawyer.

The Law Society also has an excellent article on the 10 Rules of Written Communication For Business . 

Check out LexisNexis’ Webinar on Improving Your Written and Oral Communication . 

5. Verbal Communication Skills

Verbal communication is key in any professional setting, especially in the legal field. Who you are communicating your ideas to, as well as the various situations and environments you might find yourself in, will alter the way you communicate. C ommunication is always supplemented with a goal, whether it is to simply get your point across to your co-worker, or convince a jury. When it comes to lawyers, having a rock-solid grasp on spoken word is essential.

Public speaking is something a lot of people struggle with. Humans are social creatures, so communication comes naturally to us. With a bit of practice in the right places, verbal communication is something any of us can master!

Developing this skill can be done through extra-curricular activities like debating or public speaking societies. Joining a drama society, or doing outreach work for charities or your university can also help you to hone your verbal communication skills.

If you’re serious about enhancing your communication skills even further, check out these highly recommended resources: 

• Effective Communications for Lawyers: A Practical Guide by David Cowan
• The University of Law’s Study Manual: Oral Skills For Lawyers
• The Art Of Explanation: How to Communicate with Clarity and Confidence by Ros Atkins

6. Working Well Under Pressure 

As a lawyer, you will be required to overcome obstacles and think on the spot on the daily. Therefore, being high-functioning whilst under internal or external pressure is essential for lawyers. Whether you are working overnight to meet a deadline or talking to a difficult client, working in a people-focused career will undoubtedly bring pressure along.

The pressures you might need to overcome are not strictly tied to deadlines. If you become a barrister, you will be arguing against a party who is constantly trying to disprove your points, and even intimidate you. Keeping your composure and carrying on in spite of this is no easy feat – and this kind of confidence comes with practice.

When it comes to deadlines and time-keeping, you might need some trial and error. This is perfectly normal, but you need to assess your shortcomings if you ever miss a deadline and improve your performance the next time around. 

Organisation is a skill that you can develop during your formative years – just make sure you prioritise it!

Take advantage of programmes at your university, such as Ulaw’s study skills sessions , which help students develop critical lawyer skills and techniques to improve their academic performance.

Check out our guide on innovative study techniques from a first-class law student . 

Want to know if you’d make a good lawyer?

Take our quiz to find out!

7. Develop Your Commercial Awareness

The most important interests of a lawyer should include current affairs, business and politics. Aspiring lawyers need to develop their commercial awareness in order to stay up-to-date with these topics to be able to understand and analyse their impact and discuss them with clients.

By developing your commercial awareness, you will be able to stay abreast of changes in the legal sector and demonstrate to employers and clients that you have the necessary knowledge and law skills. This will help you stand out in the competitive job market and position yourself for success in the legal profession.

Here are a few of our top commercial awareness tips:

• Keep up with news and events related to the legal industry. Follow channels like The Lawyer Portal on social media and sign up to their weekly commercial awareness newsletter to get regular updates.
• Research the latest developments in the legal sector and stay informed of any changes in the law.
• Read legal journals and trade magazines to stay ahead of the curve.
• Attend events and conferences related to the legal profession to broaden your knowledge and gain insight into the industry. ULaw holds a number of events from mock trials to virtual lectures to help you stay on top of the current trends in the world of law. 
• Network with other lawyers and legal professionals to share knowledge and insights.

You may also want to check out our guide to improving your commercial awareness.

Beyond your ability to stay on top of the latest legal developments, you’ll also need to be able to develop your critical analysis skills.

Check out our guide on how to develop your critical thinking skills to boost your commercial awareness.

8. Build Your Empathy Skills

Empathy is a skill that you will develop naturally as you mature. Being an empathetic, active listener is essential in forming a trusting relationship with your clients. Signing up for customer-facing work experience and people-focused roles can give you an insight into the kind of skills you’ll need as a lawyer. 

Look for customer-facing work experience and people-focused roles to get an idea of the work you might be doing as you advance in your career. 

Check out this article on the importance of empathising with your clients.

9. Attention to Detail

Attention to detail is an essential skill for any aspiring lawyer. In order to be successful in the field, you must be able to read and interpret complex legal documents, accurately recall facts and information, and spot inconsistencies between documents. Attention to detail is also important when it comes to researching and interpreting laws, as well as understanding case law and precedents.

This skill is particularly important when it comes to assessing documents and sources. An ability to spot key pieces of information is highly important, whether you are looking for evidence to support your case or proofreading a contract where missing a detail could derail the whole task. 

Developing your attention to detail requires practice, so try to spend time reading legal documents and looking for inconsistencies between them.

Reading legal documents can also help you to improve your legal vocabulary and understand the nuances of legal language.

Additionally, try to practice close reading techniques to identify important facts, arguments, and rulings in legal documents.

10. Sharpen Your Research Skills

Research is an important skill for any lawyer, as it allows you to find up-to-date information about legal topics and cases. As a lawyer, you must be able to find and analyze relevant statutes, case law, regulations, and other legal documents. You must be able to identify relevant information and consider how it might apply to a specific case or situation.

This skill provides you with a solid basis for preparing cases in your future career as a lawyer, as well as for creating documents around a topic or issue – something you might get asked to do during your traineeship.

Developing your legal research skills requires practice. Try to spend some time researching legal topics and reading up on relevant cases. This will help you to become more familiar with the legal process and the types of information that are available. Additionally, take advantage of online research databases and search tools, such as LexisNexis , to help you quickly find relevant documents. 

Additionally, attend legal research workshops at your school or local library to learn more about legal research techniques. Finally, try to build connections with librarians and other legal professionals who can provide guidance and support with your research.

Check out our  guide on Top Legal Research Techniques and Resources for Law Students . 

There are also a number of short courses available to help you develop these skills, such as Udemy’s Legal Research Skills Course.

Edward Elgar’s book on Advanced Introduction to Legal Research Methods , also offers an in-depth introduction into legal research methods for law students.

11. Leadership Skills 

Leadership is a crucial skill for lawyers, especially as they advance in their careers. Whether you find yourself leading a team of junior associates, guiding clients through complex legal matters, or representing your firm in various professional settings, strong leadership skills are indispensable. 

Developing the ability to inspire and motivate others, make sound decisions, and take responsibility for outcomes will set you apart as a respected member of your team. 

Seek opportunities to take on leadership roles in student organisations, community projects, or law-related activities. 

Participate in leadership development programs offered by your school or legal associations. 

Consider mentoring or coaching experiences to enhance your ability to guide and support others.

For a more in-depth look, check out Leading In Law: Leadership Development for Law Students by Donald Polden and Barry Posner

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12. Advocacy

Advocacy is at the core of a lawyer’s role, involving the ability to present compelling arguments, persuade decision-makers, and effectively represent clients’ interests. Whether you are in a courtroom arguing a case or negotiating a settlement, honing your advocacy skills is crucial for success in the legal field. This skill extends beyond verbal persuasion to encompass written advocacy, where crafting persuasive legal documents is equally important.

