4 Law School Electives To Take Before Graduation

There's a lot of debate over how long law school should be. President Obama has recently suggested that law school should only be two years long. But while these proposals deserve attention, we're not there yet so you still have to worry about taking electives during your third year (or fourth, if you're an evening student). 

Here are some classes you should consider taking before you graduate from law school. These skill building classes will help you regardless of what specialty you decide to enter. These classes will also be great for generalists who may not have selected a specialty. See: Should You Get a Law School Concentration?

(1) Administrative Law

Special Agent Gibbs makes his own rules. Other agencies are a bit more constrained.

We all know that for a bill to become a law Congress must pass the bill and then the president signs it. But what happens after that? This is where administrative agencies come in, as they are usually in charge of implementing the law passed by Congress. Many lawyers say they wish they took this class while in law school because of how frequently they must deal with, or at least analyze an agency's actions as part of their law practice.

What you'll learn in Administrative Law:

• How agencies promulgate rules and the proper procedures they must take
• Constitutional implications behind certain agency actions and how the president interacts with agencies
• Theories behind how agency operate
• How to challenge an agency's adoption of a rule and strategies
• How courts interpret agency rulemaking

(2) Mediation/Alternative Dispute Resolution

Negotiating a fair deal is often at the heart of Mediation/ADR

The term "alternative dispute resolution (ADR)" is increasingly a misnomer. In fact it is arguable that ADR is actually the normal ways of conducting dispute resolution. Given that courts are strapped for cash and a normal litigation may take years to complete, law students who understand these alternate processes may have an advantage. We especially recommend mediation, which is rapidly gaining popularity.

What you'll learn in Mediation/Alternative Dispute Resolution:

• How these alternative systems work with the court system
• The benefits, especially cost savings, of using an alternative process like mediation as opposed to going to court
• How to conduct yourself during the mediation or arbitration hearing
•  Practicing mediator's opening statements and reframing of issues
• Depending on your law school you may also earn a certificate allowing you to practice mediation (States normally require a minimum of 40 hours of training before you can practice)

(3) Statutory interpretation

This now comes in a pocket-sized edition. 

We all take the traditional common law classes in our one 1L year. But in many ways statutes have supplanted or even replaced the common law (just look at criminal law, for example). As a result, knowing how judges will interpret statutes is a critical tool for law students and lawyers. You'll especially have an advantage if you can use the tools of interpretation while another lawyer has to flounder about with rehashed arguments and poor logic. 

What you'll learn in Statutory Interpretation:

• The different philosophies judges use when interpreting statutes
• What tools judges use when examining a statute such as how they determine whether a statute is ambiguous
• The role of legislative history
• What tools are commonly accepted and what tools of interpretation are controversial
• A framework of how you can analyze any statute or regulation

(4) Accounting for Lawyers

We realize you may feel this way towards math. But trust us, you'll live.

Okay, okay we realize that you went to law school because you didn't want to do math. But accounting is less about math and more about organizing information. If you want to go into business law, having a very basic knowledge of accounting will give you a leg up on the job.

What you'll learn in Accounting for Lawyers:

• Basic principles of accounting (don't worry it's not too hard)
• How accounting data can be useful in litigation or transactional negotiation work
• Legal standards for accountants and rules that apply to certain accounting practices
• How to look for evidence in accounting data
• How to spot fraud in accounting data

What other classes should law students take before they graduate? 

California Bar Exam Checklist

Everything You Need to Take the California Bar Exam

You've heard California is broke. And then you decided to take the Bar Exam.

The California Bar Exam is not a fun experience, but it's a necessary evil. But before you even take the bar, 3L students need to make sure they complete all of the pre-test requirements. We've provided this checklist because if you were like us during our 3L* year, you didn't have a clue about what was required to take the bar. We hope to demystify the process.

We'll talk about every requirement in detail, but here's a summary up front:

(1) Sign up for a professional bar course
(2) Pass the Multistate Professional Responsibility Exam (MPRE)
(3) Get yourself fingerprinted
(4) Complete the Moral Character Application
(5) Sign up for a test center
(6) Complete the laptop certification procedure
(7) Be current on all court-ordered child or family support obligations

Estimated Costs (not including bar course): $1,351 
Estimated Costs (including typical bar course): $3,491-$5,486

Costs are subject to yearly increases.

Note: Some of these requirements do not necessarily have to be completed in this order. The California Bar (CalBar) itself also provides a brief summary. Be warned, this process is long and expensive. 

