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April 2, 2012

3 Tips for Improving Your Networking Skills

 

Networking is the key to building a professional community. We need this community to assist us with getting jobs, answering questions, and developing relationships with mentors.

We have all been given ample advice on how to network, but many of us are still unsure about how to nurture a robust professional network. These following tips aren’t going to answer all of your questions, but they will help you move in the right direction.  All of these things helped me along the way in law school and in other professional settings.

1. Business Cards

Create a business card for yourself and make sure to always have them handy. Not only should you give out your business card, but make sure to get them from the people you meet. You never know when you will need it.  You can get free business cards here.

2. Follow Up

Make sure to send a quick note to the people that you meet and connected with. Email communication is fine for more casual encounters, but handwritten notes are more appropriate on more formal occasions. When you follow up, make sure to include something from your conversation to ensure that the person remembers you. Following up will ensure that your new contacts keep you in mind and can easily contact you if further networking or even potential job opportunities arise.

3. Be a Joiner

Join different groups so you can meet different types of people from different professional backgrounds. Take advantage of their mixers, happy hours and other social events.  This is the best way to meet others that have a common interest.  Aspiring attorneys should become active in local bar associations, the ABA, or the Inns of Court, for starters.

Don’t forget that law school is about creating a network of future peers, so get involved on campus with one of these student organizations: NBLSA, NAPALSA, NLLSA, Phi Alpha Delta, National Lawyers Guild, Lavender Law, American Constitution Society, or the Federalist Society.

It really is all about who you know, so the more people you know, the better!

March 27, 2012

To Dine or Not to Dine? How to Comport Yourself at Firm-Sponsored Meals

 

Great!  You’ve secured a position for the summer!  There will be a variety of social activities at your firm, everything from softball games, outdoor concerts, and yes, even a firm dinner.  Think of the time with your firm as a really long interview, one that lasts all summer.  So, dust off that glove, sharpen those research skills, and polish your silverware etiquette.

We move pretty fast these days, texting instead of writing letters and swinging by the drive-through instead of enjoying sit-down dinners.  Your firm dinner will be an opportunity to get to know your potential future employer in a more formal setting, perhaps even with a client present.  Paper napkins, sauce packets, and sporks won’t be on the table.  Not entirely comfortable with formal dining etiquette?  Not sure which fork to use first?  Do you put your napkin in your chair or on the table if you have to briefly excuse yourself?  Do you spoon your soup towards you or away from you?  Should you order the least or most expensive entree on the menu?  Is alcohol a definite no-no or simply keep it to a minimum?

A little prep will go a long way to increasing your dining confidence and putting your best foot, or more accurately, your best fork, forward.  Do a little online research or stop into your nearby bookstore for some pointers to help you do your best.  No one expects you to be Ms. or Mr. Manners but you will feel more comfortable and able to focus more on making a good impression all the way from the courtroom to the dining room.

March 21, 2012

Trending: #TwitterCausesMistrials

 

Social media has become so pervasive in our culture that it has even begun to disrupt our judicial system.  As an attorney, you should be aware of the ways that jury misconduct could affect your client’s right to a fair trial.

The Wall Street Journal reports that an Arkansas murder conviction was recently thrown out simply because one juror was tweeting throughout the trial.  Though judges typically do not allow the use of smartphones in the courtroom, jurors still have access to a wide variety of social media outside the jury box, and this has been causing headaches for attorneys across the country.

Convictions and appeals are increasingly being challenged by attorneys who claim that jurors are improperly communicating with each other outside the courtroom on Facebook, and even sending Facebook friend requests to defendants and plaintiffs.

Courts are struggling with ways to prevent jurors from using social media improperly during trials, but the fact remains that this type of behavior is very hard to detect without compromising juror privacy.  Some attorneys have begun to request that jurors turn over their Twitter handles or even allow access to their Facebook accounts during the course of a trial so that any inappropriate communications can be detected, but this again opens a new can of worms when it comes to privacy concerns.

