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Audible - Law School Confidential
Audible - Law School Confidential
Audible - Law School Confidential
CONFIDENTIAL
A COMPLETE GUIDE TO THE LAW
SCHOOL EXPERIENCE:
BY STUDENTS, FOR STUDENTS
THIRD EDITION
BY ROBERT H. MILLER
Contents
Pat Closson
Exeter, New Hampshire
3
again. A solid foundation in the law is useful in any pursuit, and the
skills learned in law school are transferable to most careers.
Elizabeth Deconti
Albany, New York
4
Would I do it all again? I honestly don’t know. At times I miss spend-
ing my day studying the perspective of a Renaissance painting. . . .
Now, though, my days are filled with different kinds of excitement—
finding a client a way out of a difficult business trap, arguing hearings,
and developing well-reasoned legal arguments in briefs to courts. I sup-
pose if I had not had the “legal experience,” I would not know what I
was missing. Surely I would have been a very happy academic. As a law-
yer, though, I can keep my love of art history and Shakespeare as a
hobby and have the law as a career. It would have been difficult to do
the reverse.
Bess Franzosa
Durham, New Hampshire
5
The loans I had to take out to pay for law school will preclude me from
becoming a prosecutor for a long time, so my original motivation for
going to law school now seems foolish, or at least naïve. By the time I
have paid off the debt, I don’t know that I will even want to continue to
practice law. I think it is particularly poignant that at a graduation
party for one of my classmates from law school, one of the guests asked
all five of us graduating law students there about our plans. All five of
us said, on the day after graduation, that we weren’t sure we wanted to
be lawyers.
I wanted to be a prosecutor, but joined the labor and employment
group at a large firm because I have to pay back $1,100 per month in
loans. I enjoy labor and employment law, so it may turn out to be a
good change that I’ll stick with. I do wish I had inquired more about
law school and the legal profession before I went into it, though.
Alison Gabel
Brooklyn, New York
6
smart. I didn’t have the foggiest idea what I was going to do with my law
degree.
Through my participation in this book, I hope to give some advice
about getting through the many hard, negative parts of law school. It’s
important to focus just as much on enjoyment as achievement, since
much of law school is so competitive, and you can’t win everything. I
want to help people understand how to achieve, get better grades, and
be successful on the job search, but most important, I want to help
explain how to keep your perspective in order to come out of the law
school experience a happier, better person for it.
I now practice trusts and estates at a big law firm in Manhattan. I
like both my job and my firm. From first to third year, I learned a great
deal about balance—I worked hard in school, but I made time for
part-time jobs and tried to keep active socially. I still try to do that to-
day. I have to say that if I could go back, I wouldn’t change much. I
learned a great deal, both academically and personally, and I found
law school enjoyable, rewarding, and valuable.
Megan Hertler
Winslow, Maine
Webster Scholar
I went to a liberal arts school and took a wide range of classes. While
I got good grades, I was never a “natural” at anything; I had to put in
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excruciating amounts of work to get the grades that I got. It always
seemed that other students could spend less time studying and still
perform better than I could. During the second semester of my fresh-
man year, I took a mini law course. It met once a week, and 100 per-
cent of the grade was determined by a law- school- style, issue- spotter
exam. Taking that class, I learned that legal propositions come natu-
rally to me; it took much less work for me to understand the informa-
tion, organize it, memorize it, and excel. I took two other such classes
while in college, and after confirming that I both enjoyed the mate-
rial and that it came easily to me, I applied to law school. My choice to
go to law school was not about money or prestige; I wanted the degree
because law was something that I enjoyed.
I would strongly encourage any undergrad who is considering law
school to take any law classes, or classes on the legal process, that his
or her school offers. That is a good way to determine whether legal
concepts interest the student. Additionally, I think it is beneficial to
have conversations with lawyers. What do they do day to day? What are
their hours like? How do they maintain their work-life balance? Hav-
ing this sort of conversation with several lawyers, preferably lawyers
from a broad range of practice areas, can help to illuminate the life
and work of a lawyer, which will help a person determine whether that
is a life and a job that he or she is interested in pursuing.
Allan Kassenoff
West Orange, New Jersey
After graduation: associate, Kaye, Scholer, Fierman, Hays & Handler, NYC
8
I decided to go to law school because the work involved seemed both in-
teresting and stimulating to me, and because it pays well. I enjoyed law
school. Once you get the hang of it, it is a rewarding experience. I am
now practicing litigation at Kaye, Scholer in New York City. From day one
of law school, I always planned to work at a large New York City firm, and
it has worked out well. I love what I do 90 percent of the time.
