Bench & Bar November/December 2025

CONTINUING LEGAL EDUCATION

A s a lawyer, I find it difficult to enjoy legal procedurals. Knowing what I know, it’s hard to suspend my disbelief when a case is tried to judgment in 45 minutes each week. Instead, I find myself gravitat ing towards shows depicting professions of which I have little knowledge, allowing my ignorance to translate into enjoyment. My most recent small-screen obsession is the HBO Max medical drama The Pitt , which recently won the 2025 Emmy for Outstanding Drama Series. The Pitt offers a fresh twist on a familiar setting—each epi sode depicts one real-time hour inside the emergency room of the fictional Pittsburgh Trauma Medical Center. The hospital’s senior attending physician, Dr. Michael “Robby” Robinavitch, is played by veteran actor Noah Wyle. During their 15-hour shift, Dr. Robby and his medical staff navi gate the expected and unexpected, triaging and treating patients at a breakneck pace. Dr. Robby is a flawed hero; although he’s a skilled physician and communicator, his failed attempts to suppress his own unre solved trauma place the well-being of his patients at risk. During my first—and then second—watch through of The Pitt , I began to think about what we, as attorneys, can learn from professions other than our own. The vast majority of CLE courses are taught by law yers, to lawyers, but nearly all our clients are non-lawyers. Although there is no end to what we can teach and learn from our colleagues, we should be wary of develop ing tunnel vision. Each day, we encounter

a variety of non-lawyers—lay and expert witnesses, business people, and our office staff, to name a few. We should listen to what our non-lawyer associates have to say, learn what we can, and apply the lessons to our own practices where appropriate. In keeping with this philosophy, below are three lessons I believe lawyers can learn from the fictional Dr. Robby. (Warning: minor spoilers for The Pitt Season 1 ahead.) LESSON 1: MEET YOUR CLIENTS ON THEIR LEVEL . Attorneys are communi cators. What separates good lawyers from great lawyers is the ability to communicate complicated legal concepts in a concise and comprehensible manner, to lawyers and non-lawyers alike. Doctors too are in the communication business. They must meet their patients on their level, explaining diag noses and treatment options in ways that can be understood by people with no formal medical training. Dr. Robby leans on his strong communica tion skills to manage two difficult cases early in his shift: Nick Bradley, a young college student who presents to the ER unrespon sive with a suspected drug overdose, and Joseph Spencer, an elderly patient with pneumonia and a poor prognosis. In both cases, Dr. Robby employs a few useful tech niques to help his patients and their families make informed decisions under emotional circumstances. First, Dr. Robby is as clear and direct as the situation allows. To avoid confusion, he

does not use euphemisms or beat around the bush. Second, Dr. Robby neither over promises results he cannot guarantee, nor states probable outcomes as certainties. At the same time, Dr. Robby allows his patients’ families to remain hopeful, run ning additional tests and exhausting all reasonable treatment alternatives until the inevitable becomes clear. And third, Dr. Robby resists invitations to place himself in his patients’ shoes ( i.e. , “What would you do if it was your father?”), recognizing that important decisions belong to the patient and their caregiver. These techniques translate well to our profession. Clients value clear and direct assessments whenever possible and appro priate. Managing expectations is critical; the temptation to overpromise at the outset of the case is always outweighed by the dis appointment of underdelivering a negative result. And presenting critical case decisions to clients as recommendations rather than mandates allows the client to feel as if they have exercised a measure of control over the outcome—besides, our ethical rules reserve such decisions for the client. LESSON 2: LEARN TO TRIAGE YOUR CASES. Case management is another skill set valued by doctors and lawyers. A trauma ER is a fast-paced, hectic environment. To deliver the best care to the greatest number, ER staff must appropriately triage patients. A common misconception among the many disgruntled patients in The Pitt waiting room is that they are seen on a first-come, first-served basis. Instead, patients are seen

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