Monday, February 8, 2021

Help Wanted (Lawyer Edition)

More than a few barristers read this website.  With that in mind, this post asks for their help.  A friend is enduring the first year of law school out of state.  Since y'all have been in the real world for more than a few years, what classes do you recommend for the second and third years of law school? Y'all are the ones who've had to go before the judges, write the briefs, and put up with troublesome clients.  What advice would you give for someone planning those formative years?  Serious comments only.  The facetious ones won't be approved. ;-)  Any advice is much appreciated.  Comment away. 

56 comments:

Anonymous said...

My favorite course was Trial Practice, taught by Justices Ishee and Griffis. If your friend thinks for a second he/she may end up in a courtroom, I cannot recommend it enough.

Anonymous said...

If you are planning to go into litigation, you really need to take pre-trial practice.

Anonymous said...

Would also recommend taking Professor Campbell for Property and/or Ethics. Just looked at the faculty list, and he's the best professor still on staff, with Professor Anderson being the second best.

Anonymous said...

If this doesn't make it, I understand. While not a Lawyer, in LE and in Court Rooms frequently, I agree with #'s 1 & 2. There are times I feel I'm part of the movie Legally Blonde listening to some young grads.

Anonymous said...

Externships

Anonymous said...

The curriculum is hopelessly secondary to actual experience. Getting connected to, and clerking (even for free) with a general practitioner located in the area of the law school is more valuable than any class or classes taught at the law school. There is no overestimating the value of OJT. Dealing directly with clients, drafting pleadings, answering discovery, interacting with clerk's offices/court personnel, watching how a practice is handled, feeling the genuine pressure of deadlines, interacting with lawyers on the other side, observing how to set client expectations .... the list goes on and on. So much more valuable than classroom instruction.

Anonymous said...

Trial Practice. Anything Pat Bennett (Dean Bennett) teaches.

Anonymous said...

10:23 How do you know where this friend is in school?

On the main question: I'm not sure exactly which specific courses matter that much. Maybe a little, but not much. I found that I learned most of what I know from law school when I studied for the bar exam (and other friends in school with me agree.) Law school is so much theory, and so little practical, that most people comment they really knew very little about the practice of law until they started actually doing it. Unlike medical school or other similar studies, law school teaches you more how to figure it out, and less about how to do it.

Anonymous said...

With your friend being out of state, classes directed toward MS practice are out.

Trial practice and pre-trial practice were very helpful. Stick with broad concepts rather than niche areas.

Take a realistic evaluation of job prospects. Don't waste time with classes that aren't compatible with your goals. For example, an entire class devoted to the 1st Amendment was useless to my journey. Oil and Gas wasn't much better. Sports law sounds interesting, but how many lawyers make their living with sports law in MS?

Anonymous said...

10:56 - good advice.

Intellectual property will continue to be a legal issue. IP and cyber issues is what I would study.

Anonymous said...

As an adjunct law professor and attorney with 30+ years of real world experience, I second the recommendations for trial practice, pre-trial practice, and the like. Substantive classes are great if you know you are going to practice in that area, but the law changes everyday. Law school teaches you (or is supposed to anyway) how to look up the law and apply it to the facts. Like another poster said, that Sports Law class looks interesting, but in reality you probably aren't going to use it. Stick with the practical classes. You can look up the law, but the practical classes are what you need to succeed out there in today's world.

Anonymous said...

I am not an attorney, but as a person who has used a lawyer, I think I could add perspective to this conversation. I would highly recommend some business and or communication classes. After using attorneys (never thought I would have to,) two did not have a bedside manner. I was shocked! Could not believe that a pro could not communicate with laymen, general public. I would think one's education should directly correspond with their career choices. If you plan on hanging a shingle out, you must be able to deal with the GP. Two of my attorneys were excellent communicators, very helpful and I would hire again. I am reasonably intelligent and just felt that one attorney was in a rush, did not have my best interests at heart and took the easy way out. The other attorney made me question whether or not he wanted my business. I have never sued anyone, this previous experience was from a very complicated estate inheritance and one other closing of an estate of of loved one. Sometimes, the general public is a pain in the ass, but, like any other profession, your customers should come first. GEEZ, I still have to send back a stimulus check for a loved one who has passed. What a pain it is to close an estate out!

Anonymous said...

