Tips for Working Bar-Takers and Details on Writing Rules & Analyses

THIS POST IS A RESPONSE TO A COMMENT ON THIS BLOG ENTRY.

Q.  Brandon writes, "I just wanted to say that I REALLY appreciate you posting your input on passing the bar. I myself am I repeat taker of the California bar (failed July 2011) and am looking to re-take it in Feb. This time around I, like you, work full-time and I have a 7 week old daughter. So, I was hoping that you might be able to provide a little more insight on what you did in order to pass due to time constraints along with some of the tips you got from the tutoring you received in regard to essay writing. I hope I am not asking too much. Any comments will be greatly appreciated! Thanks again!"


A:

Hi, Brandon. :)

I'm sorry it's taken me a bit to get back with you (work has been a never-ending series of fires to put out lately).  Alas, here's my response.


I.  MAKE AS MUCH TIME AS YOU CAN FOR STUDYING.

Having a baby, I imagine, brings the difficulty of studying to a real head.  To be very candid, what I did when I came home from work every day was study.  Well, technically, I spent about 1 hour transitioning from "I'm finally home" to "aw, crap; I have to study."  This meant changing into comfy clothes and eating something.  I also cuddled with my roommate's dog for about 20 minutes.  But after that, I hit the books hard.  Seriously, I did it until I fell asleep.  Every night.  I only took 1 full day off, and that was to participate in a work thing.

If you have a spouse who can help with the baby as well as parents who don't mind staying over to help her/him out, I would really try to get them to do so.  Beg.  Bargain.  Do whatever you can.

One of my friends told me to "be really selfish" for once in my life.  This is what it took.  I even held off moving in with the boyfriend and found a place to rent for the studying period so that I would have no distractions (it was a room in a house, but that's all I could afford).

I know that this might not be helpful... I sure hope it is, but I'm willing to bet that having a 2 month-old baby puts another whole level on the difficulty of studying.  I truly hope that you can garner some practical support.


II.  HERE ARE MY WRITING TIPS.

A. ISSUES.

As far as writing tips are concerned, I significantly modified my writing style for this last time that I took the bar.  I would look at a problem and, instead of thinking, "oh my god, have I hit every possible tiny issue?!?!", I changed that into, "ok, what are the blatant issues that the examiners CLEARLY want me to hit and discuss?"  One friend of mine put it well; he said, "Show the examiners that you're not going to commit malpractice."

B. RULES.

Moreover, once I got the main issues out on a page, I would write a rule statement that stated the rule in one sentence.  Then, if applicable, I would go into the most key element of the issue (ex: intent, which is usually the most important element if it is, in fact, an element).  Finally, if applicable, I would  maybe write about what would happen in certain jurisdictions.

EXAMPLE: "Conspiracy is an agreement between at least two people to engage in an unlawful act.  There must be a specific intent to agree as well as a specific intent to commit the substantive act.  In a bilateral jurisdiction, both parties must actually and truly agree to commit the unlawful act, whereas, in a unilateral jurisdiction, if one party feigns agreement, the other may still be liable for conspiracy.  Some jurisdictions also require an overt act."

Basically, I would write my first sentence rule statement to include all the elements and then I would "unpack" the rule to be a little more sophisticated in the next sentence or two (especially when the facts would call for such "unpacking").

Just to note, though, there are clearly some issues that are so major that you must, MUST separate out the elements as their own sub-headings.  For instance, negligence is huge.  Therefore, under each subheading/element (duty, breach, causation, and damages), you will want to write out a rule statement.  But for most issues, you will not need to do this (e.g., battery, assault, trespass to land, conspiracy, standing, abstention, consideration... the list goes on and on).

C. APPLICATION.

The most important part, however, is the application section, as we all know.  I learned to cut right to the chase in my first sentence.  I try to sit back and think, "which element in the rule statement does the outcome of this issue really hinge on more than the others?  And why is that... what facts make this element above the others so contentious?"  Once I had my answer, I started writing.  Let me give you an example:


STANDING

[Rule; aim for more than the basic elements.] Standing requires an injury in fact, causation, and redressability.  If there is no injury in fact, the requirement for injury will be satisfied if the plaintiff can show a threat of immediate harm.  The government regulation at issue must have caused the harm.  Also, a favorable determination in the plaintiff’s favor must alleviate the grievance.

