LETTER TO A YOUNG LAW STUDENT*


Professor Corinne Cooper +
University of Missouri - Kansas City School of Law
lasulaws, equity law firm , letter
Credit: www.123rf.com

 
I sit down today to write you a letter to read before you start law school.  I know that you are filled with grand anticipation and a little dread.  It's a natural reaction.  I hope that I will be able to assuage some of your concern, and to help you get a good night's sleep.  Please know, however, that after eighteen years (twenty-one if you count my years as a student) in law school, I still cannot sleep the night before fall classes start.  When that edge of anticipation is gone, I suppose I'll know that it's time to retire.
I am hard pressed to know where to begin in my advice to you.  My perspective on the process of legal education is skewed by the years I've spent immersed in it.  Perhaps an outsider could explain the process better. Perhaps I no longer remember what it is like to be a first-year student.  I may have very little of value to offer you.
But I cannot resist the temptation to pass along the insights that I have developed over the years, however out of touch with your experience they may prove to be.  Think of me as an anthropologist, reciting my findings on a tribe I've observed for many years, of which I was once a member, but whom I no longer fully live among.
  What I know is what it is like to be a first-year law professor.  After watching the process for many years, in many different places, I've observed that law school involves three circles  the education that takes place within you, the education you share with your peers, and the education you experience with the faculty.  I present them here in reverse order of importance.

 I.   The Faculty

 You will come to law school expecting the faculty to be the most important part of the education experience.  We are not.  At most, the law faculty will help you to create a useful structure within which self-teaching takes place.  At worst, the faculty will get in the way of your learning.  Your job is to keep your eye on the ball: you are in law school to learn to teach yourself the skills that you will need for the rest of your professional career.  Do not assume that the faculty will teach you how to practice law.  It is not our job, and we could not possibly anticipate the substantive knowledge or skills you will need during the next forty years (much of that law doesn't even exist yet).  What the faculty will do is teach you a language and a structure for your thinking, and some skills that you will apply, both in law school and after, largely on your own.
Given the intensity of the law school educational process, you may be tempted to spend inordinate energy focusing on your professors: what they wear, how they act, how much you hate them, whatever.  But this is largely a waste of your time.  Each of these people has something to offer you and you are there to figure out what that is.
I am not talking only about the obvious substantive subject matter that they convey; I am talking about their communication skills (or absence thereof), their logic (ditto), their linear or non-linear thinking.  They are members of the tribe you seek to join, its High Priests in Charge of Initiation Rites.  You are there to observe and absorb these rites.  By definition, their quirks and rituals cannot be wholly irrelevant to your quest.  But unless you become a professor, these relationships will not inform your future career.  Observe them, learn from them, and do not let them get to you.
At most, one-third of what you learn in law school will be learned from your professors. (I go up and down on this number; it bottoms out at twenty percent).  So don't spend a lot of time getting into the cult of personality.  You are there to learn what these people have to offer. Some will pass along the secrets of the Temple, and you will not even know it until years later.  The law professor who influenced me most taught Securities Law, which I have never practiced.  My least effective professor taught Contracts (which I teach), yet he has had a profound impact on my teaching, as I learned a great deal about bad technique from him.  Subject matter does not count for all that much in this part of the learning process.  I am best known as a teacher and scholar of the Uniform Commercial Code; I took that class pass-fail. I learned an enormous amount from a professor I fought with constantly.  He is now a colleague and friend, and was instrumental in beginning my teaching career.
Although the introduction that you get to substantive law in your classes is essential in the short run, what is really important is the introduction and indoctrination that you get in legal thinking.  This critical analysis process will remain with you long after your grasp of the Rule against Perpetuities has faded.  You are learning to be a legal thinker, one who, in the long span of a career, will be largely self-taught.

A. The Socratic Method

The rigor and aggressiveness of the pedagogy is intimidating to some. Many modern teachers have fallen away from the rigid, Kingsfieldian approach to the Socratic Method, on the grounds that learning cannot take place in an atmosphere of abject fear.  I agree with this conclusion, but only to a degree.  First, I expect a great deal of my students, and I want them to expect a great deal from themselves.  If I set the bar too low, how will they learn the great accomplishments of which they are capable?  Some, surely, will experience failure in this environment, but everyone will achieve more than if the bar is set too low.  Anyway, failure is a necessary part of the learning process for lawyers; losing is a regular part of professional life.
Second, I remember the words of Philip Levine a poet and teacher. He was asked once why he had been described by a student as "the cruellest teacher ever."  He replied, "I am the only person in the room paid to tell the truth."   I feel that way too, and so I do not hold back criticism of thinking that is shallow or lazy.  This is not only for the benefit of the student, but also on behalf of the profession, and the clients who will be served by that future lawyer.

