One recurring observation I have of my MPRE students is that test takers fail to appreciate the specifity of the call of the question. What do we mean by that? The call of the question often helps you determine the subject, as well as the right answer. For example:
The MPRE, as you know, addresses areas of judicial canons and the Model Rules of Professional Responsibility, but it also revisits Torts? What? No one ever told me
torts was on the exam?! Okay, maybe not the whole gamet of torts, but
one particular area tested is negligence...
Consider the following fact pattern:
Prissy was injured in automobile accident by Dolly Drunk and hires attorney to litigate against Dolly Drunk. Prissy informs attorney that she is unwilling to accept less than $150,000.00 prior to trial and if the matter goes to trial she would want no less than $200,000.00 A week before trial Dolly's counsel offers to settle case for
$160,000.00 in exchange for a release and dismissal of Prissy's pending action against Dolly. Attorney rejects the offer. The matter goes before a jury, and the jury returns a verdict of $300,000.00. Prissy later learns that the offer of settlement was never communicated to her by attorney. Infuriated, Prissy brings suit alleging civil malpractice liability.
Did attorney's actions subject her to malpractice liability?
There are several options that the Examiners could provide as possible selections in a multiple choice set up. One's initial gut response is Yes,.... because one may remember reading Rule 1.2 which pertains to this question in pertinent part that the “...lawyer shall abide by the decisions concerning the objectives of representation and, as a result required by Rule 1.4. Rule 1.4 which further states that [a] lawyer shall (1) promptly inform the client of any decision or circumstance with respect to which the client's informed consent, as defined in Rule 1.0(e), is required by these
Rules; (2) reasonably consult with the client about the means by which the client's objectives are to be accomplished; and (3) keep the client reasonably informed about the status of the matter.
In the above fact pattern, it is safe to say that the attorney did none of that. But, the answer is No, the attorney will not be subject to liability. How can that be? Look at the call of the question. The call of the question is asking whether the attorney is subject to liability. Liability should alert you to the fact that this is a civil claim, most likely based on negligence (legal malpractice) and negligence is premised on four elements (in the context of negligence actions) Duty; Breach; Causation; and Harm/Damages. Assuming Prissy could prove the first three elements, she cannot prove damages. Recall in the fact pattern that the jury awarded he $300,000.00. Therefore, Prissy was not damaged.
How might the result of this question been different if the call of the question was is Prissy subject to discipline? The attorney most certainly WOULD have been subject to discipline.
For more advice on taking the MPRE, please contact LawTutors to learn more about their MPRE seminar, or working with Joe Keeney, the MPRE Attorney Instructor. (www.lawtutors.net, 617-738-4800)
Friday, September 25, 2009
Thursday, September 17, 2009
The Trials Of Law School - a movie review
I came across a documentary called “Trials of Law School”, and decided that today was the perfect day to pop it in the DVD player and sit back with my dinner and watch it. Let me start by saying that, overall, I enjoyed the documentary, and I would highly recommend it to anyone considering law school. It gives a fairly good representation of the good and bad of law school, and I think anyone debating about whether law school is for them should take a look at this documentary.
The documentary, by Porter Heath Morgan, follows 8 students as they embark on their first year at The University of Oklahoma Law School. My first criticism is that not every law school is The University of Oklahoma, and every law school gives a slightly different experience; due to the faculty, the culture or the geography. For instance, it was said that classes consist of 40-45 students. This is starkly different from most law school, where a first year class typically consists of 150 students. Having said that, Mr. Morgan fills this gap by including interviews with faculty and administration from various law schools around the country. In addition, despite the fact that not every law school will not be identical to The University of Oklahoma, the film does a good job of capturing the typical experience that every first year shares.
First off, the good: The mix of students Mr. Morgan chose was excellent. They are of different age ranges and different backgrounds, all having different responsibilities and concerns outside of law school.
