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Your Brain and Law School: A Context and Practice Book
Based on the latest research, this entertaining, practical guide offers law students a formula for success in school, on the bar exam, and as a practicing attorney. Mastering the law, either as a law student or in practice, becomes much easier if one has a working knowledge of the brain's basic habits. Before you can learn to think like a lawyer, you have to have some idea about how the brain thinks. The first part of this book translates the technical research, explaining learning strategies that work for the brain in law school specifically, and calling out other tactics that are useless (though often popular lures for the misinformed). This book is unique in explaining the science behind the advice and will save you from pursuing tempting shortcuts that will take you in the wrong direction. The second part explores the brain's decision-making processes and cognitive biases. These biases affect the ability to persuade, a necessary skill of the successful lawyer. The book talks about the art and science of framing, the seductive lure of the confirmation and egocentric biases, and the egocentricity of the availability bias. This book uses easily recognizable examples from both law and life to illustrate the potential of these biases to draw humans to mistaken judgments. Understanding these biases is critical to becoming a successful attorney and gaining proficiency in fashioning arguments that appeal to the sometimes quirky processing of the human brain. This book is part of the , edited by Michael Hunter Schwartz, Professor of Law and Dean of the McGeorge School of Law, University of the Pacific. Your Brain and Law School was a finalist in the Best Published Self-Help and Psychology category of the 2015 San Diego Book Awards
- GenresLaw
184 pages, Paperback
First published January 1, 2014
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Displaying 1 - 13 of 13 reviews
August 16, 2024
Had to read this for school. Didn’t learn anything crazy
September 4, 2024
Herald’s book is all about cognition. Law school is not easy, and it never will be, and the only way to not only survive it but make it work for you is to be a conscious reader and thinker, avoiding the mental traps our brains set for us. This was required reading for my law school, but I’m glad to have read it. I think all 1Ls could benefit from a broader perspective of learning the law like YOUR BRAIN AND LAW SCHOOL provides.
April 19, 2020
I'd give a 4.5 because sometimes I think the points can be shorter, but overall it's already a very quick read, with great information, AND practical ways to put it into practice and be a successful law student.
SECTION 1: Pushing your brain through law school
Chapter 1 - The brain is a creature of habit
--"System 1" is habit and "System 2" is learning
--System 2 is harder, so you need to push through and catch your brain when it's slacking, trying to go back to habits or going easy
Chapter 2 - Playing the long game in law school
--Do your own case briefs. It will be long and hard at first but you are training your brain to think in this new way and eventually it will start picking up on the relevant information automatically. But start by briefing cases on your own, or else you disadvantage yourself in the long-term
Chapter 3 - Outlasting your brain (fatigue)
--Space your studying over time for long-term retention (including a review of class notes within 24 hours of class for maximum retention + use Anki or other long-term memorization tool)
--"Planning fallacy" means you need to x2 or x3 the time you estimate it will take you to complete a task
--Make sure you don't have to make decisions that deplete you unnecessarily (dinner, etc)
--Keep temptations away (facebook, etc)
--Strategically plan (plan backwards, including outlining time, etc)
--Be patient but firm with friends and family
--Automate everything via habit except studying
Chapter 4 - Can you grow a brain?
--Regardless of innate ability, hard work can keep you above others so keep a growth mindset!
