The X Files. A show that first aired on September 10, 1993. It defined the end of high school, college, law school and the beginning of my practice.
Caitlin Murphy, Esq., and I attended UC Davis together. We were in the same dorm in the Fall of 1996. Along with many of our classmates, the world shut down on Sundays at 900 pm as college students gathered in groups to watch Mulder and Scully face aliens, black oil, government conspiracies and some outright creepy cases.
Caitlin and I sat down to discuss three classic X-File episodes and the different legal issues presented in each one.
John Jay Osborn’s The Paper Chase has instilled dread in the hearts of first year law students for the last 40 years. It is simply brilliant in how the film captures the stress of law school.
John Williams did the musical score of The Paper Chase long before Jaws. While the musical score does not have the same dramatic flare of a shark attack when a law student is asked a hypothetical, the silence of such scenes captures the moment of tension extremely well.
I watched The Paper Chase before the first week of law school in 1998 and thought, “Naw, that is not what it is like.”
I was wrong. Professors showed up with seating charts with our faces on it. I quickly realized the film would have many things in common with reality.
We discussed our law school experiences vs The Paper Chase and our insights on what legal education should include today to produce competent work-ready attorneys.
You Come Here with a Skull Full of Mush and Leave Thinking like a Lawyer
Think like a lawyer. I did not really comprehend how lawyers “thought” when I was preparing for law school. I knew it was not like the LSAT in determining how many clowns could fit in a car. Those idiotic questions nearly kept me out of law school.
The film does not outright explain it, but “thinking like a lawyer” involves analyzing facts and their relationship to the law.
No lawyer movie or TV show has ever really handled the subject of “thinking like a lawyer” well. The idea of breaking down the elements of negligence, or peppercorns for consideration, or the complexities of personal jurisdiction would melt the minds of most movie goers (or sour the prospective jury pool). It would not be a box office gold mine.
I spent many hours reading, highlighting passages and taking notes on my laptop in the library.
The Paper Chase is the best depiction of how lawyers learn to “think like a lawyer.” You see the students reading cases, highlighting relevant sections of text to identify issues and holdings. You experience the emotion of learning to think on your feet by watching the Socratic Method in full force. And no matter how well you did in college, there is always another question waiting to keep you on your toes.
Professor Kingsfield’s quote, “Through my questions, you learn to teach yourselves,” is extremely accurate in describing how law students learn to think like lawyers.
At least it was for me.
It is Hard Being the Living Extension of Tradition
The Paper Chase highlights several huge mistakes law students could make in their first year. These include:
Dividing Up Outlining Responsibilities in a Study Group
Bad idea. Only you know how you best study and learn. Moreover, you cannot be certain the other person has the same learning style as you. The best way to learn the law is to understand how you learn and do the work. There is no substitute.
Writing An 800 Page Outline
No first year should decide to write a treatise on any subject. You need to outline issues, case holdings and “learn to think like a lawyer.” This is not the time to write a book on a subject when you utterly lack the credibility and experience to do so at the expense of your other classes.
Not Taking Practice Exams
This is perhaps the best way to fail out of law school. You must read the cases, even the footnotes and understand how the law works. Taking practice exams empower law students to practice IRAC (Or CRAC, which starts with the Conclusion), which is identifying the relevant legal Issues, stating the Rule that applies, explaining the legal Analysis of how the facts and law relate, and stating a Conclusion. The most important element of IRAC or CRAC is Analysis. Underlining key terms helps in making it easier for professors to grade.
You also learn how your professor thinks, which will help you in the long run of preparing for the final exam.
Do Not Poison Relationships By Talking About Law School
The fictional Hart makes a huge error with a prospective girlfriend: He talks at length about law school and a professor.
Don’t do that.
Worse yet, Hart told his girlfriend, “I have not been working hard enough since spending time with you.”
Do not blame a girlfriend or boyfriend for you not studying enough. If you have any basis for emotional support, the last think you want to do is burn the bridge to someone who cares about you.
Reflections on Law School
No one goes to law school to enhance their self-esteem. It is an exhausting three years. There is stress from studying, stress from classes, and stress in finding a job.