9
the perfect marriage of my interest in helping those who are not in a
position to help themselves and criminal law. I feel lucky that my hard
work enabled me to get the education I needed to allow me to be the
voice for others and do what I love every day.
Determining whether law school is right for you is an entirely
personal decision, so it’s important to take the time to gather as
much information as you can to make an informed decision. I rec-
ommend reading up on, in books such as this one, what is expected of
you in law school, careers in the legal profession, and the lifestyles of
lawyers, as well as talking to law students and lawyers and even sitting
in on actual law school classes. It is important to be realistic about
your interests and abilities— you know yourself the best, so carefully
evaluate your study habits and time- management skills, your ulti-
mate career interests, and the type of lifestyle you want to have. If
you do not like competitive environments, hard deadlines, long
hours, and doing lots and lots of reading, law school is probably not
for you.
Keith Koegler
Bronxville, New York
Like many people, I backed into law school. At Amherst, I received the
classic liberal arts education, which meant that I didn’t really start
thinking about a career until my senior year, when I began scrambling
to find a way to support myself after graduation. I chose to paralegal
10
for a large national law firm for a year because I couldn’t think of any-
thing better to do. The experience was miserable, and after a year I
applied to law school because what else was I going to do with my B.A.
in history?
I now work doing corporate securities work for a start-up technol-
ogy company, and I couldn’t be happier. My hours are reasonable, the
work is interesting, and the people are fantastic. But I think I’m
unusual—most of my friends are at large national law firms and are
miserable.
I went to law school because (1) I was told by a number of people that
law school teaches you how to “think” in a way that even the best un-
dergraduate education does not; (2) because I felt that no matter what
career I ultimately chose, even if I decided not to practice law, people
would take a woman with a law degree more seriously than they would
take a woman without one; (3) because I thought that a law degree
would open up more opportunities for me; and (4) because I majored
in history in college and I wasn’t sure what else to do with that degree!
I don’t regret my decision to go to law school at all, but I think this
is because my father was generous enough to pay for it. As a result, I
don’t have to worry about paying off student loans, and I was able to
11
take the kind of position I really wanted. I got a terrific education and
a degree that has opened up opportunities to me that I would never
have had without it. I also feel that people take me more seriously
when they find out that I have a law degree.
Having said all this, I would not necessarily have made the decision
to go to law school had I been required to pay for it myself. I have a
number of friends who are very unhappy practicing law, but cannot
leave their jobs because they have to pay off enormous student loans.
After struggling through a tough three years in law school, they are
now stuck in jobs they despise for the better part of the next decade. I
enjoy my present job, working in a smaller law firm, in a smaller com-
munity, where I am getting a lot of hands- on experience, and where
the work I do actually impacts clients I know and talk to. Knowing
that if I ever stop enjoying it, I could just decide to do something else
without worrying about having to make loan payments makes a big dif-
ference.
Shruti Krishnan
Dallas, Texas
12
before deciding to go to law school. I have a science background and
wanted to be able to use that, so I became interested in patent law. In-
stead of just taking the patent bar and becoming a patent agent, I
wanted to pursue the J.D. so that I could also litigate if I wanted to.
I would advise anyone thinking of applying to law school to try to
get an internship at a law firm where they can shadow an associate,
work with a paralegal, or work as a file clerk to get an idea of what life
is like at a law firm. You owe it to yourself to see it on the inside to de-
termine if you think you yourself could do it in the future.
Yvette Y. Robinson
Boston, Massachusetts
13
writing, and expressing my ideas in words. I would advise anyone
thinking of law school to spend some time working for an attorney to
get a real sense of it. When I did this, I relished the challenge of think-
ing on my feet and developed a thick skin for criticism. You have to be
willing to put your work on the table and take the heat. You also need
to appreciate not only the subject matter, but the environment, the
personalities, and that not every day is going to be like what you see on
Law & Order.
