Page 42 - Tracy Anderson Magazine | Spring 2021 Issue

in response to each. Only then do lawyers think about “IF AMERICANS ARE TO
conclusions—and usually only if they happen to be judges.
COME TOGETHER IN THE
These days, many of us are mired in a team mentality
that has us digging into our “side” the moment a poten- WAKE OF THE CONFLICT
tially contentious topic comes up. The goal of defending AND TRAGEDY OF 2020,
our side seems paramount. The ambiguities, nuances, and
flaws in the arguments on both sides become beside the WE MUST REJECT OUR
point in the battle to win. At some point, a person holding ADDICTION TO BLACK-
a different view might use a word or phrase that we find
offensive. Even if the speaker didn’t mean to offend, the VERSUS-WHITE, US-VERSUS-
conversation may shift focus onto the offense instead of
working through the issue on the table in the first place. THEM THINKING AND
This problem transcends politics. It happens in our per- EMBRACE THE INEVITABLE
sonal relationships, in our places of work, and in our nu-
merous interactions online. Yet it’s antithetical to personal GRAY TONES OF LIFE.”
health and well-being. Everyone winds up feeling bad.
To be sure, making decisions based on information that In my law school classes, I often call on students ran-
we already know and believe—and aligning new experi- domly and fire off questions. When a student stumbles,
ences to our past experiences and beliefs—can be handy I might rephrase the question and say, “Just use your
in a pinch. Standing in line to buy a movie ticket for a logical mind.” Detached from legal formalities, students
sold-out show, we might choose a runner-up based on inevitably reason through tricky issues using their life ex-
existing biases—whether we prefer thrillers to rom-coms, periences, their values, the facts and law provided, and
for example, or assume that anything with Meryl Streep their common sense.
is probably good. By relying on our own biases and
past experiences, chances are we’ll choose a film that’s Value systems matter in our personal lives, but also for so-
acceptable. ciety at large. For example, at fast-food restaurants in the
U.S., people patiently and habitually line up behind open
But some decisions are more complicated. Buying a new cash registers before placing an order. In other countries,
car is financially costly and carries safety concerns. Unlike if someone behind you catches the service worker’s at-
a movie ticket, the consequences of a poor decision are tention first, the intruder gets the priority. One reason
more lasting. We might gather additional facts about car Americans wait in line is our adherence to a value system
options, read reviews, and speak to friends who recently that includes fairness. First come, first served seems like
purchased a car. Corporate leaders understand that deci- a fair way to manage a crowd. Moreover, we understand
sion-making can be complex. Many pay serious dollars to that people are more likely to accept and follow laws and
consultants to better train their workforce. rules if they believe those laws and rules are fair and fairly
applied in the first place.
JUSTICE FOR ALL And of course, there are lawyers. Many people assume Our own personal value systems deserve special attention
that lawyers arrive on the scene when everything else
breaks down. But lawyers can also help avoid court bat-
day’s scale are unmistakable. A more realistic approach
tles. The reason, which becomes habitual for lawyers, is right now. The harms of black-and-white thinking on to-
A look into #SimplePolitics with Kimberly Wehle on the state of the union. that law students learn how to think through thorny prob- to life’s problems—one that honors the human need for
lems—not what to think. connection, which cannot occur without a willingness to
hear the other side of the story—is a vital pathway to better
Regurgitating information is rarely helpful to law students. social and personal health. ■
Skilled lawyers crave ambiguity, look for the nooks and
In his literary masterpiece, Les Misérables, Victor Hugo we can feel better—in body, mind, and spirit. crannies of a problem that has no clear answers, and craft Kimberly Wehle is law professor, author, lawyer, and former CBS News
mentioned “the straight line, a respectable optical il- a series of possible responses or approaches. It’s an entire- legal analyst. She writes for The Atlantic, Politico, The Bulwark, and The
lusion which ruins many a man.” Penned in 1862, this Developing some basic lawyering skills can help. Most ly different way of thinking than jumping to a conclusion Hill, and provides regular legal commentary for CNN, MSNBC, and
NPR, among many other outlets. At the University of Baltimore School
quote carries a powerful message today. If Americans students come to law school looking for the “right” answer and finding arguments to support a preconceived point of of Law, her teaching and scholarship focuses on the separation of powers,
are to come together in the wake of the conflict and to a problem. Their pre-law minds are trained to draw im- view. Even when lawyers advocate a position vigorously administrative agencies, and civil litigation. She is a former assistant
tragedy of 2020, we must reject our addiction to black- mediate conclusions and then support those conclusions for a client, they’ve exhausted the opposing arguments United States attorney, associate independent counsel in the Whitewater
versus-white, us-versus-them thinking and embrace with defensive arguments. Lawyers think in the opposite as part of their preparation. Black-and-white thinking is investigation, and author of the books What You Need to Know About Voting—
the inevitable gray tones of life. Only by accepting am- way: We look for questions. We break down those ques- risky for lawyers, because they can miss something im- and Why and How to Read the Constitution—and Why. Her forthcoming book
is How to Think Like a Lawyer—A Common Sense Guide to Everyday Dilemmas.
biguity and listening to others with curiosity—not defen- tions into sub-questions, and then methodically identify Courtesy CBS News portant—and lose a case, a client, or even a bar license as Follow her on Instagram (@kimwehle), where she hosts a weekly IGTV
siveness—can we move away from the alienation and the standards that govern the various possible answers a result. This way of thinking can be developed without show, #SimplePolitics.
anger that many of us are so tired of feeling. And then to those questions. We exhaust arguments pro and con a law degree.

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