*We're assuming that as a 3L, you've either taken the First Year Bar Examination, or waived out of it by going to an accredited institution. Passing the "Baby Bar" is technically another requirement.

Sign Up for a Professional Bar Course 

Trust us. You'll feel this way too.

This first step is not required by CalBar of course, but it might as well be a requirement. You are infinitely more likely to pass the bar exam on your first try if you invest in a professional bar exam course than if you try and study on your own. The bar exam courses are expensive, but they provide a structured environment, as well as study materials, test strategies, and rule outlines that will keep you focused during the summer before you take the exam. 

The merits of the various bar courses are the topic of another post. Most students choose either BarBri or Kaplan. Some students may even have signed up as early as their 1L year. We signed up for Barbri early and received a significant discount as a result.

At some point during the school year, you'll receive a notice that your course books are ready for shipping. As much as it may pain you, go ahead and order this heavy package right away. This way, you don't have to worry about the books potentially arriving after you've already started the course. 

Cost (before discounts)

BarBri: ~$4,135 (in-person lectures/online lectures)

Kaplan: ~$2,140 (online only)

Pass the MPRE 

The MPRE is a 60 question, 2 hour multiple choice test administered by the National Committee of Bar Examiners (NCBE). This organization also administers the multiple choice section of the California Bar Exam. 

The MPRE tests students on the ABA Model Rules of Professional Conduct (note, unlike your PR class or the bar exam, the MPRE only requires you know the Model Rules!). In other words, you better know your ethics. 

Before you register for the test itself, you need to acquire an NCBE number. You can get one for free by registering at this site.  Once you have your NCBE number, you can register for the MPRE here. 

Why you have to take the MPRE.

The MPRE is not a particularly difficult exam, but you will need to study for it. One way to study is to take an MPRE course offered by one of the professional bar courses. When we took the MPRE, we used BarBri's MPRE course, which was only an additional $15. The BarBri MPRE course featured a video lecture by the legendary Prof. Erwin Chemerinski, who greatly simplified the ethical rules. 

You will also want to do lots of practice MPRE questions, which a course will provide you. Alternatively, you can find various sample questions for free online. We recommend getting questions from a course because you'll get a lot of them, they are high quality, and provide sample answers (why choice C was right, while A, B, and D are wrong). 

If you want to practice law immediately after you get your bar results, you will need to make sure the MPRE and Moral Character Application requirements are fulfilled before you take the bar. In our case, we took the MPRE in the fall semester of our third year. However, we do know of students who either failed the MPRE or neglected to take it, and had to go back to take that exam after they took the bar! Don't be that person.

Cost

Normal Cost: $73

Late Fee Cost: $146 (so you better apply on time!) 

Get Fingerprinted 

The fingerprint requirement isn't spelled out on CalBar's summary, but it is a vital requirement. You are REQUIRED to get your fingerprints processed before you can do the Moral Character Application. Your fingerprints are only good for 90 days, so you must complete the Moral Character Application within that time. 

Alas, CalBar's fingerprint system is not as high tech or sexy.

Fingerprint Services

Most likely you'll be using the LiveScan services. You can do one of two options: (1) Search for a LiveScan operator in your area and make an individual appointment; or (2) determine if a LiveScan operator will come to your school. In our case, the LiveScan operator came to school and fingerprinted students while on campus. Check with your school to see if a LiveScan operator will be on campus.

Timing 

As mentioned above, the fingerprints are only good for 90 days. Ideally, this means if you want to sit for the July 2014 Bar Exam, you should get your fingerprints in Late Fall (mid-late October) and complete your Moral Character Application by December. 

Cost 

$25 

Complete the Moral Character Application 

The Moral Character Application sounds ominous, but it's more time-consuming than anything else. While the CalBar Secret Police won't be snooping around your email, NSA style, you will need to fill out and pass an expensive background check. This is arguably the most critical step of the whole process, so do this step carefully and double check everything! An incomplete application could delay your ability to practice law. 

You can start the application here.

Getting a thumbs down from CalBar is a buzzkill. Make sure your application materials are all in order!

What You'll Need Before You Fill It Out 

It is highly recommended that you read this information sheet provided by CalBar before you fill out the application. The information sheet spells out what you'll need to provide in the application. Having all this information ahead of time will save you time and prevent frustration down the road. 

