At the Risk of Repeating Myself- Get Ready for Law School

07/09/2010

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I suppose I caused a minor stir on Twitter recently when I posted that "Anyone who tells you to take the summer off before law school instead of preparing, either made "B"s or has a very short memory."  My post caused a lot of twittering in the ethernet (okay, I intended that pun).  Could it be that I was creating a panic among rising 1Ls, in order to sell books?  Coincidentally, I also noticed a bookseller customer review that wondered whether law school prep book authors like me were compensated for recommending certain commercial outlines.

A couple of comments and I'll let you get back to Facebook.  I wrote Law School Labyrinth- A Guide to Making the Most of Your  Legal Education (Kaplan Publishing, March 31, 2009) because the entire time I was in law school I suspected that some students had an advantage.  They just seemed to understand what was going on and what they needed to do to graduate on top.  These students weren't any more intelligent than anyone else.  But they were definitely more savvy.  They understood the game.  They knew that first-year law school grades were critically important.  And they knew that knowing the law cold and being able to spot issues and apply the law to facts is critical, as is being able to construct a well-written essay, all in a few short hours.  Perhaps mom was a lawyer or they were dating a 3L.  I don't know.  But they knew that they had to "hit the ground running" from the day they set foot law school. 

While many poor 1Ls were scrambling around trying to figure out what an outline was, these savvy students were busy assimilating the law and learning to spot issues.  While the uninformed 1Ls were reading and re-reading cases, these soon-to-be Law Reviewers were investing their precious study time in "money" activities- creating meaningful outlines that helped them to assimilate the law and writing practice exams.

"Law School Labyrinth" was my attempt to level the playing field a bit.  Its purpose is to provide you with an attack plan for your legal studies.  It describes at least one method, the Pyramid Outline method, that you can use to focus your studies.  My book also gives you an orientation to the entire law school process to help you operate more efficiently and avoid  the kind of stuff that will suck up a huge amount of time with little payback where it counts-  at exam time.

And although I touch on outlines in my book, anyone who has read it or this blog knows that I believe that in outlining, the process is infinitely more important than the output.  Simply, outlining is the method that burns into your memory the black letter law that you need to do well.  Certainly, commercial outlines can help ensure that you get all of the black letter law in first-year subjects.  The can also give you a bit of a "blueprint" for the course.  But no commercial outline is going to substitute for your own sweat and engagement in the materials. 

And students who think there is a "holy grail" outline out there misunderstand the entire point of the Socratic Method and reading cases.  It's to teach how to "think like a lawyer."  Otherwise, a bar exam (and law practice, for that matter) would be simply a memorization exercise.  Anyone who has every practiced law knows that effective lawyering requires the kinds of skills that your legal education should at least begin to impart.  This is also why I disagree with those who say you should quit briefing cases, or even purchasing casebooks for that matter, after your first year.  But reading cases alone will greatly limit your understanding of the "big picture" of the subject.

So, I stand by my Tweet.  And I stand by my book.  By the way, for anyone wondering whether I was compensated for the overview I included in my book about the most popular commercial outlines, I wasn't.  And th book isn't making me rich- or even close to rich.  Finally, the one skill in law school necessary above all others is the ability to read carefully.  The pullout quote from my book (at about five times the normal font size), on page 123 concerning commerial outlines says, verbatim: "If you look carefully, you will be amazed at the number and quality of study aids that your law library offers.  These materials are all free."  In "Law School Labyrinth" I also recommend reading the Westlaw or Lexis version of the case- the headnotes can be incredibly useful.  Both are included as part of your tuition. 

And if you are starting law school this fall, get busy.  Read about the law school process-  I don't care if it's my book; there are several good ones out there.  Or read my blog; it's free.  But don't walk into your law school expecting it to be like college.  No one is going to tell you what to do.  There may or may not be a syllabus.  There are no pop quizes.  And there is no warm-up.  You will simply have about three months or so to get ready to be able to excel on your exams through excellence in issue-spotting, knowledge of black letter law (which is critical to issue-spotting), applying law to the relevant facts and doing all of it in a readable, meaningful essay, under extremely tight timed conditions.