[Application; the big deal with standing, and given these facts, is whether the plaintiff was actually injured or about to be harmed, so that was the first element I addressed because I knew the outcome of the issue hinged on this element.:]  Here, Ned has standing because he is currently injured since he is not allowed to have a permit simply due to his age; this prevents him from performing his job.  Also, Ajax has standing because it can at least show threat of an immediate future harm since some of its employees will not be able to perform their duties by being precluded from obtaining a permit in State A.  Further, assuming that Ajax has more than one employee that would need to drive through State A, Ajax would also be harmed by the additional time and cost required for each employee to obtain the permit.  The harm is coming from the government because State A is the entity that passed the law at issue.  Finally, redressability exists because, upon a favorable decision by the court in Ned's and Ajax's favor, Ned can avoid the license requirements and keep his job, and Ajax will not have to incur the expense of ensuring that every employee has such a license.

[Conclusion; short and sweet.:] Therefore, both N and A have standing.


Tie the element with a fact within each sentence and link them with the word "because," "since," or "when." (For the law review nerds, I understand that "since" is temporal, but sometimes you need to use commonly perceived synonyms.  This is particularly true when you need to use "because" more than once in the same sentence, which looks and reads absurd.  It's the bar, not law review.  If you aim for perfect, it may lead you into troubled waters with more time wasted on unnecessary editing.)

The second time I took the bar, I had a real problem with writing without using the word "because" in the right way. Example:

[EXAMPLE OF WHAT **NOT** TO DO:]

THEFT

Theft is the taking and carrying away of the personal property of another with the intent to permanently deprive.

Here, Ned was in Charlie’s place and took a box from inside, so he took someone else’s personal property.  He intended to permanently deprive, likely, because he brought his own briefcase and placed the box inside with a lock on the briefcase.  Afterwards, Ned carried it outside of the apartment.

Therefore, Ned committed theft.


I mean, that is just AWFUL!  I wasn't doing a good job at tightly discussing the facts relative to the corresponding element.  Hell, sometimes I left the element out completely!  I think I figured that, as long as I caught the fact that addressed the element, it would be ok.  Well, I was wrong.  Wrong, wrong, wrong.

I was just sort of going in order of the elements listed in my rule statement.  This is bad.  It shows the examiners that you don't really see what is important.  In theft/larceny, the big issue is whether you can clearly demonstrate INTENT to permanently deprive.  This will require a discussion... meaning, more than one sentence.  What I probably should have written (without looking back at the fact pattern) is the following:


LARCENY

Larceny is the trespassory taking and carrying away of the personal property of another with the intent to permanently deprive.  In most jurisdictions, larceny is considered a felony, but some jurisdictions consider it only a misdemeanor. [NOTE! I don't even know if this is true, but chances are, there is at least one piddly jurisdiction out there that punishes larceny as a misdemeanor.  If you think that there MIGHT be a jurisdictional issue, but if you can't remember what specific type of jurisdiction holds which way, I suggest that you write something like, "some jurisdictions ________, whereas other jurisdictions ________."]

Here, Ned committed a larceny because he intended to permanently deprive Charlie of his box (personal property) when he placed the box inside of his own briefcase and headed toward the door to leave.  Also, Ned likely intended to do so at the time of entering Charlie's home because he had brought his own briefcase, which was probably intended for putting the box in; this demonstrates aforethought to take Charlie's box away from his home.  Ned probably intended to permanently deprive Charlie of the box because he believed that it contained something valuable that Ned wanted for himself, as he told Judy.  This taking was trespassory because Charlie did not give him permission to take the box.  Once Ned left, he had completed the crime because exiting was a carrying away of the box.

Therefore, Ned has committed larceny and should be found guilty.  In most jurisdictions, he will have committed a felony.


Do you see the difference?  Do you see the "because" in each and every sentence of the application section as it ties an element to the key fact or set of facts?  "Since" and "when" are also used to link the elements to the facts when I have already used "because" in the same sentence.

Also notice that the first few words in the application basically conclude as to which way the ISSUE concludes and links that to the dispositive element along with the key fact.  This, I think, is probably the most important part of my entire diatribe here.

Is the example above grammatically perfect?  No.  Did I end a sentence using a preposition?  Yes.  Do I write like this practice?  No.  But this is the bar, people, and you need to get through it in top speed, so get your heads out of the black hole of perfection.

Oddly enough, I don't think I wrote that badly on my law school exams.  I think that I thought that the bar was so very different and that the approach was a mystical thing to try and figure out.  To an extent, this is true.  However, it is also true that my "theft" example from above would be horrendous for any law school exam, let alone the bar!  I also think that examples from *some* courses do not spell this out explicitly.  The instructors do not say, "Hey!  Here's what to do." or "Hey!  Don't do that!"  Maybe it's because they assume that you should know better from law school.  This may be true.  However, for the bar, I was so nervous and literally wiped my "learning-how-to-do-legal-writing" slate clean.