There are also many foxhole friendships. A sense of adventure. And even a fondness looking back. John Jay Osborn wrote a very insightful essay on how his views changed of Harvard as his daughter prepared for law school.
There is also something else I experienced at law school: Kindness.
I actually was wait-listed for McGeorge. The summer I should have taken a LSAT course I instead worked 18-hour days at my mother’s business without pay. Dickens and Tolstoy would have been proud, but my LSAT score suffered dramatically for it. Landing in the purgatory of a wait-list was the result of not taking a prep class.
I decided to take action and not go down without a fight. I asked three professors from UC Davis if they would send in letters of recommendation on my behalf. A good friend from college brewed beer with two professors from McGeorge. One of those professors agreed to meet with me. After our meeting, he asked a few questions at the admissions office.
The Dean of Admissions called me after my letter campaign. I was accepted to McGeorge shortly before the beginning of the 1998 fall semester, based on my college grades, letters of recommendation and the inquiries of a very kind law professor.
I then worked my tail off for three years.
I was impressed by the dedication of my professors at McGeorge. They were tough, but I did not have any horror stories besides the usual ones. The professors were always available for office hours and willing to help the student who showed up with sweat on their brow from hours of studying.
Two of them of note: my Civil Procedure and Constitutional Law professors. My first year Civil Procedure professor masterfully used PowerPoint and graphics to breakdown the complexities of the code and cases. He wanted us to understand how the Federal Rules of Civil Procedure worked and very effectively helped us understand complex cases like Asahi Metal Industry Co. v. Superior Court and a litany of others.
Civil Procedure was my only A in my first year. I was my old prof’s research assistant between my Second and Third years of law school. I had no idea how knowing Civil Procedure would later impact my career as an eDiscovery attorney.
My Con Law professor was one of Ralph Nader’s “Raiders.” There was one of his Supreme Court cases in our book. He always wore a suit to class, treated everyone with respect and taught the subject, not his opinions. I had an A- in his class, just one point away from an A. He attended my swearing in ceremony as an attorney. Truly a class act.
As I look back on my personal law school experience, it is less The Paper Chase and more Stand By Me. I have had the good fortune to guest lecture at my alumni several times over the years. Today’s law students have many increased challenges when they graduate in finding a job, however we will always need good attorneys to represent those in legal jeopardy.
Preparing the Next Generation of Lawyers
I do not agree with President Obama that law school should be two years. The third year is extremely helpful in finding areas of law prospective attorneys are interested in practicing and continuing to build marketable skills.
That being said, law students need as many experiences as possible to prepare them for the practice of law. Law schools have done a good job with teaching students online legal research skills. Students have had free legal research accounts since the early 1990s from Lexis and Westlaw (and anyone can use Fastcase for free). Legal research is one of the basic building blocks to be able to practice law.
It is time for another step forward and teach students how to conduct document review in online repositories, summarize depositions, billing best practices and the software basics they will use everyday at any size firm. One only needs to look at the results of the technology audit from the General Counsel of Kia to see how painfully behind many attorneys are with basic technology.
Law schools would dramatically help their students with practical internships, paid positions and leveraging alumni to help build the experience of future attorneys. This would require career development offices to shift from finding jobs for the top 5% of a graduating class to putting an entire class of law students to work in their third year. Such an undertaking would be the Project Apollo for law schools in need of a Von Braun on every campus. It would not be easy and take very dedicated hard work. However, it is necessary for future attorneys to be competitive in the job market and competent in the practice of law.
I often wonder if Geek Judges call their Law Clerks Padawans.
Below are two more Judges who reference Star Wars in opinions.
One directly makes a Star Wars reference to shoot two proton torpedoes at an attorney’s argument; the other referencing testimony from a party.
Who Doesn’t Like a Judge Who Quotes Obi-Wan Kenobi?
