What Actually Happens In Law School Part I

Recently counseling a number of potential law students, it became clear to me that that there are misconceptions in general society of what occurs during law school, and for what the curriculum prepares its students.

 In hopes to be helpful, I am going to start by describing the generic law school curriculum, and then respond to some of the misconceptions. Be advised, however, that this article is limited by my own exposure, both to my own law school experience and to those of friends and collogues who have shared their own experiences with me. 

I can't speak for law schools in other countries, and can't say for sure that there are not exceptions to this. That said, because of the nature of legal study, its likely that even where institutions seek to be "cutting edge," the information I provide here is likely to be consistent across years and communities, at least within the United States. 

Law school curriculum, despite its vast difficulties, may (in a sense) be seen as basic, driven by three interests: core subject matters, practical necessity for future lawyers, and bar passage. 

First, there are core subject matters on which almost all other legal matters are based. These are: contracts, torts, property, civil procedure, criminal law, constitutional law. Consequently, these courses are often taken in the first year of school. The notion is that it would be impossible to truly move forward in legal education or in life as a lawyer without having a general grasp of the major concepts addressed in these classes. 

Second, there are several courses which are so important to the legal profession that most law schools require them in one way shape or form. These include professional responsibility and legal writing. 

Third, there are several courses which are so important to bar passage that many law schools require a certain number of them. These are: evidence, business associations, family law, commercial law, criminal procedure. However, other than specific laws and codes enacted by state legislatures and Congress, most of these, and other, legal subject matters rely on principles established by the core subject areas I above mention. 

 In reviewing this list, you will notice something very fascinating. I mentioned only subject matter courses, not courses that teach lawyering skills like trial advocacy and negotiations. These along with exposure to actual practice through clinics and internships are becoming more and more a part of the law school curriculum for a number of students, especially in their last year of study. 

Unlike other professional schools that are known for their practicums, such as medical school residencies, for the legal profession, the title "lawyer" is bestowed upon one who can properly interpret (explain the meaning of) legal rules and apply them to a given set of facts (e.g. taking a problem a client provides and properly understanding what legal issues are relevant to addressing the client's concerns). 

You'll also notice that I did not discuss the political aspect of the legal system. After all, the text of the law is often a result of which political forces are successful at any given point in time. As will be explained in future articles, political views can also affect how one understands the text of specific laws--and certainly how the constitution should be interpreted. However, contrary to the wishes of many potential community activists and policy wonks, the law school curriculum is not established for the develop an appreciation of all things legal, or to educate people in the art of determining which laws are just, moral, or appropriate for a given society or time period. Although most thinking law students will develop opinions about the role of law in the economy and in society as a whole, and may find themselves becoming fascinated by the democratic theory and other social theories that underlie what legal systems are in place in our society, law school concentrates on the knowledge and skills needed for individuals to function as lawyers in this present age. 

In future articles, I hope to reflect on the strengths and weaknesses of this, and what lawyers I encounter think about this. That is beyond the scope of "what actually happens in law school." See Part II for a discussion of law school exams and thoughts about how to study the law while in law school.