Some Thoughts on Becoming a Lawyer* animates the letter of the law – before memorizing.
For
"The world has its fing at lawyers sometimes,
but its very denial is an admission.
It feels, what I believe to be the truth,
that of all secular professions
this has the highest standards."
- Mr. Justice Oliver Wendell Holmes
Get clear on the why. — “He who has the why can bear
almost any how.”1 If the why is not clear yet, that's fne. We
will get to refne them along the way, anyway. Not
infrequently, though, the answer will be found where we
least wish to look.2 For now, congratulations on undertaking
one of the worthwhile pursuits of your lifetime.
Don’t claim it. Earn it. — We’ve heard the cliche:
“claim it already, etc.” We are not justifed to claim
something that is not ours yet. This covetousness, in fact, is
proscribed. Instead of claiming it, we need to earn it
everyday by preparing well. Who and what we are to be we
are now becoming. So, let us make each day count, for the
struggle today is not only for today; it is for the vast future
also.3 It will be diffcult, but it can be done.
Have a system and a schedule. — In law school, piles
of readings are a given. Professors will assign numerous and
voluminous cases to read, arcane codal provisions to
understand (some, if not all, of which to memorize), and
esoteric concepts to comprehend. What compounds the
challenge is the limited time within which we are to read,
understand and memorize them. To go through this, we
have to prioritize and take things one at a time. That's
where a system and a schedule come in handy. A system is a
set of built in structure we have so that we don't get lost in
the noise that comes along with the confuence of diffculties
and time constrains we'll be facing ahead. An important
part of having a system is having a schedule. For Anne
Dillard, "a schedule defends from chaos and whim. It is a
net for catching days. It is a scaffolding on which a worker
can stand and labor with both hands at sections of time... It
is a peace and haven set into the wreck of time." We have to
organize each day and allot time for all our activities to
track down what's going on for us, whether or not we're on
par with our readings and with our life in general, and so
that we can block in time for rest, recreation and the pursuit
of things we're most passionate about. At bottom, it's about
the organization of life, more than just an organization of
time.
Find out the study method that works. — We
already, at least, have an idea on how we study. Try
implementing it while improving on it along the way. While
there are a lot of things to memorize in law school, we frst
have to understand the reason behind them – the spirit that
* Joshua Barrieta
1 F.W. Nietzsche.
2 C.G. Jung.
3 A. Lincoln.
when we deeply understand the topic, it will be easier for us
to memorize and retain them long term. In addition,
regardless of the study techniques and methods we employ,
we will have to balance quality and speed. Law school and
bar exams cover numerous topics. Some students and
baristas fnish reading all of them, some even do two, three,
four readings, but some read only the most essential parts.
Which method is correct? Not one method is the only way.
Trust your methods; it might work. The point is, so long as
we don’t sacrifce quality over speed, but study in a pace
that is not too slow, we’re good to go.
Order of materials to study. — There are at least three
materials we need to study per subject: (1) the codal
provision - that is, the law; (2) the annotation - the books
explaining the codal provision/law; and (3) the cases/case
law - the Supreme Court decided cases which, forming part
of the law of the land, illustrate the law's application. Read
the codal provisions per chapter frst to have a grasp of the
intended topic to study. After familiarizing them, study the
annotations/books that explain what they mean. The legal
annotations are the explanations of legal luminaries on the
law, which often already incorporate cases decided by the
Supreme Court. After reading the law and the books, read
the cases to see how the laws are applied in real life by the
courts.
What to read in cases. — In reading cases, we can use
the Supreme Court Reports Annotated - the book form of
published Supreme Court Decisions, among others. Here,
the case begins with a "syllabus." It is an excerpt of the
topics discussed in the entire case. We can use this as notes.
After the syllabus comes the actual case itself. It starts with
the (1) Facts - what happened, followed by (2) the Issue/s -
what should be resolved; and (3) Ruling - what did the
Court say to resolve them. In the ruling part, we will see the
lower court's/tribunal's ruling, the Court of Appeals' ruling
and the Supreme Court's ruling. Take heed of the Supreme
Court's ruling because it is what's controlling or the last say
on the matter. Note, however, that on some occasions profs
might inquire on how the lower court/s/tribunal/s and the
Court of Appeals ruled. Other resources include: (b)
Supreme Court e-library; (c) Lawphil; (d) Chan-Robles; (e)
CDAsia; (f) etc.
Make your own case digest. — Cases are usually
lengthy. That's why we need to abridge them by noting
