Beyond Litigation: Other Opportunities for Legal Practice

November 14th, 2008

The practice of law may entail some gut-wrenching activities that some law degree holders may find daunting, tiring, or even boring. Fortunately there are a host of other occupations that are available for those who don’t have the desire for litigation and its processes.

In-house counsel

Large companies and industries have their own legal departments to take care of everyday tasks that involve varying degrees of legal work. The duties of in-house counsel do not necessarily involve frequent high-profile litigations. However, administrative matters and duties may be assigned from time to time as in-house counsels also work closely with other departments such as Human Resources and even Finance.

Courts

The courtroom can still be the arena of a law degree holder even without having to do litigation. Attorneys in judicial clerkship jobs research and make recommendations on how to handle current cases.

Public Service

Politics can be the next step for lawyers who’ve had enough of traditional lawyering. One can start in the district attorney’s office by being elected into the post, after which a state attorney general post becomes the next big step. Lawyers can also opt to join the US Department of Justice or can hope to be appointed by the President of the United States to the US Attorney’s Offices. Other posts in the arena of politics are also available for the law degreeholder. However, experience, whether in court or in other areas of public service, coupled with a level of popularity is needed.

Legislation

Attorneys in the legislative sectors work closely with senators and other members of the legislature in the formulation of laws. Legislative attorney do research and even drafts of bills that may be enacted. Law degreeholders in this arena are exposed to the political factors as well and may eventually become part of significant events in history.

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The Basics of Writing a Legal Brief

November 12th, 2008

A legal brief is a summation of a case or legal argument that is presented in court. It should be factual while remaining concise, and direct to the point. Legal writing classes in first year and moot court competitions teach law students some of the basics of drafting legal briefs. However, some cases in the real world have floundered due to poorly written legal briefs. Here are a few tips to guide legal practitioners, and refresh the memories of some, in writing a good legal brief.

KISS

Keep it short and simple. Courts usually have a set of rules that govern brief-writing. The Supreme Court has one that has been in effect since January 1, 1990. When fighting a federal appeal case though, grab a FRAP, not the coffee drink, but a handbook of the Federal Rules of Appellate Procedure. These handbooks enumerate everything from page margins to length of the brief that should strictly be followed by the brief writer.

Questions Presented

Drafting the questions is a tremulous task. Questions that obviously point toward your favor is not presenting the facts clearly. Master the art of formulating sentences that are neutral-sounding but have subtle hints of the side you are arguing for.

Drop the prose

Law speak as we all know is heavy with prose and other jargon. Facts are crammed in a breath that painfully lasts like a five-line paragraph. Remember that facts should be presented clearly. Take note of the reader’s attention span and patience.

Statement of Fact

All lawyers know that all facts that are put in the brief should be those that can be found on the known record of the case. This consistency with known facts preserve the credibility of the whole brief, and can help you win your case. Other facts, though, can be presented with caution if they are relevant and in a descriptive light instead of a defensive manner.

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A List of Some Common Law Firm Terms

November 10th, 2008

Aside form the jargon that baffles those who are not law degree holders, law firms are rife with locutions regarding the hierarchy inside these institutions. Here are some common terms used by law firms.

Billable hours

The bane of existence by all practicing lawyers. Simply put, one gets paid by the hour of services rendered. Sometimes, associates are ranked by their billable hours, though this is not done formally. The more hours you put in on working a case, the more you could bill a client.

Pro Bono

Literally translating to “for the good of the public,” pro bono hours are actually required by the American Bar Association for each lawyer. Though the ABA requires 50 hours, state bars may recommend fewer hours of pro bono service. The more free hours of legal service a law firm gives, the more chances they can be ranked higher and chosen by the best students from the top law schools.

