At my school, everyone is required to participate in Moot Court as a pass/fail part of LRW. We could pair up with any 1L and then competed against the entire 1L class for a chance to argue in front of appellate justices. The hardest part was that we had to argue both sides back to back, so by the second time my partner and I were mixing up our arguments over if there was or wasn't a constitutional right. Unfortunately my partner and I did not advance to the second round, which consisted of only the top 16 teams. But that doesn't mean that I didn't learn a lot!
What is Moot Court
Mock trial was a big thing in my pre law fraternity, but I never really got involved. So when moot court came up, I had no idea what I was doing. For those of you who aren't really into these either, mock trial is more where you question witnesses and argue in front of the judge and moot court is more for appeals where you just stand at a podium and talk to a judge. While these are different, I do wish that I would've at least tried my hand at this before I got to law school so I wouldn't feel so clueless.
What you wear
Before we started moot court, a 3L from my school's official team gave us a presentation about what to expect and one thing that he pointed out was that the dress code was strict. "Business Professional" like what you'd see on Pinterest still isn't business-y enough. This has to be Court Room Professional. Black pant suit or a skirt suit with skin-colored panty hose. No tight skirts and skirts should end right around the kneecap. White, peach, or pale pink button up or blouse. No cleavage whatsoever. Close-toed, black heels less than three inches, preferably not patent leather. Nude or pale pink nails. Natural makeup. Stud earrings and minimal jewelry. Hair out of your face. No bold colors and preferably no patterns. The rules were pretty strict, but I did feel like a total badass looking so professional.
What happened
The only people in the room where the four speakers, a 3L (judge), and the timekeeper (bailiff). The order goes like this: Speaker 1 for Petitioner speaks on issue #1 for 7 minutes, Speaker 2 for Petitioner speaks on issue #2 for 10 minutes, Speaker 1 for Respondent speaks on issue #1 for 10 minutes, Speaker 2 for Respondent speaks on issue #2 for 10 minutes, Speaker 1 for Petitioner rebuts Respondents for 3 minutes. This is why it's very important to have comfortable shoes because your feet will start to hurt after standing in one place for so long.
When you go up there, you should have your main arguments outlined in 1-2 pages and a case list. The arguments should really be in bullet points so that you can't allow yourself to read from them. Your case list should have a list of all of your cases, with each case having one sentence summarizing the facts and one sentence summarizing the rule. You'll also want to know what level in the courts that this case made it to and in what jurisdiction. Our arguments were summaries from our briefs because we argued over the same hypothetical issue.
Don't think that you actually have to memorize a 10 minute speech!! Your judge will constantly be bombarding you with questions so in reality you might not even make it through your first argument. Because of this, you really need to start off summarizing the outline of your arguments so that even if you don't get to elaborate on argument two, you still got to mention it. Also, make your arguments concise so that you can cover more ground before getting cut off, because you can always go back and elaborate if you have leftover time.
What I learned
Moot court is all about presentation.
Keep your hands on the podium and don't fidget or move around.
Eye contact is very important.
To maintain eye contact with your judge, memorize your opening and closing statements!
Use your most formal language.
Never cut off or interrupt your judge.
Always begin your response to your judge with Yes or No Your Honor.
Try to answer each judge's question by citing to a case.
Answer a question before continuing. Don't say I will answer this later or my partner will address that issue. Answer. The. Question.
Relate your judge's question to what you say next after answering.
Properly answering questions and your procedure are a little bit better than a strong argument.
Use your opponent's own case against them.
Taking a pause is better than mumbling "um."
Make sure that your arguments are based on facts, not emotions.
Don't be afraid to BS a little if you start to get stuck :)
Be assertive — tell the court what it should do and why.
Don't use I, we, or my client. Instead use the name of your client (Mr. Jones) and call the opposing party by either Petitioner or Respondent. [but not the Petitioner/Respondent]
Most of your time will be spent answering the judge's questions.
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GUYS! In about a week I will be starting my first job at a lawyer's office! Real lawyering! You can imagine how nervous I am about my first day and making a great first impression. There are so many things running through my head that it's hard to sleep sometimes. What do I wear? What do I say? What do I eat? And one thing that keeps coming back is that I really really really don't want to smell bad. No one wants to be that smelly girl from grade school, right?
But overall I do feel pretty confident because I got along great with everyone in my interview and a friend-of-friend (law school is a small world y'all!) had this job last year and has nicely been answering my questions. So I wanted to share some tips I've learned that may help you with YOUR new job!
1. Show up early
There's nothing worse than showing up 10 minutes late to your first day. I also start getting ready a full hour earlier than I normally do! I've come to realize that I always wake up excited for starting my new job and end up taking extra time trying to do my hair and makeup just right. Literally the worst thing that can happen is that you've got half a head of curled hair when you look up and realize that you should've left 10 minutes ago.