Join moot court or mock trial competitions to gain practical experience in oral advocacy, such as The Lawyer Portal’s mock trials organised regularly throughout the year

Take writing courses focused on persuasive communication, such as MIT’s Professional Education online course on Persuasive Communication.

Seek internships or clerkships that allow you to engage in real-world advocacy scenarios. 

Attend workshops or seminars led by experienced advocates to learn advanced techniques and strategies.

13. Business Development Skills 

For lawyers in private practice or those aiming to build their client base, business development skills are essential. Being able to attract and retain clients, understand their needs, and provide effective legal solutions contribute to a successful legal career. Building a professional network, cultivating relationships with potential clients, and showcasing your legal expertise in a business context are key aspects of business development.

Attend networking events, conferences, and industry gatherings to expand your professional network. 

Take courses or workshops on business development strategies for lawyers.

Consider joining professional organisations or legal business groups to connect with potential clients and mentors. 

14. Adaptability 

The legal landscape is dynamic and subject to constant changes, making adaptability a vital skill for lawyers. Embracing new technologies, staying informed about industry trends, and adjusting strategies in response to evolving circumstances are all part of the adaptability required in the legal profession.

Stay informed about legal developments and industry trends through continuous learning and professional development. 

Embrace opportunities to work on diverse cases or projects that expose you to various legal challenges. 

Seek feedback from mentors and colleagues to identify areas for improvement and growth. 

15. Persuasion

Persuasion is a powerful skill for lawyers, as it involves influencing others to accept or support your position. Developing the ability to build compelling arguments and address opposing viewpoints is essential for success in the legal field.

Engage in activities that require persuasive communication, such as participating in debate clubs or public speaking events. 

Take courses on negotiation and persuasive communication techniques. 

Practice presenting and defending your legal arguments in moot court or mock trial settings.

Read up on persuasive techniques for lawyers and try out these skills in different settings.

16. Ethics and Professionalism 

Maintaining the highest standards of ethics and professionalism is non-negotiable for lawyers. Upholding the legal profession’s integrity, acting with honesty and transparency, and treating clients, colleagues, and the court with respect are fundamental aspects of ethical conduct. 

Familiarise yourself with the legal profession’s ethical guidelines and codes of conduct. 

Attend ethics workshops or seminars to deepen your understanding of ethical considerations in legal practice. 

Actively engage in pro bono work or community service to reinforce your commitment to ethical legal practice. Check out TLP’s guide to pro bono work experience for more information. 

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The Legal Blog

11 Hard And Soft Skills For A Successful Law Career

Becoming a lawyer can be an excellent career choice for individuals passionate about justice, critical thinking, and problem-solving. A career in law offers a range of opportunities, from working in a law firm or government agency to practicing in a specialized area of law, such as environmental or intellectual property law.

However, succeeding in law isn’t just about completing law school, passing the bar exam, and obtaining licensure—it is about paying heed to a combination of hard and soft skills that build an outstanding and qualified lawyer. These skills range from solid communication and analytical thinking to persuading and working well under pressure. By honing such skills, lawyers can excel in their chosen practice areas and become valuable assets to their clients and the legal profession.

If you’re willing to dive deeper into what makes a lawyer successful and convincing, here are some of the best hard and soft skills every lawyer needs:

Table of Contents

1. Legal knowledge

Legal knowledge is the most fundamental and complex skill a lawyer must possess. Lawyers must deeply understand the law, including statutes, case law, regulations, and legal procedures. The law is complex and constantly evolving. Lawyers must stay updated with the latest changes and developments to serve their clients effectively.

Furthermore, remember that legal knowledge is a broad concept encompassing various areas of law. For example, suppose your specialty is criminal defense. In that case, you must thoroughly understand criminal law, legal principles, and court procedures to represent clients effectively. Moreover, by obtaining a  masters in criminal justice administration , you can advance your career and gain the necessary knowledge and skills to manage and lead criminal justice cases and organizations successfully.

2. Adaptability

The legal profession is constantly changing, and lawyers must be adaptable to succeed. Adaptability is essential for lawyers to develop effective legal strategies that meet their client’s changing needs. Lawyers should be able to adapt to new legal developments, changes in the legal system, and evolving client needs.

3. Writing skills

Lawyers need excellent writing skills to prepare legal briefs, contracts, and documents. They must be able to write clearly, concisely, and persuasively to present their arguments effectively. Lawyers also need to be able to write for different audiences, such as judges, juries, clients, and other lawyers.

Writing skills are critical because lawyers must communicate complex legal concepts effectively to non-legal audiences. Lawyers must be able to present their arguments clearly and concisely, using simple language to explain complex legal concepts.

4. Staying calm under pressure

Being calm under pressure is an essential soft skill for lawyers. Lawyers often face high-stress situations that require them to remain calm, focused, and in control. In the courtroom, whether negotiating with opposing counsel or dealing with clients, lawyers must keep their emotions in check to make rational and effective decisions.

Furthermore, when calm under pressure, lawyers can make rational decisions and communicate effectively. They can analyze the facts of a case more objectively, consider multiple perspectives, and weigh the pros and cons of different options.

5. Emotional intelligence

Emotional intelligence is the ability to understand and manage one’s emotions and the emotions of others. Lawyers must have the high emotional intelligence to build strong relationships with their clients, colleagues, and opposing counsel. They must empathize with their clients’ situations, manage their emotions in stressful situations, and negotiate effectively with opposing parties.

6. Interpersonal skills

Interpersonal skills are critical for lawyers to build and maintain relationships with clients, colleagues, and other stakeholders. Lawyers must communicate effectively, listen actively, and show empathy to build client trust. They also need to be able to work collaboratively with other lawyers, paralegals, and support staff to deliver high-quality legal services.

7. Research skills

To support their arguments, research skills are essential for lawyers to find relevant legal information, precedents, and case law. Lawyers must know how to search for legal documents and navigate legal databases to find the necessary information. They also need to understand how to analyze and evaluate the quality of the information they find to ensure that it is reliable and relevant.

8. Analytical skills

Lawyers must analyze facts, evidence, and legal precedents to develop sound legal strategies. Analytical skills are critical for lawyers to understand complex legal issues and identify relevant information to build a strong case. It also helps lawyers to spot potential problems and anticipate the opposing party’s arguments.

Analytical skills enable lawyers to break down complex legal concepts into smaller components and analyze each component’s implications. Lawyers need to be able to identify patterns, draw conclusions, and make logical arguments based on the available evidence.

9. Being technologically aware

Technology has become increasingly important in the legal profession. Lawyers must be proficient in legal software and technology tools, such as case management systems, e-discovery software, and document management systems.

Lawyers must also be able to use technology to communicate with clients, colleagues, and other stakeholders. This includes using video conferencing software and other digital communication tools to collaborate with colleagues and attend meetings remotely.