I wish you the best in your legal studies.
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Law School Preparation Ideas That Don't Require a Lot of Work

05/30/2010

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I have previously written, both in this blog and in my book, "Law School Labyrinth" about suggestions to help you prepare for law school.  As I've said, the most important thing you can do to prepare is to make sure you understand the legal education process and have your own plan of attack.  Your ultimate goal (aside from gaining legal knowledge and skills) is to "hit the ground running" that critical first year.  This is because if you wait until the semester begins, you may find yourself running out of time for adequate exam preparation.  And in law school, generally one exam is the only shot you have at each class grade.

However, there are some things I suggest you consider doing that will give you a broader perspective on the study and practice of law, that can also be interesting and enjoyable activities the summer before you start law school.  If you are working and simply don't have time, don't worry.  You can do a bit of these now and a bit after school begins.  And if you don't get to them, you aren't doomed.  Think of these as sort of legal "personal development" activities.

1.  Go to Court.  Even if you never plan to litigate, visiting a courtroom and observing a trial will help you to understand the United States legal system.  And, depending upon the cause of action, you may find it enjoyable if not downright entertaining.  To some extent, trial is theater and each side is doing their best to convince someone of their client's positions.  If you decide to do this, be sure and check with the court to make sure you follow proper protocol.  The court clerk's office can help you in this regard.

2.  Talk to Lawyers.  Find some time to talk with lawyers who practice in different areas, such as litigation, corporate transactions, intellectual property, family law, estates, and the like.  You may have to offer to take a busy lawyer to lunch, but if you approach these people appropriately, you will likely find some generous people who would love to help you understand what they do.  You might look at a local firm's website and start by sending an email to the lawyer.  And although not your primary objective, this is also a good opportuity to network a bit.

3.  Read the United States Constitution.  Okay, this one requires a bit of work.  But considering that it is the foundational document of our legal system, it's worth the read.  And besides, it's actually not that lengthy.  Read it in order to understand the division of power among the various branches of government, and to understand how what we call "individual rights" came to be by virtue of the various constitutional amendments.

4.  Read Some Books About Law.  There are hundreds of great fiction and non-fiction works about the practice of law.  I won't go into any more detail than that, and to suggest that you look at the LSAC reading list, as well as ABA suggested reading.  Additionally, chances are that your law school also has a suggested reading list.  But there are some great books out there that will give you a good perspective on law practice, that won't require the kind of intensity you'll face in law school.

In short, take some time to familiarize yourself with basic concepts, but do so in such as way that will interest you.  Presumably, law practice will be your life's work.  And it's a great field, with all kinds of fascinating twists, turns and concepts.  Immerse yourself in the practice.  Soon, and before you realize what has happened, you will be "thinking like a lawyer", passing the bar and practicing.  Now is a great time to begin developing the breadth and depth that characterize great lawyers.
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Hit the Ground Running

05/11/2010

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If you are starting law school in the Fall, I encourage you, really encourage you, to start thinking about your plan of attack.  Anyone who has been through it understands that there is no "warm up" as there was in college classes.  You are hit with dense, voluminous reading, the Socratic Method and (whether you realize it or not) extensive learning and memorization of "black letter" law. 

Most importantly, your grades lie almost entirely with your final exams.   And your grades determine your employment possibilities.

I've heard people advise rising 1L's to take the summer off; relax because law school is one heckuva three years.  Extremely bad advice.  Many of your peers (especially those who will do well), are thinking about what it will take to succeed.  The grading curve is tight and the difference between "A"s and "C+"s is often hard to discern.

So, begin your prep now.  Take it as seriously as you did LSAT prep.  My preference, of course, would be that you read my book.  But biases aside, it does provide you with a methodology and a way of thinking about the law school process.  If you read it and internalize half of its substance, you will be able to "hit the ground running" that critical first year.

Feel free to contact me through this site, if you have any questions.  I wish you much success in your studies and legal career.

