Monday, November 17, 2008

From Cube to Classroom: By Scribbles

I worked for several years before going to law school, and it is certainly a big change from corporate life. Now I enjoy a relaxed dress code, flexible hours, and time to actually talk about issues instead of always running around solving one crisis after another. It’s a lot of fun, but there are also some real adjustments to get used to.

Being disciplined about studying, especially on the weekends (which used to be my free time) is a change. It’s great not having class until 11:00 am on Tuesdays, but if I don’t spend that time studying, I’ll be up until midnight.

Money is also a factor. I got spoiled by direct deposit coming in twice a month. Now the money’s only going one direction: out.

Isolation from the corporate world is also a feeling I sometimes get. I do keep in touch with old colleagues, but I feel like the whole mortgage meltdown happened while I was in the law library (that might not be a bad thing).

But I made the right move. As a law school in New York City, St. John’s is very much in tune with what is going on in this city, as well as nationally and internationally. From the first day, I was told I was here to train as a lawyer, a new profession that I had chosen for myself. I was reminded that in just three years I would be back in the world with a whole new set of skills.

Going back to school can be challenging, but it is also very rewarding. The added bonus is that in three years I will be a practicing attorney.

It's Different Here: By Night Rose

All I can say is... wow. I have never studied like this. Ever! Sure, I did homework in undergrad.... like the day before! I never set foot into the library though. Nor did I ever, EVER turn down a party, or a date... or the chance to go to Six Flags for Halloween! I have been in the library, nonstop... and when I am not in the library, I am in my old bedroom/converted office at home. What do I do all day long? I am reading torts, contracts, property. I am working on my legal memo, the final draft which is worth 50% of my grade! Finals are just around the corner and they loom large in my mind. With our entire grade based on one exam, the intensity of studying here is unparalleled.

That initial freakout was about a month into school. I am not feeling any better, but I am controlling these emotions by doing what I call my mom's mantra: study, study, study! Did I say I never stepped into a library before law school? Wow.

Bye Bye Kansas: By Srcibbles

In the first three months, the biggest difference I’ve found between law school and undergrad is how focused every aspect law school life is. I started writing this posting during class, but I found that I couldn’t describe my experiences in law school and follow the lecture, so I had to put this down. Multitasking in class is not an option for me if I want to pick up the key points the professor is making, because she isn’t always going to say, “This is important. Put this in your outline.”

Another major difference involves studying and reading. When I was an undergrad, I would skim the text or read the assigned pages once. Now, I usually have to read each case two or more times to understand the arguments and dissect the governing law.

Even social events are more focused and important in law school. Of course, I’ve made friends that I enjoy studying or hanging out with. But law school events are also opportunities to network and make contacts that I may need to rely on five years from now to get a job.

Law school is certainly far more like undergrad than it is like working in an office. But I can’t help feeling that I’ve started down a path that will continue to require a heightened degree of focus and energy, and there’s no going back to Kansas.

The Sixth Draft: By Scribbles

It’s finished. I submitted my final legal memo assignment last week, and now I am free to study for finals. Without a doubt, the legal memo was the most amount of time I have ever spent earning two credits. But it was also the most valuable practical experience that I’ve had this first semester of law school.

Legal writing is definitely an art form that must be learned by doing, because it is not like other forms of writing. First of all, I had to start with the conclusion (and also end with a longer conclusion). For every case I cited, there was a specific rule from the “Blue Book” that had to be followed precisely – no room for creativity in citations. I also wrote about six drafts to get to a point where I felt comfortable submitting the memo, and even now I know it’s not perfect. But it was well worth the effort.

Helping me through this process was St. John’s brand-new Legal Writing Center, which is staffed with upper-level students. They know what the professors are looking for, because they’ve had the same professors that I have. I met with two consultants, and they helped me improve my writing and caught a few spelling errors. They did not, however, rewrite my memo, and I’m glad for that. Working independently is an important aspect of first-year legal writing. It builds confidence and sharpens skills.

