Advice, tips and musings regarding law school and life post graduation from a former USDOJ trial lawyer (and guest bloggers). Opinions posted are those of the individual bloggers.
As I've indicated on many occasions here, and on Twitter, I am a big proponent of students participating in both substantive and social activities in a local bar association. Cliche though it may be. . "if you want to fish, go where the fish are" certainly applies to law students vis-a-vis local bar association participation.
One way that a law student can benefit from a local bar association is by the taking of a "practice area specific" Continuing Legal Education program. . . . How's that work? . . .
. . .Say, that you have always had an interest in Environmental Law (just using this as an example. Substitute your area of interest here) and would love to get an internship in that area either this coming summer, or the next. But, you have never taken a course in this area, or those courses are not yet open to you at the moment. What can you do to become "resume ready?"
Look around to your local bar associations (both city and state) to see if there is a CLE available in Environmental Law (if you are lucky, the bar association in your jurisdiction will not charge a fee to students for enrolling. If they do, you bit the bullet and pay). Take the course, then put it into the "Education" heading of your resume. Now you have the experience that you need. Plus, it will set up your cover letter perfectly:
..... as you can see from my resume, I have a distinct interest in Environmental Law and have already taken a substantive course in this area. . . .
If I'm an employer reading that letter and reviewing the attached resume, I see a law student who has gone above and beyond what is required. . I would want to hire such a student!
Maybe it doesn't always work out like that, however, students still needs to think "out of the box" and figure out ways to distinguish and separate themselves from other students.
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It's not only the substantive programming, but the socializing that would also be important to law students. Go to the meetings of the Environmental Law group. When the bar has an "event" say a golf outing, why not volunteer to help drive the carts, set up and "man" (or woman) a stand. How about being a caddie? You might even be able to finance your way through law school, right? . . take a look and see how it's done:
Then again, probably not.
But the real point is that -- through participation and activity in a local bar association -- and its many events, a law student can also put him/herself in proximity to the very lawyers that can either provide a summer job experience, or know someone who can.
Keep the bar association in mind, to sharpen your resume through CLE participation, or to get the "lay of the land" for your next job.
The first of the "Long Distance Runner" blog articles The Loneliness of the Long Distance Law Student: Do Study Groups Work Or Not - Your Call was a discussion regarding whether law students should go "solo" in their studying while in law school. In this article, I give you my thoughts on what is needed to take on the practice of law as a solo practitioner.
The current hiring "crisis" has seen more law student graduates going the solo route because they have been unable to find employment, even after having passed the bar. With loans to pay and the longing to get into the fray, graduates have turned to opening their own offices in growing numbers.However, I don't want to focus on the client side (and how to increase), but on the . . well, "loneliness" side of being a solo practitioner.
I started my law practice rather late in my career. I had already been (in this order): an Assistant District attorney; an associate in a Wall Street law firm; an associate in a high volume Washington, D.C. Insurance Defense firm; an Assistant with the US Department of Justice, Civil Rights Division and finally an associate with a DuPont Circle,Washington, DC boutique Criminal Law firm before I went solo.
When I started my firm, I shared office space with a dear friend who, as a very successful personal injury attorney, spent little time in the office. Since I was quite familiar with the first commandment of being a solo practitioner: Thou shall keep your "nut' low. . .. very low. . I had no secretary, paralegal, I was truly "solo." Therefore, for most of the day, I had his entire office all to myself. It was a dream come true -- or was it?
I was alone, very alone. . . all day long . . alone.
At first I thought that this was great. I could meet with new clients in solitude and never have any distractions. But I soon learned that collegiality and camaraderie is a very important part of the legal profession. When I was an ADA and a prosecutor with DOJ, all I had to do to get feedback or ideas on one of my cases was to simply slip into another attorneys office, grab a chair and start chatting. I always left the office a better lawyer with more information that I had when I entered. Same thing when I worked in a big law firm.
No lawyer can practice law as an island.
Always stay keyed into your legal community as a solo:
Remain Active in Bar Organizations: both state and local. Also, remain active in specialty bars. One of the best experiences that I had as a solo practitioner was to part of The Hispanic Bar of Maryland. It was here that I was able to meet all the judges in the county in see them out of the courtroom in different social settings . .everything from social gathers to actually interviewing with the organization to gain support as they sought their judgeships. Priceless. .