10. Financial analysis and business acumen

Lawyers in business or transactional law must have strong financial analysis and business acumen skills . This includes understanding financial statements, analyzing financial data, and advising clients on financial matters.

Lawyers must also be able to advise clients on business strategy and help them navigate complex legal and regulatory environments. This requires an understanding of business principles and an ability to anticipate legal and business risks.

11. Negotiation and mediation

Negotiation and mediation skills are essential for lawyers who work in dispute resolution. Lawyers must be able to negotiate effectively on behalf of their clients, whether in settlements or plea bargains.

Mediation skills are also essential for lawyers who work in alternative dispute resolution. Lawyers must be able to help their clients resolve disputes through mediation, which requires facilitating communication and finding common ground.

Wrapping Up

The legal profession has become increasingly complex and competitive, requiring lawyers to possess many skills to succeed. Regarding “skills,” hard and soft skills are critical for success as a lawyer. Hard skills are necessary for performing the technical aspects of legal practice. Soft skills are essential for building relationships, managing stress, and collaborating effectively. By combining the above skills, lawyers can position themselves for success in a competitive profession.

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Written By Emily Hindle

10 Critical Thinking Skills Every Lawyer Must Master

In the legal profession, the ability to think critically is indispensable. Lawyers are tasked with analysing complex legal issues, crafting persuasive arguments, and making sound decisions that can have far-reaching consequences. In this article, we will delve into 10 critical thinking skills that every lawyer must master in order to excel in their profession.

Analytical Reasoning

At the heart of legal practice is the ability to efficiently solve complex legal issues with quick reasoning and precision. Lawyers must possess the skills to break down convoluted issues into manageable components, discerning the underlying principles that govern them.

As well as this, identifying pertinent facts from a large amount of information and recognising patterns within legal cases are indispensable skills that enable attorneys to craft effective strategies and anticipate potential outcomes.

Problem-Solving

As a lawyer, effective problem-solving demands the ability to deconstruct issues into smaller, more digestible parts, evaluating various options and selecting the most prudent course of action based on the specific circumstances.

By weighing the advantages and disadvantages of each solution, lawyers can chart a path forward that best serves their clients' interests in both the short and long term.

Logical Reasoning

Constructing sound legal arguments involves applying deductive and inductive reasoning to formulate persuasive assertions supported by evidence and legal precedent and is a really important skill for any lawyer to have!

As well as this, identifying flaws in opposing arguments requires analysing the logic and evidence presented by the opposing party and exposing any inconsistencies or fallacies.

Applying logical principles to legal analysis involves the consideration of rules of inference and logical reasoning to interpret statutes, regulations, and case law accurately.

Research Skills

Conducting thorough legal research involves utilising various resources such as statutes, regulations, case law, legal databases, and scholarly articles to gather relevant information.

Evaluating the credibility of sources involves assessing the authority, accuracy, objectivity, and currency of the information obtained to ensure its reliability.

Lastly, synthesising this information from various sources involves integrating diverse perspectives and various complex legal concepts to develop a comprehensive understanding of the issues at hand.

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Attention to Detail

Noticing nuances in legal documents and contracts requires meticulous precision to identify potential ambiguities, inconsistencies, or errors that could impact their interpretation or enforceability.

Avoiding such errors involves carefully reviewing documents for accuracy, completeness, and compliance with procedural and substantive requirements.

When reviewing evidence and documents it is essential that each detail is thoroughly considered to uncover relevant information or identify discrepancies that may affect the outcome of a case.

Thinking outside the box to find innovative legal solutions involves approaching legal problems from unconventional angles and considering alternative strategies that may not be immediately apparent.

As well as this, crafting persuasive arguments that stand out requires creativity in presenting legal concepts in a compelling and memorable manner that resonates with judges, juries, and other stakeholders.

Adapting to unexpected legal challenges with creative approaches involves thinking on one's feet and devising innovative solutions to overcome obstacles and achieve optimal outcomes for clients.

Decision-Making

Weighing the pros and cons of different legal strategies requires carefully considering the potential risks, benefits, and ethical implications of each option before making a decision.

Making informed decisions under pressure requires you to maintain composure and clarity of thought in high-stakes situations, such as during negotiations, hearings, or trials.

Considering ethical implications in decision-making is also essential, requiring you to balance the interests of various stakeholders while upholding ethical principles and professional standards of conduct.

Communication Skills

Articulating legal concepts clearly and persuasively involves conveying complex ideas in a manner that is accessible and compelling to diverse audiences, including clients, judges, jurors, and colleagues.

Tailoring communication to different audiences means adapting your language, tone, and style to suit the preferences and expectations of various stakeholders. For example, using layman's terms when explaining legal concepts to clients.

Active listening in legal consultations and courtroom settings requires attentively listening to the concerns, questions, and feedback of clients, witnesses, opposing counsel, and judicial officers to gather relevant information and effectively address their needs.

Time Management

Prioritising tasks effectively in a fast-paced legal environment involves assessing the urgency and importance of various assignments and allocating time and resources accordingly.

Additionally, meeting deadlines for legal filings and court appearances also requires careful planning, organisation, and time allocation to ensure timely completion and submission of required documents and appearances.

To manage your workload efficiently and avoid burnout, you should aim to balance your professional responsibilities with personal well-being, implementing strategies to prevent excessive stress and fatigue, such as setting realistic goals, delegating tasks, and maintaining a healthy work-life balance.

Ethical Reasoning

To uphold professional ethics and integrity, you must adhere to the ethical standards and principles outlined in the legal profession's codes of conduct and regulations.

Balancing competing interests while maintaining ethical standards involves navigating conflicts of interest, confidentiality obligations, and other ethical dilemmas with integrity, honesty, and transparency.

Lastly, resolving ethical dilemmas with integrity and transparency requires carefully considering the ethical implications of various courses of action and choosing the option that aligns with one's moral values and professional responsibilities, even in the face of adversity or pressure.

In conclusion, the 10 critical thinking skills discussed in this article are essential for success in the legal profession. By mastering these skills, lawyers can effectively analyse complex issues, devise strategic solutions, and advocate for their clients' interests with confidence and competence. 

As an aspiring lawyer you should aim to develop and hone these skills throughout your legal education and career, to excel in this challenging and rewarding profession!

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While law school helps you develop the legal knowledge to practice law, it doesn’t always help you with many of the “soft skills” that are equally essential top skills for lawyers. Having the right soft skills, in addition to a strong knowledge of the law, is crucial for building a successful legal career—and for running a successful practice, if you decide to go that route. These top skills include:

• Attention to detail
• Research and analysis
• Business sense
• Communication
• Creative problem solving
• Organization

So, how do you master these soft skills? We’ll discuss each of them below and provide some helpful tips for developing top skills for lawyers. 

1. Attention to detail 

Attention to detail is a critical skill for any lawyer, regardless of their practice area. Unfortunately, when juggling files and competing demands, it can be challenging to devote the appropriate level of attention to your overall work—to say nothing of actually developing and improving your attention to detail. 

