Chuck Hill
Age: 44
Undergraduate School: Texas State University – San Marcos (SWTSU to us old guys)
Undergraduate Major: Finance
Hometown: Plano, TX
Status: Part-Time Evening
E-mail: cwhill@mail.txwes.edu
11/18/09 - Finals came early this year. This is an unusual development for me, since all of my doctrinal classes to this point have had just one exam. However, we have two exams in Civil Procedure. Our first is tonight. I am not too worked up about it, though, as it is just a fill-in-the-blank test. Any trained monkey can memorize a few rules. As our professor says, you can't be a good lawyer by memorizing, but you also can't be a good lawyer without memorizing. So, we have our first test tonight.
On a personal note, I am over my cold. Good thing too, since we have just two more classes till cram time. I am a little stressed out about finals from the perspective of my outlines. I have to get them updated and figure out how I am going to allocate my time studying. I have one final on the Monday after Thanksgiving, then I have back-to-back finals on December 9th and 10th. I have put in for a few vacation days, but I am not sure that I will use them as there is a delicate balance between having too much time to study and not enough. I know myself well enough to know that I get distracted when I don't have adequate pressure.
Speaking of outlines, I am considering not making one for Property. This class has been unlike any of my other doctrinal classes in that we have studied only a few cases. Rather, we have done a bunch of problem solving. Most of the class has been taken up with future interests - one of the few black-and-white areas of the law. Thus, I am currently planning on making up flash cards instead of writing an outline.
I am excited to see the end of another semester as I will FINALLY be a 2L!
11/11/09 - Finals are almost here. It is hard to believe that this semester is almost over. I have to say that twelve hours wasn't as hard as I expected. Of course, it may be the class selection, but I still feel pretty good about my progress. Next semester I will have Constitutional Law with my twelve hour load. We'll see what I have to say about that in April.
Last week we started oral arguments in my Appellate Advocacy class. We have another round this week. It was fun to argue in front of the bench again. Before I participated in the Moot Court competition, I wasn't too sure whether I would enjoy oral arguments. Now, I love it. The give and take with the bench is fun. I also love the protocol. Maybe appellate advocacy is for me after all. But, I don’t think I would be a very good litigator. I'm not cut out for the theater of court.
On a personal note, the cold season caught up with me this week. I stayed home from work today and didn't get much school work done. Being sick on school days isn't much fun. I naturally want to take advantage of a day off from work and get some studying done. Unfortunately, I have to leave for school by 4:00 PM, so I don't get a full day to rest. Such is life as a law student.
Also, the bar exam results came out last week and Texas Wesleyan exceeded expectations with a 93.29% pass rate. It was very exciting to see Texas Wesleyan ranked ahead of SMU and UT. It was also nice to see some of my friends pass. I was at the same time excited for them and jealous. I can't wait for my turn. It seems so surreal that one day you are just an ordinary civilian and the next you are a lawyer. That is so amazing.
10/28/09 - The past couple of weeks have been light enough to allow me to catch my breath, but I can still feel law school like a lead jacket. The constant race to catch up takes its toll. But, I press on by putting one foot in front of the other. Lately, I have been plagued with the feeling that I’ll never get to the end. After reviewing my priorities, I fear that I will not be making the switch from software developer to law clerk any time soon. That has left me feeling a little down lately.
Now that I have sufficiently depressed the room, I’ll see what I can do to liven it up. Classes have been getting a little more interesting. Tonight, our Civil Procedure class is taking a field trip to the federal courthouse in Fort Worth. I am looking forward to meeting Judge Means and hearing his lesson. It is always fun to go to the courthouse.
In addition to our field trip, I am on the cusp of a new writing assignment. We are writing a brief in support of a petition for a writ of mandamus; that’s a mighty long name. This will be the only significant writing assignment this semester, so I am putting my best effort into it. For those who don’t know, a writ of mandamus is an order given by an appellate court to a lower court. Because it disrupts the trial process, it is a fairly uncommon procedure requiring extraordinary circumstances. In a nutshell, it is used when a party feels like a trial judge has abused his discretion resulting in serious harm to the party. In such a situation, the party will stop the trial and appeal to the court for a writ of mandamus ordering the judge to change his course to avoid injury to the party. Our particular case deals with compelled discovery of confidential information. Obviously, no one wants to disclose confidential information, much less to a competitor.
As with my prior writing assignments, I enjoy the process. I much prefer researching and crafting an argument to reading for class.
10/14/09 - I am still swamped. I was able to get caught up last week, but now I am behind again. However, I am not entirely innocent. Last weekend, I competed in the Lower Level Moot Court Competition. As a result, I had to sacrifice some study time. Plus, after the competition, I was exhausted. It was all I could do not to sleep the rest of the weekend. Thus, I am behind again. What’s new?
In case you don’t know, Moot Court is one of the many advocacy skill-building activities the school promotes. The goal of law school is to prepare students to practice. While you do need to learn the law and how to analyze it, you also need to learn how to argue and write. That is what these programs do for you. They are voluntary, but I think that students who forego the opportunity are selling themselves short.
Moot Court is all about appellate advocacy, which requires certain skills. One skill is the ability to argue before appellate judges. This type of argument is very different from trial advocacy - the facts are settled, so it is all about legal interpretation and application.
Thus, the judges are very critical of your courtroom demeanor. Don’t use your hands too much. Don’t make faces. Pay attention while you are not standing at the podium. Answer questions to the entire bench and not just the judge that asked. Button your coat. Don’t use personal pronouns. And above all, NEVER point at the judge! I learned that one pretty quickly. The whole experience was both highly stressful and invigorating.
The competition consists of five arguments, the last of which is before a panel of five judges. Our final panel was heavy duty. We had three appellate lawyers, one constitutional law professor, and one appellate justice from the Texas Second Court of Appeals. I was mentally wiped out by the final round, but I apparently gave them what they wanted - I ended up with a third place finish out of a field of thirty-nine. Not bad for a first-timer. I will definitely come back for more.