I agree with pre-trial and trial practice course recommendations, and would add counseling and negotiations to the list if there is any interest in litigation. Also, I very much agree with the recommendation to clerk for a lawyer or firm after the first year. I learned a lot more about the practice of law from clerking than I did from law school after the first year.

Anonymous said...

Trial practice classes. A federal or state court level externship with a prosecutor or public defender office. Definitely take bankruptcy (it appears on the bar exam). I would also take some type of real property law (above the first year level) as it gives you some practical knowledge. Also, federal taxation and business law.

Anonymous said...

If you plan on going straight out and hanging a shingle, take as many trial practice classes as you can. But for almost every other career path, take what you like, get good marks, and get onto law review/moot court. Get as much writing practice as you can either through journals or classes.

Depending on class rank/school location/school prestige, find some intern/externships. If you're mid-pack at an unranked school in a metropolitan area (ahem, MC), you can work during the school year. This adds a lot to your contact list as well as your job prospects.

Also, if you're staying local to your school, take classes with local adjuncts.

The reality is that very few law students understand what their career will really look like. You'll find that there are a shocking number of lawyers leading companies, working in non-legal areas, and generally doing things that are far outside of the kind of education you'll receive in law school. I doubt many of those lawyers envisioned being outside of a law firm or courtroom when they started their 1L year.

Improve your writing, make connections, boost your resume, and try not to kill yourself. Nothing you take in law school is going to make or break your career.

Anonymous said...

10:44 said it all.

It's the analysis. Period. The reason folks go through law school and have a tough time with the Bar exam is b/c it's not about "learning" stuff. It's about thinking like a lawyer, i.e., the analysis.

To that end I encourage taking classes from the smartest, most pain in the a$$ professors. For me, that was the late great George C. "Crazy George" Cochran. He demanded lots from his students. He gave them lots. Not everybody appreciated how good what he gave was.

It looked like he was making us "memorize" cases. What he was really doing was teaching us how to think. We had to know the cases to do the analysis but his genius was challenging us. Yeah, he was a dysfunctional pain . . . I owe him more than I can repay.

Anonymous said...

Most classes don't give any practical experience, only foundational ideas.

Prof. Steffey at MC had good advice. Your grades after first year are an indicator of how well you might do on the bar exam.

If you don't do good your first year, like bottom 50%, then you need to stick primarily to classes that are on the bar exam. Treat 2nd and 3rd year as bar prep. Conversely, if you're in the top 10% after first year, take what you want.

Anonymous said...

For those commenters who launched into recommending professors at Mississippi law schools, I have to say--read the damn question before you answer it! (Didn't all those law school exams teach you at least that much?!) The original post clearly states that the student is attending a law school OUT OF STATE.

I've been in practice 33+ years. The student should make note of the substantive law topics on the bar exam he/she intends to take and be sure to include courses in those areas. The student should take whatever practical skills courses his/her law school offers. A civil procedure course beyond the first-year requirement would be good. A basic tax law class is an important elective if not required as a part of the core curriculum. Since written communication is so much of what we do, I recommend a legal writing course (if available) beyond the basic first-year requirement. And, if the above-noted commenters are any indication, maybe a reading comprehension course should be required.

Anonymous said...

Actually classes are of little importance in the long run. The goal should be securing a job right after taking the bar exam.

I had friends who barely skimmed by in law school and got great jobs at firms because they worked there after every semester; they knew people. I also had friends who graduated in the top 20% and never interned or knew a soul. The "C's get degrees" folks got jobs faster than the top 20% group (for the most part).

My recommendation: network early and often. Grades are of some importance, but it's not what you know, it's who you know.

Anonymous said...

Take worker's comp and family law. Those cases tend to wander in off the streets. Get a good foundation in evidence and damages (if they offer a class on damages). Stay away from BS like international law and most anything with the word "theory" in it.

The world is going away from trials. Alternative Dispute Resolution and administrative law are solid choices.

Anonymous said...

Whether barrister or solicitor, the two courses that cover issues that will come up most often are Ethics and Legal Writing. If you missed Accounting courses in college, then definitely take Accounting for Lawyers (or whatever it's called where you are).

Beyond that, 2L and 3L courses ought to include IP and Admin Law. Maybe Negotiation.

Anonymous said...