When you need to focus, try minimizing distractions:

• Create a welcoming office environment (whether you’re in-office or working from home ). 
• Consider using “focus time” systems like the Pomodoro technique .
• Organize your schedule so you can focus your attention on the task at hand. 

2. Research and analysis

Research and analysis skills make up the backbone of any successful lawyer’s career. It is simply critical to understand the law and how it applies to your clients’ cases. Take the time to understand the research and analysis tools at your disposal to ensure you conduct your research efficiently and accurately. 

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Knowing how to get buy-in is essential, whether you’re courting a prospective client or arguing a case in front of a judge. 

Persuasion is a multi-faceted skill for any lawyer—it’s not enough to be “good at arguing.” Developing your persuasive writing skills , building solid arguments based on facts and logic, and tailoring your presentation to your audience all go a long way when convincing another person to see things from your perspective. 

Our talk with Robert Cialdini —one of our keynote speakers from the 2022 Clio Cloud Conference —provides amazing insights on how lawyers can become better persuaders. 

4. Business sense

Most lawyers eventually make business decisions in addition to the decisions they make as part of their legal work. However, our research shows that business skills don’t come naturally to nearly half of lawyers. 

According to the 2021 Legal Trends Report , while most partners and solo attorneys reported involvement in their firm’s finances, only 51% of solo attorneys and managing partners surveyed reported high confidence in their knowledge of year-over-year revenue trends. 

Developing your business skills—including knowledge of finances, marketing , and strategy—will not only serve you well in your legal career: it can provide you with a competitive advantage, helping you retain more clients and better manage the costs of running your firm. Our guide to creating a law firm business plan is an excellent primer for lawyers interested in building their business sense. 

5. Communication

Lawyers are known for having the gift of gab, but effective lawyer communication skills go far beyond speaking confidently. 

Effective communication—whether with clients, opposing counsel, or the courts—can include knowing when and how to communicate with stakeholders, understanding stakeholder needs, and, perhaps surprisingly, having excellent listening skills! For more information, start with our free webinar on How To Bridge The Communications Gap With Your Clients . 

6. Creative problem solving

“Creative” might not be the first word the public thinks of when describing lawyers. However, a large part of legal work involves creative problem solving. For example, when parties are deadlocked in a negotiation, offering an innovative solution or compromise can spell the difference between success and stalemate. 

Being client-centered is critical to creative problem solving—after all, understanding your client’s needs is essential for uncovering what “success” means to them. Take the time to truly understand your clients: not only what their “best case scenario” might be, but also who they are, what they value, and how their case has affected them. You might be surprised what you glean from these conversations and where they lead you when you’re in problem-solving mode. 

7. Organization

Managing a busy caseload while balancing competing obligations requires lawyers to stay organized. While foundational organization skills are critical for any lawyer balancing their many demands, using cloud-based practice management software like Clio helps lawyers stay focused, automate routine tasks, and provide their clients with the highest level of service. 

For example, with Clio’s legal task management functionality , you get instant access to the progress of your file. You can see your upcoming and overdue tasks, and even create custom task categories to standardize your law firm’s processes. 

Bonus: tips for honing top skills for lawyers

Honing your soft skills can be a lifelong process. That’s why, regardless of your years of practice or experience, it’s essential to focus on getting better every day. Below, we’ve provided three tips for honing the top skills for lawyers. 

Put in the time 

Getting better every day takes consistent effort. Whether you’re developing your writing skills or learning more about finance, pursue opportunities that allow you to work your soft skill muscles or set aside time whenever possible to learn more. 

Lean on your colleagues

Colleagues play an important role in skills development. Whether through a formal mentorship arrangement or simply by asking for a second set of eyes on a draft, reach out to the people around you to help you develop your soft skills. 

Use tech to streamline your work

While developing your soft skills is vital for lawyers, using tech to streamline your work can help ensure that you’re able to make the biggest impact with your skills. Clio is the leading option for lawyers to standardize client intake, automate routine tasks, and much more. Take, for example, our customer Tatevik Gasparyan , who cut administrative time by 90% while increasing leads by 70% with Clio! 

Final thoughts on top skills for lawyers

Being a great lawyer involves so much more than an encyclopedic knowledge of the law. To succeed in the legal industry, don’t ignore your soft skills. Consider how you can build your skills in the areas above and implement appropriate tech at your law firm so you can streamline tasks and focus more time and energy on putting your legal skills to use. Ready to streamline your tasks while taking your skills to the next level? Take in our free webinar to Watch How Law Firms Use Clio .

What is the most important skill for a lawyer?

The most important skills for a lawyer include the following soft skills: 

These skills are critical for lawyer development.

What skills do law firms look for?

Law firms look for lawyers who have both hard skills (legal knowledge and experience) and soft skills (communication, writing, attention to detail, and organization). Demonstrated ability in both areas will serve you well when applying for law firm positions.

What are the 3 most important skills that you think a lawyer needs?

The three most important skills that any lawyer needs are legal knowledge, attention to detail, and research skills. These foundational skills are required for anyone practicing law.

What are the hard skills of a lawyer?

The hard skills of a lawyer come primarily from law school. Developing knowledge in the following areas is critical for lawyer hard skills: 

• Criminal law
• Civil procedure
• Constitutional law
• Professional responsibility
• Business law
• Property law
• Wills and estates law

We published this blog post in February 2023. Last updated: February 16, 2023 .

Categorized in: Business

Kate Rattray is a writer, editor, and non-practicing lawyer. She is a prolific writer on topics important to lawyers wanting to run their firms better, and on current events in the legal industry. After beginning her career as a litigator focused on insurance defense, Kate found that her passion was in harnessing her writing skills to help other lawyers succeed in their careers. She took a role as a legal editor at the Continuing Legal Education Society of BC, and picked up freelance clients on the side, writing expertly crafted articles about topics relevant to the legal profession.

When Kate joined Clio, she quickly became a go-to person, not only for her legal perspective, but for her sharp editing skills and ability to clarify the heart of the topic. Kate has written about everything from legal software, to law school requirements, to the latest trends affecting the legal industry such as ChatGPT and AI more generally. When Kate writes an article, you won't want to miss it!

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7 skills for a successful law career

While your legal education and training provide the foundations on which to build a law career, you’ll need a specific set of legal skills to put this knowledge into practice. Learn more about the skills you’ll need to be a successful lawyer

1. Commercial awareness

One of the most important skills lawyers need, it  means possessing knowledge of current developments in local, national and world business, particularly issues that impact a law firm and its clients.

'Law is about understanding your client’s business and providing viable solutions. It is therefore important to have a wide breadth of knowledge of current events to fully grasp the context of the work that you are involved in as a lawyer,' explains Chloe Edwards, trainee solicitor at White & Case LLP .

Firms expect employees to market their services to prospective clients, as well as develop trusting relationships with existing ones. Ultimately, law firms are businesses, so lawyers must appreciate the commercial importance of meeting deadlines, keeping costs low and handling information confidentially.

