Kaulapi World

Wanted to take a reflective look back at what I got out of the law school experience, roughly one year after taking the July bar, in no particular order:

Intensive academic study doesn’t intimidate me. Not like ever really did before, but after going through the gauntlet 8+ semesters and the bar exam, it really doesn’t now. I have a better sense of some of my own strengths and weaknesses when it comes to academic study.

I’m even less infatuated with the end product as opposed to the process. This is even with the final tuition bill, and unknown monetary payout of the degree.

In many ways I’m more articulate now in my opinions and viewpoints, this includes being more focused on what really matters to me and what is just fluff. I call this knowing better how to pick battles, so to speak some things aren’t really worth discussing.

More committed than ever to the goal of remaining objective to facts and arguments presented and not superficial points raised to distract and confuse. My shibai/BS detector is stronger than ever. Better able to read and dissect arguments and separate the wheat from the chaff.

I have a much better understanding of the U.S. Constitution and greater respect for the original foundational system of government was established and how it has developed over the years to account for a changing and growing society.

Have a much better respect for the rule of law and its purpose in maintaining civil society, and place an even greater value for civil liberties and concern for government policies and the social movements that erode them. See now both how extreme conservatism is too rigid to the fluid nature of humanity to change over time and reinforce corrupt power structures as well as see now the hypocrisy of extreme liberalism to reinterpret things to the extreme that it compromises core values.

More bi-partisan/non-partisan and independent minded than when I started. Not as likely to put institutions, individual persons or ideology on a pedestal. More respect to the countering viewpoint, especially when it is a minority opinion. More willing to genuinely consider alternate opinions, at the very least respect them enough to consider them before deciding that I don’t agree. Not as much of a bleeding heart as before, more focused on policies that empower rather than enable dependence on the state.

More of a realist than idealist now. Not out to save the world anymore as much as to try to make an incremental difference in areas I have control over. Part of this is that I am no longer as naive to the corruption and hypocrisy that exists in all systems and institutions. More aware of waste, fraud and abuse at all levels of government.

More than ever willing to question the status quo more while accepting that often times the world simply is what it is.

1:15am and the little guy is resting. Had an eventful first day, as did his mom and dad. Glad he came out alright and without any major mishaps. He’s a hairy little guy, got a full head of hair, wandering eyes already thinking about what just occurred. I’m tired but happy.

Perfect example of how to explain/teach a legal concept from the most logical to the most arcane:

Say I want to communicate the basic legal concept, here’s what a (somewhat) normal human being would explain it:

(1) I could speak as close to a normal person and say something like: “When one person wants to sell something to another, both the buyer and the seller are responsible for doing their homework on the fair price and value of the item, as long as they don’t blatantly rip the other one off, neither of them can turn around and sue the other guy for an otherwise shady deal.”

(2) Or I could throw out the latin phrase “Caveat Emptor”, nothing else.

(3) Or in addition to the latin phrase, I could include the english translation which is “buyer beware” which in itself only partially explains the concept.

(4) Or I could be a bit more descriptive but still be confusing in a but wordy fashion: “When entering into a binding contract for the exchange of goods or services in full consideration, each party bears its own burden for researching the fair market price and value of the goods or services within the confines of reasonable negotiation, and that barring the limits of fraud, each party bears the obligation or burden to disclose circumstances or events about the product that the other party should reasonably ascertain on their own initiative.”

(5) Or I could give you a 200 year old case and expect you to read the whole thing from front to back, and be prepared to fully articulate the concept in when I call on you in class. http://openjurist.org/15/us/178/laidlaw-v-organ

(6) Or I could give you a citation: 15 U.S. 178 (Wheat.) and forbid anyone from looking it up on their laptops, instead they would all have to get the hard copy version from the law library.

Anyone guess which is the most common method of instruction used in law schools today?

Youtube distractions, first in a while, I know.  I find this first clip so really cool on so many different levels.

http://www.youtube.com/watch?v=BPZW39EUF20&

Hifana live:

http://www.youtube.com/watch?v=vikGddBeARQ&

Again w/ Prof Chinen:

http://www.youtube.com/watch?v=xsVVFm2tEyc&

Old school:

http://www.youtube.com/watch?v=r0dbEespoRw

Gaggle remix:

http://www.youtube.com/watch?v=JIiIL-Dfxd0&

A Loco fan:

http://www.youtube.com/watch?v=s-F2Jx8qQTc&

Keyco and IQ

http://www.youtube.com/watch?v=XmlPhyFtkDM&

Haiji

http://www.youtube.com/watch?v=WhsZ3f5Cy5Y&

http://www.youtube.com/watch?v=TkhcjBTIF-s&

Recurring dream that keeps popping up every once in a while.  I’m back in grad school, but a different grad school, I’m assuming it’s out here in DC.  I am coming up on my final semester of the degree program, which seems to be a policy or economics type program, although I’m not sure.  I sense that I’ve been struggling a bit with finishing up the semester, I feel a bit distracted during the lectures and am more or less just going through the motions, just ready to be done already.