10/1/09 - Remember how confident I felt two weeks ago? My schedule was humming along and I was ahead of my reading. Well, forget it. I am way behind now. That is the way it goes in law school. Just when you get everything under control, your professors change pace or assignments come due. For me, it has been a little of both.
The assignment that has affected me the most is my judicial opinion. Yes, we are writing judicial opinions even though we aren’t even lawyers yet. You would think that it would be easy to write one since I have read so many over the last year, but it isn’t. Like all legal writing, there is a formula. Funny thing is, many judges don’t follow that formula. Of course, when you are a judge, no one is grading your work. I should be further along with the opinion, but I slacked on it for some reason and now I am behind the eight ball.
Add to that my impending appearance in Moot Court next week, and I am starting to sweat. The good thing is that I don’t have to write a brief. I just have to prepare for oral arguments. I am excited as this will be my first competition. I hope I do well since this what I want to do when I graduate.
Another exciting event is my internship with an attorney for National Adoption Day (NAD). I just finished our petition and related documents. While it was mainly a bunch of fill-in-the-blanks, it was still very cool to be writing real legal documents. My attorney told me that she wants me to prove up the adoption on NAD. I am already beside myself and the date is more than a month away. This stuff is so cool! I can’t believe that I will be speaking in court. While all of the testimony on NAD is just a formality, it will still be exciting to be in front of the judge, calling witnesses, and proving up the adoption. Did I mention how cool this is?
9/16/09 - So far, so good. It has been a good semester thus far. I have been able to keep up with my reading, I have my outlines started, and I am ahead of my writing assignments. I don’t know if it is my time management skills or just a slower pace, but I am not complaining. I have started getting involved in a couple of activities as well.
I have to participate in a community service project as a member of Phi Delta Phi, so I am participating in the Teddy Bear Immunity project. This is a great opportunity for students to contribute to charity while getting out of in-class discussions. Students buy a teddy bear from Phi Delta Phi, the money collected is given to charity, and the students can use the teddy bear to opt out of class discussion if they are called upon. It is actually kind of fun when a professor calls on you and you simply toss the teddy bear to him.
I am also participating in the Moot Court Honor Society competition this fall. While I am a little nervous about the oral arguments, it is an honor to be invited and it is a great opportunity to develop my skills for appellate practice. As part of the Society, I will also get to work on the undergraduate Moot Court competition. I am really hoping to be a judge. Maybe it is the dad in me, but I love intimidating young people.
Aside from in-school activities, work has been going well. However, I am planning my next move. I am gradually realizing that I may never be able to participate in a traditional internship since I will always need to keep money coming in. Thus, I think that I will try to cobble together a part-time job in software and a part-time job with a firm – a non-traditional plan for a non-traditional student. Now that I have passed the MPRE, I am ready to start sending resumes.
9/2/09 – I am back in the swing of studying now. Last week I was pretty tired. I am still getting used to going to school four days a week. However, I am doing well with my reading. It helps that some of the reading has been sent to us in PDFs. I had a nice weekend since I am not feeling the pressure of constantly trying to catch up on reading. I hope I stay there.
Last week, our Business Association professor gave us a nice talk about our future. In a nutshell, it is never too soon to prepare for your career. You must take care to involve yourself in activities and seek jobs that fit into the picture. According to him, you should always consider how you answer the question, “Why did you choose that activity?” It prompted me to review my plans. I think I am choosing well, but I do have two somewhat disconnected goals.
I came to law school with designs on becoming a low-paid constitutional law attorney litigating First Amendment issues of free speech and religious liberty. However, now I am also being drawn to Legal Aid and working as at attorney ad litem for kids in CPS custody. I had been struggling with ways to tie the two goals and Prof. Snyder's talk brought to light the importance of using your law school time carefully to prepare for your impending interviews. So, now I am trying to figure out which internships, fellowships, and volunteer opportunities I should pursue.
So far classes are interesting. I am really enjoying my Civil Procedure class. Some people think the rules are boring, but I think it is fascinating to see how the notion of jurisdiction has evolved. I guess I am not cut out for criminal law. I also don't think I am cut out for property.
Things on the home front are going well too. They are going so well, in fact, my wife and I are going to expedite our adoption process. We are adopting through CPS and were concerned about being approved in the middle of the semester. I think we are coming to grips with our calling. I just hope the Lord provides.
8/26/09 – I can’t believe that I am already back in school. It has been great to come back and see all of my friends. However, it is a little bittersweet, as some didn’t make it back and one transferred. Just the same, I am reinvigorated to be back in the saddle again.
Over the summer, I took two classes and sat for the MPRE. You’ll have to tune in later to find out whether I passed or not; I don’t have the grade yet. For those who don’t know - and I didn’t until I started law school - you must pass two tests to become a lawyer. The MPRE is one of them. I wanted to get it out of the way since I expect to ramp up my hours from here on.
As I said, I took two classes this summer. One was preparation for the MPRE and the other was Family Mediation. That was a great experience. While I am not planning to focus on family law as a lawyer, I do plan to work with Legal Aid and most of their cases are family cases. We also studied the effects of family conflict on children, a nice addition to the CPS adoption training my wife and I are taking. I was also able to work on a project for the Tarrant County Drug Court. It was great to see what the county is doing to help drug addicted mothers clean up and keep their kids.
Enough about the summer. School is back in session and I am pleased to announce that my schedule is working and I am ahead of schedule on my reading. I am taking twelve hours this semester, so I had better stay on top of it. One of my classes is Appellate Advocacy, which is an appellate writing class. From what I have heard, it is a two-hour class that feels like four. So, I better stay on top of my reading to leave plenty of time for writing. By the way, I have already been called on in class. I think I did ok. Very exciting!
