“We Can Be Better Than That”

Law school is hard.  Being a lawyer is harder.  But that difficulties and responsibilities come with entering the legal profession is not something to bemoan or a cause to run away.  Nor should the difficulty of legal education and practice be sought purely as a means to financial rewards, especially since these rewards are becoming all the more elusive in today’s world.  It is an opportunity for intellectual development and experience, all lifetime benefits to embrace.

The difficulty starts from the moment we study for the LSAT.  In our first years, we are tasked with reading and processing and cogently articulating concepts gleaned (or pulled like teeth) from ancient cases about barrels falling out of windows, churches burning down, and smoke balls that supposedly cured every minor ailment under the sun.  Come second year, we may find ourselves toiling in the law review cite-check room as staffers or coming out of our shells as we practice oral argument for Appellate Writing & Advocacy, along with even more copious amounts of reading, this time on topics like criminal process, agency and corporate law, taxation, postmortem property transfers, and intellectual property.  Then you will get the taste of working as an attorney, whether in a summer associate position at a large firm or clerking for a mid-size or smaller firm, in which your legal studies for the first time become “real.”  When third year arrives, you will have the chance to take workshops on pretrial practice and contract drafting among others, and (you guessed it) more reading.  In sum, as Justice Stephen Breyer was right to tell his children, “[I]f you do your homework really well, . . . you can do homework the rest of your life!”

Once you begin practicing in the real world, you will have even more difficult homework, and the stakes are even higher. 

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Connections

The inside cover of America magazine always has a column entitled “Of Many Things.”  A recent piece by Edward Schmidt, S.J., focused on the importance of connections. “Connections great and small help us find balance and identity”, he wrote. Is that what I was seeking as we drove southeast from St. Paul headed to Milwaukee for my reunion?

Reunions of lawyers are like other reunions in that they connect or reconnect those that life has flung to places, close and far, from where the original connection took place. But lawyers are sui generis, and I use that term thinking of Justice Hugo Black who, I am told, did not use Latin in his opinions. Our uniqueness comes from our training and what we do. Over the years I have used examples of my “job” such as this past weekend’s match between Nadal and Federer. For every stroke of one, the other quickly and frequently with devastating accuracy counters with a stroke intended to thwart or defeat the other. Not unlike a wide receiver trying to run a post pattern or Dirk trying to stop our beloved D Wade, the lawyer is constantly countered by defenses offered by another lawyer. Unlike athletes, we seldom have throngs cheering our moves. Frequently the cause we advocate is unpopular

What we have done over the years has formed what we have become.  

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When in School, Be a Student

There is a lot of discussion within the legal community about how law schools can (or should) prepare students for the business of practicing law.  It is common to hear complaints about how young graduates do not understand how to run a practice, and that the law school faculty and administrators should better prepare them for the real world.  I respectfully disagree.

There are so few times in our lives when we can truly immerse ourselves in the science of our profession.  The years in law school expose us to intellectual experiences that may never be found in a private practice.  The law school faculty is best equipped to challenge the law student’s mind in the most thought-provoking and critical ways.  In law school, we learn how to write clearly, concisely, and persuasively.  Law schools offer opportunities to study and understand fundamental legal rights that serve as the foundation for most legal disputes that arise within the practice.  Learning about and discussing, in a critical and theoretical manner, constitutional rights or contract rights or procedural options instills a preliminary basis for everything we do as lawyers.

The best way to run a well-respected law practice is to demonstrate strong skills as a lawyer.  You can’t do that unless you have obtained a good education – one that offers the type of critical legal analysis and knowledge that is acquired in school.

Don’t get me wrong.  There are many pieces that need to fit together properly to run a successful law practice.  I submit that a solid legal education is the first and arguably largest piece in the cog.  A commitment to an ethical method of practice with a high level of integrity will naturally lead to the acquisition of the other pieces necessary to operate the machine we call a law practice.

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