Stapleton also demands a list of Dr. Harries’s publications over the last decade, a list of the cases in which he has testified over the same period, and a statement of his compensation. See R. 93 at 5. Without citation to authority or much supporting argument, Stapleton tries a unique line of attack. He directs the Court for “guidance” to the more detailed requirements of the analogous rule of civil procedure. See R. 45 at 5 (quoting Fed. R. Civ. P. 26(a)(2)(B)). This attempted diversion—the legal equivalent of Obi-Wan Kenobi’s “These aren’t the droids you’re looking for,” see Star Wars Episode IV: A New Hope (Lucasfilm 1977)—is unavailing. “[D]iscovery afforded by Rule 16 is limited to the evidence referred to in its express provisions.” United States v. Presser, 844 F.2d 1275, 1285 (6th Cir. 1988). The government has already provided Dr. Harries’s reports and curriculum vitae. See R. 87 at 2. Because these documents amply cover his opinions, the bases and reasons for those opinions, and his qualifications, Rule 16(a)(1)(G) is satisfied. The government has thus met its disclosure obligations regarding Dr. Harries’ testimony.
United States v. Stapleton, 2013 U.S. Dist. LEXIS 108189, 23-24 (E.D. Ky. July 31, 2013).
Would “Callrisian-esque” Be an Adjective?
Defendants, who referred to TestMasters as an “evil empire,” began working together in September and October 2004 on what would become Blueprint while all of them were still working for TestMasters. For example, on September 28, 2004 Teti wrote to Martin about the terms of a potential partnership agreement and how to compete successfully with TestMasters. On October 12, 2004 Teti wrote to Capuano, Triplett, and Martin “collectively for the first time,” distributing a list of “vital questions to consider” for their new business. By October 13, 2004 defendants were discussing the viability of forming a new business together, undercutting TestMasters’ price (by $250), and preparing for litigation with TestMasters. Defendants made plans in October 2004 to meet with attorneys to discuss these issues, and to get advice on what they “were and weren’t allowed to do in terms of figuring out whether this potential business was feasible while still employed by TestMasters.” Teti, Capuano, Triplett, and Martin met several more times in October 2004 to discuss creating their own LSAT preparation company, and by October 25 were referring to each other as partners and were working on structuring their course and creating course material for their new business that would be “very similar to the TM [TestMasters] course structure.” Capuano promised the others he would “not do anything ‘Callrisian-esque,'” which was his way of saying that he would not betray defendants to TestMasters, as the character Lando Calrissian (“the mayor of Cloud City” played by Billy D. Williams) had done in the Star Wars movie The Empire Strikes Back (Lucasfilm 1980).
Robin Singh Educ. Servs. v. Blueprint Test Preparation, 2013 Cal. App. Unpub. LEXIS 537, 11-13 (Cal. App. 2d Dist. Jan. 23, 2013).
The Court Will Be With You, Always
I believe there will always be Star Wars quoting judges. The Gen Xer’s now on the bench grew up with an X-wing fighter in hand, chasing a sibling with a Tie Fighter. Those sort of positive life long memories simply do not go away, they helped define a person. Those same attorneys and judges have watched The Clone Wars with their kids (or without) and are counting down the days until Episode VII is released.
The more interesting question is whether a Federal or State Court Judge will write the Star Wars Bench Book for judicial quotes for specific rulings…
Leslie Crystal joined Josh to talk about The Geekie Awards. Leslie works in IP Litigation, has been to San Diego Comic Con, and is also known as the twins Lara & Tara on The Guild. Both discuss the show, Stan Lee singing and their favorite moments from The Geekie Awards. Don’t worry, neither discuss document review or discovery requests.
Alison Haislip, host of The Geekie Awards, toasting a successful first event.
Stan Lee.
Seth Green.
NASA JPL.
The Geekie Awards was a tour de force of talented professionals who excel at being Geeks.
This was perhaps one of the greatest gatherings ever to recognize the hard work of being a “Geek.”
One for The Geeks
The Geekie Awards was organized by Kristen Nedopak and her very talented team. The awards show was the first of its kind recognizing “geeks.” The event sold out and the show was trending on Twitter above the season finale of True Blood.
There has yet to be a legal conference with that much energy.
Miracle Laurie poking fun at Kristen Stewart.
I was grateful I ordered my tickets early. We were at Table 2. Right under the podium. Best seats in the house.