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The Irony of Law School Preparation Books

04/23/2010

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If you ever want to personally experience "reader schizophrenia", then take a cruise through the "law school preparation" book section of Amazon.com.  In particular, find a law school prep book (it doesn't really matter which one) and read the reviews.

You will find that for most books (especially those books with legitimate reviews), some people absolutely worship the book; however, some folks despised it.  Most books will have the complete range of ratings, from five stars all the way down to one star (I offer no commentary on books with nothing but five star ratings, other than to say that I recently read a review of the seminal book on law school, "The Bramble Bush" by Karl Lewellyn that totally trashed this indisputable masterpiece.  It is therefore hard to imagine more contemporary works that universally delight all readers).

Pay special attention to reviews written by people with prefatory comments like "I'm now in my second semester of law school" or something similar.  Those reviews are the ones where I believe you will likely find meaningful comments.  Law student reviews are also where you are most likely to find negative criticism about a particular book.

Some of the best-selling law school books are also those with some of the most vitrolic reviews.  I believe this is because many law students mistakenly believe throughout their law school careers that there is a "holy grail" book out there somewhere.  If they can just find it, they will make endless A's and A+'s, effortlessly. 

These misguided students engage in this fantasy thinking because after a semester or so of law school they are faced with the harsh reality of their own intellectual limitations.  These students are used to landing at the top of their classes, based upon their ability to memorize and regurgitate information; the classic undergraduate study model.  When they make their first "Cs" in law school, especially if they have read a book that purports to give then an "insider view" of law school, they naturally blame the book for giving them bad information.

As I explain in "Law School Labyrinth" (Kaplan Publishing, 2009), there are no holy grails in law school.  In law school, you learn to "think like a lawyer" largely by engaging in self-teaching.  If you follow your undergraduate study model, you will likely survive law school, but chances are, you will not graduate anywhere near where you think you should be, in terms of class rank.  Instead, the purpose of the Labyrinth is to teach you how to figure things out for yourself.  If you cannot step back and see the forest for the trees in law school, and understand the process, you will likely earn mediocre grades.

As I stress in "Law School Labyrinth", law school is all about the process.  Law school outlines teach you how to organize and digest information; the content is certainly important, but the outlining process is infinitely more important than the output.  Similarly, law school exams are about showcasing your ability to think like a lawyer, amid a sea of facts, red herrings and extraneous information.  No book or commercial outline can teach you this-  you must learn it on your own.

So, if you are looking for a book that will tell you which are the best commercial outlines, you will be disappointed.  Every law student is different and responds differently to the various materials.  There is no "holy grail"  outline for a particular subject.  If you think you have one and make a "C" on your exam, it's not the outline's fault.  Your "C" means that either you haven't mastered the subject or you simply cannot effectively communicate in writing your ability to think like a lawyer.

Obviously I have a strong bias for "Law School Labyrinth."  I wrote the book to level the playing field a bit and share insights I have gained after entering law school as a non-traditional student, passing two bar exams and working for a number of years in law firms and as in-house counsel.  My aim of the book is to help you develop your own strategy of attack for law school.  You need to have a strategy well before you ever set foot in law school.  Because first-year grades are so important, you cannot waste a minute getting your bearings.

But do not be fooled into thinking that my book (or any book) will give you a secret shortcut to success.  Learning legal analysis is a step-by-step proposition, sort of like learning to ride a bicycle.  You will struggle, wobble, and probably fall of the bike a few times.  But if you understand the basic goal and what it takes to get there, eventually you will succeed.

Best wishes in your legal career.
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Myths About the Best Undergraduate Majors for Law School

02/13/2010

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Political Science.  Philosphy.  Any liberal arts undergraduate major.  These are the best undergraduate majors for prelaws, right?  As with anything law school (and the practice of law), the answer is "it depends."  But the truth is that there are all kinds of equally good paths to help you get into and succeed in law school.

