Law in Contemporary Society
I found this article that discusses a lot of the issues with big law private practice that Eben has been discussing. I know that Eben doesn't like people posting links without their own thoughts and comments so I'll try to add some later this weekend when I'm done with moot court stuff. However, most of it isn't stuff that people don't know - it's more stuff that people have trouble really believing and internalizing until it's too late. I think it's very well written, doesn't beat around the bush, and is really worth reading, no matter what kind of law you're interested in at the moment. Anyway, enjoy:

-- JosephItkis - 10 Feb 2012

Out of the many depressing facts and statistics about this profession that is possible to address, one really stuck out to me: “[The] study also found that, although 70% of attorneys are permitted to take more than two weeks of vacation every year, only 48% actually do so.” I think a big part of Judge Schiltz’s reason for this is: “Big firm lawyers are, on the whole, a remarkably insecure and competitive group of people. Many of them have spent almost their entire lives competing to win games that other people have set up for them.” I wholeheartedly agree with this point; insecurity breeds competition. And rather than helping ease our insecurities as aspiring lawyers, I think law school heightens them to a level that makes us doubt our talents. To me, this is all because law school is viewed as a competition. I didn’t was even three weeks into law school before my legal methods professor mentioned that we were in law school to compete against our classmates. Why is it necessary for law school to be structure as a competition, though? I don’t understand how viewing my classmates as competitors enriches my learning experience here or better prepares me, for better or worse, working at a law firm. If anything, shouldn’t the business school be more of a competition among students? Instead, business school seems to be more about networking than anything else. But a big part of being a lawyer is also working with clients, so why isn’t the networking aspect incorporated into law school? And shouldn’t business school be more of a competition since business is all about working in an adversarial setting? I mean, I guess this would apply to those of us who want to be trial lawyers and be in a courtroom all the time. But in most other environments, take non profit, big law or in house type work as an example, lawyers still have to work in teams and collaborate. Collaboration – isn’t that what all law firms are saying that they do? I see the word in brochures and websites of these law firms, so evidently it means something to our profession. But the law school’s structure is to do anything but collaborate. I still haven’t found someone to enlighten me and tell me how the competition factor in law school will make us better lawyers.

Moving on, this was also another great thought: “If you let your law firm or clients define success for you, they will define it in a way that is in their interest, not yours. It is important for them that your primary motivation be making money and that, no matter how much money you make, your primary motivation continue to be making money. If you end up as an unhappy or unethical attorney, money will most likely be at the root of your problem.” I think the only way to fight against this pressure of others defining of success is again to know who we are before go too deep into one career path. I won’t harp on the money issue so much because I’m still trying to reconcile that with my own personal and career goals. Besides, I don’t have a desire to judge people based on decisions influenced by money because I respect and can identify with people who are in the delicate situation of having to or feeling pressured to provide for their family.

-- LizzieGomez - 10 Feb 2012

Lizzie I think you made an excellent point about backwardness of business schools teaching collaboration and law schools teaching competition. One of the biggest ways I have felt law school is not preparing me to work in the real world is by not giving me practice in collaborating with the other great minds around me - to develop both networking skills and practical experience working in a group. Last semester during finals I kept lamenting (some might have called it whining) the fact that I was not going to be able to take my finals with my study group. I worked at a big law firm before coming to school and there was not one brief submitted, not one motion filed, not one mail distribution prepared, without at least two people working on the project. Correction: two lawyers. Nevermind the paralegals, conference services employees, copy center employees, etc. assisting with the work as well. Why is the school so scared about letting us collaborate with each other?

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r3 - 11 Feb 2012 - 18:49:53 - SkylarPolansky
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