In one of my classes most of my attention is drawn to the fact that I don’t know what class I have next on my schedule, I spent a good deal of time cleaning out my backpack looking for a single piece of paper which has the course schedule, all the while I notice that there is a lot of non-school related junk in my bag.  When I finally find the paper copy of the schedule, I have an “aha” moment which is the most significant detail of the dream.  there is a class that is held on Wednesday afternoon that I have not been able to make all semester because of work.  I recall in a previous dream that I did in fact attend the class a few times before, but from listening to the professor and looking at the syllabus, I decided that it was mostly a review course, and I was not too worried about it.  Still, being mid semester I come the realization that I may be further behind than I had thought.

I go to the office hours to meet with the professor and express some of my concerns, I’m thinking that I’ll just lay it out to him that I’ve been keeping up, but have missed some class sue to outside commitments, however I am committed to finishing strong, but I would welcome any advice he might have to assist me in doing so.  When I get to the office, in front of me is another student apparently in a similar situation as I am, talking to the professor about missing classes, although it is not nearly as clear exactly why he has fallen behind.  The student then asks for an incomplete, permission to drop the class, or an extension to study for the final.

The professor is very curt with him, tells him that there is no excuse for his behavior, and that since we have past the drop deadline, he will just have to suck it up.  He does not sound interested at all in accommodating this student in any way, from the sound of his voice, he is insulted.  As I’m listening I realize quickly that this professor is not going to give me any constructive advice, even if I come in with a better attitude, even if I’m not asking for any special treatment.  At the very least, talking to dipshit in front of me asking for special favors will affect my later conversation, I decide that it might be better just to walk away.  The dream ends as the student in front of me walks by me, I recognize him as a younger version of this asshole professor I once had as an undergrad.

According to the National Association for Legal Professionals in a report on the 2009 placements for summer associates.  Of course a lot of people are buzzing about it, especially since there was somewhat of a debate just how bad the recent economic downturn would have on the 2009 graduating class.  One of the first signs that I came across that something was up were the rumors that several of my classmates who had secured offers from law firms had been deferred, and almost all of them were later had their offers rescinded outright. What was next was that they were left scrambling to find another legal job at first, and then eventually, any job.

In retrospect I was pretty naive to think that I would be in a good shape coming out of law school purely on the basis that I was never interested in the six-figure salary, private law firm job right out of law school.  Instead, I was pretty much set on a public interest position, either in a government agency or a non-profit.  I was willing to take a much lower pay provided that the work would be more personally fulfilling to me, and in the meantime I would get valuable legal experience.  I was more than willing to let my classmates and other graduates from higher ranked law schools compete for the coveted law firm jobs.  The more I heard about the insane hours and debilitating lifestyle of the big firm associate the more it affirmed my decision to say no thanks.

There was also this idea that I had a leg up on the game in a way that others didn’t, in occasional conversations with classmates I noticed that my previous legal experience provides additional context of the real world that put the theoretical aspects of law school more into perspective.  Maybe more of a sign of overstating personal ability or uniqueness, in my mind, the law degree would open doors for me in ways that it would not to others. After the first 2 years when the class ranks came out, I wasn’t totally discouraged, because in my mind because being the very top of the top, wasn’t necessary for my particular legal career path.

As it turns out, I was never on a safe track due to forces that are mostly beyond my control.  The last year has been an eye-opening experience reading and hearing about the horror stories of folks applying for work in a very tough job market to which attorneys have no advantage whatsoever.  A friend of mine recently applied for an entry level government attorney position at which 620 applicants were competing for 3 spots.  I ran into another friend that mentioned that there is a deferred associate working for her non-profit on some law firm’s dime.  In a cruel twist of fate, the other employees at the non-profit, many of whom are MPP/MPAs, have to compete with free labor.  Mr. Market is an influential fellow, we were foolish to ignore him all this time.

Vivid and slightly strange dreams lately.  In a recent one I’m climbing along side of a mountain, right by the tree line and come across a large angled clearing with several enormous tree stumps. For the moment I realize that they are giant oak trees that had grown in the side of the mountain. The oak trees are so huge that they could easily fit 2 people lying down across the truck width.  Everywhere among the stumps are giant mushrooms growing, in various varieties, some that look like edible types, like shitake, matsutake, and others that I could not recognize.  I remember being amazed at the size of the trees, and the sheer number of cut trees and mushrooms everywhere.

Almost out of no where a middle aged woman in professional attire comes walking briskly down side of the mountain, passing by me with a sense of urgency, and says in passing something about eating a mushroom thinking it was a exotic red lobster mushroom, and now needing to seek medical attention in the village down the mountain.  She was coming from a higher part of the mushroom grove from where I was standing.  Somewhat startled by running into another human being in the wilderness, especially in a business suit and heels, I think to myself that what the woman did by eating a wild mushroom was pretty stupid and downright dangerous and that the thought hadn’t even crossed my mind, realizing that while I know a little about the appearance of mushrooms from the grocery store or from biology classes, I’m nothing close to an expert yet on foraging them in the wild yet.