Lots of great comments. I agree with the trial practice and pre-trial practice recommendations. To me, pre-trial practice is kind of like advanced Civ. Pro. Also, evidence is absolutely critical; learn as much about it as possible. I also recommend advanced appellate advocacy/moot court and a judicial clerkship after graduation, if at all possible. Writing is a skill that must be practiced to be developed, like any other.

Seek to learn how to take a case from the filing of the complaint all the way through appeal, while anticipating evidentiary issues.

Most of all, I would encourage anyone to not limit themselves by what they think will do for the rest of their lives. I know one excellent litigator who never thought he would see the inside of a courtroom, and just wanted to draft wills and trusts. Most of his practice is now estate litigation, and he has done very well, but he had to learn a lot the hard way. Personally, I never thought I'd see the inside of a chancery courtroom . . .

The time will come to live in the "real world." For now, take the classes that interest you, in addition to the fundamentals. In my opinion, there's no such thing as useless knowledge. What you are really doing is learning how to learn. Don't shortchange your education by trying to live like a practicing attorney before you even graduate.

The fear of not getting a job after graduation seems to drive some people to box themselves into career paths that turn out to be unfulfilling for them. Of course, if you have dependents your priorities will be different, and you do what you must. Otherwise, I'd be wary of sacrificing long-term satisfaction for short-term security.

Just my $0.02.

Anonymous said...

Moot court if you can.

Anonymous said...

You have two goals: pass the bar and get a job.
Therefore, tailor your classes towards the bar exam(s) you plan on taking and spend the rest of your time off campus building connections in the business and legal communities (volunteering, clerking, internships/externships etc.). Negotiations isn't tested on the bar exam but I agree with previous posters, it is a great class to take. Trial practice doesn't hurt either.

Anonymous said...

Law schools typically have non-profit law clinics run by faculty with student participation. In the clinics students work on real cases in areas such as criminal justice, domestic violence, environmental, immigration, first amendment, child advocacy, etc. Students work under the supervision of law professors and private practitioners who volunteer their time. The clinics are typically offered to 3Ls. State courts have rules that allow for law students to appear in court (accompanied by a practicing lawyer) to argue motions, attend trials, etc. It is a great way to learn how to actually write a motion and supporting brief and then go argue it in front of a judge.

Anonymous said...

If they consider litigation as a possible avenue, I agree with the above comments re pre-trial and trial practice. I greatly value the business associations/agency as well as insurance law courses I took. Can't stress the value of an externship or clerk position. Don't believe any of my colleagues learned anything worthy of our time in Commercial Paper.

Best of luck to you.

Anonymous said...

Can't overstate the benefit of taking a counseling/negotiation course. You will likely use that as much if not more than any other course you may take, both personally and professionally. I actually keep a copy of Lawyer's Guide to Negotiation within arm's reach of my desk.

Law school just teaches you how to think like a lawyer. Only the practice grants you the experience required for proficiency.

Anonymous said...

Evidence

Anonymous said...

Get the list of areas/subjects to be tested on the bar in your state. Fed tax and bankruptcy and commercial paper and secured transactions....

Take all those courses so you can do what? Pass the bar exam. That’s the goal.

Further plan to take the Bar prep classes and pay attention.



Anonymous said...

Largest generational wealth transfer in history is taking place right now. It will continue for the next 15-20 years. Good for you if you already have a business or accounting background. Some additions would be jurisdiction applicable courses in probate, trusts, fed. income and estate/gift tax, corporate & partnership tax, fiduciary laws and agency (conservatorships/guardianships). If there are any practice courses that you can take on "Chancery" matters, that will help you understand the pleadings and processes in advance of having to jump in and do them. Become very familiar with all applicable rules (probate and trust codes, tax code, etc.)Time/practice management and personal discipline will prevent your practice from running you. Get a good/trustworthy paralegal-treat them with total respect, and always double check work before sending out. Make as many good connections as you can along the way. Never know when the next referral will roll in from someone who you helped years ago.

25+y in transactional and planning practices in MS

Anonymous said...

Doesn't matter what you took if you don't pass the bar. I recommend the core bar courses (such info should be available from the law school). And, as others have mentioned, if you plan to work in a courtroom, you need trial practice courses.

Anonymous said...

