Academic Success

INTRODUCTION

Success in law school means different things to different people. To some, success is defined by how much they learn, regardless of grades. To others, success is defined entirely by grades, regardless of how much they learn. To some, it is defined by whether they survived the experience. To others yet, success is defined by some combination of the above. I define success in law school as a combination of how much you learn and how well your grades reflect that learning.

First, let me clear up a misconception. Although there is a relationship between intellectual brilliance and success in law school, it is a limited correlation. Bluntly put, law is not intellectually very hard. Astrophysics, or quantum mechanics are intellectually very hard areas of study. But you can be a very competent attorney even if you are or average intelligence. There is a more predictable correlation between law school success (or success as a lawyer) and following a defined process. In other words, for most of us, success in law school is less dependent on innate intelligence than on following a prescribed course of action. Rather than thickness of gray matter, the main ingredient of law school success is preparation. Preparation in law school involves two principles: hard work and development of some tried-and-true skills.

There is no short cut to success in law school or in the practice of law: they both require hard work. Some students fail to understand this principle of success. Every year, I meet students who took short cuts as undergraduates but nevertheless received good grades. Some boast that they got top grades despite waiting to prepare for exams until literally hours prior to the test. They arrive at law school believing they can replicate this approach. Every year I suggest early in the semester that students not use short cuts in law school and every year some students choose to ignore this advise. Unfortunately, they don't find out they were wrong until they receive their first semester grades.

In addition to hard work, successful students must learn to work well. Many students brief every case, go to every class, take copious notes, read hornbooks and commercial outlines, and yet do poorly in law school. These students worked hard, but not necessarily well. Thus, success in law school depends on two factors: (1) how hard you work; and (2) how well you work.* This article provides you with the tools you need to work well. Only you can determine how hard you are willing to work.

I. HOW SUCCESS IN PRACTICE IS RELATED TO SUCCESS IN LAW SCHOOL

Clients hire lawyers to resolve issues. Whatever a client's issue may be, the essence of what lawyers do is resolve problems. To accomplish this task, lawyers must call upon a combination of skills, including oral and written communication, factual investigation, research, analysis and reasoning, counseling, and negotiation. Additionally, lawyers must be skilled in litigation and alternative dispute-resolution procedures. Successful lawyers apply these skills in a well organized, thoughtful, and ethical manner. I believe that the primary mission of the law school is to prepare students to enter the legal profession. Law schools should train students to learn and develops the skills, perspectives, and personal attributes that will make them successful lawyers. This means that the skills needed to succeed in law school should relate to the skills needed to succeed in practice.

Students in courses like torts, contracts, civil procedure, and business associations should not only learn the underlying substantive law but also skills such as problem solving, analysis, and reasoning. (These skills are sometimes referred to as "critical analysis" skills.) Students in these courses should also learn oral and written communication skills as well as organization, and ethical and professional demeanor. In addition to substantive courses, law schools offer a broad array skill developing courses (like research and writing, pre-trial & trial practice, oral advocacy, clinic, client counseling, and practice management), and courses aimed at developing a student's perspective and personal attributes, like jurisprudence, and legal ethics.

A. The Skills Needed to Succeed in Law School

Because I teach tort and procedure courses, the focus of this article is on the skills needed to succeed in those courses. However, I believe the same skills are needed to succeed in all substantive course. To succeed in a substantive law school course, students need to master the following four skills:

1. Thorough understanding of legal rules and their underlying principles and policies.

a. This requires more than simply learning what the rules say. It requires understanding what the rules mean, how and why they were developed.

(1) for example, it is not enough to know that to recover for a battery, the plaintiff must prove that the defendant intended to cause a harmful or offensive contact. Students must understand "intent" in the law of battery means more than merely the subjective desire to achieve an outcome.

2. Ability to separate legally relevant facts from irrelevant facts and red herrings.

a. Not all the facts a client gives her lawyer are relevant to her ability to recover damages. Sometimes the facts the client considers to be the most important are not legally relevant. Sometimes the most heart-wrenching facts have nothing to do with the client's claim- they are red herrings. Good lawyers focus only on the legally relevant facts when trying to make their client's case.

b. Likewise, successful law students must focus only on the facts that are relevant to the specific element being analyzed and not allow themselves to be distracted by irrelevant facts or heart-wrenching but legally insignificant facts.

3. Ability to spot and describe the issues raised by the relevant facts - and the problem being analyzed.

a. Good lawyers quickly zero in on the issues raised by their clients' facts and the applicable law.

b. Successful law students are able to spot and describe only the issues that are raised by the relevant facts, the applicable law, and question the professor is asking, in class or in the final exam.

4. Ability to apply the pertinent legal rules to the relevant facts in an organized and thorough manner.

a. This means interweaving the relevant facts of the problem into the elements of the applicable rule in a systematic way that follows some logical order.

(1) successful lawyers not only (1) use the law and facts to argue on behalf of the client's position but also (2) understand what arguments can be made against the client's position using the same or other relevant facts.

(2) Successful law students learn to argue strongly not only on behalf of one party but also on behalf of the other.

B. How Are These Skills Different than Undergraduate School

"I hear, and I forget; I see, and I remember; I do, and I understand."*

Undergraduate students become proficient at developing a very important skill: acquiring knowledge. Most undergraduate assessment tools measure the ability to acquire, memorize, and regurgitate information.

