Lawyers and judges have traditionally been trained for operation within a largely adversarial approach to the law. Students entering law school commonly have an adversarial conception of the law based on their experience of dramatic portrayal of court cases in popular literature and the media. Law teaching reinforces an adversarial approach through an isolated study of cases decided on appeal involving a dispassionate analysis of fact and law. Law teaching has not taught the role of emotions in the practice of law, teaching a dispassionate approach to the legal practice and judging. The teaching of interpersonal skills has also been largely lacking.
Therapeutic jurisprudence suggests that legal and judicial education should be more comprehensive. While knowledge of the law and analytical, writing and adversarial court advocacy skills are important, it asserts that interpersonal skills are also vital. The ability to listen, to be sensitive to the emotions of others, to express empathy, to be aware of body language, to be able to communicate effectively and sensitively with others are important interpersonal skills that assist in a therapeutic legal and judicial practice. They enable both lawyer and judicial officer to promote voice, validation and respect - which research has found promote litigant satisfaction and respect for the justice system.
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