I know I have a go-to first day of work and interview outfit, and I'm sure you do too! It's better to be overdressed than underdressed, and a suit jacket can do the trick! My suit jacket and blazers are staple pieces for my work wardrobe that get worn almost every day and can start to fade and stretch if I'm not careful about how I treat them. Obviously this can become a problem since I can't afford to be buying a new blazer every few months! I always want to make sure they are looking and smelling their best and to do this, I use Downy Liquid Fabric Conditioner and Fresh Protect Beads together to protect my go-to interview outfit/office staples against odor, plus fading, fit and fuzz— so they stay looking and smelling their best.
3. Show up smelling nice
Remember those guys who wore wayyy too much body spray in junior high and made you gag? Yeah, don't be like that. Instead, a more subtle way to smell fresh without being overpowering is to use Downy Fresh Protect when you wash your work clothes because it's like deodorant for your clothes with 24-hour odor protection. And that's important because you never know how your day will go! One time my interview turned into being hired right there on the spot and I felt totally unprepared and slightly self-conscious meeting my boss between the nervous sweats and the 10-mile hike around the building. I wasn't exactly smelling like a daisy if you know what I mean. That's why I now use Downy Fresh Protect Beads; it's different than detergent (which just gets out stains) because it prevents odors from sticking to your clothes. This way you never have your worry about how your clothes smell! It's just a little thing, but can really make such a huge difference in your confidence level when you're already nervous about making a good first impression.
4. Show up ready to work
It's easy to fall into a trap on your first day where you don't really get anything done because you don't know what to do or how to do it. It can be hard to ask for help because you don't want to be a bother or seem unqualified, but it's always much better to ask someone so you can learn for next time than pretend to be busy and disappoint your boss. They know you're new and expect a learning curve, so show them they made the right choice in hiring you! If you don't get an assignment right off the bat, make yourself useful and ask someone higher up what they're working on and if you can shadow them for an hour to see how things get done in that office.
Have a bag packed with everything you might need today. If you've been sent any pre-employment documents, have those filled out and ready to turn in once you get settled. Along with that, you'll probably also need your Social Security card and a voided check so that you'll be ready to fill out any tax documents and can get direct deposit set up. I bring my planner and a pen everywhere with me—even on the first day—in case I need to jot down a task, deadline, or things to remember later like the names of people you've met or your computer login information. Another good thing to have just in general is a small touch-up bag with basic makeup, medicine, and a hairbrush.
October is always a difficult month in law school because it's right when your readings start picking up the pace and also when you realize that a month has already flown by and finals feel right around the corner. This is the time when I was starting to struggle as a 1L so if you're in that boat then know that you're absolutely not alone.
In fact, even the person who seems to be like they'll be in the top 10% of your class is probably internally struggling just like you. Everyone in law school struggles because it's made to challenge you and better you. As much as I love law school and always tell people that it's not too bad, it does have some pitfalls.But don't be too discouraged!
I mean, how many of y'all were like me and pulling an all-nighter in college and day-dreaming (4 am is still the daytime right?) about meeting a really rich guy and getting your Mrs. degree so that you can stop with all these group projects. But yet here I am with a Bachelor's degree. Point is, there's nothing in life that will always be easy-peasy lemon-squeezy.
Analyze your situation
First things first, you need to think hard about whether you fundamentally hate law school or if you're just overwhelmed. Law school is a big adjustment because usually you're in a new city at a new school and your daily effort requirement just tripled. That plus you have no clue how you're doing in your classes so you start to stress that you're not doing enough.
The rest of this post is more for those who feel overwhelmed, but if any of y'all truly absolutely hate law school I have some good news. When I was on my phone interview about my externship, one of the interviewers mentioned that I had included my blog on my resume. I told her how much I love law school and how I blog to try to help out other law students or potential law students. She praised me for loving law school and confessed that she hated it but then said that being a lawyer is nothing like being in law school! She told how glad she was that she stuck it out because even though she was not a fan of being a law student, she absolutely loves being a lawyer.
Tackle your problems
Looking back on my 1L year, most of my problems would have resolved themselves if I had done one thing— go talk to my professors as soon as I was having a problem. Literally sooo much weight was lifted off my shoulders when I confessed to my LRW professor that I had missed an assignment. If I would've talked to him as soon as I realized that I had fucked up instead of agonizing for weeks over my mistake, then I would've known right then how to solve my problem instead of going off the edge. And if I would've made an appointment with my property professor to go over a few of my midterm answers that I couldn't understand why they were wrong, I could've had a mini-tutoring time and learned where I was messing up so that I could still have confidence in that class.