This, of course, was a grave mistake.  In the end, I re-learned what I wiped clean.  And this is how I passed.


SUMMARY:

1) Get help with the baby so that you can focus as much of your time as humanly possible on the bar.

2) Better to spot all of the in-your-face main issues (and possible defenses) and to take the time to really discuss those thoroughly and properly than to spot every feasible issue out there with mere superficial discussion.  [Ignore people who talk about how brilliant they are that they found some minor, ridiculous issue.  I promise, it's worth 0 points.  This is especially so if that person failed to fully discuss the big stuff.]

3) Attempt to make your rules at least a tiny bit more sophisticated than a list of elements.

4) Write the application section the way I discussed above.  Use "because," "since," and "when."  Begin your application by concluding on the issue and linking that to the dispositive element with the key facts.

5) Don't forget to actually conclude on every issue.

6) Bonus tip:  I never underlined anything on my passing bar exam.  That nonsense just took up too much of my time.  Instead, if I felt like something was super important, I would use all caps.  This saves on time and potential frustration.


I cannot imagine how long this response is going to look once I post this.  Regardless, I really do hope this helps you or someone else out there.

:D,

Jessie

How I Passed the California Bar Exam

I just received an awesome comment by an anonymous person on a blog that I am deciding to delete ("What I Should Have Done the First Time I Took the CA Bar").  I am deleting that video because I recorded it regarding the preparation for my second attempt at the bar, before learning of my results.

Now, that I have passed, I believe I'm in a better position to adequately respond the the kind comment by Anonymous, which stated:

"Hi Jessie, I once read your ask why twice article a while back while I was in law school. Coincidentally, I found you in the comments from Grand Poobah's blog. I really like your writing style. You have a very clear thought process. Congrats on the bar exam. I hope you will tell us about what you did this time around. You should definitely blog about being a practicing lawyer when you get sworn in, too. It's tough out there (in the job market)."

Awwww!  :D

So, without further ado, here is my blog about precisely what I did to pass the California Bar Exam -- the beast that it is.

Note: Yes, there are in fact 3 videos here.  The total investment time in watching these is about 35 minutes.  I believe, however, that (especially for repeat bar takers) this could very well resonate with you, and, similar to my other law blog entries, help clarify the "how" part of the exam.

And why is it, by the way, that all video thumbnails suck so badly???  Ah, well.  Here are some links to the books/products/information that I used and recommend:

• PMBR (Kaplan) MBE Combination Course
• Strategies & Tactics for the MBE (2010)
• The Bar Code Cheat Sheets in Action (3rd ed.) by Whitney Roberts
• Nailing the Bar (2009) by Tim Tyler
• My Own Advise (that I should have listened to in the first place!); note: use this entry as an analogy to the application/analysis portion of your essays and PTs
• Conviser Mini Review (California); by the way, I simply googled this and found one on Amazon!
• My T-shirt (thought I'd save you the trouble in case you actually want to implement my shirt idea)

Also, one keeper tidbit of info from the blog entry that I'm deleting must survive: Here's the link to a New York Times article about a recent study that just came out in Science in January 2011.  It was conducted at Purdue.  The conclusion of the study is in the  title of the NYT article: To Really Learn, Quit Studying, and Take a Test.

Good luck, everyone!  I know you can do it! :D

How to Get Published & Why it Matters

Whether you're on a law journal or not, having a publication can be a real boon to any resume.  Nearly all law schools required a writing component, where you have to take a paper course.  There's no reason that you shouldn't be able to take that paper and publish it.  I'm convinced that I landed some of my most prestigious law school internships from my publications, not my GPA.


A publication really sets you apart.  Most law students have not published anything.  Ever.  So, when a perspective employer sees "PUBLICATIONS" as a category on your resume, he/she will likely be impressed and curious.  That's a good thing.


Note: This blog entry is NOT about how to write a publish-worthy piece.  Rather, this blog assumes that you have written something excellent and explains the process of getting that fabulous piece of work published.


You are going to need to know how to do the following:

• develop good key words
• write an abstract... a good one
• write a cover letter for law journals in which you want to get published
• create a CV (curriculum vita)
• submit all of these things together with your paper

At the outset, know that a paper submitted for publication by a student is called a comment, not an article.  This is specific to the legal field.  In non-law academia, all published pieces are called articles.  Also, when you refer to your own comment, whether in an abstract or in the paper itself, you will capitalize the word "comment."  Ex: This Comment seeks to explore blah, blah, blah.