Law is diverse and to answer your question requires a few preliminary questions, such as what do you intend to do with your degree? If the answer is litigate, then by all means take Trial Practice.
If the answer is work for a trust department, the answer is different...and so on.
The classes which helped me were Wills & Estates and Corporations. Made a decent living on those two areas though the bulk of my work is litigation.
I tell every law student to look for a few practical classes. And, while in school seek out a lawyer or two and ask questions!!! Law school does not prepare one to practice. it provides the academic understanding to practice but there is no replacement for trial-and-error...and getting over the fear of asking questions. Many lawyers have big egos preventing them from showing curiosity or admitting they do not know. I am almost 40 years into my practice and I learn something every week.

lawyering ain't free said...

i'd help you, but it'll cost 1500.00 per hour.

Anonymous said...

@3:28pm - True wisdom.

Anonymous said...

Anything practical, such as trial practice, ADR, etc. I'd recommend any additional legal research or writing classes as well(cannot stress this enough, research and writing are a HUGE part of your job, especially as a young associate. Don't be the example that gets circulated on websites like this). Outside of that, take any classes that are tested on the Bar and do as many externships as possible. Law school is great at teaching you analysis, but teaches you little about the actual practice of law.

Anonymous said...

3:31 notwithstanding, I've found that when I've been teachable, with enough humility to ask for and accept help, those with experience have been very generous with their time, knowledge, and wisdom.

Anonymous said...

The subject matter is secondary in importance. You'll learn that from practice.

Find the professors who have a reputation for forcing students to think critically and write clearly. The ones who will take your written work product and rip it apart so you can put it back together, better.

Typically (but not always) these professors are easy to spot. They're considered the hard asses, but they're the only ones teaching the skills you'll actually remember and apply in litigation.

Anonymous said...

I went to law school, then took (and passed) the bar exam. Never practiced a day.

It's been a great foundation for my line of work, a career I've genuinely loved! Conversely, almost to a person, the people with whom I went to law school HATE practicing law.

Law practice isn't anything like it once was. What once was a noble profession is now a dog-eat-dog grind. My recommendation would be to, first, reconsider the thought of practicing law....... I'm not saying don't do it, I'm just suggesting you might want to look hard at what's ahead.

Anonymous said...

Chiming in late, so that I'm able to echo some others -

5:45 is a winner. Find professors who have a reputation for forcing students to think critically AND WRITE CLEARLY.

Anybody who can write clearly can be successful in anything else that they are trained and competent to do. And if they aren't already trained, they can be taught and still be successful. Many of those coming out of college today, and for the past decade or two, cannot write. Those that can, win.

4:40 (and others, 440 was the first) - work for a local attorey in the office. Big office, ok. Small office better. Learn the basics - all of the basics. In a big office, you may be nothing but a gopher. In a small two - four person office, you will actually be doing stuff that you can learn from.

Put the two together, along with the advice to learn the test (study what's required to pass the bar) and you can have a great life. Until you are fortiesh. At that point, if you aren't hanging out your own shingle, or somehow gotten your name at the top of the letterhead, you will be miserable and looking for somewhere else to spend the rest of your life.

Anonymous said...

5:01; lighten up, dude, just trying to bring some humor. i'm not even an attorney, although i have seen a fair amount of Night Court. with that being said though, i do agree with you. if i were an attorney, and if i had anything new to add to what had already been posted, i would have gladly offered some suggestions, free of charge. seems like you folks already got it covered. this post is also coincidental in that my 12 year old daughter told me yesterday she was thinking of becoming a lawyer.

Anonymous said...

Just wanted to say that as a law student I appreciate this thread

Anonymous said...

In Mississippi - study old tests and learn the answers....lots of repeat questions

Anonymous said...

3:28 here. I think 5:45's comments are the best advice. Wish I had thought to write that. I am amazed so many law students (and ten young lawyers) cannot critically think. When I taught, it did not take long to figure out who could and who could not. (Purely as an aside, some of the best critical thinking I see today is from the rural and small town lawyers who have to be ready for their older, cagey brethren wanting to eat their lunch). I called one of those young lawyers today for his advice on a case, because he knows how to practice law!
As to writing, that was my weak spot in college. Many, many years later, I still work at writing well. It is worth every effort. Judges and clients appreciate better writing.

Anonymous said...