Here are the most important things you'll need: 

• Name Changes
• Addresses You've Lived in for the Past 8 Years (including college dorms)
• List of all Colleges Attended (including community colleges for summer school purposes)
• List of all places of employment, including supervisor contact information for: 
• Law Related: All Law Related Places of Employment since your 18th birthday and
• Non-law Related: All employment that lasted longer than six months since your 18th birthday 
• 5 Personal References, including at least one member of the bar 
• All the bad stuff: Arrests, convictions, bankruptcies, etc. 

Yeah, that's a lot of stuff, and pulling it all together sucks. But better you take some time and gather it before you fill out the application, than to suddenly discover you need yet another reference. 

The Personal References

As noted above, you'll need 5 personal references. In our case, we used two supervisors from our legal internship, one non-law school friend, and two law school colleagues. Each of your references will receive a questionnaire in the mail asking about your personal history, including their opinion on whether you are fit to practice law. 

Don't be surprised if your references receive the same questionnaire more than once, this is known to happen (a result of the vast CalBar bureaucracy). As a professional courtesy, be sure to inform your references ahead of time that you would like to use them as references. 

It Takes a LONG Time, so File Early! 

CalBar recommends that you file your Moral Character Application at least six months before you intend to sit for the Bar. But the results of the Moral Character Exam could potentially take up to ten months, depending on CalBar's backlog and if any issues arise. So the earlier you submit the application the better!

In our case, we took the July 2013 Bar Exam. We filed our Moral Character application on December 13, 2012. CalBar finished processing the application and gave final approval on July 3, 2013! We definitely were a little nervous, but now that you know the processing takes awhile, you don't have to be. 

At some point, CalBar will send you a letter (note, almost all Moral Character updates are sent snail mail), informing you that an analyst has received your application. If you have any questions, feel free to contact that analyst. 

Cost (take a deep breath and think happy thoughts)

$500. Yes, you read that right. 

Sign Up for a Test Center/Register for the Bar

You won't be able to register for a bar exam right away, but check this page to determine when registration opens. In general, registration for the February Bar opens in October, while registration for the July Bar opens in March. Make sure to register for a test center the day registration opens! This way, you likely will find a test center closest to you.

Time to fall in line, boys. 

Note, if you are using a laptop, you'll have to look for a Laptop Supported Test Center and pay an additional "Laptop Certification Fee." 

Cost (again, deep breaths) 

General Filing Fee: $614
Additional Laptop Charge: $139 

Complete the Laptop Certification Procedure 

Approximately six weeks before you take the bar, you'll receive an Exam Ticket via email. This ticket is important for two reasons. First, you'll need to print it out and bring it with you on the day of the bar. Second, it provides you with links and further instructions regarding the Laptop Certification Procedure. 

The procedure itself is pretty easy, but you should do it early so you are not doing it the day of the bar itself!

Instructions

(1) Download Examsoft from this site (you will need to uninstall your school's version of Examsoft, as CalBar uses its own licensed version). You will need to input the User name and password provided by CalBar's admittance ticket. 

(2) Download each of the bar exam questions from the Examsoft website. 

(3)  Download the Mock Exam, open it up, type something in it, and then upload back to Examsoft. Once you've done this, the process is complete. 

(4) Make sure that you've received confirmation emails for each exam file you've downloaded, and that Examsoft received the Mock Exam. 

Be Current on All Court-Ordered Family/Child Obligations

It's easy to get away with avoiding child support when you rule the galaxy and don't have to take the Bar Exam! 

Don't be a deadbeat. It's not attractive. If you're behind on your payments, this will jeopardize your ability to practice law. 

And that's it! Please let us know if we've overlooked anything or want to hear more about a particular requirement in detail. 

Should You Get a Law School Concentration?

There are no majors in law school. But many law students choose to take classes in order to get a concentration or certificate in a particular specialty. Are these concentrations worth it ? Read on.

Look at all that concentration! Wait, that's not what we're talking about here...

What is a Concentration?

Admittedly, this person may not need a concentration to stand out…

It's a tough job market out there. You've probably seen the endless news articles about the sparse numbers of law jobs for mere mortals who did not go to Harvard or Yale law school (for your sake and ours we won't link to any examples). So it makes sense that law students are trying to find ways to stand out. One of those ways to stand out is a concentration.