Patrick Sinclair
Shirley, New York
14
John- Mark Turner
Chapin, South Carolina
After graduation: law clerk, Hon. Michael Murphy, United States Court
of Appeals (Tenth Circuit), Salt Lake City
Associate, Sheehan, Phinney, Bass & Green, P.A., Manchester, NH
Like a lot of people, I fell into law. I had gotten my undergraduate de-
gree in math, which I didn’t find to be particularly marketable. Teach-
ing jobs were plentiful, but after a year of teaching, I found that I
didn’t enjoy it. I considered graduate school, but my older brother was
just finishing up his doctoral dissertation in math and hadn’t enjoyed
it, so I decided I’d take a different path. My girlfriend at the time (now
my wife) was taking the LSAT, so I did too. As I waited for my scores, I
started to really get into the idea. I attended a few conferences and
talks at Tulane Law School that were open to the public and became
intrigued by the perspective that professors, lawyers, and law students
brought to bear on issues that mattered to me. It was a pragmatic,
“let’s get things done” attitude. For me, college was spent developing a
firm idea of all the things that I wanted to change about the world, but
it didn’t give me the tools I needed to bring about those changes. A
legal education offered the ability to develop an attack plan and to
advocate forcefully for the things I believe in.
Before you apply to law school, you need to answer that kindergarten
question What do I want to be when I grow up? More specifically, do you
understand what it means to practice law for a living, and is that what
you want to do? Sometimes, it is difficult to get a good sense for what the
practice of law is like unless you are able to observe it firsthand. You may
15
want to consider spending some time as a paralegal or interning in a law
office to get a better sense of it. You might also want to get to know law
students and get their reactions to their summer jobs.
As in any career, practicing law has pros and cons. The hours are
long, but they are usually happily spent in absorbing material. Much of
your time is spent fighting or haggling with other lawyers, but it can be
an exciting game of cat and mouse. You might represent people and
causes you find morally repugnant, but you might also change the
world. Before deciding on law, you need to determine if the trade- offs
are worth it to you.
Joel Wattenbarger
Red Bank, New Jersey
16
would consider business school more seriously than I did four years
ago— anyone who is considering a career in corporate law should con-
sider life as a client, rather than as a lawyer!
Know what you’re getting yourself into. I almost applied to law
school as a senior in college, primarily because I didn’t have any idea
what I wanted to do, and law school seemed like a respectable
way to put off the decision for a few years. In retrospect, applying
at that time would have been a huge mistake. I wasn’t then emotion-
ally prepared for three more years of any school (much less law
school), and I wouldn’t have had any clear idea of where I might be
headed at the end of the three years, but I would have been deep in
debt nevertheless. If you don’t know why you’re going to law school,
don’t go.
Steven Weitzman
17
thinking. Nothing better ever came along to replace that aspiration,
so here I am.
Knowing what I know now, I would definitely still go to law school.
It was a great experience for me, and it has led me to a great career.
18
Stafford Loans Detailed Chart
19
*If both subsidized and unsubsidized loans are taken, subsidized loans cannot exceed their
maximum of $8,500 per year, and $65,000 in aggregate. Unsubsidized loans may then be stacked
over the subsidized loans to their own limits, listed in column 2. Subsidized loan aggregate limit
includes loans used for undergraduate study.
**After your school notifies you that it has credited the loan to your account, you may cancel your
loan within fourteen days or by the first day of the payment period, whichever is later.
20
Case Map
21
Bullet Outline
3 1
1 �
22
First- Semester Per formance Evaluation: Part One
Name of class
Grade received
Number of
lectures skipped
Statute/code/
rules–based class
or case law– based
class (e.g., tax- code
based vs.
Con Law based)
Percentage of
reading assignments
completed
on time
Duration of class
period and time
of day it met
Professorial style
(Socratic/lecture)
Male or female
professor?
Seat location
(front/mid/
back)
Did you sit next to
friends or other
distractions
during class
periods?
Brand of commer-
cial outline/
hornbook
used
Did you use the
commercial
outline as
directed by
chapter 9 of
this book?
Did you
participate in a
study group?
23
First- Semester Per formance Evaluation (continued )
Number of times
you went to office
hours
Did you attend
the review session?
Did you make
your own outline?
Did you make
your own bullet-point
outline,
map, or checklist?
Which?
How many sample
tests did you take?
Was exam open
or closed book?
Was exam essay,
multiple- choice,
or mixed?
Was exam a take-
home
or in class?
How did you
spend the night
before the exam?
How many hours
of sleep did you
get the night
before the exam?
Did you wake
up feeling well
rested?
What did you
have for your
preexam meal?
Did you eat or
drink anything
during the exam?
24
First- Semester Per formance Evaluation (continued )
Where did you
sit in the exam
room?
Were you
bothered by any
distractions in
the exam room?
Did you take a
bathroom break
to clear your
head?
