Should you really go to law school?

Despite the down economy and big firm layoffs, college students are still beating down the doors of law schools in America. More people — 60,746 — took the most recent LSAT on September 26 than had ever taken the exam before. The number of LSAT takers has been on the rise since 2007, but this is the largest jump since 2001— nearly 20% over last year.

I won't dig into the reasons for this increase too much. (If you are interested, this thorough post on Most Strongly Supported has a good discussion.) But for any person considering law school or a legal career, this is a good excuse to discuss the question of whether you really should go to law school.

There has been a flurry of articles and blawg posts lately about whether a legal education is really a good investment. Vanderbilt Law professor Herwig Schlunk wrote an entertainingly-titled article "Mamas Don't Let Your Babies Grow Up To Be ... Lawyers," and Paul Caron of TaxProf Blog asserted that "Going to Law School Is Like Starting to Smoke." There's a healthy dose of humor and pessimism in both those pieces, but even the most optimistic observers have to recognize that the legal profession is undergoing a shift that is destroying many of the institutions that made it so lucrative. Aspiring lawyers must now realize that they might not have a job waiting for them when they graduate from law school. And law schools, particularly those in the top tier, have become more like big businesses than halls of learning. While the median income of lawyers increased by 25% from 1987 to 2002, the average law school debt increased 400% over that same period. In 2005, the average graduate of a private law school had $78,000 of debt from law school alone.

Young LDS students considering legal careers should carefully consider these sobering number, in light of Mormon Church advice on avoiding debt. I have heard many people within the Church say that borrowing money is okay for purchasing a home, obtaining an education, and sometimes to purchase a vehicle. But given the housing market collapse and the rising costs of a legal education, students should understand that neither a house nor an education is always a good investment.

While some parts of the country are still under-serviced, there are probably too many people getting into the practice of law. Last month Justice Antonin Scalia commented that he thought that America is "wasting some of our best minds" on lawyering, when other fields lack qualified applicants. After last September's jump in LSAT takers, the ABA Journal took the unusual step of suggesting that applicants "consider the alternatives."

My advice to people considering law school is the same that it has always been. If you are interested in the practice of law, then by all means, pursue it. But if you don't know what to do with your life and you know lawyers can make a lot of money, I think it's a bad decision. I also recommend that future law students find out for themselves whether they will like legal practice. Most law schools will let you sit in on first-year law school classes, and you can volunteer or do internships at legal offices to find out what the practice is really like. It is better to find out early on that you wouldn't really like being a lawyer, and if you do like it, the experience will cement your decision.

This content is cross-posted from LDS Law.

Legal Briefs: Phoenix Temple Opponents, Elizabeth Smart Kidnapper Pleads Guilty, Bishop Told of Abuse

• Mormon temple opponents in Phoenix raise funds, hire an attorney. AZ Central

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Legal Brief: LDS Church Nondiscrimination, Phoenix Temple Zoning Approved

• The LDS Church declares its support of nondiscrimination regulations that would extend protection in matters of housing and employment to gays in Salt Lake City. LDS Newsroom

• Statement from LDS church regarding Salt Lake City's non-discrimination ordinance. Deseret News

• Phoenix planning commission approves zoning changes for Mormon temple. Fox 10 AZ

• Neighbor vs. Neighbor over Mormon Temple in Phoenix. Fox 10 AZ

Day in the Life of a Law Student

• 7:00 - 8:00: I woke up and got ready for the day. For my International Human Rights class, my partner and I are going to be doing a mock deposition which required me to wear my suit and tie. I much prefer my normal ensemble of jeans and a T-Shirt. 
• 8:00 - 9:00: Drove to school and there wasn't any traffic. Not surprised. I get a kick out of watching the early morning news and their coverage of Dayton's traffic. They show live shots of the freeways and say "yep, traffic is still moving nicely." It doesn't matter whether it's 5am or 5pm, the freeways are always empty! I don't know why they think they need to remind you every ten minutes that there's no traffic.

          I have a 9:30 class that I'm (supposed to be) reading for right now. It's one of those rare classes where       the professor doesn't call on anyone in class which makes it so easy not do any all of the reading. She just lectures and then will periodically ask "what do you think about this situation?" I'm heading into class now. In law school if you show up ten minutes early you're on time and if you show up 5 minutes before class starts you're five minutes late. I better hurry so I won't be late.