Key Words:

Key words are important because they help future scholars find your article.  There are certain DOs and DO NOTs associated with creating key words.  Let's begin with the DO NOTs.

DO NOT use the same words that appear in your title.  This creates a redundancy.  When people search for certain key terms, of course words that appear in your title will come up in that search.  Therefore, you want to make your key words work for you in case somebody is trying to find a paper like yours but has not used words in your title.

DO think of synonyms for words in your title.  Also, think of the type of law you are discussing in your paper.  If you have written about an entity, you'll want to use that as a key word.  Finally, if you discuss an important piece of legislation not mentioned in your title, use that.

One key word can actually consist of more than one word.  I know this seems confusing, but it's true.  So, for instance, here is a title of a paper, and here is a list of key words (usually, you want 5-8 key words):

Title: Mass Meat Consumption, Human Rights, and Animal Welfare: An Alternative Appeal to Limitative Federal Legislation

Key Words: food, water, environment, property, EPA, Declaration of Human Rights, NAFTA

Abstract:

The abstract appears at the beginning of your paper, under the title, and before the Table of Contents.

Its purpose is to act as an extremely concise synopsis of your entire paper.  Usually, journals limit the number of words that an abstract can contain.  Law journals usually place this limit at 200 or 250 words, so there's no room to mess around.  Here's how to do it:

Goal:

The first sentence literally states the goal of the paper in non-b.s. terms.  By that, I mean you must flag for the reader that you're talking about the goal of your paper.  How do you do this?  Simply write, "The goal of this paper is to . . . "  That's it.  If you prefer some kind of synonym to the word "goal," like "purpose," fine.  But just get to it, and do that in the first sentence.

Ex. (taken from a different paper than the one I listed under Key Words): This paper sets out directive arguments based on international treaties as well as a combination of U.S. and Indian law for the impending Indian Supreme Court decision that will determine the extent to which corporations’ water rights may impose on basic human rights to potable water.

Background:

The second sentence should explain briefly some facts about the issue that your paper is addressing.  If the issue is controversial, you can use the next sentence to demonstrate the facts of the other side of the story.  This will show the reader that you can be objective, and this makes you a more trustworthy author.

Ex.: Companies like Coca-Cola, which rely on access to an abundance of water for their products, have set up factories in India and provided employment for nearby residents. On the flip side, an Indian appellate bench sacrificed a community’s access to water for Coca-Cola’s absolute property rights.

The next few sentences--tops--should discuss, in order, the effects/implications and the current state of the legal matter (whether the legal matter you're addressing is a law, a case, or whatever).

Ex.: As a result, Indian women, with whom many societies charge the daily procurement of water, must travel farther and farther to fetch the family water. The effects of Coca-Cola’s water extraction have caused political uproar within and across Indian communities. Now, the Indian Supreme Court must decide whether companies like Coca-Cola retain absolute rights to any and all water beneath their real property; the fates of companies like Coca-Cola and communities’ livelihoods rest in the Court’s  hands… and there the decision has rested for years.

The "So What?" Factor:

Explain in one sentence why your issue matters.  Is there a separation of powers issue?  Will the resolve or lack thereof forever change employment law?  Tell me: Why does your paper legally matter?  

Ex: This case may spur international movement either toward or away from multinational corporations’ absolute property rights in the face of thirsting and drought-affected communities worldwide.

The Normative Factor/Conclusion:

In one sentence, tell the reader what "should" be done and why.

Ex.: The Indian Supreme Court should rely on CEDAW, the CRC, its Constitution, court precedent, and the public trust doctrine in order to both satisfy its international obligations to provide its communities with water and avoid judicial activism.


Cover Letter:
Very similar to my other post about cover letters for jobs, this kind of cover letter also serves a very specific purpose.  Therefore, each paragraph has its own particular goal.


You want this cover letter to be SHORT!  Otherwise, the very busy editor is not going to want to bother reading your cover letter.  S/he is busy.  If you can't demonstrate what your paper is about and why it matters in 3 short paragraphs, the editor will likely safely assume that you can't write very well to begin with.


First Paragraph:
I call this the "Why You?" paragraph.


The whole basic point of the first paragraph is to introduce your paper and say that it's nuanced.  The journal, frankly, does not give a damn about your paper if there's nothing nuanced about it.  If you don't know whether or how your paper is nuanced, you should think about that.  I mean, really.  What makes your paper different from all of the other ones out there?  Only you can come up with that.