Did you take
time to read the
questions
carefully and
outline a response
before you began
writing?
Did you organize
your exam
answers well
with headings,
letters, and
numbers as in a
memorandum?
Did you write in
blue or black pen?
Did you skip
lines and write
on only one side
of a page?
Did you print,
type, or write
legibly?
Did you have
problems with
time?
Any other
thoughts
25
Majors
Business/Finance/Commercial Law
• Accounting
• Corporate Tax
• Partnership Tax
• Closely Held Corporations
• Corporate Finance
• Antitrust
• Commercial Paper
• Mergers and Acquisitions
• Securities Regulation
• Bankruptcy
Constitutional Law
• Administrative Law
• Federal Courts
• Constitutional Criminal Procedure
• Constitutional Litigation (Section 1983)
• Education Law
• Employment Discrimination
• First Amendment
• Conflicts of Laws
• Immigration Law
• Any upper-level seminar on specialized topics in
constitutional law
Criminal Law
• Criminal Procedure
• Constitutional Criminal Procedure
• Evidence
• Mental Health Law
• Death Penalty Law
• Habeas Corpus
• White- Collar Crime
• Topics in Criminal Law Theory
26
Family Law
• Family Law
• Wills
• Trusts
• Estate and Gift Tax
• Estate Planning
• Mental Health Law
• Welfare Law
• Education Law
Intellectual Property
• Copyright Law
• Patent Law
• Trademark Law
• Computer Law
• Internet Law
International Law
• Conflicts of Laws
• Comparative Law
• Comparative Constitutional Law
• Comparative Labor Law
• International Business Transactions
• International Environmental Law
• International Human Rights
• International Trade
• Uniform International Sales
• International Civil Litigation
27
Labor and Employment Law
• Labor Law
• Employment Law
• Employment Discrimination
• Federal Courts
• Constitutional Litigation
• ERISA
• Sports Law
Real Estate
• Real Estate Transactions
• Environmental Law
• Administrative Law
• Construction Contracts
• Land Use
• Local Government
• Zoning
• Federal Income Tax
• Estate and Gift Tax
• Wills and Trusts
Tax
• Federal Income Tax
• Corporate Tax
• Partnership Tax
• Estate and Gift Tax
• International Taxation
• Tax Policy
• Advanced Specialized Topics in Tax
28
Salary Comparison Chart
FACTOR Firm: __ Firm: __ Firm: __
City: __ City: __ City: __
1. Starting salary at firm _______ _______ _______
2. Federal income tax percentage _______ _______ _______
3. Federal income tax (row 1 × row 2) _______ _______ _______
4. State income tax percentage _______ _______ _______
5. State income tax (row 1 × row 4) _______ _______ _______
6. City tax percentage _______ _______ _______
7. City tax (row 1 × row 6) _______ _______ _______
8. Total taxes (row 3 + 5 + 7) _______ _______ _______
9. After-tax income (row 1 − row 8) _______ _______ _______
10. Billable-hour requirement _______ _______ _______
11. Salary per hour after taxes
(row 9 ÷ row 10) _______ _______ _______
12. After-tax income (same as row 9) _______ _______ _______
13. Annual rent _______ _______ _______
14. Subtotal (row 12 − row 13) _______ _______ _______
15. Parking/registration/insurance _______ _______ _______
16. Subtotal (row 14 − row 15) _______ _______ _______
17. Public transportation cost _______ _______ _______
18. Subtotal (row 16 − row 17) _______ _______ _______
19. Annual food budget* _______ _______ _______
20. Subtotal (row 18 − row 19) _______ _______ _______
21. Annual entertainment budget* _______ _______ _______
22. Subtotal (row 20 − row 21) _______ _______ _______
23. Billable-hour requirement
(same as row 10) _______ _______ _______
24. Salary per hour after living expenses
(row 22 ÷ row 23) _______ _______ _______
*Refer to Chapter 21 for suggested calculations
29
The Relevance Calculus
Firm: ________________________________
Factor Importance × Score = Total
to you
0 = not important 1 = worst
1 = somewhat 5 = best
important
2 = very important
30
The Relevance Calculus (continued)
Potential to move laterally
Desirability of city
Housing options near the
office
Length of commute to work
Proximity to family
Proximity to close friends
Proximity to significant other
Potential to find a significant
other in this city
Cultural activities
Nightlife
Proximity to favorite outdoor
activities
Sports rooting interest
Other:
*See the Salary Comparison Chart above before scoring this factor
31