In the first episode of How to Think Like a Lawyer, Alexander is joined by James Piercy for a conversation about what it really means to think, reason and argue like a lawyer.

James Piercy is a legal professional and advocate with experience in debating, mooting and appearing before judges. In this episode, he shares insights drawn from his experience studying and practising law, exploring how lawyers develop the ability to analyse complex problems, construct persuasive arguments and communicate with clarity.

What makes someone a good lawyer? Is it knowing the law, being a persuasive speaker, or something deeper? James Piercy explores how legal reasoning, clarity of thought and advocacy shape the way lawyers approach difficult legal problems.

James discusses his experience of mooting and debating, the difference between knowing the law and being able to argue it, and why the strongest legal arguments are often the clearest and simplest. He explains how to structure complex legal issues using checklists, flow charts and clear steps, as well as how signposting can make an argument significantly more persuasive.

The interview also explores advocacy before judges, including how to respond when a judge challenges your argument, why judicial intervention should not be treated as an attack, and how the role of an advocate changes from performance and confrontation to conversation and assistance.

James also reflects on choosing areas of law to explore, finding subjects that genuinely capture your imagination, and what he wishes he had known before starting university.

Topics covered include: legal reasoning, legal analysis, advocacy, mooting, debating, legal argument, persuasive advocacy, judicial intervention, legal education and thinking like a lawyer.

How to Think Like a Lawyer — Episode 01: The Art of Legal Reasoning with James Pierce.

What are the main defences to a negligence claim in English law?

Learn how a defendant may avoid liability or reduce the amount of compensation payable even after the claimant has established the basic elements of negligence.

Understand contributory negligence and how the claimant's own lack of reasonable care can affect the damages they recover.

Explore voluntary assumption of risk, or volenti non fit injuria, and understand when knowingly and freely accepting a risk may provide a defence.

Discover mitigation of loss and why claimants are expected to take reasonable steps to limit the losses caused by an accident.

Understand how the law approaches situations where a claimant's own unlawful conduct may affect their ability to recover damages.

Explore the important principles behind defences including contributory negligence, volenti non fit injuria, mitigation, and illegality.

Clear explanations with practical, real-world examples.

Perfect for GCSE Law, A-Level Law, and LLB students.

Or anyone studying or interested in English tort law and negligence.

Understand how defences help the law determine who should be legally responsible, and to what extent.

Law Exchange, making legal concepts easy to understand.

What is causation in English negligence law?

Learn how courts determine whether a defendant's breach of duty actually caused the claimant's harm.

Understand the “but for” test and how factual causation establishes the connection between negligent conduct and injury.

Explore legal causation, intervening acts, and how the chain of causation can be affected by events occurring after the defendant's negligence.

Discover the principle of remoteness and why the type of harm must be sufficiently connected to the defendant's conduct.

Examine how reasonable foreseeability helps courts decide whether damage is too remote to be legally recoverable.

Explore important principles from cases including The Wagon Mound and understand how the courts approach causation in negligence claims.

Clear explanations with practical, real-world examples.

Perfect for GCSE Law, A-Level Law, and LLB students.

Or anyone studying or interested in English tort law and negligence.

Build a strong foundation before exploring what legally recognised damage means in a negligence claim.

Law Exchange, making legal concepts easy to understand.

What is breach of duty in English negligence law?

Learn what a breach of duty means and how courts decide whether a defendant has failed to meet the required standard of care.

Understand the reasonable person test and how it is used to determine whether conduct falls below the standard expected by law.

Explore how courts consider the likelihood and seriousness of harm, the practicality of taking precautions, and the circumstances surrounding the risk.

Discover how breach of duty works as one of the key elements of a negligence claim.

Examine important cases including Blyth v Birmingham Waterworks, Paris v Stepney Borough Council, and Nettleship v Weston.

Understand why owing a duty of care does not automatically make someone legally responsible for an injury.

Clear explanations with practical, real-world examples.

Perfect for GCSE Law, A-Level Law, and LLB students.

Or anyone studying or interested in English tort law and negligence.

Build a strong foundation before exploring causation and damage in negligence claims.

Law Exchange, making legal concepts easy to understand.

What is a duty of care in English negligence law?

Learn why the duty of care is the first major question courts consider when deciding whether someone may be legally responsible for harm.

Understand how the law determines when a duty of care exists and why we cannot simply owe a duty to everyone who may be affected by our actions.

Explore the neighbour principle and how the law recognises established relationships where a duty of care already exists.

Discover what happens when a negligence claim involves a new situation where the law does not already clearly recognise a duty.

Learn about foreseeability, proximity, and whether it is fair, just and reasonable to impose a duty of care.

Understand how the courts approach novel situations and why negligence law develops by building on existing legal principles rather than applying one simple test to every case.

Explore important cases including Donoghue v Stevenson, Caparo v Dickman, and Robinson v Chief Constable of West Yorkshire Police.

Clear explanations with practical, real-world examples.

Perfect for GCSE Law, A-Level Law, and LLB students.

Or anyone studying or interested in English tort law and negligence.

Build a strong foundation before moving on to the next element of negligence: breach of duty.

Law Exchange, making legal concepts easy to understand.

What are the four elements of negligence in English law?

Learn how duty of care, breach of duty, causation, and damage form the foundation of a negligence claim.

Understand what a claimant needs to establish before a defendant can be held liable for negligence.

Explore how the reasonable person standard helps courts decide whether a duty has been breached.

Learn how causation connects a defendant's breach to the harm suffered by the claimant.

Understand why legally recognised damage is essential to a negligence claim.

See how the four elements work together when applying negligence law to a real situation.

Clear explanations with practical, real-world examples.

Perfect for GCSE Law, A-Level Law, and LLB students.

Or anyone studying or interested in English tort law and negligence.

Build a strong foundation before exploring duty of care, breach of duty, causation, and damage in greater depth.

Law Exchange, making legal concepts easy to understand.

What is negligence in English law?

Learn how negligence works and how the law distinguishes between ordinary mistakes and legally actionable conduct.

Explore why negligence is one of the most important areas of English tort law.

Understand how courts balance protecting people from harm with avoiding liability for every accident.

Discover the role of reasonable care and legal responsibility in negligence claims.

Clear explanations with practical, real-world examples.

Perfect for GCSE Law, A-Level Law, and LLB students.

Or anyone studying or interested in English law.

Build a strong foundation before exploring the elements of negligence and landmark cases such as Donoghue v Stevenson.

Law Exchange, making legal concepts easy to understand.

What are protected interests in English law?

Learn the foundations of English tort law.

Understand how tort law protects people's rights.

Explore physical safety, property, reputation, privacy, and financial interests.

Clear explanations with everyday examples.

Perfect for GCSE Law, A-Level Law, and LLB students.

Or anyone studying or interested in English law.

Build a strong foundation in legal principles.

Learn one legal topic at a time with Law Exchange.

Law Exchange, making legal concepts easy to understand.

Learn what tort law is and why it exists.

Understand the difference between civil law and criminal law.

Discover the purpose of English tort law.

Explore how tort law protects individuals from legal wrongs.

Learn the foundations of one of the most important areas of English law.

Perfect for GCSE Law, A-Level Law, and LLB students.

Or anyone interested in the English legal system.

Clear explanations with practical, real-world examples.

Build a strong foundation before exploring negligence and other torts.

Law Exchange, making legal concepts easy to understand.