Thursday, July 23, 2009

Law School

Law School........A place where ordinary people are changed forever. Before law school, people have the ability to choose emotion over reason, they could make decisions based upon no analysis other than feeling, and they were probably happier. Law school transforms people. No, they don't change their appearance, at least not significantly. Law school changes the way people think. More accurately, it changes a persons thought process.

Law school, by its process, converts a persons thinking. Values do not change. Opinions and views of the world do not change fundamentally. What changes is a persons freedom to jump to conclusions based upon insufficient information. Lawyers think in a structure. Lawyers weigh the information available and initially decide whether there is enough information to draw any inferences or conclusions. By training, emotion is not (or should not) be part of the equation. The rest of the world has the freedom to think emotionally and act out of that environment. Lawyers do not.

What is it about the law school experience which causes this transformation?. It is really simple. Lawyers spend thousands of hours reading cases in law school. They read the analysis by judges of case facts. And, they eventually start to apply the same process to not only problems in their profession, but in their personal everyday life. It is a slow evolution of the thought process. Whether it is good or bad depends on your point of view.

Law students who take short cuts and use pre-written case briefs do not participate in the process. In my view, without the case law reading, law students never fully evolve, and are limited in their professional life by this. While very smart law students may pass the bar exam because they have memorized the rules and definitions. They, however, are lacking when a legal issue comes along and they cannot simply dredge up from their memory the rule which applies. Sometimes, there has been no rule set and the issue is one of first impression never considered before. Those who did not "evolve" through the tried and true process, are also handicapped in handling some legal issues later in their career.

Law school is the study of law and is self taught. Law professors like myself sometimes think their role is greater than it really is. Indeed, law professors are best when they make the student find the answer through the analysis of the facts, without providing the answer. This socratic teaching method works, and has been around as long as there have been law students. Law schools simply provide a structure for law students to become lawyers through their own work. Law professors are simply tour guides in this adventure.

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