Law Schools

8 Things I Wish I Had Known As A Law Student (With An IP Focus)

FYI, you can still practice IP law -- even patent law -- without a hard science or engineering background.

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With the start of the new academic year, here are eight things that I wish I had known while I was a law student. Of course, since this is an intellectual property column, much of the advice below is related to some aspect of intellectual property law or practice, though the last half of this column applies more broadly.

Here’s the advice I would give to any law student interested in IP:

1. You can still practice IP law — even patent law — without a hard science or engineering background. I’ve covered this topic before in a couple posts, but I’ll say it again. One of the big myths regarding intellectual property is that you must have a technical background to practice in this field. While you do need a hard sciences or engineering background to sit for the patent bar and work in patent prosecutions, you absolutely do not need this background for copyright, trademark, or trade secret law. Even in the field of patent law, you can represent clients in patent litigation or work on patent policy. Do not let a lack of undergraduate degree in hard sciences deter you from IP.

2. Think broadly about IP when selecting classes. It’s easy to target classes with the names “Intellectual Property” or “Copyright” or “Patents” or “Trademark” and assume you’ll cover all your bases, but there is so much more to the world of IP. Related courses include trade law, advertising, cyber/computer/technology law, entertainment, antitrust, communications, administrative law, and more. In my own career, in addition to copyright and patents, I’ve encountered all of these related areas and having at least some basic knowledge can be useful. And pay attention in contracts during your 1L year.

3. It’s okay if you don’t take a specific IP class. Have a conflict and can’t take copyright law? It will all be fine. I did take copyright law and while this background is helpful, I have learned so much more since then, diving deeply into very specific aspects of copyright. I did not take patent law, but my first IP job centered around patent policy and I learned as I went. You don’t have enough time to take every class that interests you, so don’t stress out about missing out on a specific IP class. And on that note, a number of practicing attorneys told me while I was in law school not to worry about taking “bar” classes. They told me that my bar prep class would teach me everything I needed to know and I would be fine on the bar exam. I didn’t (fully) listen to them, but they were right. Take the classes you want to take.

4. Take a variety of classes with many different professors. It’s easy to try to follow your favorite professor around from class to class, but I think it’s a good idea to take a variety of classes with different professors. You may find that you like a different area of law more (or less) than you originally anticipated. What I failed to fully appreciate as a law student is that while it’s easy to get caught up in substantive knowledge, the training of law school is designed to teach you to think like a lawyer. Having different professors allows you to see how different people approach the law, the questions they ask, and the angles they take.

5. Network, network, network. It’s never too early to start networking, especially if you want to practice in a specialized area of law. Seek out attorneys practicing the type of law you’re interested in and try to set up informational interviews. Go to panels or talks about IP (bonus: most talks featured free food, usually pizza) and introduce yourself to the speaker. Talk to your law professors and see if they’ll connect you with an alum who practices IP. You’ll learn more about the field and various pathways and expand your network which is helpful in every stage of your career.

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6. It’s okay not to know what you want to do after law school. When I went to law school, I had some vague interest in health law, not really understanding what that meant. I also was interested in civil and human rights and wanted to go into the nonprofit/public sector after graduation. During the summer after 1L year, one of my professors asked what I wanted to practice after graduation and, caught off-guard, I admitted that I wasn’t sure. I felt like a fraud, like I should have some grand plan at this point. Instead, this professor kindly said that it was okay and he didn’t know what he wanted to do while in law school. He told me about almost falling into his area of expertise after writing a law review article that resulted in a lot of attention and interest. At the start of law school — indeed, probably at any point during my law school career — I would not have said, “I’m going to be an IP attorney.” But here I am, 10 years out of law school, having practiced in the areas of patents, copyright, and IP enforcement (as well as some related areas) for nine of them.

7. Enjoy law school. It’s hard to say this to a 1L who is terrified that his entire grade is dependent on a single final exam, to a shy student afraid of the Socratic method, or to someone who has heard any number of horror stories about law school. Every school is different, and every incoming class is different, so I don’t mean to suggest that my experience will apply to everyone, but I sincerely wish every law student would take the time to enjoy law school. Three years will go by quickly and law school is a time when you can explore, intellectually engage, and build your love for the law.

8. All law is interesting when you dig below the surface. This final piece of advice is something I heard from a professor during my last semester of law school: All law is interesting when you dig below the surface. I certainly think this statement is true and it goes a bit to point number 7. Take the time to really delve in deeply, because the law is so much more interesting when you dig deep into a subject. For example, I dreaded Federal Income Tax, then a required course at my alma mater, but it ended up being one of my favorite classes. I was lucky that my professor made that class entertaining, but I also invested a lot of time in understanding the topic. The same was true for other classes that I invested time and energy into learning. You get back what you put in, so dive in and enjoy. Be curious. Be engaged.

Krista L. Cox is a policy attorney who has spent her career working for non-profit organizations and associations. She has expertise in copyright, patent, and intellectual property enforcement law, as well as international trade. She currently works for a non-profit member association advocating for balanced copyright. You can reach her at kristay@gmail.com.

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