March 19, 2012

Tips for Overcoming Bad Law School Grades

 

The sluggish legal services market has made job seeking all the more difficult even for top performing law school students, so what hope is there for those who simply don’t have the best grades?  The bad news is that if you do not happen to be one of the lucky few who manage to rise to the top of the class, you are not likely to be successful in securing on-campus interviews with so-called “BigLaw” firms.  The good news is that many students who do obsess over grades and other resume-boosting extracurricular activities often fail to distinguish themselves by developing practical legal skills.

When it comes to those coveted BigLaw jobs, grades and class rank are really the only proxy for ability, because these types of firms base their hiring decisions almost entirely on first-year grades.  Such firms are not really interested in the kind of legal skills a student might have acquired, largely because the firm will provide the new associates with the kind of training required for that particular law practice.

Tip #1: Aim for the Middle

Mid-sized and smaller firms typically do not have the time or resources to spend on training green attorneys, so they are less interested in class rank and more interested in the tangible skills an applicant possesses.  While still in law school, seek out clerkships in the type of firm where you would ultimately like to land a job after law school graduation.  Don’t set your heart on getting an offer at that particular firm, as most smaller firms simply don’t have the budget to hire new associates every year.  But, make the most of the time you have at the firm by seeking out attorneys to provide mentoring, and by learning all you can about that type of law practice.  Keep asking for new and more complicated tasks so that you will be able to set yourself apart from other former law clerks.

Tip #2: If Government Work is What You Seek—Volunteer

Lots of new law students dream of being a prosecutor or public defender, but with budget cuts and hiring freezes, these positions are increasingly hard to come by.  The only way to have a shot at this kind of job is to intern at a public office and “put in your time.”  Almost all of these positions go to applicants who have volunteered their time throughout...

March 14, 2012

Four Interview Mistakes to Avoid

 

In our last post, we discussed ways that your legal resume might not be hitting all the right notes with potential employers.  Today, we will focus on the most common mistakes applicants make in their job interviews.

1.   Not Realizing That the Job Could Be Yours to Lose

If you have made it to the interview stage of the hiring process, it means that you have been deemed to be qualified for the position.  Employers have gone through dozens if not hundreds of applications to identify interview candidates, and that pool is very small.  When you are called into an interview, what the hiring party is really looking for is whether or not you, personally, would be a good fit for the team.  This is where many applicants get into trouble, because they believe that they have to continue to prove their credentials instead of merely being themselves and showing the employer that they would be a good fit for that office.  Employers want to know that you will be able to get along with everyone and that you will not be difficult to work with, so focus on letting your personality shine through.

2. Making Disparaging Remarks About Your Former Employers

It is almost inevitable that you will be asked why you left your last job, and this is where so many job applicants end up shooting themselves in the foot by making negative remarks about their last employer.  You will not endear yourself to a prospective employer by reciting a litany of horrors that you experienced in your last job.  For one thing, it shows a severe lack of judgment on your part.  In addition, it demonstrates a lack of loyalty.  How is the potential employer to know that you won’t be making these kinds of comments in a future interview to another employer?  Make sure to keep your answers to these types of questions respectful and positive.

3. Making Disparaging Remarks About the Employer’s Clintele

This seems like a no-brainer, but it actually happens more than you would think.  Many applicants believe they can curry favor with a prospective employer by being “in the know” about the people the company deals with.  Sometimes this manifests itself as being disrespectful to the very people that keep the company in business.  Some applicants will even report that the very reason they left their former position in the first place was because...

March 12, 2012

Five Reasons Why Employers Are Not Impressed With Your Legal Resume

 

“I’ve got an amazing resume, so why won’t anyone hire me?”

Gaining entry to the legal services market is more challenging than ever, because there are twice as many applicants as job openings.  Setting yourself apart from the competition is crucial, but many law students are unwittingly setting themselves up for disappointment by neglecting to present themselves in the best possible light on their resumes.  Here are just a few of the ways that your legal resume is failing to impress potential employers:

1.   Not Including a GPA

Many students whose grade point averages are less than stellar steer clear of pointing out their academic shortcomings on a resume, and rightly so.  It’s better to focus on your personal achievements and transferable skills when grades are not the best way to demonstrate what you have learned.  However, some students believe that they shouldn’t list their GPAs unless they are in the top of the class.  This couldn’t be further from the truth.  When an applicant fails to include grades, most employers assume that the applicant’s GPA was lower than 3.0.

