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Lawyers and scientists may be unusual bedfellows, but watching TV science-fest the 'Wonders of Life' recently, I was struck by the idea that human existence was not a “thing” but an unfolding process of energy constantly changing form. The link to the law, is that the practice of law is to many, even practitioners, very much an art, and to describe it as a process would be heresy.
In universities and law schools, the principles of law are taught, and as the lawyer begins practice, these principles are updated as the law develops. Learning the practice of law begins in law school, but the bulk of the learning takes place when the lawyer begins work, first as a trainee, then as a newly qualified lawyer.
The nature and quality of this training can vary massively, but often the majority of it comes from supervision while “doing” – in essence copying a more senior lawyer or following a set of verbal instructions. After this process has been repeated over the course of the years, the lawyer can conduct the work unsupervised, and the “how” of the work is largely left unexamined in the lawyer’s mental de
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