FAQs From 1Ls

Questions 1Ls are asking right now. Welcome to law school!

This week’s column is devoted to those questions I have received from 1Ls.

When should I start outlining the course? I hear from 2Ls that I should wait a few weeks.

That might be because they waited a few weeks. But I wouldn’t.

First, see my “How to Study” column about preparing for classes. You should start outlining the first week of class. The outline is a method of synthesizing your class notes, material from the casebook, and other materials you’ve read into a coherent format that explains the rules you are learning from class. If you wait, you’ll forget things. You’ll be on to other topics. It will also seem more overwhelming a task, as you’ll start off behind.

As your learning develops, you might change what you did in the first weeks of outlining, but you’ll be in a way better position having put in the initial effort.

Other students seem to be getting things far faster than I am! What do I do?

I think that’s probably just your insecurity talking. It is very difficult to focus on studying if you’re worried about how everyone else is doing compared to you. Plus, this is a marathon, not a sprint. If someone understands something now, that doesn’t mean they won’t be stuck on something that you understand easily later. Regardless, focus on your own learning. Don’t get distracted by the impression others might be giving. Some people do a better job of concealing how lost they are than others.

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My professor uses Socratic method and is scaring me. Am I being abused?

A professor who teaches in a traditional Socratic fashion isn’t trying to abuse you, or at the very least shouldn’t be.

The purpose of Socratic method is three-fold. First, it is to force you to think fast “on your feet.” You may be in front of a skeptical or obstinate partner, client, or judge, and you have to be able to assert yourself without losing your cool. Second, if done right, Socratic method guides your thinking, forcing you to consider alternative facts or outcomes and what those things mean for the rule of law. Third, it is to assure active learning (at least for the person called upon). In contrast to a straight lecture, you’ll be more prepared if you know you’re going to get questions.

Having said that, if done wrong, Socratic method can be abusive. Someone doing Socratic method should never insult the student or bully. If that’s happening, then your professor probably has a self-esteem issue.

One of my fellow students is talking badly about other students, starting rumors, being insulting, and disrespectful. What do I do?

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There are people you encounter in law school and elsewhere who thrive on drama. I’ll call these folks “drama llamas,” although in some psychology literature they are called energy vampires. They will insult, gossip, or talk negatively about others to draw attention away from themselves and their own insecurities. It is a poor way for them to feel better about themselves because no matter how much they tear others down, they will never feel good about themselves.

This type of behavior should have no place in a law school or any profession, but you will encounter it. It is vitally important you don’t give drama back. Yelling at people who are drama llamas will only reward them. Negative attention is still attention. In other words, a drama llama is seeking drama, and that means seeking your negative reaction. Don’t give back in kind, as that too will be something upon which the drama llama thrives, and you don’t need to fight a war while in law school.

The best strategy is a short, positive, conversation-terminating response, if you are forced to deal with a drama llama. A drama llama might say “Did you hear X’s answer to the prof’s questions? What an idiot!” The proper response was “I’m sure X is very smart.” After a few times of this, the drama llama should grow tired of you and move on. If not, then you can certainly excuse yourself. “I’d love to talk more, but I really need to focus on doing well in law school.”

In short, you only have a certain amount of emotional energy. Use it sparingly. Don’t give it away to drama llamas. Spend time with people who will be supportive and replenish your energy.

Of course, if the drama llama gets out of hand, then you can always visit the Associate Dean.

Will the Professor think I’m stupid if I answer a question wrong?

No. If you are prepared but are struggling, the professor likely isn’t thinking anything about you at all. Rather, the prof will likely be wondering how to ask a good question of you such that you and the prof can lead the class through the discussion.

Having said that, if your prof is saying things like “that’s a dumb answer,” then your professor has some issues.

There are two cases, back to back, and they seem to be the same but have different outcomes! Why?

Welcome to law school. This is guaranteed to happen, and is basically one of the joys of putting a casebook together. Your job is to determine what is different between the two cases. It might be the jurisdictions are different and your task is to determine what policies trumped others in each jurisdiction. It might be that the facts are different in some meaningful way, and your job is then to determine which relevant facts in the first case are missing in the second, and vice versa. This is an opportunity to see the nuances of the rule you are learning.

It is also important to pay attention to the dissenting opinions. Often times, while the dissents lose the battle, their position ultimately wins out over time.


LawProfBlawg is an anonymous professor at a top 100 law school. You can see more of his musings here and on Twitter (@lawprofblawg). Email him at lawprofblawg@gmail.com.