• 9:30: Professors are a bit like comedians, once they come up with some good material they just stick with it. They have you read the same cases, they make the same comments, and of course, tell the same jokes. So you can get notes from friends who have previously taken the class and read right along with the professor. I have a friend who took this class last semester and she is a superb note taker. She literally typed everything the professor said. It makes it so much easier because now I don't have to take notes, I can just add comments as the professor lectures.                                         Here's a good tip for you: go to Outline Depot, have about 40,000 outlines on their site. You can download the outlines for free. All they ask from you is to give them one of your outlines. You can look up the outlines based off of the school, professor, class, textbook. Some of the outlines are unbelievably good. Print off a copy and then read what you're going to cover before each class.
• 11:00: Reading for my evidence class. This is one of my all-time favorite classes. I like that there are some concrete rules you can "hang your hat on". I also really like this professor because he really knows his stuff. He litigated for many years and is now a judge. He sat "first seat" in 20 homicide trials. He's one guy I would NEVER want to have to go up against in a case. But back to my reading, I'm trying to understand the rules for assertions and how they relate to the hearsay rule. The book says, "...the court did not pursue its inquiry beyond the point of concluding that evidence of an 'implied' assertion must necessarily be excluded wherever evidence of an 'express' assertion would be inadmissible." It goes on to say that "no oral or written expression was to be considered as hearsay, unless it was an 'assertion' concerning the matter sought to be proved and that no nonverbal conduct should be considered as hearsay, unless it was intended to be an 'assertion' concerning said matter."   I'll understand this concept as soon as I figure out what the following words mean: hearsay, implied assertion, express assertion, assertion, statement, and non assertive verbal conduct. Wish me luck.
• 12:00: I ran down to the lunch room, which is called "The Jury Box", to grab a quick bite and then get back to reading for my afternoon classes. I was going to make it real quick but then I got invited to the to the Christian Legal Society Luncheon. I wasn't all that excited about going but I didn't want to be rude so I took my lunch with me and listened to the speaker. Unfortunately, we don't have a J. Reuben Clark Law Society chapter here. We are at an all-time high right now with four LDS law students. I really wish I did go to a school with a chapter because I think it would be a lot of fun.
• 1:30: Went to my Professional Responsibilities class. The professor does a good job of making it 'real life' and allowing students to truthfully answer that they may bend the rules in certain circumstances without lecturing them and telling them they're wrong. There can be a lot of really complex moral issues that get raised and some of them can be difficult to resolve. For instance, if a client of yours tells you that they murdered someone and at the same time an innocent person is being prosecuted for that same crime under the Professional Rules of Conduct. You would be breaching client-confidentiality by telling anyone that the person being charged with the crime is really innocent.
• 2:30: Evidence: The professor called on a student to tell us about a complex case we had been assigned to read. After a few minutes it became apparent that the student hadn't read the case very closely. The professor then asked if anyone would like to volunteer as "co-counsel". No one in class raised their hand and so after a minute I volunteered. I felt like I knew the case when I raised my hand but after a few minutes of being drilled with questions I wasn't sure what was going on and fumbled my way through the case. Oh well, I guess if you're going to look stupid when telling the class about a case it might as well be a hard one!
• 3:30: I am taking a Law Practice Management class this semester. We have had to create a mock law firm and figure out the logistics as if you were starting your own firm. Next Monday my law firm and I have a business plan due. I'm responsible for covering the technological aspects for our firm". I've researched all the hardware and software a law firm would need to operate catering to 5 attorneys. The overall costs are staggering. On the hardware side we'll be purchasing computers, printers, copiers, scanners, postage meter, television, video camcorder, server, switches, shredder, Blackberry's etc. On the software side we'll be purchasing TimeMatters, LogMeIn Pro, QuickBooks, Adobe Pro 9, Base Case Solutions, HotDocs, Windows 7 Pro, Lexis Nexus access. The list goes on and on. 
• 4:30: Still working on the business plan. I'm describing the costs and purpose behind each of the tools of technology we will be purchasing. It's a tedious process but I'm almost done. I just keep reminding myself that there is no final in this class! 
• 5:30: Deposition time! (I'm writing this after the fact. I don't think anyone would have liked me sitting there with my laptop typing away). The law school does a great job of making these type scenarios as real as possible. In the basement of the law school there is an area with offices and a large conference room set aside for mock interviews, depositions, and arbitrations. Attending the deposition was myself, my partner, the professor, the plaintiff's two attorneys (two of my classmates), the plaintiff (a paid actor), a real stenographer, and a camera guy. So, it was a little nerve racking to ask the right questions with so many people listening to everything you say. But I didn't say anything to stupid and we got through it. It was good practice, it's nice to get to do it when it doesn't matter so that when I do it and it does matter I'll have some experiences to fall back on.
• 6:30: I'm hungry and I don't have any food left at school. So I walk back out to my car, get in, turn the key and nothing happened. The car was completely dead! I then looked and saw that I had left the head lights on all day. How stupid can I be? I swear I've never done that before and of course I don't have jumper cables. Who would keep jumper cables in their car? After phoning in a favor I got my car started back up and was on my way home. And guess what? There was no traffic!
• 7:30: I finally get back home. I make me some French toast. Doesn't taste too bad but at this point I'd eat just about anything. 
• 8:30: I'm done eating and have had a minute to read emails and return phone calls.
• 9:30: I've got a ton of school work that needs to get done but I'm not feeling real motivated and the Biggest Loser is on. Plus why do today what you can put off until tomorrow?

What's it Really Like to be a Law Student?

