What is it like to be a law student?
What is it like to be a law student? Exhausting. Exhilarating; humiliating;
intense; indescribable.
Imagine taking a plane to a new country, getting off the plane and finding out
that the natives speak a language you've never heard of before, and you're
starting school in that language tomorrow morning. Imagine that not only is it
a new language, but that the rules of logic, of argumentation, even of
courtesy are different from any you've ever heard of before. And know that
from the first 15 minutes in, you're being judged by your ability to perform
according to these unstated rules.
You generally have about 15 classroom hours each week, and you're told that
homework should take about three times as long; that's about 60 hours a week.
And after the first semester, that may be true; if you're really good at
picking up on each teacher's style and all the words you have to look up in
the dictionary, you may get it down to 60 or 80 hours a week halfway through
your first semester. But for the first month, expect to work 80 hours a week
and not to catch everything.
You read the case, and you go to class thinking you know what it said, and
your professor asks you something altogether different. I'll still never
forget that poor kid with a southern accent in first-year contracts. We had
just started a new chapter; the title of the chapter was "Mistake." And the
judge wrote an opinion about a mistake in a contract. The teacher walked into
class, settled herself, and said, "okay, let's talk about failure of
consideration." The country boy said, "but this is a mistake case!" And the
professor said, "When the client walks into your office, is he going to say 'I
have a mistake case here"? The case is whatever you can win it with." She then
went on to explain how if you argued it as a mistake case it was a loser, but
if you argued it as a failure of consideration case, you might win. Needless
to say we walked out in various degrees of confusion, frustration, depression,
and anger. If you can't even trust the table of contents, what can you trust?
That's law school.
And at the same time, it's not in English. "Should we grant a JNOV here?" You
don't know what a JNOV is; that's something you're going to learn in civil
procedure in three weeks; this is torts class, and you thought the topic was
negligence. And unless you're quick, you never will know what a JNOV is,
because when you're taught it in Civil Procedure, you'll be taught it in
English, and JNOV is the abbreviation of its name in Latin.
I am not making this up.
I am not making this up.
You will read a case, and the professor will ask, "how did this case get to
this court?" And you won't know, because it was never discussed anywhere in
the case. The professor's just reminding you that if you don't know everything
about a case, you can get blindsided by the judge.
Essentially, first-year professors see their job as to make us feel like a
fool so often and so publicly that you vow to look up everything and
understand everything and repeat everything so that you'll never be made to
feel like such a fool again as long as you live. And if you actually manage to
do that, you'll be a good lawyer.