In the dream I remember thinking to myself that if I was intent on picking mushrooms here, I would be much more likely to gather a few mushrooms to take with me, consult a scientific expert before eating them myself, or even better yet, find an experienced mushroom merchant who would be willing to buy them from me.  I’m not sure exactly how this dream ended, but I think it after enjoying the scenery I made my way back down the mountain along the path that I came.

As in taking a break from the law, at least for now.  More specifically, I’m taking a break from studying the law for the perspective of a practicing attorney.  Figuring that it’ll be at least a few years before I crack open the bar books again, and in the meantime I’m going to enjoy the break from the pure testing evaluative part of the law and can focus more on the substantive parts of the law that actually have more of an interest to me.  I’ve come to the conclusion that I get and understand enough of legal theory and process to continue my education in a more  informal way which will allow me to focus on the legal areas relevant to my work, life, and personal interests.

One thing I considered in taking this break is the concern that I would forget the old core legal subjects and theories, and as a result may put  myself in a much more difficult position to pass the  bar later.  I thought about this a lot when talking to other fellow poor souls that were studying for the bar that they had forgotten a certain subject from 1L.  However after going through the process once already, I know now that the test is really mostly a test-taking test, with some broad references to basic legal concepts from the first year of law school.  Further, something that I’ve noticed through the years that might put me in a different position than others is that I really retain quite a bit of what I learn.  I can recall random lessons as far back to college, HS, and beyond, even as far back as grade school.  I can see a similar pattern in law school, the extent to which I learned and retained it from the first time is directly related to their relative strength of teaching.  So the bar will be there when I’m ready to take it again, and if I need to take another prep course to strategize how to take it again, I will do so also.

It really feels like I’ve put my life on hold for 4-5 long years grasping for the brass ring, and now it doesn’t make sense to do much longer just for a credential that in this economy has an unknown, and likely depreciating value over time.  Until society catches up with how over-saturated the legal job market is, most non-legal employers will consider a JD an over-qualification, more specifically, a job applicant with a law degree would be a flight risk, and therefore a very bad prospect for employment.  In a weird way, I’m actually better off not being licensed if I decide to continue working in a non-legal job might be the best proof of all that I wouldn’t be a flight risk, I would simply point out that I am “not currently licensed to practice law” in this state.  It seems baffling, but it has really come to it, I never thought that having a credential could actually hurt your job prospects in a down economy.  At least if I’m ever in a situation where I absolutely have to consider omitting the JD from my resume, at least I won’t have a 3 year gap in employment to have to explain.

Making this decision feels like a weight has lifted off of my shoulders, even the brief time spent looking at my bar exam books again just to see what I still retained over the recent months was extremely unpleasant.  How long this break will be really will depend on whether the legal job market improves or stabilizes to the point where an average law student like myself with extensive non-legal or quasi-legal professional work experience can get a job as an attorney in the capacity that at least recognizes the alternate perspective and training.  I think it’ll be at least for a few years when I decide that the job market has improved to the point in which I have a true economic and personal incentive to get my license.

Of course this doesn’t mean that I’ll refrain from making comments during Law and Order, the Good wife, or CSI-whatever.  That’s still fun.

And expecting a different result. I’m inferring that “over and over again” means at least more than twice.

I overheard a conversation today in the halls at work, something about so and so business (restaurant, coffeehouse, bar, etc) that was being run by “recovering attorneys”. The thought that a legal field might be so traumatizing that recently graduated (within 5 years) attorneys would walk away from a legal practice for something else was an eye-opener, to say the least.  I’ve always heard of those stories of the DOJ lawyer that started baking cakes, or the other that went and became a cop, but honestly I had always thought they were the exception to the rule.

As more and more of such and such lawyers with ever more impressive academic and legal credentials experience a hard enough time that they decide to walk away from the legal profession entirely and not look back, the more troubling sign of the times it is for the rest of us recent grads, current law students and the prospective 0L students cannot afford to ignore.

It makes me think that the old assurance that “a JD is so versatile that you can do anything with it, even outside of the law” needs some serious revisions or caveat to point out that sometimes the alternate career that some JDs take on is more out of necessity rather than choice.  While sometimes it because of burn out, more often it’s from being forced out, or in today’s economy, maybe never even having a chance in the first place.  It seems that the way things are set up, everything banks on getting that first legal job, because without it you can’t get legal experience necessary to move up on the legal food chain.

It really seems like the way things are without some kind of inside track, which often means personal or family connections, your stuck on the outside looking in.  This might not be as bad if it didn’t require more than $100K in tuition and 3-4 years of pretty demanding and grueling academic study that gives you no practical professional skills.  At this rate it trying to practice law might be just as risky business investment as opening a Hawaiian plate lunch stand in downtown DC with no business knowledge or skills to start off with.