'Tis the Season

Bar exam season is upon us. Here is my experience in taking the Illinois bar exam. And for some humor, I insist that anyone studying for the bar, or anyone who has ever taken the bar, go watch this video right now.

RICO inspired Illinois law

It will be interesting to see whether this new Illinois law does anything to curb the gang violence in Chicago.

2011 Graduates and the Job Market

In light of this article, I would like to know how my fellow 2011 law school graduates are faring in the job market. Are people where they expected to be post-graduation? If they had a crystal ball, and knew what the outcome would be, would they still go to law school?

Slightly delayed, but congratulations to my alma mater, Michigan State University College of Law, for jumping up in the 2012 law school rankings. I am proud to be a spartan!

The use of social media in jury trials

This article intrigued me.

The way I see it, social media has forever changed the way we practice law. I realize this is not an earth shattering statement. However, when one considers the implications of what social media has done for the future of jury trials, this is a powerful statement.

Surely, before the technology age, public opinion was used to develop trial strategy. I have previously discussed how powerful a tool twitter has become for the dissemination of important information. But did anyone ever envision, when sites such as twitter and facebook were created, that social media would be used in such a powerful way? Is the use of twitter in this manner a positive direction for the future of jury trials?

Perhaps. I suspect that the use of social media makes us better attorneys.

On a related note, there will be a legal chat on twitter on this topic today at 11am (information found here.

Remember the Marathon Runner: My experience on passing the Illinois bar exam

I realize that each bar study experience is unique. This is what I did to pass the Illinois bar exam. I know this means that there are some people reading this that will have fundamental disagreements with what I am saying. I am not saying that other things will not work. This is what worked for me.

1. I took Barbri: I attended all but two of the lectures (which I watched online).

2. I initially followed Barbri's instructions to the letter: After the two weeks, I started to see what was working and what was not working. I gave Barbri's tactics a chance. I reassessed at each practice test whether Barbri's tools were working, and reassessed again after the midpoint practice MBE.

3. I used other materials besides Barbri study aids: A friend of mine had lent me Kaplan PMBR books. When she gave them to me, I wasn't sure what I was going to do with them. The 30 pound stack of Barbri book seemed more than adequate to teach me everything I knew. However, after the midpoint practice MBE, I was seriously afraid of Failing The Bar. Thus, in addition to Barbri's schedule of practice MBEs, I added 50 more MBEs each night.


What did not work:
a. Barbri's outline format: I quickly determined that the Barbri outlines, while comprehensive, were not sticking in my brain. I was pretty sure this would be the case before I started studying, because I was never a list-outline-studier in law school. Rather, I was a chart-maker and chart-studier. After I discovered the outlines were not working, I started making charts for every topic on every subject that was in the outline. I used the outlines for the substantive material that was placed into my charts.

b. Barbri's comprehensive books: Barbri creates a several hundred page outline for the big topics: These outlines were daunting and not useful to me. I didn't study them unless something confused me on the outline which was completed in class that day.

c. Using my law school materials for bar study: Unrelated to Barbri, but attempting to use these materials just made me panicked and confused. I was one of those perfectionist law students. Thus, my initial mindset was that I had to "ace" the bar exam. This is the attitude that will make you fail the bar. You really only need a "C" on the bar exam, and if you strive for higher than that, you will undoubtedly stress yourself out to the point of Pure Panicked Crazy Bar Exam Studier.

What worked:
a. Barbri outlines, in fill-in-format, for lecture: At the very least, the fill-in-format kept me from falling asleep.

b. Seven million mnemonic devices: Barbri gives some pretty helpful mnemonic devices. I also created my own where I felt it was required.

c. Practice MBE questions: See below regarding other materials used. As I discuss below about the Thing I am Most Afraid Of, one of these was the MBE portion in its entirety. Thus, I did as many MBE questions as I could get my hands on. After each MBE set (after I read the explanations of the answers), I would make a hand-written list of all of the questions I got wrong, with the right answer. Then, before I did a new set the next day, I would read my list of incorrect answers. I think what most people discover if they do this is that they consistently get the same questions wrong. Even if you think you're getting different questions wrong, they are most likely the same kinds of questions, packaged in a new way.

d. Practice essays and MPTs: I did as many practice essays as I could get my hands on. I attempted to do more essays on topics I was most afraid of. This was my mantra all through law school and did not end at the bar exam. I sat down and really thought about this question: What question, if asked on the bar exam, am I the most afraid of? I then spent time seeking out essays in the essay book (they were there, of course) that answered these questions.

e. Practice MBEs: As much as they seemed like the last thing I wanted to do, those practice MBEs really placed me in real-world conditions. I never did very well on the practice MBEs, which knocked my confidence down to the point where I knew I had to keep studying or I would fail.

