The adventures of a middle aged law student

Thursday, September 30, 2010

Patience and humility


Lessons to learn-patience and humility.  But if I haven't already learned them, not sure I can now.  

I guess one of the lessons I need to learn is patience, in addition to all the facts of the law and the art of law.  I know we have to go through the topics on the syllabus, but I want to get to the meat of it, to follow the rabbit trail, explore the philosophy of the law.  The professor will have none of that, though. I need to figure out how to relax and not be fully engaged, and yet, be engaged so as not to miss things I need to hear.

But what of the philosophy and arguments of the law?  The beautiful thing that I fell in love with.  Will this professor and others squash it like a bug?  How do I prevent that while staying engaged in class?

Or perhaps I do not need to stay engaged in class.  It is not a grade component, and the case studies are a small part of what I need to learn.  This year I need to learn the black letter law, and I need to practice issue spotting.  I need to learn CA law, Model Penal Code, Restatement of Contracts, Second, Second Restatement of Torts, and common law above all.  Class will help but I don’t need to talk in class.  Or so I am attempting to convince myself.

The Professor does a quick review of where we left off.  Then he gives us some rule of law and we go into a case.  The student called on must stand to brief the case.  At first this struck fear into each student’s heart and several got lost in their own notes due to the enhanced anxiety.  But now most seem to take it in stride.  Each professor has their own preference as to how to brief, and this one really wants to hear a very brief summary of the facts, and then the issue and rule.  No fluff, just concise.  He particularly likes it when you get it wrong-this is a much greater opportunity for a teaching point.   Only what happens when you don’t give him enough wrong answers?  Or are foolish enough to ask a question that isn’t on the list of topics for the day, or takes today’s topic to it’s next stop-but not on the agenda.  Boredom, frustration and resentment.  But all of those harm only me, and so I need to figure this out.

And that is where a little humility will aid me.  This is not all about me, even if my attending law school is all about me.  The class and the syllabus are not.  This is not learning by sitting at the knee of a great philosopher, it is pragmatic instruction by practicing attorneys.  And while I would love to get into the study of jurisprudence and the philosophy of law, I do not know enough yet, and I need to find willing other students to engage in this.  Classes are for briefing and syllabus following...

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