MEMOries: By Night Rose

In legal writing, we get two chances. The first draft, worth 30% of our grade, and the final draft, worth 50%. I handed in my first draft, so cocky, so sure that I was going to be #1. A couple weeks later, an email entered my inbox, notifying me to collect my paper. After I saw my dismal grade, I had one thought: I totally deserved so much better! My paper was well thought out, structured, and grammatically correct! Or so i thought.

After looking over the comments, I realized I totally deserved that grade. Too much passive voice, no organization, and lack of proof. Grrrr, I thought... where to go from here? The final memo due date loomed two weeks away. I worked every single day on this paper until there was no passive voice, mucho organization, and lots of relevant proof. Do I feel as confident as before - no way. I do want the best grades- I want to be #1, remember? But, seriously, if nothing else, at least i am learning.

Don't Bubble: By Night Rose

After watching movies like Legally Blonde, and hearing horror stories about the so-called Socratic Method, I was nervous about my first time in the spotlight. It happened during Torts with one of the most distinguished Professors at the school. By merely walking into the classroom, the Professor produced a tangible air of anticipation. He started to take roll call. Of course, I, with all my effervescent bubbliness, said, "Hi Professor, how are you," when he called on my name (everyone else just raised their hands). He looked at me sternly, and then returned the greeting. You could feel the mood begin to lighten. He introduced the day’s topic: elements of intentional torts. Then, he looked straight at me and said, "Who wants to volunteer for the next case?" I mean, dead on looking at me! (Damn my effervescent bubbliness, I thought furiously!) I stammered, "Would, would you like me to g-go?" "Yes, Ms. Nightrose."

Why does the professor always call on you for the case you might not completely understand? I had the first two cases down perfectly, but of course, he calls on me for the third one, which was much harder! Well, I lived to see another day, but let me tell you, he was definitely grueling. He probed, questioned and picked until all my answers fell apart. I did not feel stupid, though. Instead I began to understand that the answer is less important than the process. Understanding the arguments on both sides is the goal. The law is different than anything I’ve ever studied. Ever.

Monday, October 27, 2008

First Time in Contracts: by Sleeping PIll

The guy on my left was woefully unprepared for the barrage of questions steadily blazing his way from the professor. Watching an unprepared student writhe under the gaze of an inquisitive professor is a decidedly uncomforatable experience for everyone involved. I remember thinking “that’ll never happen to me… I’m too smart."

“Since your neighbor is not up to the challenge, Mr. Pill, perhaps you could help us.” Professor Contracts was looking right at me. I felt my stomach drop, my heart-rate spike and my hands begin to sweat. Professor Contracts was still looking at me. (Had he asked a question yet? Did I miss it? How long has he been looking at me?) I was panicking.

“Mr. Pill…” Contracts began. (I’m still OK, here comes the question.) “Mr. Pill, what is consideration?” Contracts asked. (OK, I know this. I just read about 100 cases that told all about consideration)

I started to speak. My voice sounded small bouncing off the cavernous walls of 1-15. “Consideration is what you pay for the thing you want…”

It goes without saying that this nugget of brilliance wasn’t exactly what the professor was looking for. I did a little writhing myself as my recall was tested by Professor Contracts. It was quite an experience: a little terror, a lot of adrenaline and one helluva challenge. I’m ready for my next one…

Sunday, October 19, 2008

Too Warm for Law?: by Scribbles

It felt too warm to be going back to school on August 11, the first day at St. John’s Law for the class of 2011. The first day of school, traditionally just after Labor Day, always felt a bit more like autumn to me. But that day was not like any other back to school day. For starters, everyone there, like me, was a survivor of the LSAT. They were from the top of their undergraduate classes and were convinced of their abilities.

Orientation Day at St. John’s Law was a great way to break the ice, meet new friends, and get to know the lay of the land. Tours of the law school were arranged, and the school’s various resources and services were explained to us. After breakfast and speeches by the dean and others, the 240 day division students broke up into our separate sections. (These are the people you will be spending most of your time with your first year of law school.) We were introduced to a few of our professors and this provided a great opportunity to find out about teaching styles, final exams, and whether or not they allow laptops in their classrooms (they do). We also got to hear from two judges, St. John’s alums, who gave us advise about the importance of professional ethics and a solid reputation.

