January 16, 2009
An Oft-Forgotten Concern--Guest Column by Russell C. Smith
As we talk to students after first semester grades come out, I find that often I neglect to address one concern that I believe they all have, yet one that is not often expressed in our conversations with students. We have no trouble focusing on grades, exam writing, study habits, briefing skills, etc. Yet I find at the bottom of many of my students concerns, maybe subconsciously for some, lurk a couple of nagging questions. If I am struggling academically, will I be a good lawyer? Will I be able to make a living practicing law? Embedded in these questions are perhaps the concern about repaying loans and living up to the expectations of others.
Students usually find some comfort when they realize that the correlation between academic performance and the potential for a successful practice career is not as strong as they might imagine. I try to get students to think of the whole process of becoming a lawyer as hurdles to be jumped only once. Once you’ve cleared the hurdles (LSAT, school, bar) then you’re at the finish line ready to practice and nobody really cares, particularly your clients, how difficult you found the hurdles.
I usually tell students some true stories to help them with this concern. We all know of students who struggled academically and then went on to fame and fortune or at least successful practices. I share the stories of some people I know like this. Also, we all know of superior academicians who, because of a lack of other skills, could never make a living as a practicing attorney. In fact, some of these people would have trouble giving away legal service, let alone getting someone to pay them for it. (If you are now thinking of some of the people you know in academia, shame on you!) I practiced for ten years and never once did a client ask me what I made in evidence when deciding whether to hire me for a trial. As an aside, I did hear a story of an assistant district attorney once who cited his performance in evidence class as authority for his argument regarding a piece of evidence. The court was not persuaded.
Students that struggle find some comfort in knowing many stellar legal careers have sprung from less than stellar law school performances. Even if this is not verbalized by the student, I think most of the time they have concerns about their ability to practice and make a living. It is a worry that we can help to alleviate. And after all, every thing that we can help students become comfortable with is likely to take them to a better place, both emotionally and academically.
Russell C. Smith
Assistant Dean for Student Services
Campbell Law School
Buies Creek, NC
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