On Law School


In her January 25 post, my friend and fellow blawger Susan Cartier Liebel asks “what obligation does the ABA owe to law students?” Susan’s post and the November 2009 report, The Value Proposition of Attending Law School by the ABA Commission on the Impact of the Economic Crises on the Profession and Legal Needs she mentions should be on every prospective law student’s must read list.

While I agree that the report should have wide distribution among prospective law students, I respectfully disagree with two of the post’s underlying assumptions: (a) that the ABA owes an obligation to prospective law students and (b) that the sole reason d’être for not quickly disseminating the report is simple greed. (more…)

Perhaps it was the 3 articles in the ABA Journal’s weekly e-newsletter expressing astonishment at the success of lawyers going solo, or perhaps it was the odd looks I got at  yesterday’s County Bar’s New Lawyers Meeting when I introduced myself a SOS (solo out of school), but I been contemplating about herd bound horses and the practice of law.

I’m in the long process of gentling a young mare – a process made a bit more difficult by the fact that she’s herd bound. Now, for those of you who don’t know, a herd bound horse has a strong “emotional” attachment to its herd. Now, if this attachment is great for long term survival in the wild – for the wild horse, the herd provides direction and protection (straying to far from the herd tends to get one eaten). However, for the domestic horse whose biggest challenge is waiting for the 6:00 PM bucket of oats this attachment can be both a source of amusement and a source of frustration for its human servants – there’s nothing quite like trying to have a quiet ride when your horse is screaming, prancing, and whinnying simply because you’ve walked out of sight of the other horses. (more…)

Make voyages! – Attempt them! – there’s nothing else… (Tennessee Williams)

So, you are thinking of going solo right of school – great! Here’s some things to keep in mind:

  • If you can pass the bar exam, you are (or at least yourState Bar thinks you are) competent to practice law. Period, end of discussion. So never doubt that you are sufficiently prepared to go out there and commit random acts of lawyerism. That nagging doubt, that fear that sneaks up in the quite hours of the night does not feed on your lack of competence, it feeds on your lack of experience. The good news is that there’s a cure for that – time. (more…)

Your 2L year is the easiest of the lot. By now, you should have a handle on hows, whats, and whys of studing cases and you have left most of the intro courses for the more interesting ones. Now’s the time to start looking for that first legal job (if you can find volunteer work during the summer between year 1 & 2 so much the better). Finding that first job is going to be all about networking, so even if you aren’t interesting in a job with BIG LAW, participate in the on campus interviewing program and start talking with other lawyers – you’ve little to lose and could even gain summer employment. Moot Court and law review are good resume builders, but you can gain a great deal more practical experience by volunteering with a local legal aid organization or a local judge – you can open a lot of doors by with the simple phrase “I’m looking for some practical legal experience, could you use some volunteer labor?”

A brief word of advice, if you didn’t do it during your first year, sign up for your bar review courses during your second year. This will save you money down the road. I used two review courses, one that concentrated on essay preparation and one that concentrated on the multiple choice portion.

Year 3 is tough – the end is in sight and the urge to just coast is strong. Here is where time management really plays a big part because you’ve got to do 3 things – complete your courses, keep up the job search, and complete your bar exam application. I allowed 4 months to complete my bar application and that was barely enough time to track down all the necessary supporting documents, letters of recomendation, etc. If I were to do it again, I’d start 6 months before the deadline.

Once law school is over, take a day off and congratulate yourself. You deserve it, because tomorrow you are going to start reviewing for the bar exam.

Yes, you do have to read it all. However, the faster you can get up to speed with the proper way to read a case, the easier your life will be. Your goal when reading a case is simple, eliminate the fluff and isolate the critical facts the court used, the issue the court decided, and the rule/ruling made. The cool thing is that these are the same skills you’ll need when taking an exam. The shorthand for this is IRAC (issue rule analysis and conclusion). The only real difference between reading a case and taking an exam is that the exam requires you to do your own RAC — your professor will take care of hiding the issue and critical facts among the extraneous fluff.

Commercial outlines, case briefs and nutshell guides are useful, but are no substitutes for doing the reading. These commercial products are the law school version of Cliff Notes. Don’t ever make the mistake of thinking that you can get away with using them in class as a substitute for having read the case. Better to admit you are unprepared than to start playing “stump the chump” with the professor. First, there is no way a one page summary is sufficiently comprehensive to provide enough information to satisfy a detailed probing by a motivated professor.  Second, commercial products are notorious for getting the names of the plaintiff and defendant reversed at random locations through out a brief and there’s no surer way to set yourself up for a game of “stump the chump” than not being able to present a coherent summary of a case. Use the commercial products to fill in holes in your notes, but don’t rely on them as substitutes for actually reading the material.

Statistics show that your performance during your first year in law school is predictive of your success on the bar exam – if you can manage a C+ average by the end of your first year, you’ll have no problem passing the bar.  The catch is: the pace of law school does not allow for “being a little lost”. If you even suspect you might be a little behind, aren’t quite sure of the material, or might have missed something in class don’t wait any longer before you get a tutor, find an academic coach, or get help from the professor. If I were to do it all over again, I would set up a standing weekly appointment with a tutor the moment I set foot on campus and I would keep that appointment religiously.

The hardest part about your first year is realizing that, for the first time in your academic career, you may get a C. Don’t fret. Law schools take the cream of the academic crop each year (the average GPA for my first year class was 3.75). All that a C means is that you are an average over-achiever. C’s get degrees and, more importantly, C’s get jobs too.

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