Tag Archives: law students

Surviving Law School Bullies

Today I want to talk about one of the uglier aspects of the law school experience–law school bullying. We’ve all had experience with bullying, whether as a victim, a witness to bullying incidents, or even as a bully yourself. The competitive law school environment can feed bullying. Students are targeted by bullies for a number of reasons, including their academic strengths or weaknesses (real or perceived); physical appearance or characteristics; race, sex, sexual orientation, gender identity, or ethnicity; physical disabilities; learning disabilities; mental health; or any other of a host of reasons. As we’ve learned from media coverage of issues related to bullying, such as Anderson Cooper’s documentary special, The Bully Effect, on CNN, the consequences of bullying can be devastating. Bullying can demoralize, humiliate, and isolate its victims. It can affect your mental health, motivation to be in law school, confidence in your own abilities, and desire to interact with those around you. I’m not saying that you should not feel upset or be affected by bullying–your feelings are valid and important. But there are things that you can do as a law student to survive–even thrive–despite the bullying. So if you are bullied by your law school classmates, what can you do about it? Here are a few (nonexclusive) suggestions:

First, understand that you are not alone. You are not the only law student who has been bullied. There’s a reason why I felt that writing this post was important, and that’s because so many students experience it. Moreover, it’s important to understand that not everyone is against you. Bullies are vocal and, as a result, tend to make us feel like everyone thinks the same way about us. But, in reality, bullies are a minority. They don’t speak for most students. Be careful not to adopt an “everyone is against me mentality.”

Second, help is out there. You don’t have to go through bullying alone. There are people at your law school who will support you if you reach out to them–professors, deans, academic support professionals, counselors. We don’t want our law schools to be a climate in which bullying is acceptable, and we will do whatever we can to support you and stop the bullying. But we’re not always in a position to see bullying firsthand. Give us the opportunity to help you and others by letting us know what is going on. We also know of additional resources that may be helpful to you if bullying affects your ability to focus on your academic success and mental and physical wellbeing. We want you to succeed–not just in law school but in life. Take advantage of our willingness to help.

Third, remind yourself that, although bullying is very personal to you (of course it is–how can it not be, when you’re the one feeling its effects?), it often reflects the bully’s personal insecurities as well. Many bullies try to feel better about their own insecurities by putting other people down. In that way, they are really signaling to you how they feel about themselves, rather than how they feel about you. Although it may not make bullying any more pleasant, and it certainly doesn’t make it any more acceptable, that understanding can help you to maintain a sense of perspective so that you can move beyond the bullying experience and focus on your own academic and professional success.

I also want to speak to those witnesses of law school bullying. Don’t stay silent when you see bullying taking place. Speak up! Don’t tolerate bullying among your fellow students. You are our future lawyers–if you do not stand up in these types of situations, who will? And even if you do not feel comfortable speaking out, at least reach out to fellow students who have been bullied and show them that they are not alone.

Finally, a word for law school bullies: Bullying is not acceptable for anyone, but certainly not for future lawyers. It does not reflect the personal character demanded by our profession.

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Filed under General, Stress and Mental Health

Making Flash Cards Work Harder for You

There are some legal concepts that law students just must memorize–there is no way around it! Once you have outlined a topic for a class, you will identify specific rules, tests, etc. that you want to know backwards and forwards. For example, think of how you would analyze a fact pattern for “adverse possession” on your property exam. Although your professor may have worded the elements slightly differently than I have here, you know that adverse possession requires that the person: (1) actually enter; (2) have exclusive possession; (3) have continuous possession; (4) have adverse or hostile possession (without the owner’s permission); and (5) possession must be for the period of time defined by the statute. During the exam you will be feeling a lot of stress because of the amount of information you have studied and the limited amount of time you have to complete the exam. If you do not have the elements memorized, you may forget one of them when you are writing your essay. The result: fewer points, a lower grade.

Many students use flash cards to memorize the elements of rules, key definitions that they want to know word for word, and other important legal information that they want to be able to recall with little effort. Of course you can always write out your flash cards on index cards, but there are also a number of programs and apps available on the internet for free or at a low cost, such as Flashcard Machine, available at www.flashcardmachine.com, and Quizlet, available at quizlet.com

You can make flash cards work even harder for you by using them as checklists for legal issues. A checklist flashcard has the legal issue listed on one side and a list of the possible related topics you might need to address if you identify facts related to that legal topic in an exam question. So, for example, if the legal topic was negligence, you might include on the flip side of the flash card the following related topics, among others: (1) comparative/contributory negligence; (2) vicarious liability; (3) joint and several liability; and (4) the types of damages available. This type of flashcard can remind you to look for related legal issues and maximize the number of points you get on your essay.