Classes begin…

With its large tiered classrooms, imposing professors and 9:00 a.m. class times, the first week of law school can be an anxious time for freshly minted 1L’s. But not at St. John’s Law. The professors are very helpful and take the time to explain the public policies underlying the area of the law they are teaching. They really do take a “there are no dumb questions” attitude. The 2L’s and 3L’s offer advice about what to focus on, who the tough and not-so-tough professors are, and why it’s important to take a break too. And the other members of your section quickly become some of your best friends.

Perhaps the most important part of any 1L’s first week of law school is Introduction to Law (IL). While you may have never heard of this class, the time you spend in this introductory procedural course will be one of the best investments of your law school career. Intro-Law takes you through briefing cases, handling the Socratic Method, and thinking like a lawyer. You’ll also get to know Contracts, Property, Torts, and other classes during your first week. These classes will simultaneously enlighten and mystify you. But it’s the practical tools you gain during your first week of law school that prepare you for the challenges and opportunities ahead. I hope.

I’m REALLY a Law Student-Week 1: by D. Rapids

Although my id card that I got during Orientation claimed I was a “law student”, it wasn’t official until I sat through my very first law-school class, not including “Introduction to Law”. Rumors of my contract’s professor’s excellence proved true. He
explains everything so thoroughly and in a very systematic, easy-to-understand way. Also, he really engages students in the material by asking lots of questions.

Then, there’s Torts. My Torts professor seems very, very, very passionate about the subject, which is always a good thing. I think Torts is going to be my favorite class because the cases involve everyday situations (i.e. people throwing things at each other, poking people’s eyes out with sticks).

Legal writing. Oh, what can I say about Legal Writing? Well, I was an English major and legal writing is more like math than writing. Really! Everything has to be precise and concise. My professor is very upbeat and seems like she is going to be helpful, but I’m still worried. However, there is the Writing Center if I really need help.

Besides the classes, the first week of law school was kind of like the first week of high school. We even get lockers! Everyone is trying to get to know each other and get accustomed to the school. I was actually surprised by how friendly all the students are here. I had this image in my mind of “the law student”. But this student doesn’t exist. All the students have really different personalities, which makes things exciting.

Convincing Mom: by M.C. Ethics

The thing that struck me most about orientation was the fact that almost every speaker seemed to be focused on ethical behavior. When I was accepted into law school, I asked my mother if she would support my decision if I decided to enroll. She told me that she did not like lawyers but would be willing to pay for my tuition deposit and books only. I was on my own regarding the rest of the tuition because my mother was hoping that I could attend some other graduate program for free. I wondered for a while why my mother did not like lawyers and I bet in her mind, lawyers were evil and would do anything for their fee.
This is why ethics are so important. The reputation of an entire profession hinges upon how attorneys conduct themselves. My mother must have had to hire someone who behaved unethically which created the view in her mind that every lawyer was evil. By focusing upon ethics at orientation, St. John's is betting that after our class graduates, we will be able to change people's perception about lawyers.

Classes Begin…

During the first few days, I was very afraid of my professors, they seemed to have a way of instilling a sense of fear upon students. After a few more classes, however, I found that most of the professors cared about the well-being of their students and want all of their students to succeed.
Then there are fellow students. I have noticed that the caliber of the student body is amazingly high. It is as if the admissions committee selected the single brightest person from classrooms around the country and placed them all in my class. It seems that I will have to work harder than I anticipated just keeping up with the rest of the section, but this is a challenge I will embrace with perseverance and determination.

New Beginnings: by Night Rose

As an evening student, I have a unique advantage over the 1L full time students. That is right, I am here to embrace my inner PM status, and announce to everyone that I love starting out as an evening student. I took a year off between college and law school. Anyone who has done that, especially if the time span more than a year, can say with certainty that the idea of returning to classrooms, textbooks and, studying, is terrifying! All I heard was “you better study your brains out!" I was VERY nervous about starting school.
Orientation came, and I had no idea what to wear- what do you wear to a law school orientation? When I got there, they were serving food, wine and beer. Yes! My jittery nerves were gone with a glass of red. What really stood out to me about orientation was the welcoming nature of the St. John’s community. St. John's really seemed to care about everybody! The Deans and some teachers welcomed us- they also had a couple of evening students come in and talk. I went home at the end of the night, and felt better. This is going to be fun.

