Four Things They Don't Teach You in Law School
You've mastered the IRAC method, especially after that formidable civil procedure International Shoe v. Washington case as a 1L. You passed the bar, and now you're ready to be a lawyer … right? Not exactly.
February 28, 2018 at 11:53 AM
6 minute read
You've mastered the IRAC method, especially after that formidable civil procedure International Shoe v. Washington case as a 1L.
You passed the bar, and now you're ready to be a lawyer … right? Not exactly.
There are many things you don't learn in three or four years of law school versus what is really important in practice. After the celebration of finally becoming a lawyer subsides, it becomes clear the grave responsibility we must carry as young members of the bar. There's a real risk that accompanies the decisions you will make. Money and freedom will depend on your knowledge.
While the bar exam is finished, you must understand that your education and hard work has only begun. Here are four things they don't teach you in law school.
|Prepare Like the Professor Will Call On You Every Time
There may be no greater truth when it comes to courtroom presentations, settlement conferences and legal drafting. As the late Johnny Cochran said, “preparation, preparation, preparation.” I remember being called on by the professor a few times under the Socratic method, nervously reciting the rationale, in large lecture classes. I would often sigh in relief when I wasn't chosen to be embarrassed because of the lack of preparation in my brief.
When you become a licensed lawyer, you are held to a different standard. Your judge, partner, jury or client will reasonably expect you to have an answer to every issue that is presented. The real legal world will no longer allow you to passively wait until you are called on—clients assume you are competent. Clients would not agree to meet with you unless they believed you had the requisite skills. The mastery of law is not always intuitive, and it will take time to know your subject area. It requires professional exposure to different types of legal issues.
Substantive knowledge alone will not be enough to produce success in a field that relies greatly on technique and style. Knowing the facts of the case regurgitated by memory is insufficient. One of the qualities of an accomplished lawyer is their knowledge of the law, however, it is a great lawyer who uses that knowledge in a matter that relates to others. Take some time to understand the styles of others, and observe those you admire in court. Try to emulate their mannerisms and utilize what you like the best, but always stay true to your style.
|It's a Round World—And a Really Small Bar
Contrary to conspiracists and Kyrie Irving trolling the media, the Earth is not flat. For better or worse, we will constantly meet the same judges and lawyer adversaries. Appreciate their points of view and the difficulties they encounter that may prevent them from meeting your expectations and deadlines. You will soon see that you need their understanding, from matters ranging from missing discovery or showing up late to a deposition. Even in one of the largest cities in the country, you will be amazed at how small the Philadelphia bar is in practice.
I learned this lesson pretty early in my career when I allowed my passion to win at all costs to overtake my common sense. Let me be clear, we all have the duty to zealously advocate for our clients, and that should always be the priority. But rest assured, you need to know now that you will meet and work with the same lawyers over and over again through your entire career. As new practitioners, lawyers must learn to be professional, regardless of how others behave. Judges will soon get to know you, and have a sense of what motivates how ethical you are in litigation. Additionally, you will get a quick reputation of how you view the practice area, which will affect whether clients will have the faith to put their trust in you.
The court should be seen as a shield to protect justice, rather than a sword to constantly use.
|The Importance of Public Speaking
Law school teaches you how to think, read and write like a lawyer. This is a valuable skill set you'll utilize throughout your career. You are trained to know the law, but you must also give thought to different styles, expectations and demands. Speaking in public often brings fear to most people, but it is the most powerful and effective means of disseminating information. This fear is in our mind, and solely in our mind. Channel this nervous energy as truly visualizing yourself succeeding.
Public speaking as a lawyer can be displayed in several forums from an initial client meeting in a one-to-one consultation, during a cross examination of a fact witness with a judge and court reporter present, or in front of a panel of 12 jury members. A young lawyer must also understand the difference of speaking to different types of people like a medical doctor from Rothman versus a client who is a blue collar factory worker. Speak appropriately when necessary.
Everyone has a personal manner of speaking, and it's a mistake to try to be what you're not. Be yourself. Developing communication skills with different types of people is a necessity for any practice of law.
|Interpersonal Skills Outside the Classroom
Unless you are a solo attorney, you will need to work with a team of superiors, colleagues, paralegals and staff. Communication is essential, and you must treat everyone with sincere appreciation. Remember that the staff is not there to cater to every single thing we need with our new fancy job title. Most often, legal staff and court personnel know more about the law and procedure than most new and junior associates. Always treat their job just as important and stressful as yours. It is also important to have a good professional appearance and manners over the phone. Hold yourself to a high standard to always producing excellent work product. Most importantly, never forget the human component of the case. Our victories (and losses) are impacting the clients we have for the rest of their lives.
Hearing about how something is done, and then actually seeing how something is done are often two very different experiences. Learning in law school and actually doing legal work is no exception. The fascinating journey of law is just beginning outside of the classroom.
Raphael F. Castro, an associate at Pond Lehocky Stern Giordano, is a workers' compensation attorney. He earned his law degree from Widener University School of Law, graduating in 2014 with pro bono distinction.
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