Law and the Horse

Horse and RiderIf you’ve spent much time around me, you know that I’ve got horse-crazy daughters.  My oldest is fourteen, and she’s just starting her tenth year of riding.  Her sisters joined in the fun a couple years after she started.  That has meant all sorts of things for our family, one of which is that I’ve spent an awful lot of time watching riding lessons.

It’s no surprise that spending that much time watching my daughters being taught a set of skills has led me to reflect on my own teaching.  There are, I’ve concluded, lots of connections, and so in this post I’m going to try to persuade you of two things:  The first is that learning to be a lawyer is in meaningful respects similar to learning a skill like how to ride a horse.  (Or, for that matter, figure skating.)  Both processes involve not merely the acquisition of information, but also a somewhat ineffable sense for how to engage in an activity.  The second is that those similarities can help provide some interesting perspectives on what we do in law schools.

I am breaking no new ground in making the first point.  Karl Llewellyn, for example, wrote of the value to lawyers and judges of “situation sense” and “horse sense” and of understanding that – and even more, understanding how – legal rules will often tell a tale that is incomplete or even wrong when applied to certain fact patterns.  This is a view of law as a craft.  Doing it well requires cultivating an often inarticulable sense of what sorts of responses are appropriate to which situations.  We might call it judgment.  Some of this is doctrinal knowledge, the content of the “law.”  But, Llewellyn admonished new law students, as memorialized in The Bramble Bush, “it does not make so very much difference whether you remember the specific rules.  Good, if you do.  But even if you do not, there remains a deposit, formless, curious—but one which informs your hunches in the future.”  Few of us remember much in the way of doctrinal specifics from our first semester in law school, but none of us could claim that we didn’t learn much.

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Some Perspective from Five Marquette Lawyers Who Are General Counsel

You are the general counsel of a large corporation. Your company is involved in negotiations to buy a competitor and there are layers upon layers of complexity and risk. Is a lawsuit against the competitor a deal-killer or no big deal? Why is a key employee of the other company about to bolt for a third company? Business for your own company has been slipping. Do you need this deal to save your company or will the deal wreck what you do have? The questions—and the pressure—build.

Ray Manista, Cari Logemann, Paul Dacier, Julie Van Straten, and Frank Steeves in Eckstein Hall’s Appellate Room
Ray Manista, Cari Logemann, Paul Dacier, Julie Van Straten, and Frank Steeves in Eckstein Hall’s Appellate Room

Paul Dacier, L’83, outlined the scenario before a capacity audience in the Appellate Courtroom of Eckstein Hall on Feb. 20, and as he did so, he asked members of the audience how they would handle each step.

As Dacier’s story comes to a head: The CEO calls you into his office. “It’s just the two of you in the room and the CEO is sweating bullets,” Dacier says. He wants to know what you as general counsel recommend.

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22nd Annual Howard B. Eisenberg Do-Gooders’ Auction–An Interview with Katherine Seelow

Katherine SeelowThe 22nd Annual Howard B. Eisenberg Do-Gooders’ Auction on behalf of the Law School’s Public Interest Law Society (PILS) will be held in the evening on Friday, February 13, 2015 at the Law School.  Proceeds from the event go to support PILS fellowships to enable Marquette law students to do public interest work in the summer.  Katherine Seelow, a current law student, shares her experience here as a PILS fellow.  Besides her work as a PILS fellow, Katherine is helping to organize this year’s auction.

Where did you work as a PILS fellow?

I was lucky enough to be a fellow twice-over.  First, I worked for the Milwaukee Justice Center. Next, I worked at the Cook County State’s Attorney’s Office, in the Felony Trial Division.

What kind of work did you do there?

At the Milwaukee Justice Center I worked the Family Law Help Desk, helping the pro-se litigants with a wide variety of family law issues fill out the appropriate paperwork. Additionally I was able to conduct research on family law issues and participate in tracking the progress of MJC clients. At the Cook County State’s Attorney’s Office,  I was assigned to a trial team and helped them organize discovery on felony, criminal cases. I was also able to appear on the record under the 711 Student Practice Rule.

How was the experience meaningful to you?

My experience at the MJC was meaningful to me because it gave me great experience working with clients, one-on-one, which is not something you often get to do as a rising 2L. My experience as a Law Clerk with the Cook County State’s Attorney was meaningful because I got to prepare and handle cases on the record.

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