As stated above, Mr. Morgan included interviews with faculty and administration from all over. To be honest, this was my favorite part of the documentary, and I felt it was the most helpful for potential students. I was also impressed with the individuals that Mr. Morgan chose to include, since many of them, like Rich Freer and Eric Posner, are renowned in the legal field. I also found myself nodding in agreement with many of the interviews, since they were highlighting points that, as a professor myself, I am consistently stressing to my students. Many first year students currently going through the process, as well as incoming students, can benefit greatly from a lot of the advice doled out.
I found that the movie really captured the “essence” of law school, and the stress involved. I also loved the parts about finals, since again, it really captured what it is like to go through the stress of law school finals, which are nothing like anyone has ever been through before law school. I also loved a comment about law school being like high school, which, for good and bad, is completely on point!
It was also great how Mr. Morgan wrapped things up at the end, with the ability to show people that there IS life after your first year, and those first exams are NOT life or death. You can move on, you really really can!
I also found the bonus feature “Think Like A Lawyer”, is an incredibly bonus for current first years!
Now, for the not so good: I often found the narrative a bit choppy. It was really difficult to get invested in the lives of these students. I was also disappointed that Mr. Morgan did not dive as deep as I would have hoped into certain areas. For instance, some of the students were parents, and some were dating others in their group, and these would have been very interesting areas to dig just a bit deeper into, however, the viewer was only given a taste. So many of my students are “non traditional”, in that they have to balance families and, sometimes, full time jobs. I was so happy that Mr. Morgan included students that face those same challenges, however, so disappointed that we did not see more of how they balanced those responsibilities.
There were also some parts that I found did not make sense, or were just not relevant, like a student getting ready in the morning. I felt that time could have been better used to flesh out some of the other things that were only touched upon.
My only major issue, especially from the standpoint of a professor, is that there was a scene where one of the students contradicted the professor, and the movie never took the focus back to why she MIGHT be wrong, and the professor might be right. She was using real life experiences, and it would have been a PERFECT opportunity for Mr Morgan to discuss with professors about how students that come in with too much work experiences are often at a disadvantage, since they think they know things they do not. Many of my students work while in law school, or have had previous work experience. Even if that work experience is in the field of law, it does not always mean what they learned on the job was correct.
Again, overall I really enjoyed it, and felt it captured the essence of what it means to struggle through your first year of law school. I think this is a must see for anyone contemplating applying for law school, or, for that matter, any current first years!
The documentary, by Porter Heath Morgan, follows 8 students as they embark on their first year at The University of Oklahoma Law School. My first criticism is that not every law school is The University of Oklahoma, and every law school gives a slightly different experience; due to the faculty, the culture or the geography. For instance, it was said that classes consist of 40-45 students. This is starkly different from most law school, where a first year class typically consists of 150 students. Having said that, Mr. Morgan fills this gap by including interviews with faculty and administration from various law schools around the country. In addition, despite the fact that not every law school will not be identical to The University of Oklahoma, the film does a good job of capturing the typical experience that every first year shares.
First off, the good: The mix of students Mr. Morgan chose was excellent. They are of different age ranges and different backgrounds, all having different responsibilities and concerns outside of law school.
As stated above, Mr. Morgan included interviews with faculty and administration from all over. To be honest, this was my favorite part of the documentary, and I felt it was the most helpful for potential students. I was also impressed with the individuals that Mr. Morgan chose to include, since many of them, like Rich Freer and Eric Posner, are renowned in the legal field. I also found myself nodding in agreement with many of the interviews, since they were highlighting points that, as a professor myself, I am consistently stressing to my students. Many first year students currently going through the process, as well as incoming students, can benefit greatly from a lot of the advice doled out.
I found that the movie really captured the “essence” of law school, and the stress involved. I also loved the parts about finals, since again, it really captured what it is like to go through the stress of law school finals, which are nothing like anyone has ever been through before law school. I also loved a comment about law school being like high school, which, for good and bad, is completely on point!