Terms of hierarchy in law firms

Paralegal
Paralegals have the knowledge and the expertise to be employed in the legal industry but are not bar passers, nor have they completed law degrees. Paralegals perform legal research, prepare legal documents, and can offer legal advice when conferring with clients provided that they are properly supervised by an attorney. However, in the US, paralegals may choose to be certified or registered with the National Association of Legal Assistants or the National Federation of Paralegal Associations to improve their chances of employment.

Summer Associate
These are interns from law schools who are employed by law firms over a period of three months the summer. Eventually, if their performance impresses the law firm, they may be invited to stay on as associates of the firm.

Associate
Once you have been hired by a law firm, you can now start with the title of associate. This is usually the entry-level position for lawyers and is further categorized as junior associate and senior associate.

Partner
This is the position every greenhorn associate dreams of attaining in as little time as possible. An equity partner owns part of the law firm and shares in the total profits made.

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Extracurricular Activities That Can Help You Make it to Law School

November 8th, 2008

Law schools base their decisions on the  exams, GPA, LSAT, recommendation letters, personal statement law school essays and recommendation letters to assess an applicants worth. The undergraduate courses that you have tackled can help drive you on the path toward a legal career. Extracurriculars tell more about the applicant, and they can be good topics for writing the personal statement law school essay as well. Law schools look for applicants exhibiting the potential to be a lawyer, and they look at the extracurriculars for the skills needed to be one.

Extracurricular Activities

Participation in community or non-government organizations
Active participation in non-government or community organizations championing various causes can help you get into law school. If you have a strong belief in a certain cause, it can even help shape your career towards a specialization like environmental law, gender and equality law, or even taxation law. However, join these organizations not because you want to put something on your resume, but because you share the same beliefs that they uphold.

Positions held

The ability to throttle an organization or at least play a part in its major planning can make one a viable candidate for a slot in law school. Law schools look for people who have strong leadership and organizational qualities.

Writing stints

Contributing to the local or school paper or journal can also be of value when applying for law school. Having exemplary writing skills can help one draft an impressive personal statement law school essay - skills that many law schools would like to see honed for the next few years.

Debaters

Communication skills harnessed by experience in debate and speech are also what law schools like to see in applicants. A lawyer needs to be able to communicate ideas clearly in his or her trade. Work experience as broadcast media practitioners can also fare favorably with admission panels of law schools.

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The Importance of Joining a Review Journal in Law School

November 6th, 2008

A law review is a journal or paper edited and distributed by students of a particular law school.  Law reviews are staffed by students of a law school and features articles penned by law professors, judges, and law practitioners. The law review is the avenue for academic publishing of articles related to the judicial system. Students can also publish articles called “notes” or “comments” in law reviews.

What types of law reviews are there?

Law reviews basically cover a wide range of issues regarding the law but there are some law schools that publish reviews about specific topics. These satellite journals or specialty law journals offer a more concise focus on issues concentrating on one type or branch of law.

Who can join a law review?

Law students vie for positions in law reviews and law journals in their respective schools. Flagship law reviews most often use writing competitions to screen members. Student in their first year of law school can join and if picked, write those case notes and comments that come out during the school year. Senior student soften hold the editor positions while those younger are assigned to staff positions.

Why is it important to join a law review?

Law reviews and journals serve as platforms for legal discourse in the academic level. Though articles done by a student can hardly influence any major legal decision in the field of law, such articles can be cited to be of great integrity as these are usually well-researched.

Having the name of your law review as a bullet in one’s resume is a good bait to reel in prospective employers. Law firms are on the look out for candidates with the best credentials, and membership with a law review or journal signifies that the candidate possesses exceptional qualities.

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US Supreme Court Notables: Holmes, Cardozo and Scalia

November 4th, 2008

US Supreme Court justices have been a source of inspiration and instruction for most law students. Here’s a look back on three famous judges turned justices who have left their mark on the face of the country’s judicial process.

Oliver Wendell Holmes, Jr.

