Tuesday, July 26, 2011

What should I expect in law school?

Bridging the Gap Between College and Law School: What should I expect in law school?

First, it is impossible for me to tell you everything that you can expect in law school, so I will tell you what to expect during your first semester of law school. I will let you know how law school is taught and why. Second, I will recommend what you can do to prepare, or if you are already in law school, who to see out for assistance. Almost any lawyer will tell you there is no one thing you can do, no one book to read or college class to take to FULLY prepare you for law school, but I believe that even if you KNOW what is coming and what to expect, you can do a little bit to prepare and that will make a difference.

Unless you worked for a lawyer, have lawyers or judges in your family or took pre-law classes from practicing lawyers, you probably think that law school will be similar to college. Perhaps an extension of the work you did in undergraduate school or even in a master’s program. WRONG! Law school is a very different learning process. Yes, it is composed of reading and writing, but we are asking you think and process information in a way that is much different than you did in high school or college or any master program. We want to you solve problems in a very specific way.

The professor does not start class by saying, let’s look at a legal problem and solve it. Instead the professor simply begins by asking you about a case. A case is a legal problem that has been already solved by the court. The professor will ask you about the facts, what happened? What is the law in the case? What was the decision (who won)? Why? You may go into great detail about all of these parts of the case and then begin to talk about another case, perhaps a hypothetical that is not resolved. The facts will be different, but is the outcome different or the same? Why or why not? The professor will never tell you if you are giving the right answer or not, but simply continue to ask you or other students more questions. The professor will never say the answer is X or Y, but you will continue to be asked questions. This method of learning is called the Socratic Method, or more correctly, the Langdellian Method of teaching (named after Christopher Columbus Langdell, a past dean of Harvard Law). It is a method where you “dissect” a case, similar to “dissecting” a body in medical school, to learn about the parts of the case and how the court decided on the resolution. You are asked to dissect cases to discover the law and how it is applied. Again, you will not really know if you are right or wrong and this can be frustrating and confusing.

Also, you will not be tested until the end of the term. That means you will only have one exam at the end of three months. So there are limited opportunities for feedback. The reason for this is you need to know all of the aspects of contracts and all of the rules (not just a few) because a lawyer never knows what the client’s problem is. Using another medical analogy, similar to diagnosing an illness that doctors do, lawyers must be able to get the facts from their clients and “diagnose” the problem so that they know how to solve it.

Finally, since there are a lot of new legal terms that you might not be familiar with (such as proximate cause, constructive eviction, or Latin terms like res ipsa loquitor) you will spend quite a bit of time looking up new language in a legal dictionary and understanding the case. Simply reading a three page case may take over three hours.

So, the first semester of law school is usually frustrating, confusing and daunting. However, you should know that all of your colleagues are in the same situation as you. They are confused as well. You are not the only one. If you can read something recommended by your school before you start law school, do so. If you have already started law school, then seek out help. Participate in your school’s Academic Development or Academic Success or Academic Support Program. Reach out to upper-level students to get advice on reading for class, taking notes, and preparing for finals. Make an appointment with the Dean of Students or your faculty advisor to get advice on how to approach studying for classes. Certainly reading this information and seeking tips online will help you too, but don’t stop there.

Most importantly, keep up with your readings, seek out help when you need it and ask the professor questions after class or during office hours. You need to make certain you understand as much as possible so that you can prepare for that first set of law school exams. Now that you know some of what to expect in the first semester of law school and what to expect in class, I hope that you are excited to study law.

By Charlotte D. Taylor, Assistant Dean for Student Services, Touro Law Center and co-author of Bridging the Gap Between College and Law School: Strategies for Success (Carolina Academic Press 2001, 2009)

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