Chapter 5 - How to grow a brain
--Practice like MJ ("guided practice" = practice a lot with feedback)
--Actively participate / apply what you've learned (consider a study group)
--Automate the analytical tools (knowing what an intentional tort is and common application problems)
--Get adequate sleep and exercise
Chapter 6 - Being in your right mind for classes
--Reassess your pre-class work habits if you find you are not understanding things / getting things wrong
--Don't be distracted in class, engage
--Review materials post-class within 24 hours for greater comprehension and memory
Chapter 7 - Learning the law: Don't get stuck just memorizing
--Bloom's taxonomy of learning objectives: Remembering, understanding, applying, analyzing, evaluating, creating
--Memorizing is easier when you understand, break-up, organize, and outline the material to see the larger picture and where things fit in (+use mnemonics)
--Begin outlining 2 weeks in
Chapter 8 - Wait, wait, don't tell me: Testing yourself
--Practice to avoid the illusion of thinking you know something when you don't, uncover what you don't know
--Pre-test often in different ways (briefs, CALI, practice exams, etc)
--Take class hypos seriously as exercises in applying
Chapter 9 - But Mom thought it was great: Getting the right feedback
--Raising your hand in class is a moment for feedback
--Professor problems and past exams also afford opportunity for feedback
--Learning = failing early + often
SECTION 2: Thinking critically
Chapter 10 - The brain edits: Why seeing should not mean believing
--Your brain may be filtering out "large gorillas" or other things that matter if you're too focused on what you know / see immediately
--to handle, be skeptical while reading and always read the dissent
--Other in the world may also be missing the gorillas so learn how to focus on them
Chapter 11 - Gut reactions and why to suppress them
--Be skeptical of your gut reactions and check your assumptions - use logical reason to go from Point A to Point B and make sure you aren't just following your gut without reason
--Cultivate skepticism should include facts, laws, policies, and even the desire result of legal action
--Client's can exhibit "future blindness" in conjunction with their gut reaction so you must be bale to fill in the gaps of info and help them see the full picture
--Take multiple choice tests and eliminate the wrong answers first as a way to practice the suppression of gut reactions
Chapter 12 - Making persuasive arguments: The need to understand our cognitive biases
--Know human cognitive distortions and your own biases. If you do not catch your judgement and decision errors you can make huge mistakes for clients and be played by the opposition. You should also know opposition's errors so you persuade effectively
Chapter 13 - You've been framed
--Using reference points strategically to frame
Chapter 14 - The apple of our own eyes: The egocentric bias
Chapter 15 - Sticking to our story: Confirmation bias, selective perception, and rationalization
Chapter 16 - Our brain's limited view of the world: The availability bias
SECTION 1: Pushing your brain through law school
Chapter 1 - The brain is a creature of habit
--"System 1" is habit and "System 2" is learning
--System 2 is harder, so you need to push through and catch your brain when it's slacking, trying to go back to habits or going easy
Chapter 2 - Playing the long game in law school
--Do your own case briefs. It will be long and hard at first but you are training your brain to think in this new way and eventually it will start picking up on the relevant information automatically. But start by briefing cases on your own, or else you disadvantage yourself in the long-term
Chapter 3 - Outlasting your brain (fatigue)
--Space your studying over time for long-term retention (including a review of class notes within 24 hours of class for maximum retention + use Anki or other long-term memorization tool)
--"Planning fallacy" means you need to x2 or x3 the time you estimate it will take you to complete a task
--Make sure you don't have to make decisions that deplete you unnecessarily (dinner, etc)
--Keep temptations away (facebook, etc)
--Strategically plan (plan backwards, including outlining time, etc)
--Be patient but firm with friends and family
--Automate everything via habit except studying
Chapter 4 - Can you grow a brain?
--Regardless of innate ability, hard work can keep you above others so keep a growth mindset!
