So You Want to be a Lawyer

The Ultimate Guide to Getting into and Succeeding in Law School

Lisa Fairchild Jones, Timothy B. Francis, Walter C. Jones

• Publisher: Skyhorse
• Year: 2017
• ISBN:
  9781510726390
• Topic: Law
• Subtopic: Law Theory & Practice
• Index: Law

Completely revised and updated, So You Want to Be a Lawyer takes you through the process of becoming a lawyer, examining each phase in a helpful and easy-to-understand narrative. Find out what practicing law is like before you step into your first law school class. Practice solving legal problems as law students would in law school and lawyers might in an actual courtroom. Find out how to get into law school. And there's much more: •Advice on how to select a law school, along with names and addresses of American Bar Association (ABA)-approved law schools•An explanation of the law school admissions process, and ways to improve your chances for getting in•Practical exercises and advice that will give you a head start over other first-year law students•Information about career opportunities as a lawyerWritten by three experienced lawyers, this book will help you understand the types of problems facing law students and lawyers on a daily basis. Not only will it prepare you for law school, but it will also become your trusted guide on the path to becoming a successful lawyer.

1	HOW TO USE THIS BOOK

We suggest that you go through the book chronologically. Each section builds upon the skills that you will have tested in the previous section. The first part of the book will give you useful general information about law school, the admissions process, and careers in the law.

In the case briefing section, we: (1) explain how to brief a case; (2) give you a hypothetical criminal law case; and (3) provide a model brief for that case. We then give you actual cases from the first year law courses: Torts, Civil Procedure, Property, Contracts, and Constitutional Law. After each case is a space in which to write out your brief. Once you are finished briefing each case, there is a model brief for you to compare your answer. Remember, there is no one correct model answer. The model answers provided in this book specify the important information on which you should focus, and are only illustrative.

Take as much time as you need to brief the cases. The purpose of this section is to give you an opportunity to read and analyze actual legal decisions and to “dissect” each case. Moreover, remember, it is more important to make sure you understand each case before you begin briefing it than to worry about how long the whole process takes you.

In the section titled “Thinking Like a Lawyer,” you will get a chance to test how well you understood the legal principles set forth by the judges in the five cases you briefed. You are given a summary of five fact patterns from five cases; cases on which you have just been briefed. You will then have to figure out which of the five cases would be cited for each of those sets of facts and why. After you have completed this exercise, you should check your answers against the holdings of the judges, provided at the end of this section.

Again, take as much time as you need for this part of the book. It tests an important skill that all lawyers must perfect—the ability to analyze a set of facts and determine which case law would apply to that particular fact pattern.

“The Anatomy of a Crime” gives you a chance to further test your analytical and reasoning skills against a complex fact pattern, but in this case, you will be applying statutory law to a set of facts, rather than case law as in the two previous exercises.

The statutory law that will apply to the fact pattern is set forth in the section titled “The Law.” For this fact pattern, the statutory law will consist of various crimes, such as murder, assault, and battery.

Although you will no doubt have heard of some of these crimes, remember that the key to answering the questions correctly is not only to identify the crimes that have been committed, but also to be able to explain why defendants should be charged with these crimes. To do this, you will have to understand the elements of each of the crimes.

For instance, murder in the first degree has the following elements: intent to kill someone, pre-meditation, and the act of killing someone. If you believe murder in the first degree has occurred, you must explain how each of these elements is present in the fact pattern.

That’s the essence of thinking as a lawyer—first identifying the applicable legal principal, in this case which crime may have been committed, and then identifying whether each element of the crime has, in fact, occurred in the fact pattern.

When you read “The Law,” try to understand each crime, and then concentrate on each crime’s element. If necessary, visualize the law as though someone were breaking it. This way you will remember it, rather than having to memorize it.

You will also find it easier to spot where a crime has occurred and logically explain why the defendant should be charged with this crime, based on how his or her actions correspond to each of the required elements of the crime.

Also, don’t be afraid to read “The Law” several times and take notes. If you were a lawyer on a case, that is exactly what you would do! No one memorizes every detail of the law. On the contrary, lawyers read it repeatedly, take notes, and then determine which legal principles apply to their problem.