5/20/09 - What a year it has been. I can't believe that I have completed one year of law school, sort of. I am far from being a 2L, but I still feel like I have accomplished a lot. I attended a couple of events for incoming students over the last month and it is funny how far away those first days of law school seem. However, it hasn't really been that long.
I remember the trepidation that I felt back in August. I had no idea what lay ahead. And that is just as well. I think that if I did know, I might not have taken it seriously enough. I don't mean to say that it hasn't been as hard as I thought. But, it certainly hasn't been as strict as I expected and I have loved the professional atmosphere that some of the professors have fostered. I guess that is the old man in me.
Speaking of the unexpected, this semester has turned out to be much more difficult that the last. However, I don't think that was entirely because of school. I had a lot of changes to deal with. As a result, I never felt like I hit my stride in the same way I did in the fall. I don't know if my grades will be affected by it, but I will not be surprised if they are.
The one thing that brought me the most strife this semester was my job. Don't change jobs until you are ready to retire from your day job and start working in the law. That is my advice to the working law student. Of course, I had no choice in the matter. Taking on a new job requires a mental focus that is very distracting to your studies.
I could reiterate all of the same advice that I have offered over the last year, but that wouldn't be a very good use of this space. And, I really don't have much else to add. Suffice it to say that I survived the first year and my marriage is still intact, my kids still recognize me, I still wish I could quit I.T. and clerk somewhere NOW, and I LOVE law school. If you dream of being a lawyer, but are afraid that there isn't enough time or money to get it done, fear not. I am here to say that it can be done. While I am not done yet, this year has shown me that it is possible.
5/14/09 - Finals took their toll on me. In fact, this blog is a little late because I have been laid up with bronchitis for a couple days. I guess my finals planning did not go as well as I had hoped. I took a vacation from work last week to prepare, and I didn’t think that I pushed myself too hard, but I guess I did.
My wife wasn’t too happy with my attitude either. I was definitely feeling the pressure from not following my schedule for the prior two weeks. This is something that I am not happy about and plan to correct immediately. I think the combination of a trial brief that took more work than I thought and having two makeup classes in contracts put me behind. That is bad planning, as I should have expected this trial brief to be difficult, and I knew in advance about the makeup classes. But, we all live and learn.
The good news is that I am on the mend and finals are done. Before I give you my impression of my performance, you should know that I never feel like I performed well until the grades are in. That is especially true with law school exams - you may feel good about your work, but the subjects contain so much gray area that you don’t know how well you did until the professor shows you where the lines really are. Having said that, I think I gave it my best effort. So, if I fell short, at least I don’t feel like I left any points on the table (as they say).
4/29/09 - Classes are over, and it is time to buckle down for finals. It is amazing how fast the semester flew by. I think it is like traveling somewhere you've never been. The trip seems to take longer the first time. Since I've been down this road before, it seemed to go much more quickly.
I definitely don't feel like I am entering finals prep with as much knowledge as I did last semester. My wife says that it is all in my head, and I was just as concerned last semester. She has a better memory than me. That aside, I still feel very concerned that I am not further along. While I am where I should be with the outlines and notes, I don't think I have absorbed as much knowledge as I should have.
So, it is time to turn it up. From here until May 11, I will be sequestered, when I am not working. I am taking the next week off from work and plan to do some old fashioned cramming.
On a personal note, I took an unplanned day off last weekend when I took my kids to our Cub Scout Pack Campout. While we did not stay the night, we did spend an entire day at the camp. We had a good time, and it was a nice respite from law school. It also provided a much needed stimulus to return to my studies.
4/22/09 - I am not as tired this week, but not by much. We are halfway through our second four-day week. The good news is that it is almost over. The bad news is that I am far from ready for finals. It is time to buckle down and make it happen.
Last week’s oral arguments were fun. While we didn’t have the time to make complete arguments, it was still fun to get in front of the judge. I did pretty well, aside from forgetting to breathe. It is funny how nervous you get even though it is just your professor on the bench.
Interestingly, I just met an appellate attorney that said he still has the same problem. I met him at the Northwest Texas Legal Aid open house luncheon today. He is a Wesleyan graduate, has been practicing for 10 years, and still gets nervous before his arguments. The good news is that it gets better once you get started. I felt the same way. I am looking forward to doing it for real.
In other news, the lowly 1Ls finally got to register for fall classes. I am taking 12 hours so I guess I’d better get used to four-day weeks. I am excited about registration since we can finally choose some of our classes. I have decided to take appellate writing since it will specifically support my end goal. This law school thing keeps getting better and better.
4/15/09 – I’m tired. I have been really busy with school work lately, and I can’t find a moment to catch my breath much less get ready for finals.
We turned in our trial briefs last Thursday, but I took little relief from it as I fear that mine is terrible. Self-deprecating to the end.
This week we have been preparing for oral arguments. Let me tell you, reading through my brief again didn’t make me feel any better about it. Naturally, there hasn’t been any reprieve from our regular studies during this time either. In fact, we have three classes of contracts this week and next week to make up for lost days. All of this combined with my commitment to the DVAP committee at the DBA leaves me quite exhausted. But, there are only a few weeks left. So, I need to suck it up a little longer.
This is a nice segue to comment on extracurricular involvement. As a law student, you are bombarded with innumerable opportunities to participate in various groups. Be careful. I attended an informational meeting of P.L.A.Y. last night, and we received an invitation to join the Alternative Dispute Resolution competition. Both of these have GREAT appeal for me given my goals. However, I had to bite my tongue and decline them both. Earlier in the semester, I had to drop out of the Innocence Project as well. I keep relearning that the most valuable asset to a law student is time.