So, your first paragraph should contain: 

• the title of your paper (in proper Bluebook format)
• the statement that it's nuanced
• the legal topics that your paper covers

Ex.: My article, Mass Meat Consumption, Human Rights, and Animal Welfare: An Alternative Appeal

to Limitative Federal Legislation, presents several nuances to the fields of human rights, animal

welfare, and environmental law.

Note: I referred to the paper as an article because it had not been published yet, so I didn't want to call it a comment.  Plus, "article" is more scholarly than "paper."  I also didn't capitalize "article" because this is a cover letter, not the paper itself or the abstract.


Second paragraph:
I call this the "Prove It" paragraph.  In other words, sure, it's easy to summarily claim that your paper is nuanced, but now you're going to have to prove that.


I think that the easiest, clearest, and most concise way to do this is to draw the reader's attention to 3 points regarding why your paper is different than everything else out there.  I do this by using the words "first," "second," and "third."  It's that simple.


Ex.: First, though most animal rights/welfare articles speak to atrocities inflicted on animals, my article recognizes that such appeals fail to spur federal legislative action. Second, my paper presents an alternative approach—a human rights approach—to support arguments for limitations on mass meat production and importation, which would at once effectively reduce animal torture, at least  quantitatively, and improve human rights by reducing instances of starvation, environmental degradation, and drought. Third, the article argues that Congress both may and should legislate mass meat  production/importation limitations; these powers should not be left to the states.


The Third Paragraph:
I call this the "Why Them" paragraph.  Now, here's where you need to be a little creative.  After all, you probably don't have time to research every journal in order to discover why they are special.  Moreover, to increase your likelihood of getting your piece published, you're going to want to mass-submit this thing.  I refer to this as the shotgun approach.


So, how do you make the editor of the journal feel like you really want to submit to their law journal, even while you submitted your paper to perhaps dozens of places?  Well, you do this by including the following in your paragraph:

• the words: opportunity, future dialogue, and intersections (if your paper discusses more than one area of law and/or policy)
• the legal topic(s) that your paper address(es)

Every journal wants to believe that they, too, are nuanced and produce interesting stuff.  That's why you tell them that you know their journal presents that possibility, even if you don't actually "know" it.  They want to believe that's true because it adds prestige to their journal.


Ex.: I have chosen to submit my paper to your journal because it provides an ideal forum for my article’s subject matter through opportunities for future conversations regarding the intersections of human rights, the environment, and animal law.


Add a final "Thank You" paragraph, and you're done!  :)


CV:
A CV is very different than a resume--especially a legal resume that remains only one page long for a few years.  Unlike a resume, a CV includes everything you've ever done.  Really.  Throw it all in.  Even the kitchen sink.


You want to have the header match that of your cover letter.  Consistency is always very important.


A CV might include the following categories in, more or less, this order:

Education

Publications

Works in Progress

Presentations

Legal/Teaching/Research Experience

Academic Honors, Programs, & Scholarships

Community Service

Professional Affiliations

Research Interests

Foreign Languages

Everything under each category should be in reverse chronological order.  


Do NOT include anything non-legal or non-academic.  Everything should at least tentatively relate to law or scholastics.  Because political events and policy issues relate to scholastics, those things can be okay.


Also, do NOT double-dip, meaning don't place one activity in more than one category.  For instance, if you received an award for volunteer work, place that under either "Awards" or "Community Service" but not both.  I would choose the most prestigious category in that instance, which would be Awards.


If you need more guidance with a CV, go here.


Submission:
This is the easiest part.  Go to UC Berkeley's submission site.  It's called ExpressO.  There is a large "Start Your Submission" button in the upper right-hand corner.  Start there.


Simply follow the instructions thereafter.  There will be places for you to enter your Key Words, your Abstract, your Cover Letter, your CV, and your paper.


The beauty of ExpressO is that you can shotgun your paper to a ton of journals at once.  You can do so by category (i.e., top 50 journals, all IP journals, etc.) by simply checking the box next to all of the journals to which you want to submit your paper. 


Warning!  Don't submit your article to journals that indicate that they are "closed to students."  Otherwise, frankly, you look like a dumb-ass who can't even follow directions.




WHEW!  That was a LOT to write.  I hope that it helps y'all out.

Clubs & Organizations: How Social Should You Be?

Now that I've graduated from law school, I've been receiving emails and invitations to attend certain events as an alumn.  Like in law school, participation in events or clubs should be undertaken with discretion.  Notwithstanding, I still think law students and lawyers should participate in, at least, some social interests.