Let’s discuss “The Facts.” You will notice right away that they are not in a straight narrative format. We have done this to approximate the type of format you might face if you were a lawyer assigned to read a deposition. A deposition is an important tool lawyers use in preparing for a case.

In essence, it’s a type of mini-trial without a judge or jury in which the lawyer asks a witness (usually in the presence of the witness’ attorney) questions about the case. A court reporter records the witness’ answers in much the same format that you will see in “The Facts.” Therefore, when you begin to read this section, imagine you are a young lawyer who has been assigned to read the depositions (i.e. the answers or narration of the facts) being given by the witnesses and defendants in this case.

The key to getting a handle on “The Facts” is to distinguish between those sections that are relevant for determining whether a crime has been committed and those that are not. Don’t be intimidated by the volume of material that you will have to read. Just remember that no matter what type of law you decide to practice, you will have to read a lot, so press on!

The questions that follow “The Facts” test whether you understand how to apply the law to those facts.

When you are answering the questions, remember that the reason a certain crime has been committed is as important as identifying the crime. Think about it like this: If you were a lawyer arguing before a judge or a jury, it would not be enough to say that the defendant had committed murder. You would have to prove that the defendant had committed the elements of the crime of murder.

Use common sense when answering the questions. Do not get so hung up on the mechanics of the law that you overlook the obvious. In other words, don’t miss the forest for the trees. Remember, all laws are based on common sense applied in a logical way.

You will notice that the questions are of varying lengths and difficulty. In some cases, we have suggested time limits for each question, which generally correspond to the complexity of the question. We suggest that you attempt to stay within the time limits as much as possible to give yourself an accurate feel for what a law school exam would be like.

Model answers following each question will give you the correct answer to each question. In comparing your answers to those provided, remember to check whether your reasoning corresponds to the reasoning set forth in the correct answer.

That is one of the most important keys to thinking as a lawyer does—being able to reason logically. If you can do this, you have one of the most important skills needed for the study and practice of law. Remember, in the practice of law, there are always two sides to every question. Most cases are not “open and shut.” The key to a successful defense of your position is how clearly, logically, and persuasively you can apply the law to your particular set of facts.

In conclusion, this is how we would suggest that you go through “The Anatomy of a Crime.” First, read “The Law,” taking notes on each of the crimes so that when you come across something in the facts that seems to correspond to one of the crimes, you will be able to identify it. Then read “The Facts.” Take as long as you need with both sections. The key is to fully understand both before moving on to the questions. Then answer the questions and check each one against its model answer.

We are confident that after you have read So You Want to Be a Lawyer, you will have a good idea of the types of problem solving that lawyers face on a daily basis.

We hope you enjoy the book!

2	PREPARING FOR LAW SCHOOL

Your Major

Unlike medical schools or other professional schools, law school does not require any specific major or concentration of study, although an undergraduate degree is usually required. While political science, economics, and English, are popular majors among many prospective law students (as is an interdisciplinary “pre-law” major offered by some colleges and universities), you’ll find law students majoring in areas as diverse as engineering and fine arts.

It’s more important to major in an area that you find interesting and rewarding and in which you can excel rather than majoring in something simply because it’s popular among “prelaw” students.

Because the practice of law requires a variety of skills, it’s important to have a well balanced education. For the personal injury lawyer, for instance, a working knowledge of anatomy can be helpful. So some science courses, although not necessary for the law school experience, may be helpful for the practice of law generally.

Also lawyers practicing personal injury or corporate law are often required to work with experts in various fields. Economists, for example, are frequently used in the calculation of future earnings of an individual or business.

Therefore, the successful lawyer must be able to converse competently with various experts. And what better place to learn the basics than in college? So don’t blow off accounting, economics, or the sciences because you think they’re too hard. In the long run they’ll serve you well.

As for the business/corporate lawyer, individuals with specialized backgrounds can have a leg up on the competition if they have a specific skill. In fact, many companies with specialized areas of practice look for attorneys with an undergraduate degree in a technical field. For instance, an employer may require its patent lawyers to have a degree in chemistry or engineering.