At the outset, you should understand that the ABA, which accredits law schools doesn't really care.  If you doubt me, read the ABA article "Preparing for Law School" at http://www.abanet.org/legaled/prelaw/prep.html.  Instead, the ABA suggests a core skill-building approach to your education that includes eight basic areas:  Analytic / Problem Solving Skills, Critical Reading, Writing Skills, Oral Communication / Listening Abilities, General Research Skills, and Task Organization / Management Skills.  The last area, Public Service and Promotion of Justice, in my opinion, are really closer to personal character and values, which one develops as a result of life experiences and maturation. 

But the point is this:  the ABA believes (and what they think about this subject is pretty important) that the student should focus on skills that prepares him/her for law school and law practice.  And clearly, the core skills involve your ability to read, analyze, communicate (both orally and in writing), listen and manage your workload.  And as a practicing lawyer who has been out of law school for a while, I absolutely agree that these skills are critical to the practice of law.  Further, I continue to develop and hone these skills every day I go to work.

So, instead of defining  yourself as a prelaw by the major you choose, I suggest that you choose an academic curriculum that will help you to develop the above core skills.   Certainly, political science, philosophy and other liberal arts majors can do this.  But so can engineering, accounting, marketing and many other undergraduate majors.  It all depends on what you do with the major.  More importantly, it depends on what you do with your available time during your four years or so of undergraduate education

Most undergraduate majors have a fairly large percentage of electives in terms of the overall curriculum.  After you finish your basic required courses, you have all kinds of opportunities to select courses that will help you develop the core skills necessary to succeed in law school and law practice.

You probably already know that most law schools begin their acceptance decision with a student's grades and LSAT score.  These two criteria are simply the most important when it comes to getting into law school.  So, any undergraduate major that helps you get the highest GPA and LSAT score would probably be your best bet.  At the same time, before you jump into that degree in "Basketweaving", you should also understand that law school admissions committees tend to equalize the "easier" majors with the "harder" majors.  In other words, a 3.2 GPA in Mechanical Engineering may be just as acceptable as a 4.0 in English.

As I have written in other blog posts, you should also consider the possiblity that you won't actually end up going to law school.  Therefore, you would probably be better served with an undergraduate major that can help you find a job, just in case.  Further, there are certain majors that are extremely complimentary to a law degree.  For example, an accounting degree can be a great compliment to a law degree if you want to practice corporate law.  An engineering degree can be very useful to future patent attorneys.

But the bottom line is that instead of focusing on the major, focus on the above core skills.  The following are some suggestions to help you do just that (I've organized them a bit differently than than the ABA has, because I see the skills more along the lines of a continuum than as discrete skills):

Reading, Writing and Researching:  As part of your law school preparation, you should read, read and read some more.  Read the most dense, incomprehensible books that you can find.  Practice reading until you can navigate almost anything.  I suggest that you add the ABA website to your browser favorites.  It includes great information on current events in the practice of law. 

I also suggest that you periodically visit a law school library and browse (you will need to get permission to do that, but I found that most law school librarians are more than willing to help).  Begin to read cases, in order to both learn to navigate them, and to get a feel for how legal writing is organized.  It will also help you see some of the available research materials.  And it will help you to prepare yourself for law school.  I descrbe tjos "due diligence" in my book, Law School Labyrinth- A Guide to Making the Most of Your Legal Education (Kaplan Publishing, March 31, 2009).

Read op-ed pieces and read legal articles, such as those found in law journals.  This will help you to begin to understand the substantive information but will also help you see how and what lawyers write.

Reading a great deal will also help you to begin to develop your writing skills.  Simply, most writers learn to write by reading voluminously.  Start writing every day; a journal is a great way to accomplish this.  Or, consider blogging.  It doesn't have to be about the law, it only needs to be about something you are interested in and that requires some thought and analysis.  It may also help you to develop your research skills.

Analytical, Logical and Problem Solving Skills:  Analysis is simply the skill of skill of rationally and logically thinking your way through a problem.  Certainly, there are formal logic courses available- consider taking one.  But reading through a book on logic ("Logic for Lawyers" is a good one) can give you the basic foundation.  And chances are, you probably already understand intuitively a great deal about how to logically analyze something or construct a logical argument (most of us learn about logic when dealing with an illogical opponent in an argument).  A key skill in logic is the ability to identify hidden assumptions. 