Law students:

Being involved in a law school club can keep you from wanting to gouge your eyes out in law school.  There were some days when the only motivator to me to come to campus was the fact that I had to moderate an event for the International Human Rights Law Society or some other club.

Also, being involved in a club helps you to have at least something in common with your fellow classmates besides law!  Perhaps, besides talking about Pennoyer, you can talk about something interesting... like animal welfare, tattoos, or surfing.

One of the most worthwhile organizations that I became involved with was my local bar association.  I met many lawyers with whom I still keep in contact.  That was invaluable throughout my three years in law school, while studying for the bar, and beyond.


Lawyers:

Recently, I volunteered to judge 3 rounds for a national moot court competition after a law student who has a particular way with my heartstrings asked me to do so.  Even though it was a pain to drive nearly 2 hours to get to the event, and even though I have almost zero time for myself after having started working for my firm, acting as a moot court justice was incredibly rewarding!

These kids really had it together!  I was so proud of them and how well they did.  Plus, I (along with every other attorney) have a belief that my feedback will somehow make a difference in their lives.  I'll never know, but I'll just close my eyes and believe.

Sadly, I can't go to everything that I've been invited to.  Hell, I can't even make it to 1/10 of the events... not even the events that really interest me.  I just live too far away from my old law school.

Still, I found that judging the moot court competition felt good to my soul.  So, I'm going to make an effort to do one thing each semester with law students... no matter where I end up working in the future.

Does this Cover Letter Make My Butt Look Big?: Address to Impress

Whether you’re an attorney seeking a change in employment or a “rising” 3L trying to land a job, publication, or clerkship, having a good cover letter can make or break your chances for consideration.

But why stop with “good?” This blog entry will demonstrate the whats and hows of superb cover letter writing.

Before we plunge into the nuts and bolts of it, it may help you to have an inside look into the mind of the person who will likely receive your cover letter. Chances are that this person is (1) extremely busy, (2) extremely bored with the task of sifting through mountains of applications, and (3) extremely annoyed with all of the terrible cover letters that he/she has already read.

Even when a résumé looks awesome, a crappy cover letter will certainly land you in the circular file. Crappiness can range anywhere from poor format to poor grammar, from too long to too not-paying-enough-attention-to-get-the-job-description-right.

And even when a cover letter is concise, grammar-smart, and correct in stating the proper position sought, it is the rare, RARE cover letter that goes above and beyond “good” by having purpose. Purpose, in addition to the necessaries of good writing, will often draw the distinction among already solid résumés.

So, alas, let’s get down to it, shall we?

First: Bank on the fact that it is highly unlikely that your entire cover letter will be read... that is, until and unless you are selected for an interview. Because of this, you want to show the reader (think: future boss or Zuul to your future boss) that you appreciate his/her time. But you do this with more than a byline at the end of the page; better, you do it with format. Hence your cover letter should never extend 3 paragraphs.

When Future Boss or Zuul merely glimpses at your cover letter—number 251 in a pile of 400, he/she will greatly appreciate the look of your cover letter at a concise 3 paragraphs. The thought will be something akin to, “Thank god. A short one.” This increases the chance of Zuul actually reading your letter.

Your first and third paragraphs will be very short... about 2 sentences each. Your second paragraph is where the meat (or far friendlier meat substitute) is. Think about your second paragraph as the analysis in a memo, brief, or law exam. The analysis, of course, is the most important portion of legal writing, and, likewise, the second paragraph will be the most important portion of your cover letter. But we’ll get to the construction of these paragraphs in a bit.

Second: Each and every sentence should have a purpose. So, when I say that the first and third paragraphs should consist of only about 2 sentences, this is because each of those sentences serve a particular purpose. To arbitrarily add sentences with no purpose is a waste. It’s a waste of your time, and it’s a waste of Zuul’s time.

Third: Your cover letter needs to follow rules of grammar and style that both are accurate and appeal to the legal community. For this, I highly recommend buying, reading, and following the Texas Law Review Manual on Usage & Style (“the manual”).

Do not assume that you know how to use commas. Trust me; most of you don’t. I’m not trying to be a jerk. I’m just telling you that I’ve read many, many, many letters, writing samples, résumés, briefs, memos, blah, blah, blah to lead me to the conclusion that most people simply don’t know how to use commas in every circumstance. And I’m not saying that I know what to do 100% of the time with commas and grammar, but I know a lot more after actually having read the manual. Plus, it’s now in my arsenal in case I get stuck.

Also, refrain from semi-colons, colons, dashes, and so forth until you absolutely understand the rules regarding how and when to use them.