4/8/09 - What a week. I have gone from feeling very stressed to great relief. Last week, I was very stressed out about my trial brief as I did not have a handle on the rule. It was a mess. But, by the end of the week, I had something that was workable and had some of my argument done. By Sunday, I was in proofreading mode. So this week has been much better.
It is funny how changing from predictive writing to persuasive writing throws everything in to turmoil. I am not the only one - most of my class has been in a bit of a panic for the last week, too. The professor barely got out of class on Tuesday before our contracts class started. As soon as we finished talking about last minute proofreading, he was assaulted by a mob of students with questions. I was one of them.
Hey, it’s all part of the law school experience. Plus, this is our last writing assignment. While we do have two more writing classes to take before we graduate, this is our last lockstep writing class and our last assignment. So, while I can’t speak for everyone else, I want it to be my best work. Now, it is done.
So, it is off to Malone’s for a night cap tonight, and then I start the uphill climb to finals. I have a long way to go to get ready, too.
4/1/09 – I’m tired. This has been a very rough week. I am behind schedule on my trial brief and very stressed out. I stayed home from work yesterday and worked on my trial brief all day. By the end of the day, I felt like I had written enough words to have completed it twice. However, I only had one feeble argument completed (about a fourth of the whole brief).
Things got a little better after class last night. It was a nice break from brief work, and the exercises we did in writing class gave me a different perspective on things. I have mainly been struggling to figure out what a trial brief looks like. I thought it was different from our memos. It turns out that it is basically the same, only more persuasive. Legal writing is very structured. Every statement belongs somewhere. Turning an objective memo into a persuasive brief has become a difficult task.
Aside from the stress surrounding my trial brief, I had a good weekend. I attended Law Day for our incoming students and enjoyed meeting them. I particularly enjoyed talking with them about managing law school and a day job. There is something satisfying about seeing so many people wanting to make a difference and telling them that it can be done, while staying employed.
I have a busy week ahead. I need to finish my brief by Sunday, I am short on sleep today, and I have a Lexis/Westlaw class tonight. However, I take solace in the fact that it won’t last forever.
3/25/09 - I was able to make good use of the break from school last week. I updated my outlines, met with my study partner, transcribed my notes, read and researched my brief. It may not sound like it, but I did find some time for fun, too. My wife and I shipped the kids off to granny’s house and we went away for a night. So, it was both restful and productive.
This week has been energizing. While the break was nice, I am glad to be back in school. I have taken all of the slack out of my schedule to allow for brief writing because I think I am going to need more time than I did for my last memo. With the memos, we were merely informing the reader and predicting the outcome. With briefs, we now move into persuasive writing. Like predictive legal writing, there is a formula. I expect to need more time to refine my argument so that I don’t cross the line and stray from the formula too far. One mustn’t upset the judge.
On a more personal note, I am finding it harder to maintain focus at work. Lately I feel like I am in jail waiting for release. It seems like I am surrounded by legal stories these days. Since it was my passion for certain legal issues that drove me to law school, I am finding it hard to plod along at work when I would rather be in the fray.
3/11/09 - It's been a rough week. Over the weekend, my wife and I met and decided that some activities had to be cut from our schedule, lest we lose our collective minds. Thus, I resigned from WIP, quit my study group and declined a couple of extracurricular activities. With the “new” worn off of law school, I started taking on more than I could handle, and my studies have been suffering from all of the activity.
It is funny, but I can actually feel the release of pressure from learning to say “no.” It is very liberating. One of the things I learned last semester is that law school is a job. For some reason, I forgot that. You really have to keep law school near the top of your priority list. If not, you are doomed to failure. I think all of the extra activities clouded my vision because I feel like now I can clearly see the task ahead for the rest of the semester. That feels good.
Changing the subject, a funny thing happened after criminal law this week. Some of us were discussing the results of an in-class exercise with the professor after class. One of my colleagues brought up a particular argument she used in the exercise. As it happened, I used the same one. For some reason, the professor told me to write up the argument and send it to her. You never know when Kingsfield is going to show up.
3/4/09 - Today I am suffering through a blessing and a curse. The blessing is that I have a day off from work and can get some studying done. The curse is that I am sick. With the endless parade of sick people I have been around lately, it is no wonder that I finally caught it. At least I am suffering the worst of it today and not on a school day.
As school goes, things have been heating up. The work load has been growing, and so has my stress. My wife and I are planning to go to lunch together on Saturday! That will be a nice treat as we haven't been seeing much of each other lately. And it has been several days since I have spent even an hour with my daughter. All in all, it is a tough time. I am looking forward to spring break so I can slow down a bit, get ahead on my outlines, and see my family before we hit the sprint to the finish.
In other news, my study group met on Sunday and last night to shore up our Homicide chart. It looks good. We registered for summer school last week and, while I was a little disappointed at the selection for night students, I am still looking forward to getting some extra hours in this summer. The Innocence Project got our first case last week. It will probably not amount to much, but it is great to be involved in a real case.
2/25/09 - It has been a busy week and I feel like I am falling behind. It doesn’t take much to fall behind in law school. Part of the problem is that my wife and I are working on a project that has forced me to sacrifice some of my study time. I am planning to use spring break to get ahead, and I have to stay on schedule between now and then. Thus, I will be sacrificing some family time over the next two weeks.
In LARW, we are shifting focus from analyzing rules for memos to making arguments in preparation for our trial brief. So it is time to make some room in my head for new stuff. Some of my classmates took the opportunity to participate in Moot Court last week to practice their argument skills. Unfortunately, I did not have time to participate. So, my first chance to argue a position will come at the end of the semester when we argue with our professor. I am really looking forward to seeing how well I do on my feet.
The other big activity this week is summer school registration. Since the lowly 1Ls have to wait until Friday to register, I am planning to be here before school opens. Two of the classes I want to take have a limited enrollment and I don’t want to risk missing out. I will draw the line at camping out, although it does feel like getting in line for concert tickets.