In my book "Law School Labyrinth-  A Guide to Making the Most of Your Legal Education (Kaplan Publishing, April 2009), I describe how assumptions work in arguments and how to analyze the basic structure of logical arguments.  Another good book, which may help you understand the process is "Getting to Maybe".  I suggest you read a number of different "law school" books well before you start law school.  They will help you get an overview of the often labyrinthian maze that law school can become, especially because in most cases, no one really explains the process to you.

Finally, exercise your logical skills through recreation.  Do crossword puzzles and other puzzles in order to sharpen your mind.  Engage in friendly debate (you might want to preface it by explaining that it's law school prep-  but get used to the idea that many people won't get it or you, especially after you become a law student; if the process works on you, you will begin to think and analyze in a dramatically different way that most people won't understand).  Consider visiting a courtroom to see lawyers in action.  If your school has a debate team, consider joining.

This is also a great time to consider giving something back to your community.  Volunteer in one or more of the many outstanding public service organizations, including your church.  Don't do something because it will look good on your law school application; do it because you believe in it.

I wish you the very best in your legal studies and career.  And if you are thinking about law school, be sure and pick up a copy of my book, Law School Labyrinth-  A Guide to Making the Most of Your Legal Education (Kaplan Publishing, March 31, 2009).



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Should I be Doing Anything to Prepare for Law School this Fall?

06/24/2009

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I have previously suggested some pre-reading you might want to consider in other posts, so this post will address a few logistical issues you might want to address before you start law school:

1.  Housing and Study-  Many people recommend that you find housing in close proximity to your school.  Although this advice is generally good, there are things you might want to consider as you decide where to live.  Most importantly, you need a quiet place that will enable you to study and rest.  Law school is demanding and requires a great deal of reading, so if you rent an apartment in the "party ward", you may find it difficult to focus.  Although being near the law school will reduce commute time, the benefits of a quiet place to retreat to your studies may ultimately save you time.  Your own preference may be to study in the law school library or other library, but be careful to avoid the social scene that can accompany the school library.  My own experience was that there was a great deal of noise and distraction in the law library.

2.  Familiarize Yourself With the Law Library-  The foregoing notwithstanding, your law library may contain numerous invaluable study materials.  Law libraries include numerous volumes of "reporters" which contain the reported cases, organized by jurisdictions.  Other than a temporary use of these reporters during your initial training, almost all of your caselaw research will be online through Lexis or Westlaw.  So, you really need to find out where the "gems" such as study guides, commercial outlines and treatises particular to your first-year subjects are located.  I recommend you see what's available for free, before you spend money on commercial materials.

3.  Make a Few Friends With the Law School Staff-  Stop by the law school offices and meet people in the library, registrar's office, placement office and other departments.  Introduce yourself and get to know some of the folks.  Most of them will be happy to meet you, and a few friends in the various departmens can come in handy down the road.

4.  Reading-  As mentioned earlier, I recommend several books before law school, including "Law School Labyrinth-  A Guide to Making the Most of Your Legal Education" (Kaplan Publishing, 2009).  Law School Labyrinth will give you with a good overview of the law school process, as well as a plan of attack for your legal studies and exams.  In addition, you should begin to do some reading of materials that may be outside your comfort zone.  The greater the density, the better.  Read editorials, political articles and other materials with which you have little or no familiarity.  Read slowly and carefully.  Ask  yourself questions as you are reading the material such as "what was the author trying to accomplish", "what might the next piece in this series discuss" and other analytical questions.  This will assist as you make the transition from everyday reading to law school reading, which requires an intensely critical perspective.

Finally, be sure and engage in some good recreation and relaxation before you start law school.  If possible, time yourself such that you are almost bored before you start school.  Hit law school with an energy and curiousity that will propel you through that first semester.  It will be demanding and challenging, but also exhilarating and hugely stimulating.

Best wishes in your journey.

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Should I Read Anything to Prepare for Law School?

05/15/2009

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Given the amount of energy, time and stress involved in law school, the last thing anyone really wants to do is spend a lot of time the summer before reading and thinking about it.