Kristen Nedopak’s “Thanks Mom” Moment.
Powerhouse Opening
The Geekie Awards opened with Seth Green presenting Stan Lee the Lifetime Achievement Award. This was followed by recognizing NASA JPL for their “Geek Cred” for landing Curiosity on Mars.
Yes, Flight Director “Mohawk Guy” gave a nice speech.
Stan “The Man” Lee and Seth Green.
It is tough to imagine who will be honored next year for the Lifetime Achievement Award. Lucas? Spielberg? I do not envy the selection team.
It is a shame Ray Harryhausen is no longer with us. There is a man who inspired generations of Geeks.
Nothing but respect for Marc Evan Jackson’s bow tie choice.
The Awards
The Geekie Awards recognized excellence in the following categories:
Madeleine Holly-Rosing, author of the comic mini-series the Boston Metaphysical Society. Both BMS and The Legal Geeks had honorable mentions. Next year, we hopefully will be nominees. Yes, I am wearing an original “I Like Ike” button from the 1952 Presidential Election.
Art & Craft
Comic Books & Graphic Novels
Crowdfunded Geek
One Shots
Podcasts
Retail Stores & Websites
Short Films
Toys & Games
Web Series
I cannot express how I was in awe of the talent of the nominees.
From the creativity of the short film Undying Love, to the talent in Cosplay Piano, to the unmatched skill of One Carve to Rule Them All, you could respect the dedication all of these winners to have such geek perfection.
Nothing like a winner taking a photo of the attendees.
Classy Honorees
All of the honorees showed exceptional humility and class to their fellow nominees. I strongly encourage check out all of the amazing work.
The team from Cosplay Piano at the end of their acceptance speech.
We Went Full Geek
The Avalon was transformed into a Geek playground. R2D2 was on the Red Carpet. They had the Bridge of the Enterprise-D. Tons of amazing cosplay.
For the record, yes, I brought my 3rd Doctor sonic screwdriver.
On the Bridge of the Enterprise-D, apparently in a worm hole from the lighting. I’d love to do a Star Trek video podcast from there. Yes, I was the gentleman and let my friend sit in the Captain’s Chair first.
I was greatly impressed with The Geekie Awards. My good friend who accompanied me, also an attorney, described it as extremely fun. She wants to attend next year.
My only suggestion for next year is for registering guests: 1) Have different colored signs for where people should line-up, because colors are easier to organize lines then having to read any text from a distance; and 2) Have registration tables labeled “A-G” and so on to ease the check-in process.
Job well done. I look forward to The Geekie Awards: Year 2.
The selection of Peter Capaldi as the 12th Doctor is a very good choice. He is clearly different than Matt Smith, while showing all the qualities of the Doctor. After two relatively young Doctors, having a seasoned actor who grew up watching the show should make for excellent storytelling.
I have been a fan of Doctor Who since I was a kid in the 1980s. I would watch on the PBS Station Channel 54 late at night, usually setting the VCR before going to bed. I even went to an event at the station to meet the 7th Doctor, Sylvester McCoy. I also attended TimeCon in 1985 and 1986.
Yes, that is Colin Baker, the 6th Doctor and a much younger version of me. I did sew question marks into my shirt collar.
Why Doctor Who?
Doctor Who is one of the most established science fiction TV shows in history. The only other one with such staying power has been Star Trek.
Why? How has it lasted 50 years?
Guess whose autograph I was getting.
The show inspires, with clear lines of right and wrong. There is imagination, hope, adventure and the very human element of pain.
The Next Doctor
Peter Capaldi reminds me as a cross of William Hartnell and Jon Pertwee. We will see how exactly Capaldi approaches the role, but there are several things that are established laws of time:
A generation will grow up with Capaldi as their Doctor.
He will do his best with the role.
Fans from the last 50 years will continue to watch with excitement.
I look forward to the upcoming 50th Anniversary Special and Matt Smith’s goodbye in the Christmas Special.
The question remains, while Capaldi will be different than Matt Smith, will he continue the tradition of the First, Second, Third and Eleventh Doctors and wear a bow tie?