Classes Begin…

Wow. There is a lot of reading. Like, a lot! The first week was four uninterrupted days of Introduction to Law. We learned the basics of writing a case brief, which has been very helpful in the subsequent "substantive classes.” I also experienced my first interrogation in which the Professor latched onto me for one case for 20 minutes. He had me scrambling through my notes and case brief to find answers to questions I did not even know existed!
Time has passed and I am not nearly as terrified as I was a month ago. I actually enjoyed reading as a child and as an adult, so I am plowing right through the assignments, while retaining at least most of the pertinent facts. Let me just reiterate though, I am still nervous, and probably will be, until I experience my first exams… in December.

It Begins: by A.T. Gone

Orientation, which was last month, was a great opportunity for first-year students like me to meet other first-year students as well as some faculty and administration members. The food is pretty good too. The first weeks of classes was welcomed by many as a good way to transition students and prepare them for the challenges ahead. This first week for 1L's consists of four hours a day in which you are introduced to law school and all that comes with it. IRAC? BaRAC? Too many acronyms, too little time.
Basically, this week is dedicated to an overview of the court system, analyzing and briefing cases, all of which mastering becomes crucial to success throughout law school and your career. If you ever took a law course in undergrad, this is your week to breathe a little easier as this should be a simple recap for most of you. If most of this is foreign to you, and you find yourself feeling lost and frantically looking up translations for all the Latin that you will see, don't be discouraged. This first week is meant to help ease your way into things. Briefing and finding the IRAC in each case will become second nature to you.

Monday, August 4, 2008

To Brief or Not to Brief

One of the biggest questions facing 1L's is the question of whether or not to brief the cases we are assigned to read. Most professors will tell their students that briefing is absolutely necessary to a successful 1L year. But is that really the case? Here's what I think...

The most important aspect of obtaining a legal education is reading and understanding the cases. One should brief to the extent that briefing will serve this goal.

I've been seeing a lot of folks with these massive briefs: procedural posture, names of litigants, exquisitely detailed facts etc. Now if this type of brief helps you to understand the case, then by all means go forward. Be warned however that come finals time these huge briefs may not be all that helpful. One of the major challenges of law school is the amount of information we have to digest. In order to best digest all of this information, it helps to have cases broken down into bite-sized nuggets. If your briefs are not bite-sized they won't help you.

I never briefed. Well that's not entirely true. I briefed in class. This I found to be the best solution for my learning style. I would carefully read each case the night before class. Then I would go over each case again before class to ensure that I would be able to intelligently present in the event that I was called on. Then, in class as the professor went over the case I would brief the case into a bite-sized chunk that would help me remember the key points later.

This method established three things for me. 1. I enjoyed reading the cases as I wasn't worried about rushing through them to finish my briefs. 2. It forced me to understand the cases instead of summarizing them. 3. It made me focus in class on the cases instead of facebook. The end result was a set of class notes far superior to any outline and set of briefs that were actually useful in finals preparation.

Wednesday, July 23, 2008

Legal Writing

Never in the history of academics have students had to do so much work for two credits. Legal Writing is hard. One would think that just from reading case after case after case there would be some learning by osmosis. Nope. Let me put it to you this way. I’ve been done with my first year of Law School now for the better part of the summer and I am just beginning to understand legal writing. Here’s my advice…

Don’t think of it was writing. I repeat, if you think of legal writing as writing you will fail. Writing is about telling a story; setting scene, perhaps character development, rising action and resolution. Writing can be enjoyable, sometimes people even find it cathartic. Legal Writing is not like that at all. Your best bet is to think of Legal Writing as math. Remember geometry proofs? Proving triangle A is similar to triangle B, or proving congruence between two parallelograms? If you don’t remember, refresh yourself.

Legal writing is definitely more like a logic proof than a short story. Throw away all of your fancy writing books and find your Integrated Math II textbook from tenth grade and get crackin.