That said, a small investment of time before you start law school will actually reduce your stress levels and enable you to "hit the ground running", thus ultimately enabling you to study more effectively and efficiently.  This will pay back in terms of the time and energy required for most 1Ls that first year.

The most important preparation is to try and understand the "big picture" of law school.  Try and determine the mechanics of the process-  what are the components of a good study methodology and what is the end goal.  As I discuss in "The Law School Labyrinth", for most people grades are a key goal of your legal studies.  This is because good grades result in good job opportunities.  Grades are typically based on one final exam at the end of the semester.  Therefore, much of your activity throughout the semester should be focused on one of three objectives:  (1) developing your legal reasoning skills; (2) learning the law; and (3) developing your law school exam-writing skills.  Each of these tactics should be used to accomplish the overall strategic objective-  good grades at exam-time.

I have read or reviewed most of the law student "success books."  I recommend that you include the following three books in your law school strategic arsenal.  Read all of these before you start law school:

1.  "The Law School Labyrinth-  A Guide to Making the Most of Your Legal Education".  Obviously, I have a bias(since I wrote the book); however, the goal of this book was to enable students to accomplish the above-described objectives.  First, the book describes the legal reasoning process and provides tips and techniques on developing your own reasoning skills.  Second, the book provides good recommendations, via the Pyramid Outline Method, which will enable you to learn the law well in advance of exams.  Third, the book will help you understand the law school exam process and provide you with a methodology to attack law school exams.  Finally, this book will give you a good overview, through stories and information, of what law school is really like.

2.  "Getting to Maybe" by Richard Fischl and Jeremy Paul.  This book provides an excellent overview of a core component of the legal reasoning process and exam writing.  The authors discuss in great detail the "on the one hand/ on the other hand" methodology so essential to law school exam success.

3.  Either "The Paper Chase" by John Jay Osborne or "One L" by Scott Turow.  Both books give an excellent "slice of life" view of what law school is really like.

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Law School Summer Reading?

04/28/2009

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Given the amount of energy, time and stress involved in law school, the last thing anyone really wants to do is spend a lot of time the summer before reading and thinking about it.

That said, a small investment of time before you start law school will actually reduce your stress levels and enable you to "hit the ground running", thus ultimately enabling you to study more effectively and efficiently.  This will pay back in terms of the time and energy required for most 1Ls that first year.

The most important preparation is to try and understand the "big picture" of law school.  Try and determine the mechanics of the process-  what are the components of a good study methodology and what is the end goal.  As I discuss in "The Law School Labyrinth", for most people grades are a key goal of your legal studies.  This is because good grades result in good job opportunities.  Grades are typically based on one final exam at the end of the semester.  Therefore, much of your activity throughout the semester should be focused on one of three objectives:  (1) developing your legal reasoning skills; (2) learning the law; and (3) developing your law school exam-writing skills.  Each of these tactics should be used to accomplish the overall strategic objective-  good grades at exam-time.

I have read or reviewed most of the law student "success books."  I recommend that you include the following three books in your law school strategic arsenal.  Read all of these before you start law school"

1.  "The Law School Labyrinth-  A Guide to Making the Most of Your Legal Education".  Obviously, I have a bias; however, the goal of this book was to enable students to accomplish the above-described objectives.  First, the book describes the legal reasoning process and provides tips and techniques on developing your own reasoning skills.  Second, the book provides good recommendations, via the Pyramid Outline Method, which will enable you to learn the law well in advance of exams.  Third, the book will help you understand the law school exam process and provide you with a methodology to attack law school exams.  Finally, this book will give you a good overview, through stories and information, of what law school is really like.

2.  "Getting to Maybe" by Richard Fischl and Jeremy Paul.  This book provides an excellent overview of a core component of the legal reasoning process and exam writing.  The authors discuss in great detail the "on the one hand/ on the other hand" methodology so essential to law school exam success.

3.  Either "The Paper Chase" by John Jay Osborne or "One L" by Scott Turow.  Both books give an excellent "slice of life" view of what law school is really like.

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