Thursday, September 12, 2019

A Himalayan Court's Perspective on Case Briefing, Preparation, and Legal Analysis

I have to make a confession.  Last week, I admitted that - as a law student - I was a proverbial "deer-in-the-headlights" when  it came my time to face an ambush of socratic questioning.  Confessions of a Socratic Deer (Sep 5, 2019).  In retrospect, I think that some of that was due to my method of class preparation, namely, I tried to memorize as much of the case materials as I could so that I could regurgitate the cases when called upon (an impossible task, mind you!).  

Now, looking back, I think I should have focused, as indicated in the final point of last week's blog, on preparing for classes by preparing my own questions about the cases assigned as reading, writing:

"As you read cases, puzzle over them, asking questions, evaluating arguments, voicing your own concerns, dialoguing and debating with the courts.  In other words, don't read to memorize the cases.  Instead, read to learn to have conversations with courts, to voice your own opinions and insights, in short, to prepare for a life in the law as a creative thoughtful attorney." Id

That's when I got super-excited about the super-short case preparation checklist from the Royal Court of Justice for the Kingdom of Bhutan. Royal Bhutan Case Preparation Checklist (2018).   

It's just two pages long but jam-packed with informative tips and questions that, in retrospect, would have made a mountain of difference in my law school learning, not to mention my confidence in the face of potential socratic questioning.  

As the Royal Court explains in its document entitled "Briefing a Case," case briefing in preparation for court [and classes of course] is critically important for lawyers [and law students] because the process of case briefing "...organizes ones thinking and forces one, point by point, to consider all the important elements of the decision.  Id.  

To paraphrase, the Royal Court's checklist focuses one's mind on 8 steps:

  1. State the parties of the case and what they want.
  2. Provide a brief synopsis of essential facts.
  3. Briefly describe the procedural history of what happened.
  4. Find out the issue or issues.
  5. Figure out the holding/decisions of the judges.
  6. Explain the court's chain of reasoning using IRAC analysis.
  7. State the ultimate order of the court in disposition of the case.
  8. Voice your analysis.  Id.

In my opinion, the first 7 steps are the means to an end with the end lying in step 8 - voicing your analysis

As the Royal Court indicates its checklist, in the last step about voicing your analysis, explore the significance of the case, figure out how the case relates to others that you have read, identify the case's place in history, ponder what the case shows you about judges, courts, and society in general (to include its impact on litigants, both now and in the future), unpack both the explicit and implicit assumptions of the court, and engage in a thoughtful debate the "rightness" of the decision to include its persuasiveness and logic.  Id.  

I know that that sounds like a lot to take in.  But, learning the law requires learning legal analysis and learning legal analysis requires digging in deeply into the cases assigned for each of your classes.  Unfortunately, I spent way too much time in law school re-reading cases, trying to memorize them, rather than trying to see the patterns in legal thought and persuasion and, best yet, voicing my own analysis of them.  

In short, as I reflect on my own law school experience, the key to case briefing and class preparation, it seems to me, is to take on the role of Socrates yourself, prior to class, in which you probe and ponder the cases assigned.  As a bonus I can promise you, you'll learn to think like a lawyer and, more importantly, you'll be the sort of attorney to which your clients will be mighty grateful because you honed your skills and sharpened your analysis in law school (rather than with them).  

(Scott Johns)

 

https://lawprofessors.typepad.com/academic_support/2019/09/a-word-from-a-himalayan-kingdom-about-preparation.html

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