Let's start by defining "concentration." A concentration is simply a specialty, akin to getting a major while at an undergraduate institution. The key difference between a college major  and a law school concentration is that in most cases concentrations are optional. When a law student elects to take a concentration, they will generally take classes in a particular specialty and receive notice on their diploma and transcript that they completed the concentration requirements. For our purposes, we are limiting the discussion on concentrations to typical law students, not L.L.M. or higher-level law degrees.

Some schools may also offer "certificates." In practical terms, certificates are essentially the same as concentrations in that they allow you to show you've taken classes in a particular specialty.

You Name It, We've Got It - Types of Concentrations

Every day, law schools are thinking of new ways to differentiate themselves. One of these ways is to offer a diverse selection of concentrations. Loyola Law School in Los Angeles offers a typical selection. Their 12 concentrations include Civil Litigation and Advocacy, Criminal Law, Environmental Law, Sports Law, and, Tax Law. 

This guy got his tax concentration, and man he is pumped. You would be

too if you made it through all those tax classes in one piece.

The fact is law schools help themselves, and you, when they can offer these kinds of specialties. For one, a greater amount of specialties in theory could mean greater choices for students. But perhaps more importantly, offering a specialty could help a law school increase its standing in the vaunted U.S. News & World Report rankings; indeed the magazine explains how specialties are part of the ranking system.

In short, if you are interested in specializing, there is a good chance your law school may offer the classes you want.

Benefits of a Concentration

Law schools are quick to tout the benefits of a concentration. Loyola, for example, explains that its concentrations provide students with specialized expertise, networking opportunities, and are proof that students "will provide immediate value and will be able to perform effectively as soon as they enter the legal profession." 

The top Google image search results for "networking" were this and a bunch of people standing around looking bored. You're welcome.

Concentrations work great for people who know exactly what field they'd like to go into. If you know that you want to get into environmental law, it makes sense to take the specialized environmental law classes, especially if there are experiential requirements such as internships or projects that may replicate what you'd do in the field.

Additionally, students who are part of the concentration may benefit from additional events and networking activities such as guest speakers and hot topic seminars. When we were in law school, the Intellectual Property students were especially active on campus and were responsible for bringing in practitioners, judges, and even arranging off-campus visits to places like Google's headquarters.

Finally, concentrations may allow you to work with certain professors who have specialized in the field for decades, and who may not teach other, general, law school courses.

Possible Downsides of Concentrations

There are a few possible downsides to taking a concentration. Just like college, there'll be course you like and courses you don't like. But because you are forced to take certain courses, even ones you think are not particularly relevant or interesting to your future profession, you might be denied the opportunity to take a class outside your field, but one with a particularly interesting subject or professor.

Our tax concentration friend, above, probably did not have the flexibility to take Transspacetime Litigation and Discovery with Doc Brown. 

Additionally, if you are uncertain about what area of the law you want to get into, a concentration might pigeonhole you into a particular field, which may make it harder to find a job in the beginning. This is true especially if a particular industry is experiencing a rough patch. 

Moreover, it is unclear if the presence of a concentration alone will make you more attractive than another candidate. Obviously, if the other candidate does not have a concentration but has prior work experience in a particular field, the other candidate probably has a better shot of getting interview than you do. There is some anecdotal evidence that employers are not impressed with concentrations. For instance, a couple years ago at a 1L employer meet and greet, several employers did not seem overly impressed with concentrations in general. They emphasized good research and writing skills and relevant work experience.

Finally, just because you graduate with a concentration in Tax Law, you probably will not be able to hold yourself out as a "tax specialist." That's because in states like California, the State Bar must certify you as a specialist before you can advertise or otherwise declare yourself to be in that specialty. Failure to do so likely violates ethical rules and could result in sanctions.

Our Take 

We fell into the "not sure what path to take" camp and elected not to take a concentration. However, we did make sure to take a bunch of practical, relevant courses such as Administrative Law, Statutory Interpretation, Accounting for Lawyers, and Mediation, which we figured could be useful in any general practice area. 

The choice is yours . . .

You should think about whether to take the concentration right after you finish your 1L year. Depending on the number of courses and when they are offered, you will need to figure out your schedule so you can complete the concentration in time. If you are interested in a concentration at the end of your 1L year, then go for it! But if you're really not sure, look at what your school offers, talk to professors and older students, and think hard about you want to do with this specialty. Are you doing it just for resume purposes? Or do you have a true passion for that area?

The answer will help you determine what path to take. If you're not particularly passionate about an area, then you are better off experimenting. You'll likely be happier and more enthusiastic as a result and that will show in your transcript. But if you know what you want, then by all means, specialize away!