down only the necessary details: (a) facts, (b) issues and (c)
ruling. It is making a short but concise version of the case.
To do this, look at the case syllabus given by the professor
and get only the details of the cases pertaining to the topic
under which they are assigned. If there are numerous cases,
you could opt to have a digest pool with your classmates,
i.e., assign the cases to each member of the class, digest
them and share your notes with one another. Making our
own case digests will help us when reviewing for recitations
and get better in issue-spotting for the exams.
Recitations. — 90% of the time, there are always class
recitations. This tradition is unique to the legal profession in
order to train lawyers this soon to argue for a case in court
or other tribunal or platforms. Thus, we need to prepare
everyday for this by studying well. A quick point: let's just do
our best. If recitation goes well, we celebrate it. If it does
not, let's not be hard on ourselves for we can always try
again, try better.
Answering exams. — Exams are usually situational
problems. Here, our issue-spotting skills will be called into
action. In answering the questions, we need to have a
system this early. Try this: C.L.E.A.R. C- categorical
answer. As much as possible, our answers should begin with
a categorical Yes/No. L - then, we cite what the law says
about the problem. E - explain thereafter what that means,
A - apply the law to the given problem, and state the R -
resultant conclusion, i.e., make a short conclusion.
Patience. — Things take time; and so should we.
Throughout law school, we might not meet the schedule we
set. And we will feel behind on our lessons, that we’ve not
read enough, that we don’t know enough, that we’re not
prepared each meeting for recitations and exams. This is a
good time to practice the virtue of patience. Do not be
discouraged by the occasional laxity, but always rise with
fresh courage and begin again with joy. Adjust. Reset.
Bounce back. Don't quit. “If a string is in a knot, patience
will untie it. Patience can do many things – did you ever try
it?”4
Cast a vote.5 — The winner in an election is not someone
who gets all the votes. The winner needs only a majority.
The same thing is true in our study of law. We will be
preoccupied with a lot of things, but we must refect on
whether or not the thing we are doing or about to do casts a
vote for what we want to become/attain. Our daily activities
need not all be about studying the law. We only need a
majority, or perhaps 2/3 to increase the odds of our success.
and the things or pursuits we're most passionate about. Find
time to connect and reconnect with them. They are our
source of joy. And they make life worth living. Never let law
school make you forget who you are, or at least a part of
you, before entering its halls and doorways.
Execute and enjoy the process. — Execution is a great
expression of faith. Believing that we will be a lawyer is just
the beginning of the equation. We take the next step: we
make it happen. This is not about wishful thinking.
Becoming a lawyer is precisely that — “becoming.” It’s a
process. It's a verb. It’s in the progressive tense. It’s not in
the past, although everything we learn will accumulate; it’s
not solely in the future too. It’s happening right now. Are
you making it happen?
Pray. Embrace the faith. — For St. Thomas Aquinas,
prayer and study are roughly the same. When we study, we
search not only for knowledge, but for truth and wisdom.
When we pray, we behold6 the presence of Truth and
Wisdom. From here, we can draw the necessary
conclusions. Sometimes, though, it’s hard to have faith,
especially when there’s no apparent evidence for it or when
circumstances hint otherwise. Here’s a great prayer for
those who believe: “Lord, I do believe. Help my unbelief
(Mk. 9:24).” Rest in the thought that “the grace of God far
exceeds any human effort.”7
Finally, — “Cold or warm, tired or well-rested, despised or
honored, just do the right thing, the rest does not matter.” 8
In Rilke's refrain, “Let everything happen to you: beauty
and terror. Just keep going. No feeling is fnal.”9

Be your own hero. — The Bar Exam is a long way away

and we're just on day one of law school. Murphy’s law
might just be looming around the corner. Problems will
come, people will leave, our heroes will let us down. What
are we going to do about it? We have to be our own hero —
be our own role model. In the face of exhaustion and
anxiety, we have to be (and give) our best. If we're lucky to
have supportive families and friends that bring out the best
in us, let's appreciate and be grateful for them. They are a
great source of encouragement and support-system that we
will keep turning back to throughout our days in law school.

Have a life. — There's more to life than law. There are

other things that matter which we should not take for
granted – our faith, ourselves, families, loved ones, friends
4 A.M. Pratt.
5 J. Clear.
6 Dimly, as in a mirror, says St. Paul in his letter to the Christians of
Corinth (1 Cor. 13:12).
7 St. Thomas Aquinas, Summa Contra Gentiles.
8 M. Aurelius Antoninus, Meditations.
9 R.M. Rilke, Go to the Limits of Your Longing.