A client, meanwhile, expects their lawyer to fully understand how their business is run, and which wider social, political and economic issues may affect them.

'Clients expect lawyers to be more than just legal advisers. You need to fully understand the nuances of the political, economic, social and technological landscapes, how this is evolving, and how this affects your clients' businesses,' adds Chloe.

Improve your commercial awareness by:

• becoming a committee member of a  university club or society
• browsing specialist websites such as RollOnFriday, LawCareers.Net, The Lawyer, Legal Cheek and Legal Futures
• gaining work experience at a commercial organisation such as a bar, call centre, shop or, if possible, a law firm
• going on a  gap year , as this will develop your budgeting, scheduling and cost-cutting skills, and give you an international perspective on business issues
• attending careers events that allow you to participate in seminars and network with business professionals
• listening to business-related podcasts or radio shows, such as BBC Radio 4's Today programme
• reading business publications such as the  Financial Times  and  The Economist , and the business pages of a daily newspaper such as  The Times

watching business-related television programmes such as  Newsnight  and  Panorama .

You'll be expected to show commercial awareness during the application process by demonstrating a thorough knowledge of the firm you're applying to. It's also likely that you'll be tested during an  assessment day . You may be asked questions such as:

• What business deal or story has most interested you recently?
• In x business deal what role did the firm play?
• How could the firm prepare for an economic downturn?

2. Attention to detail

Accuracy is a vital law skill and is pivotal to the success of your legal career. A word out of place can change the meaning of a clause or contract, while misspelt or ungrammatical emails, letters or documents give clients a bad impression, costing your firm their business.

'Attention to detail is vital as a lawyer and it's a skill that improves with experience,' says Chloe.

When  applying for jobs  or  training contracts  remember that employers look for spelling, punctuation and grammatical errors. If your cover letter is vague, too long or littered with spelling mistakes, a recruiter may question what a potential client would make of your letter of advice.

To improve your attention to detail, volunteer your proofing services to student publications and get used to going through your own work thoroughly. Chloe also suggests 'frequently read articles, such as those from the  Financial Times . This will help your fluency on complex subjects and will therefore make it easier to spot errors. Even brain training games (like sudoku) can help narrow your focus on identifying details.'

3. Communication

Strong oral and written communication skills are crucial to a legal career and without them you'll struggle to carry out the duties of a  solicitor  effectively. Excellent listening ability is also important when working with clients, as you need to be able to build relationships and engender confidence.

You need to be a confident speaker when arguing a case in court, negotiating settlements and explaining complex information to clients. You'll have to use persuasive, clear and succinct language. Public speaking is also required in the role of a  barrister . To hone this skill while at university, volunteer as the spokesperson in group activities or get involved in debate teams.

Written ability is equally important when drafting letters and legal documents. You'll need to know technical and legal language and be able to convey it clearly and concisely. To improve your written communication skills, get involved with your university's law society. You could take meeting minutes, draft emails, write newsletters or manage social media accounts.

Chloe points out that most of your work as a lawyer will be done alongside others, 'so being able to communicate well with your team will output more effective work more efficiently. This requires every team member knowing their role  and feeling comfortable in performing that role.'

4. Teamwork

Winning cases is a team effort. Solicitors need to collaborate with colleagues and partners, as well as liaise with clients. Barristers need to foster a close working relationship with their clerks and will often work high-profile cases alongside other barristers. The ability to work as part of a team is an essential legal skill and you'll need to be able to deal with people from all levels of the legal hierarchy, from trainees and pupils, to members of the judiciary.

Solicitors are constantly working in teams, consisting of trainees, associates, partners and (depending on the firm) lawyers from other jurisdictions,' says Jack Yusuf, trainee solicitor at White & Case LLP. 'It is therefore important for a trainee to have the social skills to be able to work effectively, not just within their own demographic, but across different age ranges and cultures too.'

It's also crucial that clients trust their legal representatives, so you'll need to be personable, persuasive and polite.

The easiest way to hone your people skills is to join a team. This could be a sports team, drama club or a choir - anything that enables you to work with others. Alternatively, get involved with editing the student newspaper or join a debating society. Part-time work in a  customer service role is another way to improve this skill, as is  volunteering . Discover  how to balance work and study .

5. Information analysis and research

Reading large amounts of information, absorbing facts and figures, analysing material and distilling it into something manageable is a feature of any law career.

Being able to identify what is relevant out of a mass of information and explain it clearly and concisely to your client is key. Hone this skill by taking large documents or long news articles and making five-point bulleted lists of the most important themes.

Research also plays a huge role in a lawyer's day-to-day job. You'll need research skills when doing the background work on a case, drafting legal documents and advising clients on complicated issues. Use your time at university to familiarise yourself with internet and library resources and build up a network of contacts. As a newly qualified solicitor or barrister industry connections can prove to be a useful source of advice.

6. Organisation

Researching points of law, drafting legal documents and contracts, managing case files, meeting clients, attending court and networking with legal professionals - it's fair to say that the life of a solicitor or barrister is one big juggling act.

'Being able to prioritise and manage your time well are crucial skills,' says Chloe. 'As lawyers charge either by the hour or by the day, being able to allocate your time to what is most important is extremely valuable.'

You'll have plenty of opportunity to hone this skill throughout your training and work experience. To demonstrate it to employers, mention how you held down a part-time job or was a member of a society while studying. Or perhaps you organised an event.

7. Creative problem solving

'Working in law, you will often encounter unforeseen issues that require creative problem solving, especially where a solution is not obvious from the outset,' explains Chloe. And while you may think that the legal profession provides little outlet for an individual's creative talent, this isn't the case. No matter which  legal career  you choose you'll frequently have to think outside the box to get the job done.

As experienced solicitors and barristers will tell you, the best course of action isn't always the easiest or the most obvious. To outmanoeuvre opposing parties and secure a positive result for your client you'll need to employ your creative thinking and problem-solving skills on a daily basis.

A good way to develop these abilities is to take part in student competitions, such as mooting, become a student representative or gain a position on your students' union.

Other useful skills

• Resilience and self-confidence  - don't be overwhelmed by difficulties in securing a training contract or  pupillage . Have the confidence to apply (and re-apply if necessary), seeking and acting upon feedback. Do you need to develop your skills further or gain a better understanding of the profession? Do you know how to sell your experience against the skills required?
• Initiative  - while being able to work successfully as part of a team is essential, there'll be instances where you’ll have to show initiative and independence. You'll sometimes have to make quick decisions, without conferring with colleagues making using your own initiative an important legal competency.
• The ability to work under pressure  - solicitors and barristers manage heavy workloads to tight deadlines and the outcome of this work has the potential to have a lasting impact on the lives of their clients.

