THIS IS A PERSONAL ACCOUNT Assistant District Attorney General - Trial attorney handling criminal cases. Opinions my own.
Law students, Law school, on the whole, gives you few skills. This is one of many reasons you want to get an internship that offers skills building. But because law school focuses so much on the theory instead of the "how to," a creep of uncertainty seeps into most of us. We want to know how to do things in the law, but law school doesn't teach the "how." You also want to ensure that in your first few years of working, you are gaining skills in your chosen practice area. Doing so is not being selfish. It is absolutely what you should be doing. Why? Because you want to use the first few years of your practice to create a foundation of skills you can build. And when you get an internship or your first job, and you encounter that "old" lawyer who wants to sit with you and discuss cases and show you things in court or bring you onto a case to learn, be gracious and accepting. This is where you will learn years of material in months and see your skillset exponentially increase. So much discussion on the teaching of law centers on how the law used to be taught by apprenticing. It still is. Now, you have to go to law school before starting your apprenticeship unless you are fortunate and get an internship that treats you like a lawyer before you pass the bar. But we learn to practice by doing, not reading, not theory games, not writing papers. It is by doing. And we all apprentice. #lawstudents
Great insight Miller. It's always been my biggest gripe with law school...it's too theory-based, and doesn't give enough opportunities for practical learning. It's no coincidence that my most useful courses, the ones I did the best in grade-wise and the ones I STILL refer back to and pull information from, were the few courses I managed to find that were PRACTICAL (for example, a "Divorce Law" course where the entire semester was literally just handling a complex divorce case, start to finish...and I don't even do divorce law!) My brain has a very hard time building motivation when I can see going in that there's not much "real world" use for something, like nebulous theory. And I know I'm not alone there.
Miller Leonard interesting view. Law school teaches you how to think like a lawyer and figure out subject matter. Practice teaches you procedure and practicality. I found mastering the theoretical helps one master the practical, but that’s not everyone’s view. It depends a lot on what type of law you practice as to how much theory is involved. I do a lot of first impression matters under new law and regulations, others do more familiar matters. The important point is that everyone pick a practice that works for them. Perhaps because we have the third year practice opportunity in Florida, we see law school differently. But everyone has their own view.
So good: that “old” lawyer. Yeah, we know a thing or two. 🙂 Hope there will be more who stay around to TEACH. Miller Leonard
Valuable advice Miller Leonard because there is so much to learn - I hope all new lawyers will have the great gift of an “old” lawyer who will sit and teach, or bring them along to watch and help. It is invaluable.
Clinics, internships, and the “old” lawyer… for sure. Life and reality vs books and theory. Great post Miller Leonard! Do to your benefit, ignore at your peril (sometimes it’s just a lesson learned the hard way and sometimes it can derail your current/upcoming role… not your entire career, but, there are repercussions and consequences). Edit: Miller has kindly provided a great heads up to law students on this!
Thank you so much for the advice. I am currently studying for the LSAT, which I will be taking in June. I have been applying all the pointers you give to the internship I currently have. Again thank you so much!
Appreciate the reminder that the real essence of learning law comes from doing, not just theoretical knowledge.
Enroll in one of your law school’s clinical courses. You’ll get practical experience and credit toward your degree. What could be better?
This is great because we old guys love to pontificate!
Juris Doctor Candidate (LUSOL)
8moAs a more mature law student, I cannot think of a job that I have had where I did not have to be "signed off" as competent by a more experienced colleague. Yet, it appears that in some law offices, it is sink or swim. It is in the interest of the legal profession to mentor new attorneys. That being said, while my school has a extensive lawyering skills program and various clinics, I think that the bar tests on so many diverse areas of the law that there is pressure to take classes just to get through the bar, rather than to become a competent practicing attorney. As you said, the instruction of law was initially by apprenticeship. Law student may despise this, but maybe law school should be 4-years to allow for a more expansive practical education or, maybe, we should make the ABA accreditation standards require more practical education, while allowing automatic bar membership upon graduation from an accredited school. This would allow students with disparate educational needs to be assessed based on those needs, rather than a one-size-fits-none bar exa.