It was also great how Mr. Morgan wrapped things up at the end, with the ability to show people that there IS life after your first year, and those first exams are NOT life or death. You can move on, you really really can!
I also found the bonus feature “Think Like A Lawyer”, is an incredibly bonus for current first years!
Now, for the not so good: I often found the narrative a bit choppy. It was really difficult to get invested in the lives of these students. I was also disappointed that Mr. Morgan did not dive as deep as I would have hoped into certain areas. For instance, some of the students were parents, and some were dating others in their group, and these would have been very interesting areas to dig just a bit deeper into, however, the viewer was only given a taste. So many of my students are “non traditional”, in that they have to balance families and, sometimes, full time jobs. I was so happy that Mr. Morgan included students that face those same challenges, however, so disappointed that we did not see more of how they balanced those responsibilities.
There were also some parts that I found did not make sense, or were just not relevant, like a student getting ready in the morning. I felt that time could have been better used to flesh out some of the other things that were only touched upon.
My only major issue, especially from the standpoint of a professor, is that there was a scene where one of the students contradicted the professor, and the movie never took the focus back to why she MIGHT be wrong, and the professor might be right. She was using real life experiences, and it would have been a PERFECT opportunity for Mr Morgan to discuss with professors about how students that come in with too much work experiences are often at a disadvantage, since they think they know things they do not. Many of my students work while in law school, or have had previous work experience. Even if that work experience is in the field of law, it does not always mean what they learned on the job was correct.
Again, overall I really enjoyed it, and felt it captured the essence of what it means to struggle through your first year of law school. I think this is a must see for anyone contemplating applying for law school, or, for that matter, any current first years!
Monday, September 14, 2009
Torts Tips
So, most of you first years are beginning to settle into classes, and for almost all of you, the first class you really need to tackle is torts. This will most likely be the first exam most of you take as well. Now, for some tortious tips!
1. ALWAYS establish a prima facie case before a defense. If you think about this, it just makes good sense. If the plaintiff's attorney has not established that your client committed battery, why would you bring up self defense? Just as the plaintiff needs to establish a prima facie case to bring a claim, so do you!
2. Remember that bad things happen to good people, and it's not always a tort. Even though we, as a society, as pretty litigious, you can't sue over EVERYTHING.
3. Remember that when establishing negligence, you need DUTY, BREACH, CAUSATION, INJURY. ALL of them. Don't skimp and fail to discuss one of the necesarry elements.
4. Remember that a battery doesn't always have to be HARMFUL. It can be offensive. Harmful OR offensive contact.
5. An assault is an intent to cause imminent apprehension of a harmful or offensive contact. Keep in mind that apprehension is NOT the same as fear.
1. ALWAYS establish a prima facie case before a defense. If you think about this, it just makes good sense. If the plaintiff's attorney has not established that your client committed battery, why would you bring up self defense? Just as the plaintiff needs to establish a prima facie case to bring a claim, so do you!
2. Remember that bad things happen to good people, and it's not always a tort. Even though we, as a society, as pretty litigious, you can't sue over EVERYTHING.
3. Remember that when establishing negligence, you need DUTY, BREACH, CAUSATION, INJURY. ALL of them. Don't skimp and fail to discuss one of the necesarry elements.
4. Remember that a battery doesn't always have to be HARMFUL. It can be offensive. Harmful OR offensive contact.
5. An assault is an intent to cause imminent apprehension of a harmful or offensive contact. Keep in mind that apprehension is NOT the same as fear.
Saturday, September 12, 2009
Get Paid for ACTUALLY Graded Bar Exam Essays
Aspen Publishers is paying for actually graded bar exam essays. We are looking for essays from Florida, New Jersey and Connecticut.
If any of your essays are accepted, you will be paid $250 per accepted essay.
Please email info@lawtutors.net or call 617-738-4800 for more information
If any of your essays are accepted, you will be paid $250 per accepted essay.