Thanks to law courses, such as  LLBs ,  LLMs , and  conversion courses , as well as  legal work experience  many students and graduates already have these skills and the potential to succeed, but they don't know how to use relevant examples to illustrate these abilities. It takes practice to get it right. For advice and tips take a look at  writing a legal CV and cover letter and 9 questions you might be asked in a law interview .

Find out more

• Discover how to become a lawyer .
• Learn more about the reality of working in law .
• Take a look at other soft skills employers want .

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Unleashing the Power of Analysis: How Analytical Skills Elevate an Attorneys' Legal Expertise

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Enhancing Legal Research and Case Analysis

Identifying and assessing legal risks, developing sound legal arguments.

• Identifying relevant legal principles: Analytical skills allow attorneys to dissect complex legal issues and identify the legal principles that are applicable to the case at hand. By carefully analyzing statutes, regulations, and case precedents, attorneys can pinpoint the legal doctrines that support their client's position.
• Evaluating factual evidence : Analytical skills enable attorneys to critically evaluate the factual evidence available in a case. Attorneys can examine witness testimonies, documents, and other sources of evidence, assessing their credibility and relevance. By conducting a thorough analysis, attorneys can identify the strongest pieces of evidence to support their arguments.
• Applying logical reasoning: Analytical skills empower attorneys to apply logical reasoning when constructing legal arguments. Attorneys can evaluate their arguments' logical consistency, ensuring no fallacies or gaps in their reasoning. By presenting a coherent and persuasive line of reasoning, attorneys can make compelling arguments that resonate with judges, juries, or opposing parties.
• Anticipating counterarguments: Analytical skills enable attorneys to anticipate potential counterarguments and weaknesses in their own arguments. Attorneys can critically assess their cases from different perspectives, considering how opposing parties may challenge their positions. By identifying potential weaknesses, attorneys can proactively address them and strengthen their arguments.
• Building persuasive narratives: Analytical skills allow attorneys to weave together legal principles, factual evidence, and logical reasoning into a persuasive narrative. Attorneys can analyze the case holistically, considering the overall story they want to present to the court or opposing parties. By crafting a compelling narrative, attorneys can engage the decision-maker and increase the likelihood of a favorable outcome.
• Adapting to evolving legal landscapes : Analytical skills help attorneys adapt to evolving legal landscapes and emerging legal trends. Attorneys can analyze recent legal developments, legislation changes, and judicial interpretations. By staying informed and leveraging their analytical skills, attorneys can update their legal arguments to align with the latest legal standards and maximize their persuasive impact.
• How to Succeed in the Practice of Law
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Effective Decision-Making and Problem-Solving

• Analyzing complex legal issues: Analytical skills allow attorneys to break down intricate legal issues into manageable components. By analyzing the relevant facts, legal principles, and precedents, attorneys can comprehensively understand the situation. This analysis helps attorneys identify key factors, consider different perspectives, and make well-informed decisions.
• Evaluating options and alternatives: Analytical skills empower attorneys to evaluate various options and alternatives when faced with legal challenges. Attorneys can assess the potential risks, benefits, and consequences of different courses of action. By considering the legal and practical implications, attorneys can recommend the most favorable strategy to achieve the desired outcome for their clients.
• Assessing legal and practical implications: Attorneys with strong analytical abilities can assess the legal and practical implications of different decisions. They consider the potential impact on their client’s objectives and any legal risks or compliance requirements involved. This comprehensive analysis helps attorneys weigh the pros and cons and provide clients with a realistic assessment of the potential outcomes.
• Spotting hidden issues and potential obstacles: Analytical skills enable attorneys to identify hidden issues and potential obstacles that may arise during legal proceedings. Attorneys can critically examine the facts, relevant documents, and legal arguments to uncover potential pitfalls. By proactively addressing these issues, attorneys can mitigate risks and develop effective strategies to overcome challenges.
• Applying logical reasoning and critical thinking: Analytical skills allow attorneys to apply logical reasoning and critical thinking to solve complex legal problems. Attorneys can assess the strengths and weaknesses of different arguments, identify logical inconsistencies, and evaluate the credibility of evidence. By utilizing these analytical tools, attorneys can develop persuasive legal arguments and anticipate potential counterarguments.
• Balancing legal considerations and client goals: Analytical skills help attorneys strike a balance between legal considerations and their client’s goals. Attorneys can assess the legal merits of a case while considering their client’s objectives, financial constraints, and risk tolerance. By applying analytical skills, attorneys can provide practical and tailored advice that aligns with their client’s best interests.
• Adapting to evolving circumstances: Analytical skills enable attorneys to adapt to evolving circumstances and make necessary adjustments to their strategies. Attorneys can monitor changes in the legal landscape, new regulations, or shifts in judicial interpretations. By analyzing these developments, attorneys can modify their decision-making processes and problem-solving approaches to effectively navigate the changing legal environment.

The Future of Analytical Skills in the Legal Profession

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5 Essential Skills a Law Degree Can Develop

Studying law isn’t about being able to name the fifty most influential cases in contract law or reciting the human rights act 1998 off by heart. instead, it’s about developing essential skills which will help you in all walks of life..

Here Emma Jones, Senior Lecturer in Law and member of the Open Justice team at The Open University , discusses in brief five skills you will likely develop whilst undertaking a law degree, even if you don’t always realise it!

Researching thoroughly

Law is all about evidence and finding the right evidence to answer a question or assessment becomes second nature as you work through your degree. It is likely you’ll be using lots of different types of information too, from textbooks and monographs to online databases and articles. This means that you will develop the capability to handle lots of different materials effectively. You’ll also become an expert at checking that whatever sources you use are up-to-date and focus on the right jurisdiction.

Assimilating information

As the size of most legal textbooks demonstrates, law degrees require you to do a lot of reading. However, it isn’t enough to simply skim through masses of material. The skills you learn on your law degree will enable you to select the right information for your task or assignment, pull out the most relevant details, make links with other sources you’ve read or points you’ve come across and draw them all together to develop a clear, well-evidenced response.

Problem-solving well

Your law degree helps you to develop problem-solving skills through the use of problem questions and the setting of other tasks which require you to think through the issues and find solutions. You will probably be introduced to useful tools such as IRAC (Issue, Rule, Application and Conclusion) to help you approach these. These tools help you develop a methodical and analytical approach which enables you to reason through issues logically.

If you go into legal practice, you can expect clients to come to you with a wide range of problems, not all of them just legal ones! There are lots of other careers you can use a law degree for where problem-solving is essential too. Not to mention the role it has in helping you navigate everyday life successfully!

You may also be fortunate enough to take part in a clinical legal education programme, giving you the opportunity to tackle real-life legal issues and problems. If your university doesn’t offer this, it is worth looking into volunteer opportunities to gain some further experience.

Communicating clearly

A large part of your legal studies will be spent communicating with others. You will gain experience in lots of forms of written communications. Some of them more formal, for example, when writing assignments and examinations. Some of them may be less formal, for example, when emailing your tutor or fellow students. This helps you to develop skills in writing for different audiences and structuring what you say appropriately.

