Category Archives: Law School

(Batman’s) advice for new law students, part VI: “always mind your surroundings”

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One common mistake of new law students is conclusory argumentation, as discussed in this post on avoiding “Monty Python” argumentation.  Another common mistake is incomplete analysis.  An essay answer might include analysis that scratches the surface but doesn’t explore deeper.  But it’s crucial to consider the strengths and weaknesses of any argument, and to explore valid counter-arguments.

Failure to consider and address valid counter-arguments may leave an essay answer on thin ice, as illustrated by Bruce Wayne in the movie Batman Begins. Below is a video showing Wayne (pre-Batman) being trained in combat by Henri Ducard, who later turns out to be the villain Ra’s al Ghul. Ducard/Ghul reminds Wayne to “always mind your surroundings.”  But Wayne, hoping for a quick and easy win, ignores the fragile ice below his feet, leading to an equally quick and humbling defeat.  At about 1:00 into the video the battle reaches its climax:

Wayne: Yield!
Ducard/Ghul: You haven’t beaten me.  You’ve sacrificed sure footing for a killing stroke.

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Abe Lincoln, lawyer

By 1 commentLaw School

Some other comments on Lincoln.  This week, a Civ Pro profs listserve distributed the text of notes apparently prepared by Lincoln for a lecture at the Ohio State & Union Law School in Cleveland in 1856. Many of Lincoln’s observations are as timely today as they were over 150 years ago.  Below, I add headings; also, the order of the paragraphs is rearranged and some paragraphs are combined into single paragraphs to correspond to their relevant heading.

Lincoln on Humility and Success

I am not an accomplished lawyer. I find quite as much material for a lecture in those points wherein I have failed, as in those wherein I have been moderately successful.

Lincoln on Lawyers and their Image of Dishonesty

There is a vague popular belief that lawyers are necessarily dishonest. I say vague, because when we consider to what extent confidence and honors are reposed in and conferred upon lawyers by the people, it appears improbable that their impression of dishonesty is very distinct and vivid. Yet the impression is common, almost universal. Let no young man choosing the law for a calling for a moment yield to the popular belief — resolve to be honest at all events; and if in your own judgment you cannot be an honest lawyer, resolve to be honest without being a lawyer. Choose some other occupation, rather than one in the choosing of which you do, in advance, consent to be a knave.

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Advice for new law students, part V: avoid Monty Python “Yes it is!, No it isn’t!” argumentation

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When engaging in legal analysis, avoid being conclusory.  As I tell my 1Ls, always follow the advice of Dorothy from the song Follow the Yellow-Brick Road (emphasis added): If ever, oh ever, a Wiz there was the Wizard of Oz is one because Because, because, because, because, because Because of the wonderful things he does. […]

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Advice for new law students, part IV: essay exams

By 4 commentsLaw School,

Understandably, new law students stress over how to write essay exams.  In my Civil Procedure class, I run multiple review sessions including an essay exam writing workshop.  For the workshop, I hand out tips and techniques on doing Civ Pro essay exams in my class.  Although the materials below are geared towards Civil Procedure and my class in particular, some may have relevance to other first-year classes.  Keep in mind that other professors may have differing expectations, so the suggestions below may not be applicable to your class.

Substantive considerations:

Argue the facts presented. A common error on essay exams is failing to argue the facts provided.  Sometimes I see relevant facts omitted from the discussion.  Other times, students change facts or invent facts that aren’t in the exam.  Sometimes this is because students don’t want to discuss the issues presented. You can’t do that.  However, if you believe that additional facts are needed for your analysis, state what those facts are how they would affect your analysis.

Focus on the issues raised. Do not raise irrelevant issues.  Use your judgment as to the main issues that are likely to be worth more points.  Minor issues are likely to be worth fewer or no points.  You get no points for “negative issue-spotting.”

Do not be conclusory. Always be Dorothy from The Wizard of Oz, i.e., provide the “because, because, because.”  (Think of the lyrics to “We’re Off to See the Wizard.”)  If you state a conclusion without indicating (in that sentence or surrounding sentences) “why” or “because,” then you’re probably being conclusory.  Conclusory is bad.

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