Be a teaching lawyer
'A lawyer is a teacher who must ensure their client understands the practicalities of the law'
Jim Vickaryous: 'Whether we realize it or not, every lawyer is a professor of sorts. The very title of our degree, Juris Doctor, underscores this role. Clients come to lawyers seeking answers to questions they cannot resolve on their own. Sometimes, they come to confirm answers they suspect but are unsure about. In every interaction, we are entrusted not only to solve problems but also to educate, to clarify, and to empower those who rely on us.'
I talked for a half hour going over some arcane law with my client. This law had a confusing twist, and the convoluted clause was terribly important to her case. Blankly looking at me, she asked the exact same question again. Nothing I had just said had made any sense to her. I said in frustration: “Just trust me, it's the law. It might not make a lot of sense, but we have to do it.” She was a wonderful client and trustingly took my advice. But I realized my explanation wasn’t connecting with her. I had been speaking as though I were talking to another lawyer, forgetting that she had not gone to law school or practiced law. A lawyer’s duty to communicate clearly with a client was something she deserved, and I reminded myself to slow down and explain the law in a way she could truly understand. I focused on teaching the law, not just reciting my knowledge of it.
Indeed, teaching connotes that the recipient actually learns from the teacher. If there is no learning, there has been no teaching. Teaching is a cornerstone of the legal profession. Whether we realize it or not, every lawyer is a professor of sorts. The very title of our degree, Juris Doctor, underscores this role. Clients come to lawyers seeking answers to questions they cannot resolve on their own. Sometimes, they come to confirm answers they suspect but are unsure about. In every interaction, we are entrusted not only to solve problems but also to educate, to clarify, and to empower those who rely on us.
I remember asking a wizened lawyer why I was having so much trouble in a case that I thought was a slam dunk. Instead of itemizing what I was missing as a young lawyer, he started off with a very simple, “Jimmy, most things are much more complicated than they seem. This case is no exception.” He then walked me through the complications that lay beneath the seemingly calm water. He was a very good teacher. He was able to both teach and calm. These are sorely rare combinations.
The teaching lawyer understands that the law, though complex, must be made accessible and understandable. The language of the law, its statutes, precedents, and procedures, can be intimidating to those unfamiliar with it. When explaining legal principles or providing advice, it is essential to avoid jargon and legalese. Instead, focus on clarity, using language that resonates with your audience. Break down concepts into digestible parts, illustrating them with examples when necessary. A well-taught client is not only better prepared to navigate their case but also more confident in their legal journey. Importantly, when a client knows the “why” of the law, they can offer invaluable layperson advice on how to win their case. After all, we lawyers are always learning about our clients’ lives and livelihoods.
Lawyers are both advocates and teachers. Often our business cards proudly state: Attorney & Counselor at Law. The Preamble of the Rules of Professional Conduct outlines that a lawyer is at the same time advocate and advisor: As an advisor, a lawyer provides a client with an informed understanding of the client’s legal rights and obligations and explains their practical implications. In other words, a lawyer is a teacher who must ensure their client understands the practicalities of the law. A teaching lawyer’s clients know how to act lawfully because their lawyer took the time and care to teach them. I am not sure which part of being a lawyer is harder: teaching or advocating. After much thought, perhaps the teaching part is more difficult for lawyers who take much pride in advocating for their clients.
The teaching lawyer knows the difference between knowledge and wisdom. Knowledge is all the law we lawyers learn and accumulate over time. To be a great lawyer, or even a run-of-the-mill lawyer, you must have quite a bit of knowledge. If you don’t have that repository of knowledge, you can’t pass the bar examination. Wisdom is something much more ephemeral than knowledge. Wisdom is what gives us the gift as lawyers to seamlessly teach our clients so that they understand the law when we advise them. Wisdom is earned, and without self-reflection, can be lost. Make no mistake, our clients also recognize the difference between knowledge and wisdom. If, after explaining the law, a client asks the simple question, “What do I do now?” They are asking for your wisdom, not your knowledge of the law.
The teaching role of a lawyer extends beyond clients to include peers and even judges. In practice, we often find ourselves explaining nuanced points of law to colleagues or presenting arguments to judges who may be unfamiliar with certain legal frameworks. In these moments, the ability to teach with brevity and precision becomes invaluable. Strive to be concise, presenting the heart of your argument clearly and persuasively. However, don’t shy away from expanding your explanation when the situation demands it. Teaching is about balance: saying enough to inform, but not so much that the message becomes diluted.
An often-overlooked aspect of being a teaching lawyer is the need for continuous self-education. Part of being a great teacher is being a lifelong learner. The law is not static; it evolves with new statutes, rulings, and societal shifts. To teach effectively, you must stay informed, honing your understanding and adapting to changes. This requires a commitment to ongoing study, participation in legal discussions, and engagement with professional development opportunities. By keeping yourself informed, you not only improve your teaching ability but also enhance the quality of service you provide.
Teaching also provides an opportunity for self-reflection and growth. There is a well-known saying: “You don’t really know something until you teach it.” The act of explaining a concept forces you to distill your knowledge, identify gaps in your understanding, and refine your expertise. It forces you to marry your knowledge to your wisdom. It’s harder than it looks. Teaching challenges you to think critically and communicate effectively, skills that are essential for every lawyer. By embracing this process, you deepen your mastery of the law while also strengthening your ability to serve your clients and the legal system.
Equally important is practicing what you teach. Clients, colleagues, and the courts look to lawyers not only for guidance but also as models of legal integrity and professionalism. If you advocate for diligence, fairness, or precision, embody these qualities in your work. Consistency between your teachings and your actions enhances your credibility and fosters trust. Being a teaching lawyer is not just about sharing knowledge but also about living out the principles you espouse. Be the wise lawyer in the room, not just the counselor spouting wisdom.
The ability to teach is a skill, and like all skills, it requires practice and dedication. It begins with a mindset that values knowledge, communication, empathy, and clarity. It grows through experience, as you learn to tailor your teaching to different audiences and situations. And it thrives through humility, as you recognize that being a teacher also means being a perpetual student. Teaching keeps you humble, especially when you realize that your student has not absorbed what you taught. Don’t give up, go back to the drawing board and start again.
My fellow counselors at law, let us embrace the role of teaching in our practice, not as an obligation but as an opportunity. Being an advisor to a client is a high honor. It is through teaching that we illuminate the path for others, strengthen our profession, and contribute to the greater good. Let’s all resolve to be teaching lawyers.
Jim Vickaryous is the managing partner of the Vickaryous Law Firm in Lake Mary and represents the 18th Circuit on The Florida Bar Board of Governors.