You will also get plenty of opportunity to practice your oral communication skills, from answering questions in lectures and seminars to mooting and/or giving formal presentations. Once again, this will give you the skills to ensure you are pitching what you say correctly, formulating a persuasive point or argument and speaking clearly and coherently.

From making a complaint in a shop and telephoning a utility provider to writing business reports and completing application forms to standing up in court and presenting your client’s case, these are invaluable skills to have.

Thinking critically

Thinking critically is about being able to look behind what you’re being told and starting to ask questions. If you’re carrying out research, this could be about looking at the author of a source, asking yourself how reliable it is and weighing up how strong the arguments it makes are. More generally, you will begin to apply these skills to all aspects of your studies, from querying a point you don’t understand in a lecture to digging a bit deeper into a case judgment. Refusing to accept things at face value and starting to really unpack what lies behind them will help you in daily life too, from working out whether that “buy one get one free” offer in the shop is really as good as it seems to the way you read newspapers and social media.

This article has picked out five key skills a law degree can develop, but you can probably think of many others too. Don’t forget to emphasise these when you are writing your CV and/or applying for jobs or further study. Studying law gives you a great foundation for whatever you plan to do next.

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6 problem-solving strategies for legal professionals

• June 7, 2018

Jennifer Anderson

Legal professionals are known for being problem solvers. Indeed, just about every engagement involves some type of problem a client needs to have solved. Typically, we handle these issues with ease. Our education and training have taught us to apply established rules to a given set of facts in order to reach the desired solution.

Whether it’s a legal issue, personality issues in the workplace, technology challenges, or slow-paying clients, every law firm has issues to deal with that fall outside our area of expertise. Here are some of the top strategies we’ve identified.

#1 Identify the real problem

This is an especially useful tactic for solving problems that impact multiple people. By way of example, let’s say your team continually misses deadlines. To figure out why this is happening, ask each team member to write down what he/she believes is the cause of that problem.

Then, as a group, discuss each cause, asking the question what caused that cause? By doing this, you can often trace the problem to its core and work on finding a reasonable solution.

#2 Split the problem into smaller pieces

This strategy, sometimes referred to as “ decomposition ,” is often employed by computer programmers. The key here is to identify the small problems that are contributing to a larger problem. Using our prior example, you might find that the reason your team keeps missing deadlines is that: (1) your computer systems are antiquated; (2) team members aren’t using a master calendar to set deadlines; and (3) the lead partner takes too long to get her edits back to the associates.

Each of these sub-problems is unique and manageable on their own, but together they are creating a major problem. By solving each piece, the ultimate problem will undoubtedly resolve.

#3 Get some sleep

This may sound simplistic, but sleep is a key ingredient for solving difficult problems. It’s hard to find a legal professional who doesn’t feel overworked and under-appreciated from time to time. The harder the grind, the bigger our problems seem to become. It’s no wonder – a lack of sleep can impair concentration, increase mood swings, and decrease physical performance.

Therefore, before you decide to give the managing partner a piece of your mind, it’s probably a good idea to get a full night’s rest. You might be surprised how much your problems can decrease with the right amount of sleep.

#4 Try to make the problem worse

Making a problem worse in order to solve it may sound counterintuitive, but this is a great way to test your theories about the underlying cause. Can you replicate the problem by deliberately prompting the circumstances you think are causing it?

To illustrate this strategy, let’s say you suspect that answering emails throughout the day is decreasing your productivity. For one week, you might set up your email program to alert you every time an email comes in – and then commit to answering each one right away. If at the end of that week you find your productivity has decreased, then you might consider turning off all email alerts and setting a narrow window of time during which you’ll respond to emails each day.

#5 Zoom out

Oftentimes, we attempt to solve problems by focusing on the minutia. Instead, it can be more helpful to look at the bigger picture . Returning to the issue of missed deadlines, it may be true that several small, individual problems are contributing to the dilemma. The bigger issue, however, could be that the firm has no real consequences for team members who fail to meet deadlines. If you fix that global problem, the smaller issues will likely cease to have any impact.

#6 Employ SMART goals

Finally, a great way to problem-solve in the legal setting is to set goals that will help eradicate the issue. Some experts suggest that the goals should be “ SMART ”; i.e. , specific, measurable, attainable, realistic, and timely.

To solve the missed deadline problem, for example, a team might set a goal of finalizing projects one day before the actual due date. The goal is specific (one day before), measurable (the project is either finished or it is not), attainable (it leaves plenty of time for completion), realistic (a difference of one day is achievable), and timely (the goal is met when the project is done). If the goal is achieved, the overarching issue of missed deadlines will disappear.

With a bit of thoughtful attention to realistic solutions, your team should be able to work through just about anything. What problem-solving strategies does your firm employ when working through issues?

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Legal problem solving: IRAC

• Application
• Example 1 (Contract)
• Example 2 (Negligence)
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Advice on writing and study skills is provided by the Student Academic Success division; if you need further advice you can book a consultation with a Language and Learning Adviser .

What is IRAC?

Legal problem solving is an essential skill for the study and practice of law. There are a number of legal problem solving models, with the most popular being  IRAC  (Issue, Rule, Application, Conclusion) and   MIRAT (Material facts, Issue, Rule/Resources, Arguments, Tentative conclusion).

Read more about MIRAT in this article  Meet MIRAT: Legal Reasoning Fragmented into Learnable chunks

We will focus on the IRAC model in this guide, but note that there can be flexibility in the use of the models.

The IRAC methodology is useful to help you organise your legal analysis so that the reader can follow your argument. It is particularly helpful in writing exam answers and legal memos . 

The MIRAT model starts with Material facts. This is an essential first step in the process and is a precursor to following the IRAC model.

• Before you state the legal issues, it is important to identify the facts you have been provided with, determining which ones are relevant, which are clearly not relevant, and which ones may become relevant once the rules are identified.
• It is from the facts that the issues can be identified.
• The facts and issues lead to the identification of the most appropriate rules, and the rules then determine the most useful way of construing the facts. 

Let's take the example of Matthew, a 50-year old independent contractor from Victoria who has been engaged for some work by X Pty Ltd (a company). Matthew attends a number of staff meetings as well as a training course provided by the company. Do the terms of the contract referring to an 'employee' apply to him even as a contractor? 

Relevant facts here are:

• Matthew is an independent contractor.
• He has an employment contract with company X Pty Ltd.
• He has attended some company staff meetings and a training course.
• The jurisdiction of Victoria may also be relevant.
• It is unlikely that Matthew's age would be a relevant fact.
• Think about questions that involve: Who, What, How, Where, and When.
• Is there any missing information?
• Next: Issue >>

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2. research and analysis, 3. persuasion, 4. business sense, 5. communication, 6. creative problem solving, 7. organization, bonus: tips for enhancing top skills for lawyers, commit to continuous improvement:, seek feedback and learn from it:, invest in professional development:, dedicate the time:, rely on colleagues:, concluding thoughts on crucial skills for lawyers, upload your resume.