Here are some common questions/concerns that people have while studying for the bar:
1. Should I take a bar prep class offered at my school? I didn't. I know people that did, and they still passed the bar. I'm not sure if it helps one way or another. My approach was to take the time given to me during the 9 weeks before the bar exam to focus on the bar exam. I spent the time before that on studying for law school exams (yes I still studied as a last-semester 3L), moving into a new apartment, and looking for a job. I knew that if bar study was anything like the way people had described it, I would be tired enough of studying by the end of the 9 weeks. I didn't need an additional semester to stress over the impending doom of the bar exam.

2. How many hours a day should I be studying? This is different for everyone. On lecture days, I studied 2 hours before lecture and 4 hours after lecture. On non-lecture days, I tried to put in a solid 8 hours, minimum. After Barbri ended, I broke my days into 3 4 hour periods, with a schedule of topics to review at each period. Example:

Morning: 50 MBEs, review MBE & write out wrong answers.
lunch
afternoon: Review Agency & Partnership
Agency & Partnership Essays
Dinner
Evening: Review Conflict of Laws
Conflict of Laws essays

I cannot stress enough how important it is to have a schedule, and to be ok with breaking your schedule if something goes awry. For example, I distinctly remember that there were some topics I could not spend 2 solid hours reviewing. There just was not that much material. These topics I focused more on making sure I understood how to reason out an essay. There were other topics that, after reviewing for days, I still could not, from memory, reason out an essay. In this case, I took my charts (remember I made charts from each outline) and reasoned through some essays with the charts visible. Attempting to trick yourself does not help you in the long run if you cannot remember what a secure transaction is (for example).

3. How do I handle the stress?
This is different for everyone. I was told not to give things up that you did in law school. This was a unique experience for me, because I moved back to my home city right before the bar, so NOTHING was the same. I made sure that I had some relaxation time each morning and each night. Also, I made sure I got a solid 8 hours of sleep a night. Also, if you are a person who is easily stressed out by the stress of others, I would recommend not attending Barbri lecture. However, if you do attend lecture, and you hear other people talking about how easy it is to study for the bar, be aware that everyone is a Filthy Liar. People handle stress in different ways. Some people lie and tell people the bar exam is easy.

4. How do I explain to my family members that I am studying for the bar?
My strategy was to ease into this. Honestly, you're not going to be sweating and panicking on your first day of studying, or even your first month. If you are, please save that for the last 4 weeks before the bar. I attended engagements with friends and family up to the last 4 weeks, within reason. However, every time I saw them, I made sure to talk about how much time studying was taking up. Furthermore, I prepared them for the fact that, come July 5th, they should not be concerned if they didn't hear from me. This worked for me, but I was also away in Michigan for 3 years in law school so I think most of my family and friends were used to me rejecting their invitations in favor of studying.

Here is my bar exam speech: The bar exam is horrible for everyone. From what I've been told, it's even more horrible if you fail and have to re-take it. It may seem like you're studying forever, but it's only 9 weeks. 9 weeks and you get to be a lawyer forever. If you are taking the bar in the summer, you're missing one summer for the rest of your life.

The dean of my law school hung these posters, in every law school classroom the week before finals. They said "Remember the Marathon Runner." Underneath, there was a picture of men in suits running to the finish line. After surviving the bar exam I can tell you that bar study is your marathon training, and the bar exam is the actual marathon. Studying for the exam is test of endurance, courage, strength, and diligence.

I can also tell you that if you walk into the bar exam as prepared as you can possibly be, the most scary part of the actual exam is the energy of everyone else panicking. But it won't be you panicked, because you will have already trained for the marathon, and will be ready to cross the finish line.

Please feel free to email me (or comment) with questions!

Law School Debt & Living on the Government's Dime

This article presents a very real look at the state of the legal market as it relates to debt.

With regard to the discussion of income-based repayment,[1] as a May 2011 law school graduate, I can vouch for the fact that this is one of the only options for new law school graduates who do not go directly into Biglaw.

