There is a lot of really bad law school advice that law students hear before,
and during law school.
Some of this bad advice may even come from practicing lawyers.
Today I will share my top 10 pieces of bad law school advice, and a bonus law fact on
the person that lost his case and yet sent flowers to the presiding judge
for the rest of his life.
Hello lawlings, this is Professor Beau Baez.
When you start telling people that you are going to law school, you will get some really
awful advice from lawyers, upper level students, and maybe even some judges.
I’ve collected ten of the worst pieces of bad law school advice and then explain why
you should ignore this bad advice.
And don’t forget to stay to the end for my new section, which I call bonus law fact.
Now, in no particular order, the bad advice.
1. Master every case by carefully reading every word.
Every day you might have six, ten, twelve long cases to read, and that’s not
including other assigned reading material.
While it may be possible to master all that required reading,
that will take up every waking moment.
Reading everything carefully, maybe several times, was effective in college because you
didn’t have that much to read.
But that strategy's not going to work in law school when you have 100 pages to read each night.
Law professors assign cases to help you understand the law,
not because the facts, in and of themselves, are important.
In fact, after you discuss a case in class you will never need to know the facts or procedure
from that case ever again—not for an exam and certainly not later in the practice of law.
Let me repeat this: you will not be tested on the facts from a case on your exams.
A case is a story that helps you understand some particular law—
we remember stories much longer than we remember some obscure law.
For example, over time you have probably forgotten the details in the childhood story of the
boy who cried wolf, but you likely recall the moral from that story:
if you ask someone for help when you don’t need it,
no one will come to your aid later when you really do need it.
So spending lots of time mastering a case is not a good use of your time.
You must balance your assigned reading with other important tasks,
like outlining and reviewing your notes.
My recommendation is that you read each case and don’t worry if you are a bit confused.
That’s normal.
You need to complete tasks that will help you succeed in law school, and that means
thinking about what will help you get top grades.
2. No need to attend every class or pay attention in class.
Really, don’t go to class?
The idea here is that you can learn the law by reading commercial study aids and completing
the assigned reading on your own.
But guess what?
When you attend class you get to know what your professor thinks is important,
and that will help you on exam day.
In my class, for example, I even go so far to say things like “this concept has appeared
on every final exam I have ever given.”
You're not going to get that unless you attend my class.
3. Spend all your time studying.
While law school will challenge your study habits,
you still need to make time for other things.
This is because the brain needs variety to keep at its optimal level.
You need to take breaks, including time for exercise, eating, sleeping, religious services,
and even some entertainment.
One of my students told me she was only sleeping four hours a night,
and that’s just not healthy.
4. Don’t Brief any cases.
You may not have time to brief every case, but you should brief most of them using the
FIRAC case briefing method.
There are two reasons for case briefing: one, it will help you prepare for class, and two,
and this is the more important reason, it will improve your exam writing skills.
FIRAC stands for facts, issue, rule, application, and conclusion, so by using this method you
will be writing in the style you need for your final exams.
I discuss FIRAC in detail in another video.
5. Don’t use study aids.
The key is to properly use study aids.
Many students think that study aids are a substitute for their own hard work in synthesizing
legal concepts, which is why you might be advised not to use them.
My recommendation is that you read a good study aid before reading your cases.
This creates what education experts call scaffolding, so that when you read cases you already
have a basic understanding of the material.
But be warned.
If you rely too much on study aids you will hurt yourself on exam day.
6. Creating your own outline is a waste of time.
In addition to commercial outlines, you might find outlines from the top students
who took the class in the prior year.
The purpose behind creating your own outlines is to help you understand the law better,
not to write the perfect outline.
I mean, frankly, the commercial outlines are pretty good.
Law school exams require you to use higher level thinking skills, which means applying
the law to a set of facts you’ve never seen before.
When you create your own outline you begin to see how concepts are connected to each other.
My recommendation is that you first write your own outline, then compare it
to a commercial outline, and finally revise your outline.
7. Wait till end of semester to prepare your outlines.
This is a huge mistake.
You should begin writing outlines from day one of law school.
There are several reasons for this.
First, we forget about 90% of what we study within 48 hours of first learning it.
By outlining, you reinforce your memory so you don’t forget it, moving it from short-term
to long-term memory.
Two, your brain needs time to make the connections between concepts.
If you wait till right before the final exam to begin your exam preparation, your brain
won’t have the time it needs to learn and make those connections.
Understanding the law just takes time.
8. Don’t take a law school prep program.
I’ve heard many people say that a law school prep program is a waste of time and money
because law school will teach you everything you need.
That’s just not true.
This is because law school is primarily a means for you to learn a new way of thinking,
and that takes time to develop.
Someone who takes a good law school prep program, and by that I mean one that teaches you the
new skills you will need in law school, they will have a huge advantage over those who
don’t take any program.
My recommendation is that you take a good skills-based law school prep program.
9. Don’t ask questions in class.
This advice is based on fear of appearing foolish in class, or having others think you
are a law school gunner.
As a law professor, I would rather that you ask questions instead of leaving class with
your questions unanswered.
Also, by asking questions you are keeping engaged, which helps you learn the law at
a deeper level.
10. Don’t ask questions if you're having problems.
Law school is not a solo event, but rather a team sport.
Yes, do the initial work by yourself.
But when you are stuck then get help.
Maybe from a classmate first, and then ultimately to your professor.
Now, for a bonus legal fact.
In the 1928 landmark case, Meinhard v. Salmon, a New York city real estate developer,
Walter Salmon lost a case against his former partner.
New York Chief Judge Benjamin Cardozo, later one of the most famous US Supreme Court Justices,
held that Salmon had to share the profits and losses in a new business venture
with his old partner.
In 1928 this was a huge blow to Salmon, as the United States was in the midst of the
greatest economic boom in its history.
But when the Great Depression hit ten months later, instead of having to share profits,
Salmon was able to force his old partner to share in the huge losses the project would
create for years.
Salmon was now so thrilled that he lost the case that he sent Justice Cardozo flowers
every year for the rest of his life on the anniversary of the case.
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