The same is true for the pre-med major who decides to go to law school to practice medical malpractice law; he or she may have an advantage over someone who majored in music. Although specific majors aren’t necessarily required for these positions, they give you an edge.

Keep in mind, however, that practical experience can be as important as an undergraduate major. For example, the former investment banker who goes to law school may ultimately have an advantage in getting a corporate securities job over an individual who has not. Once again, choosing a major that you enjoy and in which you can do well is of utmost importance.

The LSAT

The Law School Admissions Test, popularly known as the LSAT and administered by the Law School Admission Council in Princeton, New Jersey, is required for admission by most law schools. The LSAT is a standardized test designed to give law schools an idea of a prospective student’s aptitude for the study of law. There are various LSAT preparatory courses which many people take prior to taking the LSAT.

There are also a number of LSAT preparation books which go over the same general material as the courses. Your scores on the LSAT are one of the key components that law schools use in determining admission. Also, doing well on the LSAT the first time you take it is important because law schools average the scores of people who take the test more than once. Thus some type of serious advance preparation is advisable to ensure the highest score possible.

Whether you take a course or use one of the preparation books depends on your finances (the courses can be expensive) and whether you find it more effective to learn on your own or in a classroom setting. However, whether it’s a course or an LSAT prep book, we cannot overemphasize the importance of some type of preparation.

Generally you should take the LSAT during your junior year of college or the first semester of your senior year. Even if you’re not planning to go to law school directly after college, you may still want to take the LSAT while you’re still in college since it’s often easier to prepare for the test while still in an academic environment.

If you’ve been out of college for a few years and you’re considering law school, you should take the LSAT as soon as possible in order to ensure that you receive your scores in time to qualify for admission for the next academic year. For more information on the LSAT you can contact:

Law School Admission Council

662 Penn Street Newtown, PA 18940

Telephone: [phone]

Email: [email protected]

www.lsac.org

For information on Opportunities for Minorities in the Law contact:

American Bar Association

The Commission on Racial and Ethnic

Diversity in the Profession

321 N Clark Street

Chicago, IL 60654

312-988-5000

Email: [email protected]

www.americanbar.org/groups/diversity/racial_ethnic_diversity.html

Washington DC Office

1050 Connecticut Ave. N.W.

Suite 400

Washington, D.C. 20036

202-662-1000

Diversity Initiatives Fund

662 Penn Street

Newtown, PA 18940

Telephone: [phone]

http://www.lsac.org/LSACResources/Grants/lsac-minority-program-grants.asp

For information regarding financing your legal education you may contact:

http://www.lsac.org/jd/finance/financial-aid-overview.asp

Improving Your Chances of Being Accepted to Law School

If you don’t have a strong undergraduate grade point average or high LSAT scores, there are certain things that you can do to improve your chances of being accepted to law school.

For instance, you may want to consider working for one or two years before applying to law school. Ideally you should seek the type of job that will enable you to hone your problem-solving skills, to demonstrate your ability to work hard, and to show that you have a mature attitude towards your work. These virtues are often lacking in college students.

In addition, working offers the opportunity to obtain favorable employer recommendations. The key is to give the law school admissions committees additional favorable information to offset your low grades and/or LSAT scores.

Some people may wonder about paralegal programs. Working as a paralegal gives you an idea of the law firm environment; however, law school admissions committees are more concerned with whether your work experience required reasoning and problem solving skills rather than simply that you worked in a law firm.

In addition, if you majored in an area that you would like to pursue after college, you may want to consider obtaining a masters degree in that area. Often, doing well in a masters program can be used by a law school admissions committee to show that you can do well in an academic environment. And although high grades in a masters program will not negate low undergraduate grades, they provide additional favorable information to improve the overall quality of your application.

If you come from an economically disadvantaged background, you may want to consider applying to CLEO, the Council on Legal Education Opportunity. CLEO is a federally funded summer program where graduating college seniors take first year law school classes with law professors. It’s a six week program where you go full time to class, take exams, and receive grades and faculty evaluations. CLEO applicatio...