I had the special circumstance of graduating in May, right before a new Direct Loan website was rolled out. In November, after calling on a daily basis in an attempt to get through to a live person, I was told by a Direct Loan representative that I was going to have to make payments on my loans, in full, until my IBR application was processed (you know, the one that wasn't available until well into October, due to aforementioned new site roll out). When I point blank told the representative that there was no possible way I could make my monthly payments in full, I was graced with the following question, "What would you have done if IBR was not an option?" [2]

I absolutely LOVE my job, but it honestly does not pay me enough to make the full monthly payments. It is my first paying job out of law school, and I am certain that one day, this will not be the case. However, I am a rare breed of person that went to law school because I passionately wanted to be an attorney. I wanted it so badly that I left my well-paying marketing job to attend law school full time. My point is that I did not attend law school to make piles of money. Thus, (maybe naively) cost was not a major factor for me when attending school. I could care less how much debt I was going to end up in, because I could not spend one more day in marketing. Granted, the economic crisis was just coming to a head when I left my job in 2008.

So here is the question: After knowing what I know now about the state of the economy and the state of the profession would I still attend? Absolutely. I realize it makes me sound like a millennial brat that I am more than willing to borrow the government's money so that I can (gasp) live a happy life. Given that I was born in the 80s, and have, my entire adult life, understood debt to be a way of life, I'll take debt over misery every day of the week.

However, I appreciate what this article is attempting to accomplish. Being someone who really wants to practice law, I can recognize that a warning needs to be sent out to those that attend law school for another purpose. I look forward to seeing the changes in the legal market. [3]

I would welcome thoughts and opinions on this topic. I know it's a familiar topic for my generation of new attorneys, and there are some very polarized views.

[1] Hereinafter referred to as IBR
[2] In my most serious lawyer voice, I told the representative that I was informed in my debt counseling [which I attended near the end of law school at my school] that it would be an option, based on the amount of money I make.
[3] I am certain, however, that this article will spawn a hefty commentary from bitter law school graduates who were already not happy with the state of the profession.

Re-introduction

Dear Readers,

I considered changing this blog after the completion of law school. However, 7 months after graduation, I continue to come across articles and issues that are relevant to the issues of the first amendment, legal ethics, and technology. When I thought about it, I became a little sad at the idea of completely abandoning that unique topic. Thus, this blog will continue to have the same focus it has. However, since I am no longer writing this blog for a law school course, I will occasionally veer off onto other topics as I see fit.

I am looking forward to continuing on the journey!
DAC

Justice Breyer urges improved education at ABA Opening Assembly

This is a topic that is near and dear to my heart. I have young nieces and nephews, and I am often being told by my family members that it is not appropriate to talk about the law and politics because it is over their heads. I see public education as a way to make children understand how to participate in the political process. Justice Breyer points out (among other topics) that three hundred and eight million Americans are not lawyers. Thus, it is especially important for the American people to understand how law and government work.

Here is the video:


and Here is the article from the ABA.

Twitter in the Appellate Court

Appellate Lawyers Challenged to Write Twitter-Length Briefs

Illinois bar journal and twitter

The Illinois Bar Journal weighs in this month about "tweeting". I am a big advocate of twitter as a news source.

Forced haircut=constitutional violation?

This article caught my eye. It might be because the previous hour of my bar study was dedicated to Constitutional Law. Or it might be because I am the new attorney that discusses Constitutional Law issues for fun.

On the one hand, parents have a right to parent their children as they see fit. The issue, though, is that when you place a child in the public school system, whether or not the parent wants to, they are subjecting their child to the rules of the government. Some will say that if parents have a problem with the way that the school is telling them how to parent, the parent should enroll the child in private school. While this is a valid point, as there is no fundamental right to education, the fact remains that children are legally required to attend school up to the age of 16. This places the parent in an awkward place: either they pay the thousands of dollars to put their children in a private school (while still paying tax dollars to fund the public school), or they check their fundamental right to raise their children at the schoolhouse gate.

The most compelling argument, as I see it, is that while the school has no constitutional right to parent the child from 8am-3pm, the purpose of school is greater served by allowing the school to have a little constitutional leeway. At school, children are taught math, reading, english, science, and the like. However, the real lessons they learn cannot be found in a textbook. School teaches the children to play fair, get along with others, follow rules, and respect authority. Furthermore, it gives children a voice. At school, the child can form his or her own political beliefs, those which might stand in opposite of their parents'. Therefore, while I cannot argue with the parent's constitutional right to raise children, I think a child is best served, as the future of our country, by granting them the ability to fight their own battles. While it appears that the public school is parenting, what it is really doing is forcing children to think for themselves politically.