Remember, the law is a prestige-oriented profession, and your academic standing will be an issue throughout your career.  While it is true that once you have actually forged concrete legal skills your grades will be less important, for the first several years, grades matter.  Add your GPA to your resume if it is 3.0 or above to avoid being unfairly judged.

2.  Exaggerating Accomplishments

It is tempting to embellish and elaborate on the practical legal skills you have obtained through clerkships and other summer positions, especially if your grades are not the best.  But one way that you will quickly frustrate employers is to characterize yourself as possessing significant legal experience when really all you have done are mundane daily tasks.  For example, veteran legal recruiter Joe Ankus cautions that candidates who claim to possess “extensive pretrial and motion experience” typically only conducted very simple tasks in their previous positions, such as attending calendar calls, and did not actually write or argue substantive motions.

Recruiters and employers quickly see through these kinds of overstatements, so be honest.  If you are lucky enough to make it to an interview, your puffery will quickly be revealed when it becomes clear that your deposition “experience”  boils down to having merely watched one instead of actually defending one.

3.  Including an Objective...

February 6, 2012

Law School Classes that Build Practical Lawyering Skills

 

The heavy emphasis that most law schools place upon teaching students to “think like a lawyer” sometimes obscures the fact that the legal profession requires more than just a theoretical understanding of how the law works. Practical skills are vital to the successful practice of law, so it is imperative that students seek out opportunities to build those skills before graduation.

One of the most common complaints from legal employers is that new JDs emerge from their alma maters lacking the ability to draft the most basic contracts or to draw up a simple will. Even if you do not intend to focus on transactional law, as an attorney, legal drafting should be one of the arrows in your quiver, so make sure to add at least one such class to your schedule. Many law schools even offer drafting classes for specific areas of law, and if you can find one that applies to your intended practice area, you will stand out to potential employers.

With the increased emphasis on settlements these days, most lawyers will spend more time taking depositions and only rarely seeing a case go to trial. Look for courses that will help you develop the skills necessary to take and defend depositions so you will be able to assist supervising attorneys right out of the gate.

E-discovery is another area that law firms are struggling with, so any exposure that you can gain while still in school is both valuable and marketable.

If you are considering going solo, you should also consider taking a basic accounting course designed to help you deal with the financial aspects of running a legal practice. Some law schools have begun to offer accounting for the solo practice courses, or even more comprehensive courses that can guide you through the process of becoming established as a solo practitioner, so save room in your schedule for that.

Negotiation and mediation classes are also very useful in that they typically allow you to participate in simulations that will help you learn to get the best deals for your future clients.

Finally, if your school does not require you to take a course or seminar in client counseling you should consider adding one to your schedule. Dealing with clients is an art in itself, and requires lots of practice, so make sure you can handle yourself and keep your clients happy.

However you choose to...

February 1, 2012

Bar Points: Everything is Fair Game on the Multistate Essay Exam

 

W

ith all the confusing acronyms thrown about with respect to the bar exam, it’s no surprise that many bar takers become confused about what is actually being tested. The most common misconception about the bar exam in states that test both the Multistate Bar Exam (MBE) and the Multistate Essay Exam (MEE) is that there will only be MBE subjects tested in essay form on the MEE.

Alas, if only that were the case. The truth of the matter is that many more subjects are included on the MEE than just the six core MBE subjects:


Business Associations:

  • Agency & Partnership
  • Corporations & LLCs

Conflict of Laws
Constitutional Law
Contracts (Includes Uniform Commercial Code Article 2: Sales)
Criminal Law & Procedure
Evidence
Family Law
Federal Civil Procedure
Real Property
Torts
Trusts & Estates
Trusts & Future Interests
Negotiable Instruments (UCC Article 3)
Secured Transactions (UCC Article 9)

Bar takers love to make predictions about what will be tested on the bar exam, largely because they hope to avoid lavishing limited bar preparation time on difficult subjects. The thinking goes something like this: “Well, they tested both Secured Transactions and Negotiable Instruments on the last bar exam, so they probably won’t test them both this time around!”

