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Abstract

Thinking requires emotions and emotions enhance thinking. This Article suggests that the emotionally intelligent lawyer is more likely to serve the needs of clients and the legal community than the lawyer who has less understanding of, and control over, emotions. Part II introduces two “emotionally unintelligent” lawyers, Amanda and Rick, and considers how their emotional “unintelligence” affects their new client, psychologist, Dr. Ray Randolph. Part III provides some background on the relevant research on emotional intelligence, including the history of intelligence, from general intelligence, to social intelligence, to multiple intelligences, and to emotional intelligence. Part IV defines and explores the three current theories of emotional intelligence including the ability-based model of emotional intelligence developed by psychologists and researchers, Peter Salovey, John D. Mayer, and David R. Caruso and the two “mixed” models of emotional intelligence developed by theorists Daniel Goleman and Reuven Bar-On. Salovey, Mayer, and Caruso’s ability-based construct of emotional intelligence is analyzed in Part V and distinguished from the mixed models of emotional intelligence. Part V also provides an in-depth examination into the four “branches” comprising the Salovey, Mayer, and Caruso ability model of emotional intelligence and their assessment tool, which measures ability-based emotional intelligence. Part VI provides an explanatory framework suggesting why most lawyers are emotionally unintelligent based on the “thinking like a lawyer” mindset and the “lawyer personality.” Part VII revisits Amanda and Rick, who are now emotionally intelligent lawyers, and depicts them using the four “branches” of their emotional intelligence as they represent mental health professionals in various stages of litigation. Last, Part VIII concludes with some final thoughts.

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