Tuesday, October 21, 2008

10 Things They Don’t Teach You in Law School, But Should

Someone asked me recently if, given the choice, I would attend law school again. Somedays, the answer is hell, no. Other days, I reflect on how much I love my job and say that I would, if law school itself was somewhat different. In a lot of ways, law school was merely a means to an end. I wanted a graduate degree, I wanted a professional degree, and I've got it. Do I spend time fondly reminiscing about the good times from law school? Absolutely not.

So, here are some of the harsh realities I learned only after leaving law school and actually practicing law:

(1) None of this really matters. Seriously. Most of the crap they teach in law school has absolutely nothing to do with the actual practice of law. I would say about 98% is completely irrelevant. Of all of the classes I took in law school, there is only one I use daily - Legal Research and Writing. And, since most of the "research" part was based on non-electronic paper book research, I don’t use much of that at all. (And, by the way, my worst grade in law school was in the class that taught the type of law I currently specialize in.)

(2) You will lose. Maybe not today. Maybe not tomorrow. But someday, you will lose a case. And it will hurt. And it will be completely unfair. And the system will fail you and your client. There is no one in the history of the law who has won every single case. No matter how much you win or lose, you realize there is always a loser and sometimes, both parties lose.

(3) Real life is not the Socratic method. You don’t get to argue with everyone in real life. You don’t get to make your point in a clear and precise manner in a controlled environment. People won't always listen to you and take you seriously. In fact, you may be laughed at or ridiculed. Now that’s being a real lawyer.

(4) You have to payback those student loans. Now, sure . . . I probably knew somewhere in the back of my head that I would have to repay the money I was living off of in law school. However, there is nothing like receiving that first loan payment notice six months after graduation and realizing you could have purchased a nice starter home with the amount of money you owe for student loans plus interest. Right now, my student loan payment is the same amount as my mortgage payment. The education that keeps on educating.

(5) After five years, no one will give a flying fuck if you were on law review. Or graduated at the top of your class. Or won moot court. You want to know why? Because success at the actual profession is significantly more important than pretend success during the education for the profession.

(6) The only thing you have is your reputation. Believe it or not, it does matter what other people think of you. I have seen cases succeed and fail based on the judge’s impression of the lawyers involved. I have seen lawyers not receive high profile cases because of the perception that they are idiots. Watch that people. Ever hear of Sarah Weddington? After law school, she couldn't find a job to save her life. One male partner in a big law firm actually told her he didn't work with women lawyers. Many years later, after Weddington successfully argued Roe v. Wade, she sat on a judicial nominating commission. That male partner was one of the candidates for judicial appointment. Let's just say he didn't get the appointment. Lesson learned.

(7) Be nice to the little people. No, not midgets (unless you have a very specialized practice.) I’m talking about the non-lawyers in the room. Be nice to the court’s staff and to the members of the clerk’s office. I can’t tell you how many times law clerks, staff attorneys, clerks, and court reporters have done favors for me because I am nice to them. Being rude to a court reporter could cost you big time in the end. Need that transcript ASAP? If you’ve pissed off the court reporter, you might as well type that sucker yourself.

(8) Judges are people too. What they teach you in law school is that judges are somehow other-worldly - that they possess special powers of intellect and judgment. They teach you to always address a judge by "judge" or "your honor," even if you are in bed with them (Okay - only one professor told us that, but his wife was a judge, so . . . .) In reality, many judges are very smart and very fair minded. However, they are also real people with families, stress, bad hair days, and stains on their ties. Be respectful but you don’t have to genuflect for christ’s sake.

(9) Your clients will probably hate you. If you went into the practice of law because you thought it would be all about warm-fuzzies and "helping people," grow up. Some of these people need your help and will benefit from your help but will be completely ungrateful the entire time you are helping them. That's the thanks you get, every day. Because, in the end, when you can't blame anyone else, you can always blame your lawyer.

(10) How to tell people to fuck off nicely. Law schools need to teach people to negotiate and discuss problems calmly and like adults. Hanging up on people, calling other attorneys to tell them another attorney was "mean to you," and name calling is not professional. Get over yourselves and act like grown-ups.

4 comments:

Anonymous said...

Sounds like what they should tell new Moms too! LOL

Anonymous said...

Oh how true! I have a few others I could add, but shouldn't so I won't. LOL BTW - Brilliant!!

Anonymous said...

Nice work, counselor. Yeah, they need to stress civility. Another reason to be civil to your fellow attorneys: you never know which of them will become the next judge.

Ramble On said...

Other than the titles, Judges & Lawyers, your post could fit almost any profession and are good lessons for daily life too.