Chief Justice Holmes, who authored The Common Law, is an icon that pushed others toward proper legal thinking. Holmes went to Harvard for his undergraduate then participated in the American Civil War. After being wounded in battle, Holmes returned to Harvard to take up law.

After a year of teaching at Harvard Law, he became the Chief Justice of the Supreme Court of Massachusetts and became notable for his bold reasoning. President Roosevelt nominated him for the US Supreme Court Chief Justice position which he won on December 8, 1902.

Chief Justice Holmes defended and made clear the scope and limitations of the freedom of speech, and he became the proponent for most of the liberties enjoyed by all up to the present.

Benjamin Cardozo

Chief Justice Benjamin Cardozo was nominated to the US Supreme Court in 1932 by President Hoover following the death of Chief Justice Holmes. Cardozo entered Columbia Law School in 1889. Cardozo practiced law until he joined the Supreme Court of New York in 1914. His nomination to the post in the US Supreme Court by President Hoover was unanimously seconded by everyone.

Cardozo produced treatises that have become valuable texts for the study of jurisprudence: The Nature of the Judicial Process, The Growth of the Law, and The Paradoxes of Legal Science.

Antonin Scalia

Antonin Scalia has been made famous for his scathing wit and argumentative styles. Scalia studied law in Harvard and was even the Notes Editor of the Harvard Law Review. He taught at Stanford, Georgetown, and University of Chicago while dabbling in a political career as a public servant. Presently, the second most senior Associate Justice of the US Supreme Court, Scalia has made a lot of distinctions in his colorful career.

Scalia believes that the Constitution is a legal document that should be the basis for many of the rulings in court, not as a living organism that can be interpreted for the benefit of others. This textualist and conservative approach somehow challenges law students to view the Constitution for the most succinct approach. Scalia has authored a new book called Making Your Case: The Art of Persuading Judges, which is is endorsed by The Federalist Society.

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A JD/MBA Degree’s Worth

November 2nd, 2008

Passion for a certain profession drives a lot of people in getting a graduate course as many a personal statement law school points out. Although this may also mean advancing your career by adding bullets to your curriculum vitae and adding degree titles to your name, graduate school means one thing – burning the midnight oil. One graduate course may be suffice to put a dent in one’s normal routine, so how about taking up two? Why not go for a joint MBA and a law degree?

Law and Management

A Juris Doctor degree is essential and is the first ticket to the practice of jurisprudence. After passing the state bar exam, one can be proclaimed a lawyer and get into either private or public practice.

Garnering an MBA on the other hand is one of the more chosen pathways taken by those in the management field. An MBA is better suited for young professionals who are looking to advance in the corporate ladder by getting experience and educational training on administration, finance and accounting, consultancy, and other fundamentals necessary for the management of a particular business.

MBA-JD Program

As unrelated as they may seem, these two post-graduate degrees can now be taken under one program. Applicants can send off their personal statement law school essays and other requirements to reputable schools such as Harvard, Stanford and The University of Memphis among other academic institutions that offer the JD/MBA degree.

Benefits

So how does having a degree in two of the heaviest subject matters help an individual?

The MBA-JD program is beneficial for those who go corporate, or as in-house legal counsel of top reputable firms. Having a knowledge of how the business side works and having a client-oriented perspective opens up new areas of opportunity. This dual degree definitely raises your viability many notches up, as companies go for individuals who are multi-specialized and individuals who have an awareness aside from their work experience.

However, law firms have a different view as they see JD/MBAs as ‘tainted’ or more oriented toward the business side rather than jurisprudence. A JD/MBA degree could, however, help a lawyer effectively make a career shift - from a legal to a corporate one.

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What do Top Law Firms Look for in Applicants

October 31st, 2008

There comes that time in the academic calendar of law schools that law firms come a-knocking to harvest “summers” or interns and potential employees. Career services of law schools work closely with various law firms to set up mass interviewing to select and woo potential interns. Even if these law firms are the ones who are doing the chasing, their recruiting people still have a set of standards on which the potential summers and employees can be measured against.

