Ah, the Wonders of the Law School Study Group

One of the staples of law school life is the study group. After all, what about a study group is not to like? Eight people, sitting in a circle facing each other, doing a sort of Socratic method Q and A with each other, in their best imitation of Mr. Chips. Everyone is surrounded by piles of paper everywhere. Spent beer cans and coffee cups abound, there are half-eaten pizzas at everyone’s feet. Some guy in a college sweatshirt is in the middle with one hand holding a casebook and his university Polo® wire-rim glasses in the other, while grasping a big clump of his hair in confusion. Bafflement is on everyone’s faces, and no one seems to have any clue what is going on in the next day’s class, or the class as a whole.

Ah, the One L study group. Isn’t it glorious? 

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The Most Important Thing to Do Before Law School Bar None

If you have the problem I had before I became a serious student—the sitting still five minutes problem I have been writing about—You need to do it exactly like I tell you. Unless there is something wrong with you, it will solve your sitting problem, and you will be able to do what law school requires. If there is something wrong with you and this doesn’t work, I am sorry. Withdraw from law school before the tuition refund rate starts going down.

My guru had been to law school, and at the time he was pursuing a Ph.D. A real smarty pants. He told me that he had the five-minute problem before he went to law school. Someone had told him what he was telling me.

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More Law Student ADD Therapy

Shortly after I finished my undergrad degree I somehow managed to get into the University of Chicago for graduate work. Looking back, I am not sure how this occurred.  Someone with authority got a little reckless, I think. But I digress.

When I got my acceptance letter from Chicago, I was thrilled. I thought “this is the greatest day of my life.” After all, it was the University of Chicago and that is where all the smart people like me go to grad school. Right? “Congratulations! You have been admitted. . .” That is what that letter said. It must be true. I called everybody. “Mom, I got into the University of Chicago. I must be a genius.”

What a joke. Nothing against the U of C. It was and is a great, great university. But, at the point I was at in my academic life, I can tell you that it was not good for me to get into that school. At least at the moment I got the letter. You see, I didn’t understand what had actually happened to me. I didn’t realize that I had just been accepted into a school that would totally expose me. The University of Chicago is the intellectual equivalent of a full body search at Leavenworth prison.  

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Law Students and ADD

I am guessing that a lot of the people reading this blog are a lot like I was after finishing my undergrad degree. I’ll bet that the real problem with a lot of you was the real problem with me before I went to law school.  It is not that you don’t know how to study. If you have the basic brainpower and can read, you can study. The problem for me was that I could study—read things carefully and thoroughly—but for no more than about five minutes. I am guessing that for many of you, your real problem is not that you can’t study. Your real problem is that you can’t sit still.


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The Reason to Love the Socratic Method

Sit in a law school class for very long and you will know there is good reason for One Ls to fear the Socratic method. I will grant that. Even so, if you think that the Socratic method should be abandoned because of its brutality, or that it is autocratic, or its Eurocentric, or whatever. . .you need to reevaluate that opinion. You are plainly wrong. Here is the great beauty of the method: Professors who practice it faithfully spend each class—an entire 50 minute or one and a half hour class—on one concept. Usually two cases, maybe three, all about the same concept.

Think about it: the poor jerk who actually slogged through real classes in college, and who ended up in med school—mom and dad were very proud—well that guy is sitting in advanced organic chemistry about now, and the professor is covering about 60 concepts a class at light speed, and our poor sap is going to be responsible for it all when exams come. You? One concept, maybe two a class.

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The Socratic Method: Up Close and Personal

Law school classes are typically built on the Socratic method. By now you probably know what that means: Everyday you go to class, and the professor calls out a name—presumably randomly—and that person is on the spot for the entire class. There is no way out. The professor then starts grilling that student about one concept—the key concept—in one lousy case that was in the assigned reading for the day. What proceeds is a brutal Q and A session on that case with the lucky student of the day, who, no matter how well prepared she is, will end up looking like a total moron.