3:31/6:34: Actually, my intention was to acknowledge your joke. I guess it fell flat. -5:01

I too appreciate this discussion. The only comment I would flat-out disregard, and not in its entirety, is the one from the guy who never practiced a day, yet offered up the following:

"Law practice isn't anything like it once was. What once was a noble profession is now a dog-eat-dog grind. My recommendation would be to, first, reconsider the thought of practicing law."

This brings up a point I considered making earlier. It has been my experience that those who are most sure of the advice they give are those least qualified to give it. Develop and practice discernment in who you choose to follow and learn from. I've come to believe that WHO I practice law with is more important to me that where, what, and how much.

I was told early on that there is always room for another good lawyer, and integrity is one's most valuable asset. Take care of those two and the money will come.

Anonymous said...

Evidence. Advanced civil procedure if offered. All writing classes. Trial and Pretrial practice. I’m amazed at how many lawyers I practice against who don’t know civpro.

Anonymous said...

I asked roughly the same question the summer before starting law school. My late uncle, who was still on the bench at the time, stated “Take what’s on the Bar where you intend to practice. Work to join Law Review and/or Moot Court.”

Anonymous said...

Bankruptcy. Family law. Wills and estates. Real estate. You need basic knowledge in these areas to work anywhere even if you never practice in these areas. And if you hang a shingle you’ll need to know all of them to make a go of it. Signed, ten years out from law school. P.S. Stay away from weird constitutional classes. You won’t use them unless you are one of four people who handle constitutional law issues.

Anonymous said...

Sort of depends on where s/he wants to live and what they want to do. This might be roundly rejected here but take any serious class they have dealing with Blockchain and smart contracts. That will be the biggest growth sector over the next decade.

Anything teaching 42 usc 1983.

Remedies. Trusts. Evidence is important, but really you can get it all in bar prep.

By Candle Light If Necessary said...

How does it help a law student to tell him that those who 'teach to the test' are the ones to follow? If we merely study that which we know will appear on the test, what have we learned, other than how to take and pass a test?

If you're looking to hire a lawyer, avoid the ones who tell you they only studied what they heard would be on the bar exam. The advice many of you are giving is exactly that. Learn what's on the test and wing the rest. Reminds me of the grade school teachers who told us, 'this is what you need to study before our test next Thursday'.

A good lawyer will have three broads: A wife, horizons and knowledge. Choose coursework which will make you a front-runner in all three.

Anonymous said...

I was a "learn the test" guy and I was miserable practicing law because all I cared about was notching trophies and getting paid. When those two eluded me, I was empty. I've found that wealth and prestige are not the ends; they are byproducts of doing the work to the best of my ability with integrity.

Anonymous said...

English, especially definitions. Words mean what they mean, not what you want them to mean. You should never enter a courtroom without a good dictionary.

Anonymous said...

Evidence, Civ Pro 2, and pre-trial/trial practice. If you end up litigating in your practice, you will be conducting discovery (if your practice is primarily litigation, discovery will become your life). You have to learn when/why to pose an objection, what evidence/testimony is relevant/admissible, what motions to make/when to make them and how to clear any other procedural/evidentiary hurdles to adequately prepare for trial (no matter how unlikely it is that the case goes trial). You need to develop an instinct for these things and those classes give you a good foundation to start from.

Anonymous said...

The bar isn’t that hard. Spend your 3 years prepping for the rest of your life, not a 2 day test.

You’ll be fine if you have the core foundation (which is required at most law schools) and you work hard during BarBri.

Anonymous said...

What if practicing physicians were to recommend (to young students): All you need to worry about is what's going to be on the tests. The rest will take care of itself, through OJT, along the way. Happy Doctoring.

Anonymous said...

"What if practicing physicians were to recommend (to young students): All you need to worry about is what's going to be on the tests. The rest will take care of itself, through OJT, along the way. Happy Doctoring. "

Someone else who doesn't know what he/she is talking about.

If you don't pass the tests YOUR DREAM DIES HERE. Mandatory means mandatory.

All the other good and various advice posted here comes in later, and different advice applies with greater or lesser significance based on one's interests, previous preparation, and skills. But you will get nowhere without passing the tests (including boards).

Anonymous said...

Read the civil procedure and evidence rules as many times as you can stand it. So many lawyers don't know basic civil procedure and evidence rules.



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