Grades

Of course, law firms are quick to snatch up law students who exhibit high grades and academic achievements as these are the easiest ways to measure an applicant’s aptitude. Some top law firms explicitly look at the students who are in the top percentile of the class.  However, despite grades being tangible factors, there are other attributes that would make a good lawyer.

Communication Skills

Undoubtedly lawyers should possess good communication skills. Potential summers and employees must be able to exhibit exemplary oral and written skills as they can be tasked to prepare memos, arguments, briefs, and other official documents that may be used in real court proceedings. Add to that excellent logical and analytical thinking and law firms have in their hands the makings of a great asset.

Staying Power

In the end, law firms also look for people who would fit into their own culture. Some prestigious law firms shower their summers with perks such as high allowances, paid nights out, lavish dinners, and even expensive trips just so they can see who would stay beyond the three months of the internship period. Those who can look beyond the perks and still do their tasks well will certainly be asked to stay on after the internship is over.

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The Bar Exam: What Is It and How To Prepare For It?

October 29th, 2008

The bar exam is a qualifying test that law degree holders take to be able to practice law in a given jurisdiction.

A bar exam is usually made up of a series of different tests comprising multiple-choice sets and essay questions. However, bar exams differ across states because each state has its own bar regulatory board. It would be a good tip to take the bar exam in a place where you would most likely work or practice law. The best way to check what kinds of tests your state bar association would require is to check out their website. Also ask for information from your law school’s career office if possible.

Other exams

The Multistate Professional Responsibility Examination (MPRE) is a set of standardized tests that should be taken across all states except for Maryland, Wisconsin, Puerto Rico, and Washington. Some states require lawyer hopefuls to undergo character evaluation before becoming licensed attorneys-at-law.

Preparing for the bar exam

Bar exam review schools
One option that you can look into to prepare for the bar exam is to attend a bar exam review school. The bar is not like a typical final exam that one can study for on his or her own. Instead, reviewing for the bar requires intensive and guided study on the various subjects of law. Some recommend that reviewing for the bar should be treated as a full-time job to achieve the best results. Bar review schools may also provide supplements and exercise based on the questions from the previous year’s bar exam.

Preparing your logistics
This applies especially to those who would be taking the bar exam in a different state. Book your flight or passage ahead of time and make sure you have adequate board and lodging. Map out your transportation as well and anticipate any disturbances such as traffic and the size of the crowd during the bar exam.

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Tips on Breezing through the Law School Admission Interview

October 27th, 2008

You may have proven your aptitude with the LSAT as well as the entrance exam to a certain law school. You may have passed an impressive personal statement law school essay along with the two letters of recommendation from people who know you well. But still, the law school you are applying to requests for a personal interview by their admissions panel. To be able to finally get into the law school that you want, you have one more chance to prove yourself worthy.

Prepare before the interview

Once you have received an invitation, confirm your appointment as soon as possible via phone. Ask for specific instructions and make sure to take note of all of them. It would also be all right to ask who will be conducting the interview so that you can do a little research on them as well.

Read up on the law schools’ history

Aside from researching about the panelists’ backgrounds, research about the current issues on their campus as well. Stay abreast of other current issues of the country as panelists may also ask for your opinions on such.

Conduct an ocular

If possible, go to the campus and familiarize yourself with the area and the place where you will be interviewed.

Review

Review the personal statement law school essay that you submitted. Panelists will likely pull questions from the personal statement law school essay and other credentials that you have previously submitted to them.

Get to know yourself

Panelists would very much like to know an applicant from the person who knows him or her best: himself or herself. Sometimes, practicing in front of the mirror can help you condition yourself to answer confidently and correctly.

On the day itself, dress appropriately. Conservative suits and appropriate footwear can work well for both men and women. Keep jewelry, make up and even perfume to a minimum. Do your best to look presentable and clean.

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