2/18/09 - My memo is done. I love writing, but I am such a pessimist about my own work. I am never sure that it is any good until I get the grade.
But, it is so much fun to use what I have been learning. It is also mildly amusing to watch everyone running around in a frenzy to get it done. Is that mean of me? Maybe. Anyway, my plan is working so far. I am on track and managed to keep up with my reading while getting my memo done.
This semester definitely feels different from the last. It feels much slower. I am hoping I don’t have a false sense of speed and won’t get run over at the end. But, there isn’t as much reading as there was in the fall, and the material is more interesting. I am really enjoying all of my classes; criminal law is a bit gruesome, though.
On the extracurricular front, our Wesleyan Innocence Project (WIP) team should be getting our first case soon. I can’t wait to do work with a real case. While I don’t expect to be too useful at first, I am just excited to be working in the law.
I almost forgot ... a funny thing happened at church this weekend. The congregation got a letter informing us of the disposition of a recent lawsuit involving the church. IT WAS A CONTRACT DISPUTE!!!! I devoured the information in the letter. My wife laughed. Did I mention that I LOVE law school?
2/11/09 - It has been a busy week with our memo due next Thursday. I was happy to get all of my reading done on the weekend, even though I did not get all of the cases briefed. I am still trying to brief them all because I cannot remember enough details to discuss them in class without the briefs. However, I did get six pages of my memo started - I say “started” because I will probably rewrite most of it. The language of this case does not lend itself to smooth writing. Also, since this is our first research memo, I am not too confident that I have found all of the relevant authority. I am thankful for our Lexis and Westlaw reps. They are very helpful.
On a personal note, I had the misfortune of getting into an auto accident last night while coming to class. Fortunately, no one was injured and it wasn't my fault. But, now I have to deal with getting the car fixed. Funny thing about law school, life still goes on. That is the hardest part of being an evening student. You never feel like you have time to take a breath until the semester is over.
2/4/09 - I finished the last review of my fall exams yesterday. After meeting with my torts professor on Monday night, I met with my TA before class yesterday to recap. I am glad that process is behind me. I was told that you should review your exam with your professor, even if you did well. That’s because there is always something more to be learned, and if you don’t ask, you will never know what you did wrong.
Last night I attended my first Wesleyan Innocence Project meeting, and I was super excited to be involved in such a great cause. While I was between jobs during the Christmas break, I had a chance to scan case documents for WIP at the Dallas County Courthouse. It was a great experience that motivated me to get more involved with WIP. I really did not expect to be able to do much with WIP until next year because I figured that they wouldn’t have much use for a 1L. I was wrong.
After last night’s meeting, it looks like I will be able to do as much as I can handle, and I can’t wait to dive in. WIP is such an important project. I can’t imagine what it must be like to be in jail for a crime you did not commit.
It is funny where the Lord leads you. While I was curious about WIP, I never thought that I would actually be involved in it. But, here I am.
1/28/09 - I am starting to get back into the swing of things. Thanks to a gift from God (in the form of a snow day), I am now caught up on my reading, I have my schedule laid out, and I am refocused. I am grateful for the day off because my lack of direction was stressing me out. I am embarrassed to say that I had already fallen behind in my reading. With all of the life activities that I had been dealing with, I had not really engaged in school. So my wife and I had a talk, and we committed to cutting out the distractions so I can get back to work. Yet another reminder that law school is a team sport.
While I am still getting comfortable with my new job, it isn’t as much of a distraction as it was last week. I am sure that will get better as the weeks go on. As for school, I am looking forward to writing the first memo. We are doing our own research and I am enjoying the search for the proverbial needle in the haystack. It is a little frustrating to be a novice with the search tools. I am also finding the concepts in our contracts class to be a little more difficult to grasp than last semester. I am sure that it will start to sink in eventually. As Judge Spurlock says, it is all shifting sand. As soon as you think you get it, it slips away. Isn’t the law wonderful?
1/21/09 - This is a tough time. While it is nice to have a job again, it has added stress to my studies. With the new job comes the stress of learning what to do, trying to fit into a new group, and hoping that my work will be well received. This is proving to be quite a distraction. While sitting in LARW class last night and listening to Professor Hambleton talk about our research memo, I was thinking, “Will I have enough time to do this?” Frankly, changing jobs prior to getting my first legal job was not in my plan. Thus, I am not exactly excited about my present situation; I should probably stop whining as there are many people out there with no job and no prospects.
In other news, I met with a newly formed study group last night. Some of us who studied in smaller groups last semester decided to join forces. While the group is pretty large, I feel confident that we are all dedicated to achieving our best. So, I am hopeful that we will stay on track. With such limited time for studying between work and school, none of us can afford to join a social club.
My classes so far this semester have been a little slow to get moving. I am well ahead in my contracts reading and right on target for criminal law. I am enjoying the material, especially criminal law, as I am finding the rules and their history particularly interesting.
1/14/09 - It is great to be back in school. It may sound funny, but a month off from school is enough. I am so glad to be back in the collegiate environment with all of the anticipation that goes with the start of a new semester. A lot happened over the break. I lost my job, put in some unexpected pro bono hours with the Wesleyan Innocence Project, cleaned the house a lot, and found a new job.
Another unexpected treat was the posting of our grades. We were told from the beginning that we would not see any grades until February. However, right before the start of the semester, we received our torts grade, and contracts followed soon after. We received our writing grade last night. Let me tell you, it is nice to start the semester knowing your fall grades. However, it is hard to maintain my rule of not discussing grades with colleagues. As for my grades themselves, I met my goal.
While I expected a better grade in torts and thought my contracts performance was lacking, the grades came out reversed. My writing grade exceeded expectations, so in the balance, I am where I need to be.
