Why Every Lawyer Should Understand Economics

Editorial Board

6/4/20262 min read

a man riding a skateboard down the side of a ramp
a man riding a skateboard down the side of a ramp

Lawyers have a remarkable ability to complicate simple things. Give us a straightforward commercial dispute and we can produce enough documents to deforest a small nation. Yet despite our affection for clauses, doctrines, and footnotes, many business lawyers spend entire careers discussing transactions without seriously asking the most obvious question: why are the parties doing this in the first place?

Part of the problem is that legal education often treats economics the way children treat vegetables. We acknowledge its existence, understand that it is probably good for us, and spend considerable energy avoiding it whenever possible. Contracts are analyzed as legal instruments rather than economic arrangements. Regulations are discussed as rules rather than incentives. Markets appear in the background like scenery in a theater production—important, perhaps, but not something the audience is expected to examine too closely.

The difficulty is that businesses do not operate according to legal logic. They operate according to economic reality. A perfectly drafted contract is of limited value if it ignores commercial incentives. A regulation may be legally elegant and economically disastrous. Entire industries have been transformed not because legislators changed a statute, but because technology altered the cost of doing business. Markets, unlike law professors, rarely care whether an argument is theoretically persuasive.

This becomes even more obvious in a global economy. International trade disputes, supply chain disruptions, digital platforms, sanctions, tariffs, and competition policy all demonstrate the same lesson: legal outcomes are often shaped by economic forces long before they arrive in a courtroom or arbitration panel. Lawyers who understand economics can anticipate these developments. Those who do not often find themselves explaining yesterday's world while their clients are already dealing with tomorrow's problems.

None of this means lawyers should become economists. The world has enough economists already, and they seem perfectly capable of arguing among themselves. But business lawyers should understand incentives, markets, risk, and strategic behavior. Law and economics are not competing disciplines; they are different languages describing the same reality. The lawyer who speaks both is not merely a better lawyer. Increasingly, that lawyer is the only person in the room who understands what is actually happening.