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Predicting the Future

Law students hear constant reminders about the need to outline their courses. Often students approach outlining as a chore that must be done, but they don’t understand why outlining is so valuable. As we’ve discussed previously, outlining helps law students to gain a deeper understanding of the law and synthesize various course materials. Today, I want to talk about how to use outlining to predict the future. Most law students don’t realize that they can use a well-developed outline to predict the types of legal issues that will appear on the exam.

So how can you do this? In “Perfecting the Law School Outline,” I stated that the first step to creating a strong outline is to organize it around legal issues rather than cases.  I also described the various categories of information that should be included in the outline. For purposes of prediction, some of the most important categories of information include: policy arguments; competing approaches to the same legal issue (such as majority vs. minority approaches, or common law/Restatement/Uniform Commercial Code); legal issues where there are a range of cases and hypotheticals illustrating complexity in how courts apply the law; and observations about how one legal issue relates to other legal issues in your outline (for example, for your section on the tort of negligence, you might note that defenses and other legal concepts such as contributory/comparative negligence, joint and several liability, vicarious liability, etc. may also apply).

Professors like to test the nuances in the law—areas where there are competing approaches, shifting outcomes based upon facts or policy approaches, and fact patterns that require students to recognize how a series of related legal issues must be addressed in the essay. If, when you create your outline, you look for those nuances for each legal issue and include relevant, focused information about those categories of information, you will be able to identify possible exam topics. Questions will be less surprising to you, and you will have already thought about that legal issue in a context that will be more applicable to the exam. Specifically, you will have organized the law in a way that allows you to more easily access it for exam purposes (in other words, anticipating part of the IRAC/CREAC/TREAC format for legal analysis). The result of outlining in this way is less time thinking and organizing once you are in the exam, giving you more time to demonstrate your understanding and ability to apply legal concepts.

In the end, a good outline is a way of taking more control over your learning process. Doing the hard work during the outlining process translates into less stress and better outcomes.

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Filed under General, Law School Exams, Outlines, Study Tips

Perfecting the Law School Outline

It may sound crazy to talk about how to outline when we are already three quarters of the way through the school year, but outlining is a skill that you can constantly improve—whether you are a 1L, 2L, or 3L. I thought I would take this opportunity to discuss “best practices” for outlining. Maybe after reading this post, you will discover something that strengthens your outlining skills and make your outline do more work for you.

Of course, we use the word “outline,” but a law school outline can be so much more than a document organized by Roman numerals. While it is certainly possible to organize information from course materials using the traditional Roman numeral format, outlines can utilize many forms. Some students use bolding, underlining, tabs, and bullet points to organize their course information, while others use the tables function in Microsoft Word to create organized sections. Still others find Mind Mapping a useful technique. Experiment with different ways of organizing your outline—you may be surprised about what works best for you. You also may discover that what works for one class may not work as well for another. Outlines are personal and should support your understanding of how the course material comes together.

One reason why the outline is so important is that it really is the place where you learn the law. By synthesizing various course materials (case briefs, class notes, other assigned reading, etc.), you gain a deeper understanding of legal issues and see connections among legal concepts. You also identify legal issues that you don’t entirely understand—topics that you need to spend more time on, go back and read about again, or set up an appointment to meet with your professor to go over.

So what should your outline contain? Regardless of format, all strong outlines contain the same basic types of information. The first step is to make sure that your outline is organized around legal issues rather than cases. For each section, start with the legal issue that you are going to focus on. Make sure each section has the following parts, as applicable: (1) history/development of the legal issue over time (For example, when you studied personal jurisdiction in Civil Procedure, you read Pennoyer v. Neff. Although not everything is this case is still good law, it may provide helpful context for your understanding of the current state of personal jurisdiction law); (2) any rules/tests/factors relevant to the legal issue, along with any definitions of key legal terms; (3) policy arguments relevant to how courts decide this legal issue; (4) competing approaches to the same legal issue (such as majority vs. minority approaches, or common law/Restatement/Uniform Commercial Code); (5) cases and hypotheticals illustrating components of the outline described above (in very brief form, focusing on facts relevant to understanding the legal issue that is the focus of this part of the outline); and (6) any observations about how this legal issue relates to other legal issues in your outline (for example, for your section on the tort of negligence, you might note that defenses and other legal concepts such as contributory/comparative negligence, joint and several liability, vicarious liability, etc. may also apply).

If your outline contains this information, it will be the only thing that you need to study for purposes of the final exam.  And, most importantly, you will gain a deeper understanding of legal concepts that will stay with you–not only for the final exam but for the bar exam and the practice of law.

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Filed under General, Outlines, Study Tips