10 things I didn’t learn in law school
Look, law school taught me a fair bit. I won’t lie. It taught me that even grown-ups can get drunk and get in fights at local bars. It taught me that my fellow lawyer isn’t much smarter than me and will one day become really famous. It taught me that you can fake your way through almost anything.
But here are ten things it didn’t teach me:
- Nobody ever uses the phrase “black letter law“. Seriously. Lawyers who do use the phrase “black letter law” are usually laughed at by cliques of other lawyers. This is an invention of professors, I’m sure, meant to intimidate and harass poor first year students. Black letter law? Is that some Rules of Court book?
- That you will forever be haunted by names of cases, but not remember a damn thing about the case itself. Who here can tell me about Helicopteros or International Shoe or Pennoyer or Dudley and Stephens? (Okay, that last one is really cool – it’s about cannibalism). Wasn’t there a Vana White case?
- How to pick a jury.
- There is no box. Law school professors keep telling you to think outside the box. What they don’t tell you is that there is no box.
- That law review leads to document review. If you want to do real work, take a clinic or something.
- Your clients will hate you. They will think they are smarter than you. They will try to tell you what to do.
- How to deal with #6 above.
- Most judges haven’t practiced in a while, so forgive them if they make stuff up as they go along.
- Caselaw and precedent may or may not mean much until you get to an appellate court. And even then…
- Finally, no matter how long you practice or what you do, there will always be more to learn and ways to better yourself.
What have you not learned from law school?
On that somber note, here’s some nostalgia for hilarity’s sake:
http://www.youtube.com/watch?v=-qHEBABE6PU
| Print article | This entry was posted by Gideon on December 10, 2008 at 11:12 pm, and is filed under we are real lawyers too, whaaaa?. Follow any responses to this post through RSS 2.0. You can leave a response or trackback from your own site. |
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about 3 years ago
That was an excellent list, though I’m not sure why you need to forgive judges under number 8. Just anticipate it.
about 3 years ago
Number 5 – Thank goodness…rather rub elbows with the working folks.
Number 6 – Snap. Works like this in Graphic Design. Give someone Microsoft Whateverthehellitis and they think they are God’s gift to mankind. Comic Sans tends to be their favorite font.
Number 8 – We still have to suck up and call them “Your Honor” and “May it please the court.” Feck.
Number 10 – Oh good. I can relax and enjoy the company with my shoes off, jokes flying, and drinks for all.
Guinness, anyone?
about 3 years ago
Since you’re in public practice, you may not come across this, but — 11. Your clients may not pay their bills on time. Or even reasonably late.
about 3 years ago
Have you looked at the state of CT’s budget lately? Granted, they’re not his client, but . . .
about 3 years ago
Sigh, growing up ruins a lot of great entertainment. When I watched this as a kid, Kingsfield was amazing, but when you run into people like that in real life, they’re kind of tools. They sometimes have the power to back up the attitude, but they rarely have the skills.
(Then again, I guess that’s good experience for you trial lawyers, huh?)
On the other hand, I still fondly remember my Inorganic Chemistry professor, who could do a great imitation of Kingsfield. “Mister Draughn. You come in here. With a skull full of mush. And you leave. Thinking like a chemist.”
about 3 years ago
You know I can talk about what law school doesn’t teach you. But I won’t because you may construe that as marketing
But having taught people who felt as if law school was failing them…the consensus is law school simply doesn’t teach you how to actually BE a lawyer unless you are fortunate enough to get some serious clinical experience with someone (usually an adjunct) who is currently working with actual clients and functioning in the system.
And I have absolutely no recollection of any case ever discussed even though I was told it was absolutely critical to my passing the bar and actually serving my clients.
about 3 years ago
Well, that’s the serious reply, isn’t it. I think that’s generally the #1 complaint with law school is that it doesn’t teach you anything about lawyering itself.
about 3 years ago
How does one learn the lawyering while in school? Clinics? Clerking? I want to learn lawyering alongside the law. Being a kinesthetic learner it will serve me well.
about 3 years ago
Clinics definitely go a long way towards getting real life experience. Clerking is also an option, but you can’t really do it during law school.
Maybe the summer jobs and internships should be with practitioners not law firms.
about 3 years ago
12. Never drink a soda, and always pee, before jury selection.
13. The chunks of your life that you will never get back by having your case on “recall.”
about 3 years ago
Duly noted.
about 3 years ago
Huh, I went to Northeastern and we hit all these points, save perhaps 3. Then again, NUSL focuses on cranking out lawyers who will f— you up on the day they are admitted to the bar.
- k
about 3 years ago
Kudos for recognizing that there is more to learn.
Let’s start with what’s missing from the list:
Did they teach you how to get a client?
Did they teach you how to retain clients?
Did they teach you how to ask what the client need next – and how to fill that need?
Did they teach about creating value and charging base upon what your service is worth to the client?
In short, did they teach you that a law firm was a business and how to run it like one?
The problem with these lists (and others just like them) is that they are made up by people who THINK LIKE LAWYERS.
I know there “is no box” but if there was one you would need to think outside of it or you will always be a slave to a client or to a billable hour requirement.
Time to stop “practicing” and start running a business.
about 3 years ago
Hmmm…treating clients like customers? Running a business, not being a lawyer? Me no likey. I don’t think that’s a trend anyone should embrace. Let’s not confuse being an advocate with being a business person anymore than it already is.
And the title of the blog is “a public defender…” I doubt Gideon has to worry about being a “slave to the billable hour.” (Not to make the life of a public defender sound easy, because it is anything but).
about 3 years ago
Point taken on being a “Public Defender”.
Obviously I need to have my eyes checked (or at least read the title of the blog before commenting) . I discovered this post via twitter and a link directly to the list.
I guess I got caught up on the specifics in the list and not on the role within the law. Context is important.
Apologies.
Obviously PDs will not have a problem with client acquisition or billable hours nor do they need to be concerned with the “business” of law.
I admire them for the sense of higher purpose and determination.
Ignore this tired, foolish individual and move along…..
about 3 years ago
Yeah, I have no use for that information, but I’m sure there are plenty others who would have appreciated learning something about running the business of a law firm when they were in law school.
Like it or not, it’s a business in the sense that you have to pay the bills. Which is why I could never do it.
about 3 years ago
I blew it here folks. Please see additional comment below.
about 3 years ago
You mean above
about 3 years ago
There are a few more things they don’t teach lawyers in school, but maybe it’s not the purview of the academic institution to impart this knowledge on baby attorneys, maybe their mamas should have.
It’s not okay and it’s certainly not cool to treat support staff like scullery maids while fawning gratuitously over a senior partner.
I see it happen all the time among the young pups at the Mega Firm where I work. Yet most of the partners who know me will greet me like a fellow human being and some often engage me in conversation. Unlike a lot of legal secretaries, I care about my work and keep up with what’s going on in the legal world. But I digress.
As a young lawyer in a new firm, your secretary can be your best friend or your worst nightmare, depending on how you treat her and how competent she is. Just remember that.
about 3 years ago
Absolutely agree. I’ll have to be deprogrammed from doing my own administrative duties. Support staff are the oil in the wheel. Used to be one and have no desire to piss off my former field of work. Ya’all are gold to me.