My performance has proven to me that I can do the work. With that confidence, I am eager to stop talking about grades and get started. If the first case in criminal law is an indication – maritime cannibalism – it should be a lively semester.
12/17/08 - You know how they say that time flies when you are having fun? Well, I can’t say it was all fun, but time has flown and I enjoyed most of it. I really can’t believe that the semester is already over. It seems like last week we were just getting started. It is funny how memories fade. I have to focus to remember how anxious I was at the beginning of the semester. I also had forgotten those feelings of never getting caught up on the reading, until I went back through the last four months taking inventory of all that we have been through. And I must say, I finally feel like a law student and I love it.
Regardless of my grades, I consider this semester a success. I managed to get through the semester with my marriage intact, my kids still recognize me, and I did not get fired for studying on the job. The advice that proved the most effective came from the academic support folks. They told us at the beginning of the term to treat this like a job. Make a schedule, stick to it, study everywhere you go, find a study partner, but don’t feel like you have to study with a group. Basically, take it seriously. I am proud to say that I never went to class unprepared, I never missed a reading assignment, I never missed a TA session (VERY important), and I never missed a class. Whether that will show in my grades, I don’t know. But I can say that I did everything I could to do my best.
I loved the law school final exam experience. That may sound strange, but I love the challenge of performing under pressure. Finals prep was also a lot of fun. My partner and I would meet each day and review sections of our outline, work through sample essays and study guide questions. A word of caution - be careful of study guides. They are great to give you a bunch of hypothetical scenarios. But the answers don’t always match what you are being taught. So it can be distracting to weed out the misinformation. As for the exams themselves, I wasn’t in top form on the contracts exam; I was laid off the day before. But I really enjoyed the torts exam. It is fun to read the fact statement and try to pull out the causes of action. It is like a puzzle. It was a blast.
I remember being told at the beginning of the year that we would be thinking differently by the time we hit the end of the semester. I am not sure if that has happened to me; you’d have to ask my wife. But I know that I look at problems differently and I have developed a much more critical eye for written material.
I have to admit that there were times during the semester when I questioned whether I was doing the right thing. Whether I was good enough or had the time to do it well. In those times, I am glad I had my most important asset. My wife. If you have a family and are considering law school, I have said it before and I will say it again, make sure that they are on board. Not just following you, but beside you. Because you will not be the only one who is sleep deprived, irritable, and stressed. Your family will be too. Make no mistake, law school is not for the faint of heart. But with the right attitude, it is a lot of fun.
12/3/08 – Finals are here and I am ready ... to get them over with, that is. I am not sure that I am ready for the exams themselves. This week is contracts and next week is torts. My study partner and I have been working through past exams and lots of hypotheticals. We met today for the last time before our exam tomorrow, and I am as ready as I can be.
Following my TA’s advice, I am only going to study a bit tomorrow and stop well in advance of the exam. My plan is to get there early and reserve a seat. Then my study partner and I will go to the library to study torts and read some scripture. No studying within the last four hours before the test. If you don’t know it by then, you are not going to learn it. Also, stay out of the room prior to the exam. My TA said that there will be a bunch of panicky people that will take you down with them. So, reserve a spot and get out. That is my plan.
Other than exam prep, my week has been uneventful. Oh, except for getting laid off today. That put a kink in my focus. While I am a little depressed about it, it was no great surprise. And I know that God will provide. Who knows, this could be my opportunity to move out of I.T. and into law. I hope.
11/19/08 - Exams are closing in and this week has been a little strange. The reading has dissipated and the stress of keeping up is gone. It feels weird. I now have to switch gears and start trying to relearn everything that has been crammed in my head this semester. Actually, I am looking forward to going back through everything we studied. I feel like this is the real learning part of law school. To borrow a sports analogy, everything up until now has been the regular season. This is the playoffs, where your performance really counts.
We also finished our second memo this week. While I gave it my best effort, I am not sure it is good enough. But, I imagine that you never feel like it is good enough. I had a hard time not nit-picking it too much yesterday. And once it was in the envelope, I had a hard time not looking at it any more. But, I managed to do so. The strange thing about it is, you feel like it is a weak memo with pitiful arguments, and it is. But you have to accept that it is an academic exercise that will not be as solid as you would like, not at this point anyway. Maybe next semester we will produce more substantial work.
Speaking of next semester, it is weird to think that we are almost done with this semester. I am starting to feel like I am really a law student.
11/12/08 - Despite my best efforts to stay healthy this semester, it looks like I am catching a cold. This has been a tiring week and the reading is wearing me down. I actually enjoy working on the memo because it gives me a chance to do some analysis of the cases, rather than just reading for class discussion. I think the worst part of the reading is the briefing, which is really slow for me. I want to get all of the juicy parts from the judges' opinions into my brief in case I need it for class. That slows me down. So, I guess I enjoy the reading but not the briefing.
My study group has been touch and go. One of our group had to miss the last two meetings, and last night we had just two of us. We are hoping to meet more often prior to class and during the break before exams. I think it has been a good practice to quiz each other with sample exam questions. It helps to think through the different scenarios with someone else to make sure that you are considering everything.
Following my TA's advice, I will be staying home for Thanksgiving while my family will be traveling to see my sister that night. My wife and sister have a Day-After-Thanksgiving shopping ritual that cannot be missed. So far, I have tried diligently to follow every bit of advice offered by my TA and I am not going to stop now.
11/5/08 – Exam prep has started. I made a calendar this weekend that will carry me through the end of the semester and, let me tell you, it is full. I have started integrating some exam Q&A into my daily reading. Last night, our study group met after class and quickly discovered that we are sorely lacking in our UCC knowledge. It is easy to get a false sense of security with an open-book test. But I am not planning on using the book; so, I have got to know the UCC and Restatement (Second) of Contracts.