Chapter 5 - How to grow a brain
--Practice like MJ ("guided practice" = practice a lot with feedback)
--Actively participate / apply what you've learned (consider a study group)
--Automate the analytical tools (knowing what an intentional tort is and common application problems)
--Get adequate sleep and exercise
Chapter 6 - Being in your right mind for classes
--Reassess your pre-class work habits if you find you are not understanding things / getting things wrong
--Don't be distracted in class, engage
--Review materials post-class within 24 hours for greater comprehension and memory
Chapter 7 - Learning the law: Don't get stuck just memorizing
--Bloom's taxonomy of learning objectives: Remembering, understanding, applying, analyzing, evaluating, creating
--Memorizing is easier when you understand, break-up, organize, and outline the material to see the larger picture and where things fit in (+use mnemonics)
--Begin outlining 2 weeks in
Chapter 8 - Wait, wait, don't tell me: Testing yourself
--Practice to avoid the illusion of thinking you know something when you don't, uncover what you don't know
--Pre-test often in different ways (briefs, CALI, practice exams, etc)
--Take class hypos seriously as exercises in applying
Chapter 9 - But Mom thought it was great: Getting the right feedback
--Raising your hand in class is a moment for feedback
--Professor problems and past exams also afford opportunity for feedback
--Learning = failing early + often
SECTION 2: Thinking critically
Chapter 10 - The brain edits: Why seeing should not mean believing
--Your brain may be filtering out "large gorillas" or other things that matter if you're too focused on what you know / see immediately
--to handle, be skeptical while reading and always read the dissent
--Other in the world may also be missing the gorillas so learn how to focus on them
Chapter 11 - Gut reactions and why to suppress them
--Be skeptical of your gut reactions and check your assumptions - use logical reason to go from Point A to Point B and make sure you aren't just following your gut without reason
--Cultivate skepticism should include facts, laws, policies, and even the desire result of legal action
--Client's can exhibit "future blindness" in conjunction with their gut reaction so you must be bale to fill in the gaps of info and help them see the full picture
--Take multiple choice tests and eliminate the wrong answers first as a way to practice the suppression of gut reactions
Chapter 12 - Making persuasive arguments: The need to understand our cognitive biases
--Know human cognitive distortions and your own biases. If you do not catch your judgement and decision errors you can make huge mistakes for clients and be played by the opposition. You should also know opposition's errors so you persuade effectively
Chapter 13 - You've been framed
--Using reference points strategically to frame
Chapter 14 - The apple of our own eyes: The egocentric bias
Chapter 15 - Sticking to our story: Confirmation bias, selective perception, and rationalization
Chapter 16 - Our brain's limited view of the world: The availability bias
October 11, 2017
I purchased this book to read after hearing about it from some friends. After reading it, I wished I had the opportunity to read this when I was younger. The book contains some down-to-earth "Yes, You Can" guidance for the novice law student. Although I am past my college days, I purchased a second copy as a gift for my granddaughter who is considering going to law school. I am sure it will be of benefit to her as she prepares for this adventure.
July 29, 2020
Makes you feel more equipped for law school. However, 2nd half is very repetitive
I genuinely feel more prepared for law school, especially as a 1L without family that went to law school in mainland US. I recommend you buy it for sure if you're going to law school. The second half of the book is very repetitive though and was boring but informative. If you're going to law school or thinking about it, this book is for you.
I genuinely feel more prepared for law school, especially as a 1L without family that went to law school in mainland US. I recommend you buy it for sure if you're going to law school. The second half of the book is very repetitive though and was boring but informative. If you're going to law school or thinking about it, this book is for you.
January 30, 2018
Solid stuff in this book. While the information is nothing new, this book locks clearly defines things to know about interactions in law. Even those not in the law field can benefit from this book and the "lawyer" mindset.
February 14, 2022
A very accessible, plain language discussion of law school and the various biases, concerns and learning strategies involved from a psychological perspective. Interesting and helpful, albeit fairly short and simple. A great introduction for a new student with limited law study experience.
June 10, 2025
Short and sweet. TLDR; go to class, network, do your own outlines, be aware of any possible biases.
July 25, 2025
Required for school. Nothing groundbreaking in this imo
December 14, 2025
Incredibly helpful for a first gen student who had no idea what they were getting into!! Could not recommend more before 1L
Read
July 12, 2026🐗💍BOR-ING. Way too many car and driving analogies for me to be able to connect with this. AND basically making me read psychology???? ECHK, gag me with a spoon.
August 19, 2026
Had to read this for school - nothing revolutionary, pretty much recycles self-help ideas to apply to law school.
April 8, 2016
I will be looking at this book again at the end of my 1L year....great references. A must to be a successful student in law school. Read this book before you start preparing your outlines and briefing your cases.
Displaying 1 - 13 of 13 reviews