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

Nicole OstrowskiThe 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.  Nicole Ostrowski, a current law student, shares her experience here as a PILS fellow.  Besides her work as a PILS fellow, Nicole is helping to organize this year’s auction.

Where did you work as a PILS fellow?

I worked at the Wisconsin State Public Defender’s Office–Milwaukee Trial Division, both this past summer and the summer between my 1L and 2L year as a PILS fellow.

What kind of work did you do there?

I mainly worked on misdemeanor cases and did anything and everything with the cases I was assigned, including preparing for a jury trial that unfortunately did not go. I was very fortunate in my fellowships because I was able to get a lot of hands on experience with clients, including visits to the jail by myself! My time with the Public Defender has helped me learn what it’s like to actually be an attorney in practice, as opposed to simply learning how to think and write like an attorney, as we’re taught in law school.

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