To succeed in law school, however, students need to acquire information and to develop the ability to apply, analyze, synthesize, and evaluate that information. In other words, "law students should not just know; they should be able to do what they know."**

The successful law student utilizes the learned skills not only to acquire but also to use knowledge "to think, judge, decide, discover, interact, and create."

II. THE PROCESS TO LAW SCHOOL SUCCESS: FROM CASE BRIEF TO FINAL EXAM

Preparing for success in law school should begin the first week of the first semester of law school. Following is a list of steps in the process toward law school success. I have synthesized these steps from my own experience and from interviews with dozens of students who have been successful in my classes and in law school during the past several years.

A. Read and Brief Assigned Cases

Learning to read and brief cases is a time-consuming and tedious task but it is an essential step toward success in law school. As overwhelming a task as it seems, reading and briefing cases (at least during your first year in law school) is fundamental to developing the skills essential for success in law school and in practice.

For a detailed tutorial on reading and briefing cases, read Reading & Briefing Law School Cases or watch the videostreamed lecture entitled Reading & Briefing Law School Cases

A. Prepare for Class

Reading and briefing the cases prior to discussing them in class is essential. However, to fully prepare for class you should also answer the questions, hypotheticals, and problems in the class handouts and in the casebook's notes.

B. Attend and Participate in Law School Classes

Attending classes is important for several reasons. Understanding a subject matter requires much more than learning its "black-letter law." To develop critical skills in any given area of law requires an understanding of the social, political, and historical underpinnings of the law. In addition, the interaction of the various perspectives, experiences, and approaches of your classmates and professors will help you to fully understand the legal rules and principles of any area of law. Your life experiences have given you a unique perspective on the legal issues discussed in class. Participate in class so that your unique perspective can be heard. You participation enriches the class experience of all of us. Your participation also insures that the gunners won't hog all the air time. Finally, you paid dearly for these classes and you should stick around to see if you are getting what you paid for.

C. Participate in a Study Group

They may not be for everyone and finding a study group that works for you may require some trial and error. However, most students benefit from participating in a study group. The exchange of ideas in the intimate environment of a small group of peers is helpful to understanding complex legal concepts. People learn in different ways and at different rates. You may be the one to explain a concept to your group one week and another member may be the one to explain a concept to the group the next week. Explaining concepts out loud helps solidify your own understanding of issues. Moreover, you will often work closely with other lawyers during your legal career even if you practice law by yourself. Law school study groups help develop the collaborative skills needed to succeed in practice.

D. Course Outlining: Prepare an Outline of the Class

The most common mistake law students make in final exams and lawyers make in legal briefs is presenting arguments that are disorganized. For most people, making logical, well reasoned arguments is not instinctive. Spotting the issue, recognizing the applicable law, and drawing the correct conclusion is not nearly enough. You also need to explain why you chose to apply that particular law and how the law applies to the facts of your case. An outline is the tool that provides the structure needed to arrange an extraordinary number of complex and interrelated concepts into a comprehensive document. The class outline is the most important document you will prepare in law school. Even if you buy, borrow, or steal outlines prepared by others, you should always prepare your own. Only then will you fully understand the concepts and their interrelation with each other.

For a detailed tutorial on outlining, read: How to outline a Law School Course or watch the videostreamed lecture entitled: How to outline a Law School Course

E. Take Practice Exams

Law School exams and the bar exam are more about a particular process than about substantive knowledge. Each law school professor has her or his own conception of the required process. Practice exams (often the professor's old exams) give you a valuable insight into the process as perceived by that professor. Practice exams allow you to get a feel for what you can expect on the final exam. If the exam has a sample answer or a top student answer, you can also get a feel for what that professor requires. You only take one exam in most law school classes. Waiting until then to find out what the professor expects often results in an unpleasant surprise.

F. Write a Good Final Exam

Although success in law school does not depend only on how well you do on any one exam, how well you do in law school will depend on how well you do on your exams.

For a detailed tutorial on test taking, read How to Write a Good Law School Exam or watch the videostreamed lecture entitled: How to Write a Good Law School Exam

The above guidelines are not the only views on how to succeed in law school.

For another viewpoint visit Professor Leslie Bender's "Basic Manual for Law School Success" at http://www.law.syr.edu/faculty/bender/torts/generalinformation/basicsuccessmanual.asp

III. HOW TO AVOID LAW SCHOOL-RELATED STRESS

A. Can't Be Done but You Can Learn to Work Through It.

To a great extent, stress is part of the law school experience, particularly during the first year. Students are presented with new (and sometimes obscure) fields of study, each with its own unique language. Additionally, law school is so labor intensive that it leaves little time for other important pursuits, like family, relationships, hobbies, etc. And, to top it all, how well you do in classes is often based on well you do in a single, several-hours-long, closed-book examination.

Although it is hard to completely avoid stress, being well prepared for class and for your final exams will reduce some of it. Following the above guidelines is a first step. A sense of humor is also helpful.

For more on how to avoid law school stress, read The Secrets to Relieving Law School Stress or watch the videostreamed lecture entitled The Secrets to Relieving Law School Stress

* You are welcome to copy or otherwise use any of my intellectual property. All I ask is that you give me authoring credit.

*Old Chinese proverb. See Gregory S. Munro, Outcome Assessment for Law Schools 70 (2000) (hereinafter Munro).

**Munro, at 12.