Hone Your Lawyer Skills - through CLE's (here's that bar association "thing" again), and organizations like Inns of Court where you can participate in "moot court" competitions with the very judges that you see on a daily basis - and don't forget the morning or lunch "brow bag lunches" that will keep you on your toes with the latest legal trends in your county and state;
Continue to Run Cases By Colleagues -- in my view, this is invaluable. If you can longer -- as a solo-- run into a colleagues office next door, then pick up the phone, walk down the hall. . whatever it takes. I remember that the best way as a solo that I had to discuss cases and bounce ideas off colleagues was while I was in court . . waiting for the call of the docket. That's a great time for lawyers to socialize and yes, gossip. So take advantage and use this time wisely;
Visit the Websites of local and state bars on a regular basis - a great way to keep up on events in your practicing area;
Have an online legal research tool -- I could never afford Lexis-Nexis or other major online legal research service, but a solo can always find an inexpensive version that will give you exactly what you need (as a criminal lawyer, I really only need the state opinions. I would pay a little extra if I needed a federal case, but it was never too much). You can also find the same services at your bar libraries, often for free.
Participate in local and state related Community Service Events - I would always do the "legal advise" events that would usually be on a weekend at the local courts. I even did a telephone advise forum for a local television station. A good way to meet lawyers and perhaps clients.
Volunteer, Volunteer, Volunteer - did I say that volunteering was a good way to stay connected to lawyers (and new clients!) when you are a solo.
You can choose to be be a solo practitioner. . but never choose to do it. . alone!
The moment of truth has either arrived, or will shortly. . . . Grades.
Law students have worked from August through December to show their professors that they have mastered the course material. Some had previewed their success (or lack thereof) with a mid term, others have had only one shot at it -- the final exam. . . The "one and done" event for all students. The moment of truth is arriving. . The clock is ticking. . .
(. . . yeah, yeah, you get it. I need to stop the melodrama, right? )
Let me impart some thoughts for consideration, depending on how the grade thing turns out for you:
If you have done well. . . I mean really well. . . like Law Review well. . . I congratulate you! Well done! As for your study patterns -- "if it ain't broke, don't fix." The one thing that I would advise students to consider if their sole focus to date has been on grades, is to expand their horizons now and consider joining law school groups, clinics, moot court, and making contact with real lawyers by participating in bar association events and CLE's . . Spread your wings and start to appear well rounded during your law school career. . . That's what you are going to do when you are in practice, right?
You did "well" but not up to your previous academic standards. . First, normalize your breathing and start with the positive. . . . You did well. . . . you did well. As with any job and work venture, there is a period of adjustment. That is certainly the case for 1Ls starting law school. If your grades are "alright" in your view, but do not compare with what you have done in the past, then remember that the adjustment period is now over and it's now your time to "soar." Consider some "tweaks" to your study habits and patterns, but just know that you are really on your way. Be more positive than negative. Much of law school, in my view, is about attitude. Stay positive and know that, at the end of the year, your GPA should be getting back to what you are used to. That is your goal.
You did not do well. Period. . . Do not, under any circumstances, become despondent. No meltdowns. No bad and/or harmful thoughts (no melodrama here, I just know that this is serious business). You can do this -- remember, you got into law school. Many administrator, friends, family (not to mention your own internal feelings) thought that you could do this -- and for most, that's true. Time for some self-reflection:What went wrong? Was it my study habits and motivation? Was I truly disciplined? Did I really want this? Did I work hard enough? . . . Talk with your professors in the courses in which you did not do well. . Review the exam. . What happened? . . Was it your writing? Analytical skills? . . Multiple choice selections? . . Get a new plan in place for the second semester. One that includes study pattern changes (i.e. if you were studying alone, see if you can get into a study group, or have a regular partner). Change your course outlining pattens and routine for weekday and weekend study? As exams approach, are you doing practice exams? How about more after hour face time with professors and teaching aids? Mix it up? What needs changing? You can do this.
Finally, I hate to go here, but I must. For a very small population, law school is just not the place to be. Do not hang your head. You made a noble effort and should be commended. Consider cutting your losses -- don't continue racking up bills if this is simply not your cup of tea.
So there you have. stay true to who you are -- no matter which of the bullet points applies to you. Every journey is exciting with many ups and downs. Remember this after it is all over and you are standing before the judge to get sworn in and start your career.
Is there another group in which you came in that doesn't appear above? Please comment and let me know.
"Civility" basically means being polite. In court, it is a little more than that --it is a requirement. ABA Model Rules, Rule of
Professional Conduct 3.5 states that lawyers may not "engage in conduct
intended to disrupt a tribunal," with related commentary saying that
lawyers and judges alike can "preserve professional integrity by patient
firmness no less effectively than by belligerence or theatrics."