Since we last met, we received our grades for memo one, and I must admit that I did better than expected. Now the pressure is on to repeat the performance.
Tomorrow we have our contracts practice exam and I am looking forward to trying out the Electronic Blue Book and my outline. I enjoyed taking the torts practice exam and I was pleasantly surprised to find that I have actually retained some of this new knowledge. The main difference between the contracts exam and the torts exam will be the need for specific case, UCC, and Restatement references. That means more memorization, in addition to better understanding the rules and policies. Unfortunately, case reading is much more engaging than reading code.
So far, my family and I are holding up well and I am starting to get excited about the flurry of activity we are about to encounter here at the end of the semester.
10/29/08 – So far, this week has been better than the last. I am neither tired nor grumpy (sorry about that). That may all change next week when I start incorporating exam prep and Memo #2 work. But, for now, I am doing well.
Our TA told us on Monday that we should start integrating some exam prep into our schedules. From here on out it gets VERY busy. I can't believe that we only have a few more classes left. On the one hand, it is surprising how manageable it has gotten, but on the other hand, it is scary to think that exams are so close.
I have started to feel the sense of competition heating up. In observing the class, I have started assessing where I am likely to fit in the curve. I won't tell you where that is. But it is interesting to see who is dedicating the time and who is not. Our TAs told us at the beginning of the year to take this seriously and treat it like a job. And I think I have done just that.
Our study group started going through the short answer questions in one of the exam prep books last night. I think this type of practice will pay dividends because it is better to work from fact statements than just to read the outlines. This technique led to some spirited debates last night that helped us nail down some unclear principles.
10/22/08 – Today, I am tired and grumpy. Last night was the first meeting of our study group, so I got home pretty late. We are meeting every Tuesday after class until finals. I am not sure it will be enough to matter, but we are trying. I have to admit that it feels like the blind leading the blind. No one really knows how this study group thing is supposed to work, but we all feel compelled to do it. It is kind of like a bunch of salmon swimming upstream. If they had a conscience, they would probably ask the same question:
Fish 1 - “Any of you guys ever done this before?”
Fish 2 - “Nope, but I think this is how it is done.”
Fish 1 - “Ok. I guess we'll know if it works when we get there.”
Of course, by then it is too late.
We also received our second memo assignment last night. So, it’s back to the grindstone. I figure that I will be reading like my life depends on it for the rest of the semester. This assignment is much more demanding than the last. There are twice as many cases plus statute research, and we will be writing a complete memo, not just a discussion. It is pretty ominous.
The good news is that work has been REALLY slow. As a result, I have been able to get my notes and outlines up-to-date. I am thankful for that.
10/15/08 – MEMO ONE IS DONE!!! It is so nice to have the first memo in the bag. I feel like I can breathe again. Now, maybe I can get my schedule under control. I am hoping to get ahead of my reading this week so I can start internalizing contracts and torts. I hate the term “memorizing” because I feel like I need to become one with the subject, and not just stuff it in my head for regurgitation. My first chance to test my oneness comes tomorrow.
I am taking the torts practice exam tomorrow, so I plan to spend the evening updating my notes and outline. The school offers practice exams at three different times, and I am taking the evening exam to simulate the actual test conditions – I am an evening student. My TA told me that the practice exam is a nice kick in the pants to get you to step up your game for finals. In other words, don't be surprised when you don't do well.
Last night we had an opportunity to quiz our professors on their testing techniques and what to expect on the exam. It was very informative. The academic support group here does a great job supporting us. Last night's session took some of the mystery out of the final exam, and the professors did a great job explaining how the curve works.
10/8/08 – Remember last week how I told you that the pace was picking up? Well, it isn't letting up, and taking a day off from work really paid off. I am caught up on my torts reading and my contracts outline is completely up-to-date. I still need to get my torts outline updated and start test prep for next week, since we have a practice torts exam on Thursday. I am looking forward to the practice exam, as it will tell me if I am studying correctly.
The school holds mid-term practice exams as a way of letting the students experience taking a real exam, without the pressure of grades. It is an opportunity to check your outline and get a feel for what a law school exam looks like. Even though it is not graded and is only a fourth of the length of a real exam, which for torts is four hours long, you want to do your best and treat it as a real test.
We also have a panel discussion on testing next week with some professors. It should be a lively discussion, if our impromptu exam discussions mean anything; any time class discussion turns to exams, it is almost impossible to get back on track. Everyone is quite anxious about the exam and rightly so. The thought of spending a whole semester studying for one test is pretty intimidating. You have one shot to show what you know.
10/1/08 – Can you keep a secret? I probably shouldn't admit this, but I am playing hookie today to get caught up on my reading and outlines. I sensed last week that I was getting into trouble because I was starting to cut out sleep and that is a fatal flaw. You must find time to rest or everything will start to disintegrate. But the weight of the work is becoming a real problem for my schedule.
We had a week and a half of torts last week and we just got our memo drafts back; mine looks like St. Patrick's day (green is not good when it flows like it does on my memo). So now I have to revise my memo before I start working on the second draft, which is graded, catch up on my torts reading, and get my outlines up to date, all while still reading contracts and updating my class notes. Something has to give. Today, it is work.
Breathe!
So you think you want to go to law school? Get ready to shut down the rest of your life. As I said in my previous entries, I knew a storm was coming and it is starting to blow. I don't expect it to let up much between now and finals as I will eventually have to find time in my schedule for exam prep (maybe take a short leave of absence).
No time to chat. Got to get back to work.
9/24/08 –The big story of the last week was “Reading, and lots of it.” My torts book has been my constant companion for the last week, because we are covering a week and a half of torts this week.