I know that most of you won't have missed an assignment or failed a midterm yet, but you get the point. It's really, really easy to avoid your problems and it's really, really scary to face them, but I promise you that it's so much better to just get it over with already! If you're struggling in a class, take the time to schedule tutoring with your professor or an upper-classman. Just narrow it down to a few parts that you really don't understand because they can't exactly re-explain a month's worth of class to you.
Don't hide your problems
Sure we all snap how much reading we have to do and whine about it, but it's time to be honest about your struggles. I know it can be embarrassing to admit that you're not doing as well as you wanted to, but holding this in will just put more pressure on yourself to seem perfect and the secret will get harder to keep. If someone is nosy or ever doubted you wouldn't make it through law school (ugh aren't extended family and old classmates the best!) then yeah they deserve to just get "fine" when they ask you how you're doing. But your parents, siblings, and close friends are your allies! Just tell them that you need to rant and let it all out, tears included if needed.
Undumping on your classmates can be tricky. In one way, you don't know them that well and technically you are their competition so they might not always be the most supportive in this situation. But it's such a relief when you tell your classmate that you honestly don't understand the difference between to similar concepts and she either is like omg me too I thought I was the only one and just dumb! or completely understands it and will take the time to break it down and explain to you how she understands.
If you're feeling overwhelmed, I'm sure a big part of it is because in your head all you can think about is how much reading, briefing, reviewing, and outlining that you have to get done. I know it can seem like a lot so instead of having one never-ending to-do list, break it down and get in a routine. If you review your notes and outline little by little, then you only have to dedicate a few hours a week. This will help clear out your head because you know that you've already got some done and know that you've set aside time to get it done so now that's one less thing you have to worry about.
Break down your to-do lists for what needs to get done today, this week, this month, and next month. Then keep coming back to this list and check off what's done and re-organize. It really helps me go from "oh I need to get this memo done before the end of the semester" to "okay researching cases this week, organizing my arguments next week, working on argument #1 the next week" because then I feel like I'm more in control of my life.
Related: How to make a study plan
One reason why a lot of people end up hating law school is because they hate who they become in law school. Of course you don't have the time to skip class and Netflix all day when you're just not in the mood, but you will have time to something other than just class and read. Think about what you used to love doing in college and try to do a modified version of that. For example, I used to have so much fun bouncing around frat houses going to the different themed parties. I can't do that now, but I can still meet up with some of my close friends to have some drinks and enjoy ourselves. And I used to read all the time and now even though I only have time for about 10-20 pages a night, I still am able to work my way through a book that doesn't have cases in it.
This is also why I've become a fan of studying really hard from 9-4 and then taking time off. Most likely if you're feeling overwhelmed it's because you're also starting to feel burned out. I know it's scary because your to-do list feels overwhelming, but if you don't take some me-time then you are going to lose it. That's not a threat, that's a promise. Shut your brain off from the law every now and then and you'll be amazed at how much more you learn when you come back to it.
This is probably the most important tip I have! When you're feeling discouraged, think back on the stars that were in your eyes when you were explaining your future plans to your college professors when you asked for a rec letter, how excited you felt when you got your first acceptance letter and thought omfg I'm going to law school! I'm going to be a lawyer!, and how proud you were when you told your parents and besties and all of Facebook!
Don't forget how hard you worked to get here. How grateful you were to be accepted. How long this has been your dream. Don't forget how much you truly want this! Zoom out and don't think about the little hard topics and view it big picture— you are currently living out your dream that you worked really hard for! Don't disappoint little 19 year old you that put in the extra effort studying for finals because you knew you needed good grades to get into law school or little 20 year old you who skipped pool parties all summer because you knew you needed to get that LSAT score. You've worked so incredibly hard to get here for so many years so don't disappoint yourself. My favorite (albeit slightly cliché) quote for y'all: When the going gets tough, the tough gets going. So go be tough and conquer the mid-semester slump!
I have this friend from Study Abroad who is a year older than me and is in med school and one cool thing I've found out through her is that when you're an upper level med student, you go through these rounds of spending 2 weeks working as a family doctor, 2 weeks working as a pediatrician, 2 weeks with plastic surgery, 2 weeks with internal medicine... you get the point. And I am so jealous that they get this opportunity because it's a way for them to experience first hand all of the different areas of medicine and find out what's for sure not for them and narrow down what they want to do. Sadly law students don't get this opportunity so you never really know if there's a field of law out there that you would absolutely love if you just try. I'm a week shy of the med student 2 week experience, but I thought I'd share with y'all what I've already learned so far about being general counsel to give you a little snapshot to see what it's like!
Traditionally, businesses would hire law firms to do all of their legal work (like Harvey Spectre). Then businesses realized it'd be cheaper and more efficient to have their own attorney employed by their business just for them to handle the day-to-day legal needs and then if there's a big suit or a complicated area, then they can hire a law firm to handle that. I think of general counsel (AKA in-house) as being like the mom of the company. People come to you to complain about problems they need resolved, come to get your advice, and come to when they need to settle an argument.