This is different from disagreeing with opinions -- beware of teachers who try to convince you of the correctness of their personal opinions.  Respect a teacher who is willing to challenge you intellectually in order to assure that real learning takes place.

B. The Ugly Little Secret

There is one other thing that I hesitate to mention, but it is a fact of law school life.  Your professors are not trained to be educators.  We got here mostly by being good law students, not because we have any background in higher education theory.  This is true of most of graduate school, but it is even worse for law professors, because very few of us go through the traditional doctoral level educational system where one apprentices under a professor who may actually know something about education.
As a result, most elementary school teachers have a stronger background in educational theory than do law professors.  This means that our techniques may seem counterproductive, awkward, or ineffective at times. Nevertheless, this system is oddly effective at producing the product that the legal profession demands.  If you will, this initiation process is quite effective at delivering appropriate members into the tribe.  It rewards people who are good at teaching themselves, since that is what most lawyers spend their careers doing.  It develops a thick-skinned debating style, which makes lawyers both successful and disparaged in their professional lives.  It makes being a lawyer seem hard and magical, and this helps to inflate the value of the professional knowledge, both inside and outside the system.

II. The Students

Your most important educational experience in law school will be with other students.  You will learn more from them than from your teachers.  Relationships forged in law school are like those forged in war: what you share with these people is unlike any experience any of you have had before.
Members of your profession–your professors, but, more importantly, your classmates–are your colleagues, and will be with you for the rest of your career.  This is the beginning of your entire professional life, and it will not end until the day that you retire.  It is worth your while to spend some time thinking about your professional life and how you wish to be perceived.
This is the beginning of a life-long game, played throughout the profession, of "What Goes Around, Comes Around."  If you dislike or distrust someone in law school, it will be hard to forget that impression in later years.  I do not think that students fully understand this. [14]  Start off behaving in a manner that is consistent with the kind of lawyer you hope to be.
It is important to respect your colleagues for another reason: you will learn an enormous amount from them.  I learned more from my peers in law school than I did from my professors, and that is not unusual.
You learn from your classmates by listening to them in class, by observing their mistakes, by arguing points with them.  This is not just in law school.  The practice of law involves an enormous amount of this kind of give and take among lawyers, those on the same team and those across the table.
Students come to law school from different backgrounds and experiences and some have a better intuitive understanding of legal education.  These different perspectives will help to broaden yours, and to sharpen your understanding of the analytic process that is taking place not only in your mind, but in the minds of your colleagues and professors.  Eventually, this will give you insight into the thinking of your clients, your adversaries, the judge and jury.  Effective persuasion requires that you have insight into and respect for other opinions and perspectives.
In addition to providing insight, your classmates are a ready-made educational think tank.  Gather people with whom you feel comfortable and begin to study and review your classes together. How much of this you can tolerate is a function of your stress level and your learning style, but I always encourage my students to spend some time working in groups. Someone should be challenging your thinking besides your professors.

B. Competition

One of the hardest things to accept about law school is that everyone has been a good student, or a success of some kind, before arriving.  If law school were pass-fail, or if there were no exams at all, then a new ranking of those students would not have to take place, and everyone could leave law school with the same sense of accomplishment that they have when they get the acceptance letter.
The job market will not allow this, and so a hierarchy is created in law school.  People who graduated near the top of their undergraduate classes may find themselves planted firmly in the middle, and that can be a painful experience.  Everyone cannot be at the top of the class, but you can take advantage of the opportunities available to improve your chances in the job market.
How you react to this competition is an important factor in how you will behave as a lawyer.  Let it motivate you, and spur you on, as good athletic competition can.  Do not let it scare or anger you.  Each class develops its own sense of competition; some become very supportive communities and others are schools of sharks.  It only takes one or two people to set the tone for the entire group.[20]
Cutthroat competition is not good for anyone, and it leads to behaviour that degrades the profession and makes practice a nightmare.  A cooperative attitude toward your peers can create a positive pattern for the future.  It is easy to say, "I need this now, and later will be different."  But everything you are doing now is a part of your socialization process.  Even if you don't get caught up in the competition, you will need to address it when you observe it in others.
To be continued.................. You can also visit elflasu.blogspot.com for the complete version but a paper copy of it would be made available in subsequent meetings.

Equity like nature does nothing in vain.


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