At the end of this ritual sacrifice the bloody student stumbles out of the room with everyone else, who are grateful that today, at least, their number didn’t come up. That is the Socratic method in a nutshell.

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The Law School Workload

One thing about law school: If you have never had to digest large amounts of material before, you are going to have something to get used to. If you don’t keep up you will fall behind, and about five weeks before exams—when you should be doing your outlining—you will be in serious trouble.

Now that is the bad news. The good news is that, in fact, there isn’t that much reading to do. It seems like a lot to the ordinary One L, but that is only because the ordinary One L is soft. The ordinary One L skated through high school because, well, high school is easy to skate through if you are smart enough to eventually get into law school. College? Sheesh. There are very few truly demanding college programs anymore, unless you are in the hard sciences or engineering. But if you were in one of those programs, you probably aren’t reading this blog.

Most of us came to law school from the law school ticket degrees: Poli Sci, English, Sociology, Criminal Justice, or History. Frankly, unless you went to a handful of super-rigorous schools, you never really learned to read and digest anywhere near the amount of information you are going to take in during the One L year. But here’s another dirty little secret: it isn’t that much.

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The Conventional Law School Wisdom is Wrong

As I mentioned in my last blog post, most people that finished well behind me in my law school class worked a good deal harder than I did. My experience as a law student and as a teacher has led me to the opinion is that the reason most people end up in the middle is not primarily related to the amount of work that a person is willing to do. I think it is something else.

If you go to a law school orientation meeting at your school on how to be successful in law school, what are you told? The conventional wisdom about law school. This includes advice about reading your cases, briefing, outlining, and so on. And everyone that is in those workshops nods their heads and tries to implement that advice.

But consider this: if everyone is implementing the same conventions to succeed in law school, where is everyone going to end up? Where the conventions say they will: in the middle, along with everyone else.

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The Law School Curve

One of the most important reasons for the changing demographics in the legal market is that law schools figured out that the more One Ls a school washes out—by flunking them—after first year, the less tuition revenue it will receive in the second and third years.  It is much more financially prudent to pass students along and collect two more years of tuition. Let people finish their degrees and the let the job market sort out the ultimate winners and losers.

The result is that the real sorting happens in the job hunt that takes place in the Fall of the Two L year, after One L grades are in concrete, and then again during the Fall and Spring of third year, when the job search is on in earnest. Let’s be plain here: the top 30% or so of law students—the same students that would have been the only ones to survive law school in the past—are the ones that have the easiest time finding jobs. The bottom 70% struggle.

Now, of course we all know there are a host of factors other than rank that figure into the hiring process to some degree. Your personality matters. If you are obviously a jerk or a moron, it is going to be hard to get a job. If you have relatives that are lawyers or have solid connections to significant legal employers, that will certainly help. Can you interview? That makes a difference, of course. Miscellaneous other factors play a role, small and large. True enough. But say what you want, all other things being equal, the place you rank in the class is by far the most important factor in the job finding process.

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You Need to Beat the Curve to Get a Great Law Job

There was a day when graduating from law school was a sure­fire ticket to the upper-Middle class, if not the Country Club. The old model was demanding, but simple: survive the One L year—however hard it is—and then coast through the second and third years. The fact that law schools pumped out only very limited numbers of lawyers each year would ensure that most anyone would make a decent living, no matter where he or she finished in the class.

In the salad days of the legal profession, lawyer production from law schools was more regulated like it is now in medical schools. The medical profession strictly limits the number of med school entrants each year. The impact of this approach is that the supply of doctors is always well below the demand for medical services. Demand forces prices up, and so doctor’s salary levels are kept artificially high by this practice. All things being equal, if the medical world stopped placing severe limits on the number of doctors pumped out of universities and residency programs each year, you can bet the price of medical services would drop significantly.

Well, friends, I hate to be the one to tell you this, but unlike the medical field, the salad days in the legal profession are over. The fact of the matter is that these days you probably can’t make a great living out of law school unless you are in the top 30% of your law school class. You have to end up on the right side of the curve to get anywhere in the legal profession. Stay tuned. We are going to focus on how to do that.

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