Laptops

“There is actually a significant movement within the Law Professor community to ban laptops from classrooms.”

Well isn’t that something. All this time I had been sitting comfortably behind my laptop screen thinking about how wonderful the laptop made my educational experience, and the professor I respect the most is talking smack. The laptop computer makes everything better. Notes are useful because they are legible, mutable and exchangeable. I can take down a lot more information as I type significantly faster than I could ever write and if I get bored there is facebook. That’s the conflict really. With laptops comes the presence of the biggest distraction in the entire world, the internet.

What I found surprising was the fact that this particular professor was anti-laptop. It wouldn’t really surprise me if some of the other faculty took this position but here was a guy that seemed to be on the side of technology. The last time I sat in classrooms regularly we didn’t have laptops or wireless internet in every classroom. It was only 3 or 4 years ago but that’s how fast this technology has taken over. My response to this attack on laptops is twofold….

First, the benefits of the laptop far outweigh the possible drawbacks. In addition to the note-taking issue mentioned above the accessibility of the internet is an invaluable educational tool. I can’t tell you how many times I looked things up in Blacks Dictionary in the middle of class. Second, laptops did not create distracted students. In college I would draw very complex pictures of trees in the margins of my notebook. If you’re not going to pay attention, the presence or absence of a computer will not change your mind. The laptop just makes the options available to the bored student more entertaining. The answer…and professors take note… just make your lectures more entertaining….

Accuracy v. Precision

“Lawyers have to be PRECISE with their language.”

Every first year law student has undoubtedly heard this phrase about a million times. There’s a major problem with it though. The problem stems from the difference between accuracy and precision. Accuracy is the degree of veracity while precision is the degree of reproducibility. The analogy used here to explain the difference between accuracy and precision is the target comparison. In this analogy, repeated measurements are compared to arrows that are fired at a target. Accuracy describes the closeness of arrows to the bullseye at the target center. Arrows that strike closer to the bullseye are considered more accurate. The closer a system's measurements to the accepted value, the more accurate the system is considered to be.
To continue the analogy, if a large number of arrows are fired, precision would be the size of the arrow cluster. (When only one arrow is fired, precision is the size of the cluster one would expect if this were repeated many times under the same conditions.) When all arrows are grouped tightly together, the cluster is considered precise since they all struck close to the same spot, if not necessarily near the bullseye. The measurements are precise, though not necessarily accurate.

So now that we’re all clear on that difference… I invite all of you to call out the first professor you hear say that thing about lawyers and precise language. Simply ask… “professor I’m unclear on the differences between accuracy and precision, would you please explain it?” Then see what happens…

First Day Blues...

I had spent the previous two weeks fishing. I would wake up at dawn, throw my gear and dog in the car and head out to the beach. Needless to say a classroom in Jamaica Queens felt like a world away from the beaches and vineyards of the North Fork. “Your goal is to find the issue at the heart of each case.” Issue? I didn’t really know what an issue was. It seemed like a relatively important concept though. I typed the word issue onto my laptop, control b’d it to make it bold and typed a question mark. All around me the clicking of fingers on keys rose to an impressive roar.

This was law school up close. We were all sitting in a tiered classroom on Utopia Parkway watching the strange creature called the “law Professor” behind the mahogany podium. “Sometimes the Court will be nice and actually state, ‘the issue in this case is such and such,’ but more often then not you’ll have to find it yourself.”

The first week of law school was basically an introduction to the procedural aspects of the study of law (the distinction between procedure and substance is a useful concept to become familiar with as soon as possible.). Today’s lesson was case briefing. So apparently the deal is that in each case there is an “issue,” the issue is the question the case addresses. The issue is the law. Again, the roar of fingers on keyboards.

Looking back I realize that I literally had no idea what I signed up for. The first year of law school was so intense, so insane, so much fun and so much pain that had someone attempted to explain it all to me I would not have believed them. People had told me that it will change the way you think. I was told that the abstract concept of “thinking like a lawyer” would invade every aspect of my life. It did. It was the first step into a larger world. I’d do it again.