Good Lawyers Should Be Good Psychologists: Insights for Interviewing and Counseling Clients

Abstract To work effectively with clients, witnesses, judges, mediators, arbitrators, experts, jurors, and other lawyers, attorneys must develop an understanding of how people think and make decisions and must possess good interpersonal skills. Yet, law schools have tended to teach very little, directly, about human behavior, and current critiques of legal education do not focus on the importance of psychological insights to attorneys. In particular, lawyers and legal education fail to take full advantage of the great strides that have been made in the field of scientific psychology in recent decades. This article focuses on psychological insights that are important to the endeavor of interviewing and providing initial counseling to clients in civil cases. Law students commonly graduate from law school understanding little if anything about perception, memory, communication, cognitive heuristics, or decision-making. While good lawyers ultimately pick up some of this information through experience, new lawyers should not flounder based on a lack of understanding of these psychological principles. Further, even experienced lawyers can benefit from more explicit study of psychology. While the best lawyers may have intuited some of what will be discussed here, some of the findings are counterintuitive, and even experienced lawyers can improve their approach to interviewing and counseling by drawing on relevant psychology.