How GC is different than just working in a law firm is that usually in a law firm you get really good in one area (say, real estate) and spend most of your time doing that for all kinds of different clients. This is just the opposite where you do a little bit of everything, but for just one client. So you are working on vendor contracts, leasing agreements, trademark licensing, employment issues (workplace safety to avoiding wrongful termination), mergers and acquisitions, anti-trust, buying and selling contracts, ensuring federal and state compliance, dealing with any countries that your company does work with, counseling officers and board members, and basically just any other problem that a business might encounter just trying to operate.
Pros of general counsel
I met a lawyer my 1L year at a networking thing and I asked him what was the worst part about being a lawyer and he said "billable hours fo sho" (okay I'm adding a little "mere puffery" here lol). But as GC you don't have to do that because you're basically billing your client (AKA your employer) with your salary. So whether a document takes you two full weeks or two hours to get done, you get paid the same.
This brings me to my next point of normal business hours. One of the lawyers I work with is married to a private practice attorney and she was explaining to me that while sometimes they both end up with 80-hour work weeks, he has them much more often then she does. And usually she ends up having a 40-hour work week. So if tbh as a woman I really like this idea because I could have kids and not feel guilty about missing their wholes lives because I'm working all the time. Plus, you're missing a lot of happy hours if you're working 80-hour weeks hahah.
One big thing that I've come to realize that I like is just having one client. When everything you do all-day, every-day is for the same client, it can be easy because you understand where they're coming from and what they want. You can be strategic and make decisions not just about what's good for this one situation, but what will be beneficial for the company as a whole in the future. Plus, your client can't be too crazy demanding because they should have a good sense of all of the work that's on your plate (although kinda not really because the finance people don't know what the property people have already given you). But I will point out that a downside of this is that your client is always there so you could be getting calls, emails, or drop-ins all day from people constantly needing help if it's one of those if-it-rains-it-pours kind of days.
Another thing that I personally like is the variety of the work. If my eyes start to bleed from reading regulation after regulation to make sure our policies are up-to-date with them, I can just switch gears and redline contracts for a bit. Detour: redlining a contract is basically we're negotiating a contract with someone else so they'll send us their contract and we mark out all the parts that are bad for us (think like "you waive all rights to sue us ever") and put in our own suggestions (think like requesting that they have a higher liability insurance policy if we're sending our employees onto their property); I personally think it's really fun (law nerd) because you get to be all bossy.
You don't "real lawyer." One of my bosses jokes that any time she's ever had to go down to court to file a pleading or motion, she's doing "real lawyering." This is pretty rare because usually something like a cease & desist letter can fix a problem or if it's a big problem (think we're going to trial), then outside counsel will hop on board. For me, I don't feel this big urge to be litigating because if you've ever researched for a brief or sat through a trial then you know how it can be really stressful. While GC obviously isn't stress-free, I know that when I show up for work I won't need to have all of the Rules of Evidence or Trial Procedure fresh on my mind to be shouting out all day. Although, if you like the thrill of litigation then I guess this point would go in the next section for you.
Although I am loving my externship, no job is perfect. For starters, these jobs are harder to come by. My company has only two lawyers that handle everything (except for the outside counsel they hire for the more complex issues) and on the other hand, some law firms have literally hundreds of lawyers. I've read both that some companies prefer to cherry pick the best (usually super experienced) person from a law firm and recruit them to their GC but also that now some companies prefer to hire fresh-faced law students so that they grow up learning only how to do things the way the company does. Ideally I'll be able to find a company like the latter (because if we're being honest here as much as I love my company and I'm sure they love me back, they just don't have the need for another lawyer so a job offer definitely isn't waiting for me), but realistically I know I might have to work at a normal firm to gain some experience before I can be qualified enough for a job.
And if we're being blunt then the money of general counsel usually isn't quite the same as a law firm. Since there's no billable hours or contingency fees, as a GC you're salaried just like a normal job. And while the sales team and everyone else at your job are actually making your company money with their job, all you're really doing is helping them not lose money so it's not like you have the opportunity to earn any bonuses. But also, you're still being a lawyer for a company so you're still making good money, just not like a quarter million a year (unless you work for Disney). You also are giving up the chance to be partner because there's really only the position of lawyer or lawyer in the legal department (although you could rise up to be like president of a branch of the company).
Okay so that's all I have so far! I'm sure I'll have lots more to say about this as time goes on, but I wanted to get this post written now while all these concepts are still new and fresh on my mind. Have a good weekend everyone and once again, enjoy studying while I do nothing because I'm basically done with school muahahahahaah
Original article and pictures take www.brazenandbrunette.com site
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