so this may have been obvious but...

(Study Tips, Dealing With Stress, Maintaining a Social Life, Financial Aid, Internships, Bar Exam, Careers in Law . . . )
User avatar
goosey
Posts: 1543
Joined: Tue Aug 19, 2008 11:48 pm

so this may have been obvious but...

Postby goosey » Tue Oct 26, 2010 10:48 pm

DO NOT do what everyone else is doing just because you are not sure if what you're doing is right. I heard from people about how they're putting policy arguments into their memos and thought "wow I didn't think that was needed, but if everyones doing it, they're prob right"

Wrong! If everyones doing it and I do it just because they are, I will wind up where everyone winds up: median!

The policy thing was the biggest complaint she had about my memo.

So yeah..fairly obvious advice that I had to learn the hard way: do your own thing, even if you think everyone else is smarter

dougroberts
Posts: 223
Joined: Mon Jun 28, 2010 11:18 am

Re: so this may have been obvious but...

Postby dougroberts » Tue Oct 26, 2010 10:51 pm

Surprised that you would lose points for policy argument, assuming it was valid and did not take away anything (like space in a page-limited memo) from your real legal analysis. Usually a well-written and thought out policy argument, if not too long, is beneficial.

Oban
Posts: 717
Joined: Sun Sep 06, 2009 12:09 pm

Re: so this may have been obvious but...

Postby Oban » Wed Oct 27, 2010 12:43 am

there is no policy argument in a memo, because it's a fucking memo, not an appellate brief or amicus curae, its a memo explaining the legal issue to the assigning partner.

User avatar
Gatriel
Posts: 2015
Joined: Tue Sep 22, 2009 11:30 pm

Re: so this may have been obvious but...

Postby Gatriel » Wed Oct 27, 2010 2:13 am

What a waste of space. I'm not sure about your page limit, but 6 pages double spaces doesn't allow for a proper issue, brief answer, state of facts, discussion, and conclusion with policy stuff in there.

On a side note, does every school say they have an especially good LRW program?

theantiscalia
Posts: 320
Joined: Mon Mar 15, 2010 11:18 pm

Re: so this may have been obvious but...

Postby theantiscalia » Wed Oct 27, 2010 2:16 am

Gatriel wrote:What a waste of space. I'm not sure about your page limit, but 6 pages double spaces doesn't allow for a proper issue, brief answer, state of facts, discussion, and conclusion with policy stuff in there.

On a side note, does every school say they have an especially good LRW program?


Yes, every law school says that. MN seems especially proud of theirs.

I don't know that I'd put a policy argument in my memo, but I do think it is helpful to list the rationale for the rule (which is related). My professor liked that I did that.

And +1 for asserting that if you do what everybody else does you end up at median.

User avatar
traehekat
Posts: 3195
Joined: Thu Apr 30, 2009 4:00 pm

Re: so this may have been obvious but...

Postby traehekat » Wed Oct 27, 2010 2:22 am

I don't use policy, but I can see how one may do it when the plain letter rule would allow a certain result, but the policy behind the rule would not be furthered by reaching the result (indicating the court may find away around it).

unrelated to that but more to the general OP, i do still get that queasy feeling a little when i see ppl open up their laptops with impressive looking briefs with all the facts there and reasoning and issues and blah blah. just looks so organized, which i am a sucker for. meanwhile i sit there and just fill in the facts and rule as we go over the case in class.

User avatar
Amy wineBerry
Posts: 86
Joined: Tue Jun 01, 2010 2:10 pm

Re: so this may have been obvious but...

Postby Amy wineBerry » Wed Oct 27, 2010 8:27 am

One thing I'm learning about law school...do what professors want you to do. If they ask for policy arguments (ex. on exams), give them. If they ask for an analysis of the issue (ex. memo), deviating might be to your detriment. Although an unsolicited policy argument wouldn't hurt on an exam, memos have strict guidelines.

And in general, I said eff whatever everyone else is doing about two Sundays ago...it was regarding studying though. (No one discusses the memo here because there is this fear of "The Man.") Trying to keep up with them and their methods was driving me to homicidal thoughts.

User avatar
goosey
Posts: 1543
Joined: Tue Aug 19, 2008 11:48 pm

Re: so this may have been obvious but...

Postby goosey » Wed Oct 27, 2010 9:04 am

Gatriel wrote:What a waste of space. I'm not sure about your page limit, but 6 pages double spaces doesn't allow for a proper issue, brief answer, state of facts, discussion, and conclusion with policy stuff in there.

On a side note, does every school say they have an especially good LRW program?



we didnt have a page limit and my memo was a full 10 pages.

and yeah...the memo was writing to the boss at the D.A's office telling him whether he should even be charged with kidnapping, so she said policy has no context there. fail.

User avatar
nealric
Posts: 2391
Joined: Fri Sep 25, 2009 9:53 am

Re: so this may have been obvious but...

Postby nealric » Wed Oct 27, 2010 10:57 am

DO NOT do what everyone else is doing just because you are not sure if what you're doing is right. I heard from people about how they're putting policy arguments into their memos and thought "wow I didn't think that was needed, but if everyones doing it, they're prob right


Regardless of truth of these statements, you are not qualified to give advice about finals until you have taken them. Some people find policy arguments helpful to their understanding. Who cares?

User avatar
goosey
Posts: 1543
Joined: Tue Aug 19, 2008 11:48 pm

Re: so this may have been obvious but...

Postby goosey » Wed Oct 27, 2010 11:38 am

nealric wrote:
DO NOT do what everyone else is doing just because you are not sure if what you're doing is right. I heard from people about how they're putting policy arguments into their memos and thought "wow I didn't think that was needed, but if everyones doing it, they're prob right


Regardless of truth of these statements, you are not qualified to give advice about finals until you have taken them. Some people find policy arguments helpful to their understanding. Who cares?



its not about making policy arguments..its about following the herd. You seem to have missed the point of that post. Policy arguments in a memo was an illustration of how I went against what I thought was right simply because everyone else was doing it, which, in a curved course, is likely not the best plan of attack. The post is not at all about whether or not one should make policy arguments. Its about whether or not one should do what everyone else is doing against their own better judgment, simply out of the fear that everyone else must be right and she is the one that is wrong

User avatar
Adjudicator
Posts: 1108
Joined: Fri Jul 23, 2010 4:18 am

Re: so this may have been obvious but...

Postby Adjudicator » Wed Oct 27, 2010 11:46 am

goosey wrote:
nealric wrote:
DO NOT do what everyone else is doing just because you are not sure if what you're doing is right. I heard from people about how they're putting policy arguments into their memos and thought "wow I didn't think that was needed, but if everyones doing it, they're prob right


Regardless of truth of these statements, you are not qualified to give advice about finals until you have taken them. Some people find policy arguments helpful to their understanding. Who cares?



its not about making policy arguments..its about following the herd. You seem to have missed the point of that post. Policy arguments in a memo was an illustration of how I went against what I thought was right simply because everyone else was doing it, which, in a curved course, is likely not the best plan of attack. The post is not at all about whether or not one should make policy arguments. Its about whether or not one should do what everyone else is doing against their own better judgment, simply out of the fear that everyone else must be right and she is the one that is wrong


So true; I've heard this advice before but this was a great illustration of the principle. Thanks.




Return to “Forum for Law School Students”

Who is online

Users browsing this forum: lawlaura3494, MSNbot Media, Nobiggie, rnoodles and 12 guests