Before starting law school I often wondered what it was really like? Can it really be that much harder than being an undergrad? Are professors really as mean as people say they are? Will I be able to keep up with the work load required? I spent hours visiting every blog and website I could find to learn what law school was really like.
Tomorrow I will attempt to write every hour of my "work" day to give future law students a glimpse of what a day in the life of a law student is really like. Check back on the hour, every hour. Additionally, I will 'tweet' my updates.
Come follow the law school madness.

U. of New Mexico Women's Soccer Player Attacks BYU

I know it's all over the web and TV but if you haven't seen the crazy things this University of New Mexico women's soccer player did to BYU's soccer team, you gotta see this. Could she be charged criminally for some of the things she did? Especially the hair pulling.

2 Year JD or the Traditional 3 Year JD?

Graduating from law school in two years would have been impossible until 2004, when the almighty American Bar Association lifted the requirement that law students receive six semesters of training. In 2005, the University of Dayton became the first law school to develop a two year program. Since that time Northwestern University and Washburn University have developed their own two year programs.

By starting law school at the beginning of the summer and by taking one additional class to each semester, law students graduate in five semesters instead of six, shaving off a full year to graduation. This modified schedule still allows the a law student one full summer off. On a two year track you take 18 credits each semester for five semesters for a total of 90 credit hours. On the traditional three year track a student will take 15 credits each semester for six semesters for a total of 90 credit hours. I am on the two year track so I know first hand the good and bad of hurrying through so fast.

What are the advantages to the two year program?

• Obviously you graduate one year faster! Many attorneys that I have spoken to said the third year was largely a waste of time and if the third year really is a waste of time then why not remove it altogether?
• You save a full year's cost of living expenses. Depending on what city you live in and if you have a family or not the extra year of living expenses can easily be $24,000.
• You will enter the work force one year earlier and (in theory at least, but who knows with today's economy) earn an additional years income.

What are the disadvantages of the two year program?

• Your class rank is compiled with the school as a whole and not just the other students on the accelerated class schedule. This can be a disadvantage when you're taking the same courses in two years that other law students are taking in three.
• It's difficult to find the time to join in outside activities such as the 'student law societies'. During your first year of law school you're struggling so hard just to keep your head above the water and then during your second year you're busy working, preparing bar applications, studying/taking the MPRE, and trying to secure a job after law school that its easy to not join in any extra activities. 
• With only one summer off it makes it more difficult to find permanent work.
• When you graduate from law school you don't have the work experience that other students have.
• Unfortunately you still pay for three year's worth of tuition. For instance the University of Dayton charges by the credit hour for it's courses not by the semester and so whether you complete your 90 credit hours in two years or three the cost is still the same. 

Final verdict?

Two year programs aren't for everyone, I'll admit to that but if you are considering a two year program ask yourself this; where will I be in three years if I start on a two year program versus the traditional three year track? In 36 months from starting law school, a student on the two year program will complete their 90 credit hours, study for the bar exam, take the bar exam, wait several months to receive their bar results, (upon successfully passing the bar) be admitted to a state bar, have been actively working as an attorney for approximately six months, and received a year's worth of income. While a law student on the traditional three year program will have completed their 90 credit hours and accumulated approximately $24,000 more in living expenses. For me the decision wasn't easy but I am happy with the choice I made.

In response to a commenter

Last month I noticed a lurking commenter on this site that also commented on one of Jeff Breinholt's posts over at Mormon Matters. (Jeff is a DoJ attorney with a superb series of legal posts. If you haven't read his stuff, I highly recommend it.) The commenter identifies himself as Frank Fox, who Jeff named as one of the pro se litigants who has filed multiple spurious lawsuits against the Mormon Church.

I got curious about these cases, and found several opinions dismissing two of Fox's previous lawsuits. The first lawsuit, Fox v. Hawk, was dismissed sua sponte under F.R.C.P. 12(b)(6). (Cases filed pro se and in pauperis can be reviewed sua sponte under Hall v. Bellmon.) The Utah District Court gave Fox a chance to amend his Complaint, but the Amended Complaint still failed to state a claim and the case was ultimately dismissed on May 9, 2008.

Fox filed another pro se suit on February 27 of this year in the case Fox v. Eyring. Fox identified Henry B. Eyring as the leader of the Mormon Church, and alleged various claims, including that Eyring and the Church had violated his civil rights under 42 U.S.C. §1983 and §1985 and had cyberstalked him. Acting sue sponte, the Utah District Court again found Fox's claims to be baseless and dismissed  the suit for failure to state a claim.

Not easily deterred, Frank G. Fox filed a new case in his home state of Louisiana a mere week after the dismissal of the Eyring case. In Fox v. Tippetts he again alleges civil rights violations by the Church of Jesus Christ of Latter-day Saints. Fox says that the Church hasn't yet responded to the lawsuit, and I haven't seen any of the filings. However, unless Fox's pleadings have improved significantly since Eyring, this case may be doomed to a swift dismissal as well.

My guess is that almost any large institution or public figure continually face spurious lawsuits. In fact, Jeff Breinholt's research seems to show that the Mormon Church faces more than it's fair share of frivolous litigation. But these aren't the sorts of cases that keep the Church Legal Department up at night.