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The adage “be curious, not judgmental” is often attributed to Walt Whitman. Until recently, it never really applied to lawyers. For many lawyers, the bargain was this: you provide the facts and ask me the questions, and I’ll pass judgment in the form of legal advice.

That’s how it used to be, a very closed loop. The facts, as served up by the client, were treated as sacrosanct. It wasn’t the lawyer’s job to investigate and validate them, far less to be curious. If the lawyer’s job was limited to giving legal advice, without investigation, there would be no place for curiosity. The only setting in which that is still true is the exam room. 

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