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Problem Solving for Lawyers

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Product Description

This technical note, designed for students in the Problem Solving Workshop, outlines a systematic approach to problem solving for lawyers. Learning Objectives

• Give students a framework to solve client problems, including addessing legal and ethical issues.

Subjects Covered Problem Solving, Legal Profession

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Getting Started with Legal Research

When undertaking legal research it is best to begin by consulting  Secondary Materials such as books, journals, legal dictionaries and encyclopedias. These will provide the broader legal context of an issue, alert you to areas of uncertainty and debate,  as well as referring to key legislation and cases. Use the side menu of this guide to locate these secondary sources. You may then wish to search Primary Materials, including legislation and case law.

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2.1  Problem-solving

Being able to solve problems is an important skill. Problem-style questions require learners to identify and explain the correct legal principles and to use their reasoning skills to apply the law to facts of the problem-style question. That is a skill that needs to be practised and Activities 2 and 3 provide an opportunity to do this.

Problem-style questions invariably present a hypothetical set of facts and involve one or more legal issues and are often based on existing case law. When approaching a problem-style question you should:

• read the question carefully
• read the law carefully
• analyse the facts you have been given
• apply the law to the facts you have been given
• organise your answer carefully.

Problem-solving is important in law as one of the ways in which law is used is to resolve problems. Activity 2 asks you to read the law: Article 6 of the European Convention on Human Rights (ECHR). Activity 3 then asks you to apply that knowledge to reach a conclusion.

Box 1 Article 6 ECHR

Right to a fair trial

• In the determination of his civil rights and obligations or of any criminal charge against him, everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law. Judgment shall be pronounced publicly but the press and public may be excluded from all or part of the trial in the interests of morals, public order or national security in a democratic society, where the interests of juveniles or the protection of the private life of the parties so require, or to the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of justice.
• Everyone charged with a criminal offence shall be presumed innocent until proved guilty according to law.
• a. to be informed promptly, in a language which he understands and in detail, of the nature and cause of the accusation against him;
• b. to have adequate time and facilities for the preparation of his defence;
• c. to defend himself in person or through legal assistance of his own choosing or, if he has not sufficient means to pay for legal assistance, to be given it free when the interests of justice so require;
• d. to examine or have examined witnesses against him and to obtain the attendance and examination of witnesses on his behalf under the same conditions as witnesses against him;
• e. to have the free assistance of an interpreter if he cannot understand or speak the language used in court.

Activity 2 The right to a fair trial: Article 6 ECHR

To complete this activity you will need to carefully read Article 6 of the ECHR in Box 1 above. Once you have read Article 6 and familiarised yourself with the rights it contains, answer the questions that follow.

• a. What rights are outlined by Article 6(1)?
• b. What does Article 6(1) say about judgment?
• c. What is the presumption of innocence?
• d. What minimum rights are contained in Article 6(3)?

The answers we gave to the questions were as follows.

Question a.

In any civil or criminal matter everyone is entitled to a fair and public hearing. The hearing must take place within a reasonable timescale. The hearing must be before a court or tribunal which has been properly created and is independent and impartial. (I also noted that ‘reasonable time’ is not defined, nor are the words ‘independent’ and ‘impartial’.)

Question b.

The starting point is that the judgment of the court or tribunal should be given publicly. In certain circumstances, however, the press and public may be excluded. The list of circumstances ranged from public order, in the interest of morals, national security, in the interests of young offenders, and for the protection of private life, where it would be prejudicial to the interests of justice.

Question c.

The presumption of innocence means that until someone is found guilty according to the law they are presumed innocent. There was no definition of ‘according to the law’.

Question d.

The minimum rights are to:

• be informed promptly of the charge they face in a language they understand
• be informed of the nature of the charge and the circumstances leading to the charge
• have adequate time to prepare a defence
• provide a defence, either in person, through legal assistance of their choosing, or with the help of free legal assistance (which is provided when the interest of justice requires legal representation)
• examine witnesses (both for and against them)
• ensure all witnesses are to be treated in the same way
• have an interpreter if they cannot speak or understand the language of the court.

You should now attempt Activity 3.

Activity 3 What amounts to a fair trial?

Using the knowledge gained from Activity 2, read each of the scenarios that follow. Based on your knowledge of Article 6, decide in each scenario whether there has been a breach of that article.

• a. Ben is found guilty of theft. He complains that the judge frequently interrupted, both when he was giving evidence and when his defence advocate was questioning witnesses. The court record shows that there were numerous interruptions. The case goes to appeal. Is Ben’s conviction unsafe?
• b. A government minister drafts some legislation. A few years later the minister becomes a judge and hears a case which involves discussion of the legislation they drafted. Should they hear the case?
• c. Melanie brings a case against her employer to an employment appeal tribunal (EAT). She finds out that the advocate representing her employer also sits as a part-time chair of an EAT. She discovers that in their role as chair of the EAT the advocate had previously worked with the lay members of the tribunal which was hearing her case. She is concerned that the lay members may be biased when hearing her case.

Each of the scenarios was based on facts considered by the courts. Their decisions were as follows:

• a. The facts are based on CG v UK [2002] 34 EHRR 34. The case was heard by the European Court of Human Rights (ECtHR). The ECtHR took account of the appeal and made a careful examination of the case. It found that there were interruptions; some of these were due to misunderstandings but they had not interrupted the flow or development of the defence case. The ECtHR held by a majority that Article 6 had not been breached. In our scenario Ben’s conviction would not be unsafe.
• b. The facts here are based on Davidson v Scottish Ministers [2004] UKHRR 1079. The case came before the House of Lords. Here Lord Hardie had been a government minister. As part of his role he helped draft and promote a piece of legislation. When he subsequently became a judge he was required to rule on the effect of the legislation he had drafted. It was held that he should not hear the case because of the risk of bias. There were concerns that he may subconsciously try to give a result which would not undermine the assurances he had given when promoting the legislation. The court made it clear that this cast no aspersions on Lord Hardie’s judicial integrity. In our scenario the judge should not hear the case.
• c. The facts are based on similar facts in Lawal v Northern Spirit [2003] UKHL 35, whereby an advocate who had returned to his own practice having been chair of an EAT found himself appearing as an advocate before lay members of an EAT, with whom he had worked previously as chair of an EAT. An objection was made. The matter was considered by the House of Lords. They held that lay members would look to the chair for guidance on the law and could be expected to develop a close relationship of trust and confidence with the chair. There was no finding of the rule against bias. In our scenario it is unlikely there would be a finding of bias. You may be interested to know that in the case the House of Lords also ruled that having barristers and advocates sitting as part-time chairs of EAT (which meant they were, in effect, part-time judges) should be discontinued, to ensure that there was no possibility of unconscious bias on the part of lay members in such situations and to ensure that public confidence was not undermined. The practice has now been discontinued.