4 Reasons Why Law Review is Worth It

Welcome back to a new law school year! If you're just starting your second year of law school, you might be curious about several major law school activities including Law Review, Moot Court, and Mock Trial. Having personally served on the executive board of a Law Review, we can tell you it's worth it.

Because Law Review is a major commitment, we're not going to tell you to join just because it looks good on your resume. But there are many other reasons why. Because lists are in fashion, here's our list:

(1)   You'll get a chance to bond with the nerdiest people you'll ever meet. Seriously. 

They're not Katy Perry in disguise, and

don't have braces, but they're your

kind of people. Trust us. 

Do you enjoy debating about arcane statutes and looking up whether Congress really intended the courts to read a law certain way? Are you in love with the Harvard Bluebook and are just dying to tell somebody about how you love rule 18.2.2? You'll fit right in.

When you're part of a law review staff, you'll be working as part of a cohesive team with one purpose: get that sucker published. You might be sent off to the law library to verify citations, get copies of original sources, or otherwise find something to help you figure out what Professor Iwonanobelprize is actually saying in his 200 page article. Other times you might be editing the articles themselves for content, citations, or making sure there is no accidental plagiarism. Throughout this ordeal, you'll be bonding with dedicated, intelligent, and very nerdy people. Trust us, you'll make friends.

(2)   Citations are no longer scary.

If only wishing made it so.

As a 1L, you likely encountered legal citations for the first time in your legal writing class. Maybe you even had to take a citation exam. Unfortunately, your legal writing class probably did not give you enough exposure to citations to make you feel like an expert. In fact, if your legal writing class was like ours, it made you dread the very thought of having to cite at all.

As a member of the Law Review staff, you'll be dealing with legal citations, and especially the Harvard Bluebook, all the time, because you'll be editing the works of other writers and creating your own articles. The Bluebook is the gold standard for citations, if only for the reason that it has the word "Harvard" in front of its name. 

The Bluebook is definitely confusing at first, but after you've been assigned to fix 120 citations in Professor Ohnoheusedthewrongformat's piece on the Confluence of Admiralty Law and Trade Secrets, you'll start to get the hang of things. You'll start to recognize patterns of error. You'll see the importance of signals like see, e.g., cf. and especially see generally. Finally, when you start that summer associate position or externship, you'll be able to handle citation questions confidently and see, with horror, how professional attorneys cannot.

(3)   Your writing gets better.

Among other things. 

If you're thinking about Law Review, you probably consider yourself a strong writer already. There's no doubt you are, after all you would not have got into law school without demonstrating at least some capacity to write. But you may have noticed that your normal law school classes don't give you a lot of opportunities to flex those skills. Most of the assignments involve reading and then discussion in class, not research papers or other written assignments.

Law Review allows you to keep those skills fresh and learn new ones. Maybe, like us, you manage to go through all of college without figuring out how to conquer, much less identify, the passive voice. as a Law Review staffer, you'll be charged with editing someone's article for grammar. You likely be working with a style manual such as the Little Brown Handbook (affectionately known as the LBH) or the Chicago Style Manual, which will help you identify grammar errors. The more you edit, the more you'll see issues with your own writing that you can fix and improve. These skills will also translate into the workplace, and you'll produce better, more concise, and more effective professional work as a result.

(4)  You'll be part of something bigger than yourself.

Law Review may sometimes seem like it's eating your life, the universe, and everything. 

But you're creating something great.

When you're part of the Law Review staff, you'll be making something long-lasting: a document that will help attorneys, judges, professors, and other students better understand the law and how it affects us. This is a document that, if produced with the proper care and professionalism, will enhance both your reputation and your school's. 

Think about it for a second. Law reviews are student run, for the most part. This endeavor is not like a journalism class where your teacher directed the assignments and you produced results. Here, the quality of the articles published depend entirely on the student staff. From the beginning, you'll be an integral part in the publication process. If you're given the opportunity to write your own article, you'll be able to help shape the debate on how the law develops. Finally, should you pursue a leadership position, you'll be able to help set the policy of the Law Review and help direct students and professors with their own quest in writing about the law.

Getting onto Law Review isn't easy and you need to have the patience and time management skills to juggle your Law Review assignments with normal classes, but those are topics for another day. But if you're academically skilled, have a desire to learn, and want to make a lasting impression on the law, Law Review is for you.