All well and good, but what does civility look like in a "competitive" profession like lawyering? The problem with our profession in general, and being a trial lawyer, specifically, is that it is very much like being a professional athlete -- you get hired (re-hired) if you WIN! . . . Talk about pressure. How can I be civil and cordial in a profession where clients expect you to look like a pit bull?
Recently, one of my blog posts contained some "funny" anecdotes about lawyers being "bad" ( Litigation: It Doesn't Always Go As Planned ) to make a point about how a trial/discovery doesn't always go as planned. However, the article does not condone the actions of some of the lawyers. Civility (and the current lack of it in our legal system) is serious business and, in my view, a reflection of society as a whole.
Speaking of analogies to professional athletes, when I was in high school (and college, too), I was fortunate to have played some serious competitive tennis. After graduation from college, I continued to play competitive "club" tennis that took me to many tournaments throughout the East Coast. From time to time, I played against Australians. I loved playing the Aussies -- win or lose.I always found them to be extremely tough competitors who always left it all on the court. Afterwards however, win or lose, they were usually quite magnanimous and often would have a "Foster's" with you. .
They were in my view, BOTH competitors and class acts. Something that's worth striving for as a practicing attorney.
While I can't ever remember having a Foster's with my adversary as a trial lawyer, I did have many friends who were on the "dark side" (that's the "other" side, from wherever you are now!) and frequently socialized with them outside of court. I always tried to be cordial and professional -- to the point that it once cost me a very big client who thought that I was a bit too "chummy" with the prosecutor in his case when I was a criminal defense lawyer. This particular client didn't believe that -- like the Australians on the tennis court -- lawyers could be cordial with the very same lawyers that they saw on the other side in court (hey, it was his case -- he could do whatever he wanted to. That is the right of every client!).
P.S. the new attorney that he hired fared worse when it came to "plea time" in his totally un-winnable case than I would have, given the deal that I was working on with the prosecutor at the time of my dismissal.
. . . . Where am I going here?
On Twitter, I have been known to say that "if you're a snarky law student, chances are you will "grow up" to be a snarky lawyer. . . . Patterns of behavior are learned in law school and are rarely forgotten. Accordingly, start learning about professionalism and civility in law school. You'll have it down pat by the time you pass the bar exam. So why not practice civility in law school? How?
Some thoughts on civility in law school:
Law students have done "zero"
to this point in their legal careers. Don't cop an attitude and act like you have;
Curb the "sense of
entitlement" stuff (see, prior bullet point). Be grateful in all
that happens to you;
Respond to emails in a timely fashion
(especially if from law school professors and administrators (see first bullet
point again). It's not like Facebook. . it's time to be professional;
If you make an appointment, keep it. If
you can't, contact the person BEFORE the starting time of the meeting (a
particular pet peeve of mine, if you can't tell);
Don't . . don't talk about a fellow
student with whom you have a gripe to a professor or administrator before
speaking to the student him/herself about the problem. I see this all the time with students working in organizations when there is a professor sponsor;
Do not write and/or appropriate anything without rendering
due credit for it during your time in law school (it's called plagiarism). Even be careful if someone else gives you "permission" to copy. Ask: Does it pass the "smell" test? . . . This goes well beyond being rude, it is a dark mark on your professional integrity. This one
will surely come back to do considerable harm to your legal career should you
do as a lawyer;
Do
not fabricate an excuse for not having done something to get out the consequences for inaction. -- remember that “lying” will get
easier and easier when you become a lawyer -- so much so that you will eventually not even know that you
are doing it. If you play "fast and loose" with a judge, it will come
back to "bite" you and your professional reputation. .. . I've seen it too many times
Always
be “fair” in your dealings with your law school colleagues. Never do an “end
around” to place yourself unfairly in a better position (you'll know it when you see it). By the way, your law
school colleagues may very well be of great assistance to you in looking for a
job in the future. They will become part of your network . . . you never know!
Never
belittle, get personal, or use profanity against anyone. Always show respect for
others. You're not a better lawyer if you demonstrate a better use of profanities
than your adversary. Oh, and please forget how lawyers are portrayed on television and in the movies! Most every TV lawyer would face bar counsel if their shenanigans were played out in the "real" legal world;
Do
what you say you are going to do. Be a person of your word. (again, the line where civility crosses professionalism). That includes completely assignments in a
timely fashion. If you don’t do things in a timely manner in law school, you
will most certainly become a lawyer that misses discovery deadlines, or -- in the worse case – misses a statute of limitations deadline (the kiss of death for any lawyer);
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Your professional reputation starts the moment that you first walk into your law school building. Starting to work on civility while in law school may be the very thing to keep your future law practice in order, rather than seeing it get "out of order" very quickly