Please email info@lawtutors.net or call 617-738-4800 for more information
Wednesday, September 2, 2009
Why Law School Is Different Than Undergrad
Most of you have already figured out that law school is nothing like college. In fact, with the lockers and structured classes, it’s a bit more like junior high! However, there are a few things you should be aware of.
1) Social networking sites: while it feels like junior high, law school is actually a lot more adult than undergrad. You don’t have to become completely responsible and button down, but keep your facebook and myspace profiles clean. Be aware that future colleagues and future bosses could potentially be reading your profile; be careful of drinking pictures, and updates that are too personal. Also, take measures to beef up your security on those sites, and keep them private! Also, be careful of who you friend. Again, I’m not going to tell you not to live your life, and not to be yourself, just be a bit careful!
2) Fellow Students: these fellow students will eventually be fellow colleagues. Make friends, not enemies. No, you’re not going to like everyone, and not everyone has to be invited to your wedding, but it doesn’t hurt to be nice. These are people that you are going to have to work with, and you might need favors from them. The legal community is small, no matter where you are, so learn to be civil. You want to be remembered for your professionalism, not for stepping on other people’s toes or being unpleasant.
3) Study Habits: what made you successful in college most likely wont work in law school. You might have to learn to study a bit differently, so do not assume you can rely on your old habits. I’m willing to bet that many of you were very successful in undergrad with minimal effort and relied on attending class to teach you what you needed to know. Remember that in law school you are among the cream of the crop, so you have to work even HARDER just to stay on track. Merely showing up in class, and doing the minimal reading will not get you where you need to be. Law school requires doing the reading assigned BEFORE class, showing up for class, and THEN studying some more, making sure that you understand and can apply the material.
4) Exams: most undergrad classes were based on multiple choice tests, not so in law school. Most law school classes have a grade based almost 100% on your final. That’s a lot of pressure on one little test! This means that during the semester you can’t slack, because cramming at the end of the semester like you’ve done for finals in the past will absolutely not work. Also, bear in mind law school exams ask for an analysis, not merely reciting laws that you have learned. Therefore, mere memorization of buzz words will not get you by, you need to make sure you have as complete of an understanding as possible of the concepts and reasoning behind the law as much as the rule itself.
5) Majors: In undergrad it is important to pick a major as soon as possible and stick to your concentration. In law school it is a little bit different. Sure, it is important to think about an area that you want to specialize in, but it is just as important to try to broaden your horizons. Save room for dessert, take a course because it sounds interesting. Law school is more about learning how to analyze and interpret the law and apply it to the facts rather than memorizing and retaining the substance of any particular class. You never know what area of the law you might fall in love with.
1) Social networking sites: while it feels like junior high, law school is actually a lot more adult than undergrad. You don’t have to become completely responsible and button down, but keep your facebook and myspace profiles clean. Be aware that future colleagues and future bosses could potentially be reading your profile; be careful of drinking pictures, and updates that are too personal. Also, take measures to beef up your security on those sites, and keep them private! Also, be careful of who you friend. Again, I’m not going to tell you not to live your life, and not to be yourself, just be a bit careful!
2) Fellow Students: these fellow students will eventually be fellow colleagues. Make friends, not enemies. No, you’re not going to like everyone, and not everyone has to be invited to your wedding, but it doesn’t hurt to be nice. These are people that you are going to have to work with, and you might need favors from them. The legal community is small, no matter where you are, so learn to be civil. You want to be remembered for your professionalism, not for stepping on other people’s toes or being unpleasant.
3) Study Habits: what made you successful in college most likely wont work in law school. You might have to learn to study a bit differently, so do not assume you can rely on your old habits. I’m willing to bet that many of you were very successful in undergrad with minimal effort and relied on attending class to teach you what you needed to know. Remember that in law school you are among the cream of the crop, so you have to work even HARDER just to stay on track. Merely showing up in class, and doing the minimal reading will not get you where you need to be. Law school requires doing the reading assigned BEFORE class, showing up for class, and THEN studying some more, making sure that you understand and can apply the material.