This kind of attitude is understandable, but can ultimately be detrimental. The truth is that there is no formula or code that can be cracked to accurately determine what subjects might be tested on the next administration of the MEE.

The best way to approach the MEE is to think of every subject as being fair game and preparing accordingly. There will always be subjects that will be more difficult to master, especially if you have not taken a course in law school, but make sure to spend adequate time learning each of the above subjects so that you will not be surprised on test day.

Have a question about preparing for the...

January 30, 2012

Bar Points: “Big Ticket” Items on the Multistate Bar Exam

 

A

s most bar takers are well aware, the Multistate Bar Exam (MBE) tests six areas of law: Constitutional Law, Contracts, Criminal Law & Procedure, Evidence, Torts, and Real Property. Many examinees are, quite naturally, a bit overwhelmed by the sheer breadth of material tested.

What many bar takers don’t realize is that the MBE tests certain subtopics within each area of law more frequently than others. What this means for you is that there are a higher number of points to be earned in certain areas of law than others. Once you’ve identified those areas, you will be able to focus your studies and maximize your score.

So, what are the big ticket MBE topics, you ask? Let’s break it down:

Constitutional Law: First Amendment issues comprise about 50% of the questions tested on the MBE. This includes questions on freedom of speech, freedom of the press, and the Establishment Clause. You can bone up on these topics here.

Contracts: Formation, conditions, and remedies make up approximately 60% of the questions you’ll face in this subject. You can refresh your knowledge on those topics here.

Criminal Law & Procedure: This subject is split pretty evenly between crimes—predominantly homicide—and procedural due process issues. You will need to memorize the elements of every crime, so get up to speed here.

Evidence: Hearsay, relevance, and presentation each make up around 33% of this subject. The hearsay questions can be pretty challenging, so make sure to get plenty of practice in this area. You can review your Evidence concepts here.

Real Property: This subject is among the most challenging on the bar exam, largely because much of what is tested is not taught in most first-year law school classes. Bar takers, on average, only answer 50% of these questions correctly on the actual exam, so this is a prime subject for claiming extra points. Mortgages and landlord/tenant issues dominate this subject, so focus your energies there. You can delve deeper into these topics here.

Torts: Negligence questions represent 50% of the Torts questions you will encounter on the MBE. Intentional Torts and other torts represent the remaining...

January 25, 2012

All About the Uniform Bar Exam

 

O

ne of the most frustrating aspects of the legal profession is simply gaining initial entry therein. Not all states offer reciprocity, which means that even after enduring and overcoming the rigors of the bar exam in one state, a newly-licensed attorney might have to sit for yet another exam to gain entrance to the bar in an adjacent jurisdiction.

Realizing the difficulties that so many young attorneys face, the National Conference of Bar Examiners (NCBE) created the Uniform Bar Exam (UBE) to enhance the portability of bar exam scores and encourage greater reciprocity between states.
The UBE is not a new test, but consists of Multistate bar exam components with which many current and future bar takers are already familiar: The Multistate Bar Exam (MBE), the Multistate Essay Exam (MEE), and the Multistate Performance Test (MPT). No state-specific law is tested on the UBE, hence its portability. However, some states, such as Missouri, require bar applicants to supplement their UBE scores with state-specific exercises.

The number of jurisdictions that have adopted the UBE is still small, though the list is growing. Currently, these jurisdictions administer the UBE: Alabama, Colorado, Idaho, Missouri, and North Dakota. Arizona will move to the UBE in July 2012, Washington in July 2013, and Montana and Nebraska have conditionally approved its adoption sometime in the future.

Though UBE scores are transferable between jurisdictions that accept them, each jurisdiction sets its own policies regarding what constitutes a passing score and how long incoming scores will be accepted, so consult your state board of bar examiners for details. You can also learn more about the benefits of the UBE here, and you can read up on the policies behind the exams creation here.

Have a question about preparing for the bar exam? Email Kimber Russell at Kimber.Russell@kaplan.com.

Check back here every Monday and Wednesday for more Bar Points. And get extra practice with our MBE Questions of the Day every Tuesday and Thursday at Facebook.com/KaplanPMBR.