That aside, it has been a good week. Work has been slow and, as a result, I have been able to keep up with the onerous amount of reading this week and make some progress on my outlines. I have also been making some changes to my briefing technique. As the semester has progressed, we have gradually shifted focus to the court's reasoning in case discussions. Knowing why the court decided a case the way it did and what the parties were claiming on appeal is important to understanding how the rule was applied. Of course, all of this is meshing with what we are covering in our writing class. It’s almost like they intended it to work this way. Weird, huh?
Contracts is much less stressful than torts at this point. The concepts seem more cut-and-dried; or maybe I am blissfully ignorant. We just completed the first chapter in the text and I am planning to outline it this week. I hope that I can keep my focus on contracts exam prep in the face of the “open book” exam. I am old enough to know better than to assume that it will be easier because of this. But, it is still there.
9/17/08 – We finished our first memo assignment this week. Even though it is not a graded assignment (the real memo will be due in a few weeks), it still gave me a good test of my study schedule. It held up pretty well, for the most part. I will, however, have to put in more time reading during every spare moment. Thus my mantra: Take a book everywhere you go.
Our professors started ratcheting up the intensity this week. Fortunately, I anticipated this. We have been in school for four weeks and now we should be able to more thoroughly analyze the court's reasoning in the cases we are reading. It is no longer sufficient to recite facts and rely on the professor to flesh out the rules. Actually, it is a nice change as the classes are starting to get a bit stale and uninteresting. Professor Spurlock challenged us last night with this type of discussion and it occupied the entire class with one case, D & G Stout, Inc. v. Bacardi Imports, Inc.. It was great. My carpool mate and I debated PE/DR doctrine all the way home.
While I am starting to feel the drain of the seemingly endless climb to finals, I am also getting more and more excited about school. I love the sensation of my mind being expanded to consider the world in new ways.
9/10/08 – It is appropriate that it is hurricane season because me thinks we're in for a blow, gar. With all of the talk this week in our TA session about outlining and the impending FIRST MEMO, I am starting to worry whether my work/school/life balance will withstand the coming storm.
This week, our TA discussed outlining and put us through a little outlining exercise. As a result, I think I know what my outline will look like, which has given me comfort. While I am concerned about getting the first memo done and adding outlining to my already busy schedule, I am trying to take it one day at a time.
When I step outside myself, I see the comedy in the flushed anxiety of most of the 1Ls. And it is easy to get worked up about how things will play out in the future (2nd memo issue, exams, etc.). But I think that there is no point in fretting about that stuff when I am still trying to fit this week's work into my already full schedule. I know, however, that God will provide.
My wife and I had a heart-to-heart today and she is feeling it, too. At the spouses’ orientation session, they pointed out the importance of tending to your relationships. It has only been four weeks since school started, and I can already tell you that this is a crucible; not just for me, but for the whole family.
9/3/08 – It occurred to me that my last entry gave a false impression about my marital status. Not only am I a father of two, but I have a wonderful wife. In fact, I don't think I could make it through school if it weren't for her. One of the lessons that I am learning is that law school for the married person is a corporate affair. My wife, while not shouldering the school work, is shouldering a significant load. My advice to the married person considering law school is: make the decision a joint one and don't underestimate the commitment.
School this week has been light. The quiet before the storm. We were spared Torts as Monday was a holiday and our professor is out on Thursday. I tried to read ahead this weekend only to find that my old study habits haven't changed. I cannot focus unless I have to. While I was able to complete all of the necessary reading for this week's classes and fit in a short out-of-town visit with my family, I did not take full advantage of the long weekend by getting ahead of my Torts reading.
I did get some other good work done this weekend, though. Last week, our TA suggested making flash cards for rule memorization and I did. They work well, and are great because you can take them anywhere, which is critical. Be prepared to study anywhere. You never know when you will have a down moment to fill.
8/27/08 – With all of the excitement last week, I neglected to introduce myself. If you are like me, you are hoping to find someone like you in these blogs. So, let me help.
I am the father of two small kids (a girl of 8 and a boy of 10). Prior to entering the furnace of law school, I was active in a number of volunteer activities including Cub Scout Den Leader, ESL teacher and numerous church activities. Since enrolling in school I have stepped back from almost all of them. My day job as a software developer keeps me fairly busy and I am already feeling stress from leaving promptly at 4:00 p.m. on school days. I think this is causing some friction on our team.
So far law school is about what I expected. On Monday, our Contracts professor assigned some unexpected reading for the next class. No problem... if you are a day student. Fortunately skimming the case and book briefing was sufficient. It was an easy case to understand. My study schedule is holding up well and I am genuinely excited about studying and going to class. Some of my classmates and I worked on our first research project together in the library after class last night. It was a blast. I forgot how much I loved the collegiate environment.
I am sure that I will not sound so perky once I get under the full weight of the 1L experience. But, for now, I am loving it.
8/20/08 – So there you are standing on the edge of the pool, thinking, "That looks cold." You don't want to jump in, but it will be better than easing in. You've come this far – bathing suit on, kids are already in the pool. Its funny how you feel peer pressure from people half your size. So you jump. "YIKES!" The actual experience is worse than you imagined. But if you hang in there, the water gradually feels warmer.
Welcome to my first week. Anticipating this week, I spent the summer reading about the 1L experience. I even watched The Paper Chase; probably not a good idea. Despite the anxiety, the first week was great. I don't mean that it was easy or that I feel prepared. It wasn't and I don't. But, it was less scary than I expected; maybe the water is getting warmer. Regardless, I feel pretty good about my prospects. The faculty genuinely wants me to succeed and the staff (YEA STAFF!) is great. Having said that, the work is overwhelming.
I realize that my reading notes and case briefing need improvement. Taking academic support's advice, I built a detailed weekly schedule that has given me confidence. While it is intimidating to be in the presence of such great minds, the professors are approachable and I am already getting addicted to this stuff.
I hope I can do the work and still maintain focus in my day job; I work for a living but I am passionate about the law. Well, got to get back to work.