4) Exams: most undergrad classes were based on multiple choice tests, not so in law school. Most law school classes have a grade based almost 100% on your final. That’s a lot of pressure on one little test! This means that during the semester you can’t slack, because cramming at the end of the semester like you’ve done for finals in the past will absolutely not work. Also, bear in mind law school exams ask for an analysis, not merely reciting laws that you have learned. Therefore, mere memorization of buzz words will not get you by, you need to make sure you have as complete of an understanding as possible of the concepts and reasoning behind the law as much as the rule itself.
5) Majors: In undergrad it is important to pick a major as soon as possible and stick to your concentration. In law school it is a little bit different. Sure, it is important to think about an area that you want to specialize in, but it is just as important to try to broaden your horizons. Save room for dessert, take a course because it sounds interesting. Law school is more about learning how to analyze and interpret the law and apply it to the facts rather than memorizing and retaining the substance of any particular class. You never know what area of the law you might fall in love with.
Tuesday, September 1, 2009
Take Care of Yourself in Law School
We know you have very little time, so its easy to let things like exercise and nutrition fly right out the window. Take it from someone who has been there, this is NOT a good idea. Find time to go to the gym, or run, or jog, or even go for a walk once a day. I know, it feels like there is absolutely no time, but it IS doable. And in fact, it will make you a better law student. Not only will you stay healthier, which means less classes missed, but it’s a great time to just take a break from the law for an hour. Which brings me to my next “must”; take time for yourself
Again, yes, I know, you have no time. When you’re not in class, you need to be studying, or going to those extracurricular activities, I know. However, it will not kill you to take an hour a day to do something for yourself ; jog, watch your favorite tv show, go on a date, go see a movie. You can not become an antisocial hermit. Trust me, you do that, you wont have any friends once you become a lawyer. And lawyers need friends too! You also need friends, and a support system of family, to help you through law school!
Last but certainly not least, eat right! It’s temping to try to subside on pizza alone. It’s tempting, pizza IS my favorite food, but nightly pies will not do your body or mind any good. At least throw some vegetable toppings on them occasionally! I’m not telling you to never indulge, but try to make an effort to maintain some healthy eating, which will make you feel better, AND give you better fuel to study. A great option if you are in the Brookline area, is Boston Pita Pit on Harvard St is a great option to eat healthy and yummy!
Also, continue to go to the doctor or dentist regularly. No one wants an attorney with funky teeth! Not to mention, you will miss more class, AND more study time, if you put things off.
Remember – law school is tough, and it’s a lot of work, but it does not have to consume your ENTIRE life. Bottom line; take care of yourself!
Again, yes, I know, you have no time. When you’re not in class, you need to be studying, or going to those extracurricular activities, I know. However, it will not kill you to take an hour a day to do something for yourself ; jog, watch your favorite tv show, go on a date, go see a movie. You can not become an antisocial hermit. Trust me, you do that, you wont have any friends once you become a lawyer. And lawyers need friends too! You also need friends, and a support system of family, to help you through law school!
Last but certainly not least, eat right! It’s temping to try to subside on pizza alone. It’s tempting, pizza IS my favorite food, but nightly pies will not do your body or mind any good. At least throw some vegetable toppings on them occasionally! I’m not telling you to never indulge, but try to make an effort to maintain some healthy eating, which will make you feel better, AND give you better fuel to study. A great option if you are in the Brookline area, is Boston Pita Pit on Harvard St is a great option to eat healthy and yummy!
Also, continue to go to the doctor or dentist regularly. No one wants an attorney with funky teeth! Not to mention, you will miss more class, AND more study time, if you put things off.
Remember – law school is tough, and it’s a lot of work, but it does not have to consume your ENTIRE life. Bottom line; take care of yourself!
Subscribe to:
Posts (Atom)