Kids on civics

In this month's ABA Journal, there is an article titled, "Flunking Civics: Why America's Kids know so little."

I found this to be interesting timing, considering that Honorable Wallace B. Jefferson of the Texas Supreme Court spoke at my law school graduation on May 13th about this very subject. I found his remarks regarding the need to educate the youth and laypeople to be riveting. This is a topic I often discuss amongst my friends and family, and a topic that requires attention.



**Please note that this blog will undergo some revamping, and I am considering starting a new blog to cover a more general discussion of law.

JD.

Congrats to all my fellow 3Ls from Michigan State University College of Law, and those at other law schools! We made it!

Chicago Bar Association Ethics event May 13th.

I know I sais I was going to be absent, but it's hard to stay away when there are so many important things happening in legal ethics land.

This event is right on point for what I have been researching for the past 4 months. Sadly, it is being held on the day I am graduating from law school. If anyone attends, I would love to hear the talking points of the presentation.

Blog thanks

So my blogging about legal ethics is "officially" done. But that doesn't mean I'm going anywhere. It just means I'll be blogging about all topics related to law, including legal ethics. This blog began as a project for a class (fun right?)

Who would have thought you could take such a fun class in law school? Well, you can at MSU Law and I did. The class is called "Topics in Professional Responsibility: The First Amendment and Regulation of Lawyers' Speech."

Frankly, I registered for this class because a) I needed a "paper" class to lighten my last semester 3L exam schedule, b) PR is interesting to me, and c) This same professor taught me PR and I felt in sync with her teaching-style.

But when I prepared for the first day of class, I noticed that the professor indicated on the syllabus that if you'd already completed your Upper Level Writing Requirement (I had), you could be a little more creative with your final paper than the standard 20-something page paper, with 200-something end notes, 12 point, Times New Roman font.

So I just wanted to take a moment to thank Professor Knake for allowing me to be more creative with my project. In addition, I would highly highly recommend that if you attend MSU Law to take Professor Knake for PR or any other class she may offer, because besides really having a passion for teaching, she treats students not as students but future lawyers, and colleagues. I can honestly say that I enjoyed taking both of her classes. (By the way-her Legal Ethics Blog can be found here).

I learned a great deal from this project. Aside from the substantive knowledge regarding lawyer regulation, I learned alot about networking and ALOT about blogging. Also, I feel as though this is a blog I can be proud of and fully intend on using it in future discussions with employers on what sort of impact law school had on me.

Absence

Please excuse my absence, while I try to get through my last 3 law school finals ever. (and by the way, this cartoon could not be more accurate. I lay out the factors of the Zelman Formal Neutrality test in my sleep. Including the proper usage of the Lemon test and Lemon-Agostini test as applied to government aid in religion. *yawn*)

Twitter is the future of America

Unrelated to the topic of legal ethics, but this article intrigued me. Social media is powerful. While twitter lags behind Facebook in users, it is my prediction that within the next 5 years, it will be the main source of news for Americans.

I have a personal twitter account, mostly for the networking potential. Last night, I was studying for law school finals when people started tweeting about how the president was going to address the nation at 10:30pm. Before I even had a chance to turn the television on (and, uh, find CNN on the channel lineup), people were already tweeting about how Osama was dead. There you go. Granted, I still turned on the television to watch the actual presidential address. However, while the tweeting was happening, I kept thinking about how if I had not been on twitter I would have missed a big important event in America.

Then this morning when I read the above article about the man who was live tweeting about the attack, it sealed the deal for me: For those that don't "get" twitter, this is it in a nutshell. It's what is going on each person's corner of the world, 140 characters at a time.

ABA Commission seeks comments on changes to MR 5.4 and 5.5

The ABA Commission on Ethics 20/20 seeks input on possible amendments to the alternative business structures rule (best known as Model Rule 5.4), and the practice of lawyers across borders (thus requiring a possible amendment to Model Rule 5.5).

Interestingly enough, Model Rule 5.4 is one that has been discussed often as having a strange result in the business context. It will be interesting to see what sort of comments are sent into the ABA. However, I have strong concerns for increasing conflict of interest under this rule.

The #1 rule of professional responsibility in the news

This lawyer broke the #1 rule of professional conduct: Don't have sex with your client.

*It is actually Model Rule 1.8, but, even a law student who sleeps through Professional Responsibility remembers this rule. It's also the rule that law students cite when attempting to explain to their family over Fall Break, that yes, lawyers are ethical, and yes, we have rules that we have to follow.