Some helpful rules: (1) Never use conjunctions in a cover letter (or any other professional writing, unless you’re quoting someone). (2) Do not use parentheses; there’s absolutely no need for them in a cover letter.

Some helpful hints: (1) Read your cover letter out loud. Don’t cheat by mumbling through it. Rather, go big or go home: read it out loud as though you were reading it to someone over the phone. Hell, actually read it to someone over the phone. Surely somebody out there owes you a favor, right? (2) Release the iron grasp of pride and—gulp—have somebody else read your cover letter.

Why? I’ll tell you why. I had a student once ask me for help with a cover letter, and she had made a very innocent mistake: she wrote “inter-workings” instead of “inner-workings.” Spell check wouldn’t catch it. Reading it over the phone wouldn’t alert the listener because of our American lack-of-pronunciation of “T”s. However, another person would likely catch the error. [Note: This student’s original cover letter first draft was very good, but since Zuuls actively look for reasons to exclude applications, a simple mistake like this could have easily resulted in a one-trip to the circular file.]

STRUCTURE

Now, we come to the structure of your cover letter. Everything should be block formatted (meaning, justified and flush left; in other words, don’t indent paragraphs).

Header: It must match your résumé.

Date: Don’t forget to update your date if you’re working off of a previous cover letter.

Recipient’s name and address: Make double sure that this information is accurate.

Salutation: Um… “Dear” + title (i.e., “Judge,” “Mr.,” or “Ms.”) + last name. End the salutation with a colon, not a comma.


FIRST paragraph:

Sentence #1 should convey two specific things: who you are (i.e., “a third year law student at X University” or “a third year attorney”) and what position you are applying for.

Sentence #2 should consist of some blanket statement about believing that you would make a great fit for the position. This is a relatively superficial statement, but don’t worry because the following paragraph will not only relate to this sentence but will, moreover, prove it up.

Example:

I am a second year law student at the University of San Diego School of Law and am interested in a position as an associate with [Your Firm]. I believe that my experiences in criminal law, writing, and advocacy would allow me to successfully contribute to the program.

SECOND paragraph:

Ok. This is it. This is what I call the “prove it” paragraph. This is where you prove the point that you just made in the preceding sentence: namely, that you make a great candidate.

Here, your job is to weave. Just as we weave facts and rules into an analysis as legal writers, in paragraph #2, we weave in our legal experiences with characteristics—the characteristics that employers look for. The point of the second paragraph is not to talk about your qualifications but, instead, to prove them through your experience. No self-proclaimed characteristic should stand by itself; it must be tied to a legal/professional experience so that Zuul can see why you think you have that qualification.

So, just like legal analysis, you will be using the word “because” and its progeny a lot.

Also, if you consider yourself a “diverse” applicant and want to let Zuul know about it, you should do so upfront, but it must, must, MUST speak to a qualification that pertains to the position.  Otherwise, leave it out because it looks like you’re saying, “Hire me because I’m diverse,” and nobody wants to do that.

Example:

Because I am the first member in my family not only to attend law school but also to have earned a four-year degree, I am an experienced self-starter, understanding the importance of dedication and follow-through. Using these attributes, I secured two federal externships, hold the chief articles editor position for the San Diego Journal of Climate & Energy Law, am a member of the San Diego International Law Journal, have published six journal articles, and have presented independent research at several national conferences. As a former judicial extern for two federal judges, I have handled and witnessed many criminal matters before the court. Also, as part of my work for the Criminal Division of the California Attorney General, I briefed three criminal cases and, moreover, successfully argued before the California Court of Appeal in three separate criminal matters.

As you can see, I like starting out with the legal/professional experience first before I go into the characteristic/qualification that I garnered or honed from that experience.

Seriously, your second paragraph should consist of—tops—5 sentences. That’s it.

Do not regurgitate your résumé in paragraph #2. Rather, expand on things that are not obvious in your résumé.  For instance, in my paragraph #2, I mentioned my six publications because, frankly, I couldn't fit all six on my single-page résumé, and I wanted Zuul to know that I had six—not two—publications.


THIRD and FINAL paragraph:

Thank Zuul, and once again express your interest to discuss your qualifications.

Example:

I look forward to discussing with you how my experiences in externing, researching, writing, and publishing would allow me to contribute to [Your Firm]. Thank you for your time and consideration.

Salutation (yes, another one): Something like “Best regards” followed by a comma should do. Note that if your final salutation has more than one word in it, all of them begin with a lower-case letter… except for the first word, that is.

Please note that you should refrain from anything with the word “submit” in it, such as “Respectfully submitted.” This is because you submit things to a court. You submit legal documents. However, this is not a legal document that you’re submitting to a court, so just choose some other salutation. K?


Your name: Press return/enter four times after your salutation, and type your name as it appears in your header. This is the standard spacing, and it provides enough room for your signature below the salutation.

Enclosure(s): If you are attaching a résumé or something else, like a writing sample, type “Enclosures” immediately below your typed name. If you are only attaching one item, type “Enclosure.”


THAT’S IT!  Whew!

Long entry, but I hope this has/will help you along in your journey.

Ciao!

Study Groups: Good Idea or Painful Waste of Time?

Ok, I'll be honest.  You could grab about 10 random law grads, and I'm willing to bet that each would have strong feelings about the answer to this blog's topic.

I'm going to let you in on a little secret... "you" being the 1L: none of you know what you are doing.  This is completely acceptable!  It's just that 1L paranoia begins to set in rather rapidly as you begin law school, and you--along with the rest of your colleagues--will all pretend (consciously or not) that you DO know what you're doing.

This fact relates to study groups in a very poignant way: namely, a bunch of people who don't know what they're talking about getting together and putting forth their ideas does not appear helpful at the outset as a means of study.

You'll here over and over as a 1L that by the time you reach your third year of law school, you just "get it."  This is really true.  And it becomes both laughable and painful to study next to a bunch of 1Ls who are in a study group... not because they don't know what they're doing but because the "knows-better" 3L is drawn like a moth to the flame in the desire to help.  Either that, or the 3L wants to cover his/her ears, scream at the top of his/her lungs, and run for the hills before the 1L study group sirens lure the 3L into spending a good chuck of his/her own study time "helping" the group.

Here's the deal.  Whether study groups will help you during your first year simply depends.  (Get used to that answer; it's a popular one.)

How study groups can be helpful: small, focused, and--ideally--working out practice exams.  The study group experience that I wasted my time in the least was when the 3 or 4 of us (tops!) had a practice exam in front of us, and, after digesting it on our own in silence for a while, outlined all of the issues that we saw on a big dry-erase board.  If I missed something, my friend didn't, and vice versa.

How study groups can suck the life out of you: too big, too much time, a leech, and too much focus on trying to figure out the "truth."  Let me break it down for you.

(1) Too large of a group means too much time will be spent talking; you want to keep things succinct, and it's just impossible with a large group (5 is too big, I think).

(2) If one person doesn't know what the hell is going on, like, at ALL, you have got to cut that person loose.  This is the leech.  My group avoided this by setting forth ground rules at the very beginning of the semester.  The ground rules went something like, "If you keep coming to the group and add nothing of any value, we're going to let you know that we don't think it's very efficient to study together anymore.  Nothing personal." (Turns out that we did have to let one of our friends know that we didn't think we should study together.  That was rough, but--hey--having set this all out in the ground rules at the beginning made the ousting a whole lot easier.)

(3) The "truth."  Well, if you follow my blog, you know that I like examples.  Let's say that the issue is whether someone consented... to anything.  "Consent" is the legal issue.  A fact will tip you off as to that issue.  So, in the fact pattern, you will have Person A ask Person B if some outrageous/horrible thing is ok to do; Person B will shrug.  Note: You will never get to the truth of this matter.  Almost all of the issues on your law exams will be like this.  The whole point is that, in the future, as a lawyer, you will have to argue your client's version of that fact.  Does a shrug sufficiently consent?  Who cares?!  As a student, the professor wants you to see that this is an arguable issue because the facts are not clear and the outcome on this issue could go either way.  Read my other blogs for how to deal with this stuff.  Right now, I just want you to know that if you (or someone else in your study group) spend time on trying to discover or argue the "truth" of an issue that should be clearly arguable given the facts, you are wasting your time!  If you must, note the facts that support, say, consent and those that don't.  The time to argue will be on the exam, not with the study group.

If you do decide to work in a study group, my advice is to resist any temptation to make that your default study method.  Each person should be coming to the table with some value.  So, before you meet, do some practice exams or something on your own so that, individually, you can at least have an idea as to what the hell you're doing by the time you meet up.  Like, you will all need to know the rules of law and rationales to cases (see my blog on an alternative to outlining for a detailed explanation) before you get together.  Otherwise, the group may very well amount to a wheel-spinning session, and you don't want that.

Until next time...

Don't Let This Happen to You

Normally, I don't post things like this, but I think that all new lawyers and law students should have a look at this video. First, it's so unbelievable that it's hysterically funny. Second, sure it's a major money-making program, but whatever. Third, it speaks to deference... if not anything else.



Until next time...