Adam Engelhart

There are duty attorneys for times like this!

So I posted about Phoenix Wright, Ace Attorney a while ago, and I recently found the game on Verizon’s hideously maimed walled-garden of a software site. I decided it’d be worth the $5 or whatever, and you know, it’s pretty fun! It’s definitely a true adventure game–there’s only one way to get through it, which makes the gameplay more like an interactive novella than a role-playing game–but it’s fun for what it is. The replay value is next to zero, though.

However, I’m actually writing about a website I came across earlier today, specifically that of the Japan Federation of Bar Associations. You may wonder what to do if you are arrested in Japan, but never fear! There are duty attorneys for times like this!

In truth, the protections that suspects get in Japan are markedly less than the ones in the States (for example, you can be held without charges for 23 days), and people are far less likely to take advantage of them. However, the fact that the organization that offers the duty-attorney service has a cute manga informing prospective clients of the service is just adorable to my Western eyes.

Anyway, this also goes towards explaining how the Phoenix Wright justice system could seem plausible. From the States, it seems ludicrously Draconian to have, for example, trials limited to three days or the insane burden-of-proof provisions you see in the game, but I think it looks slightly more reasonable in Japan. That said, it’s just a game, and I should really just relax.

Add comment July 1st, 2008

Advice to 1Ls

My youngest brother, Jason, will matriculate at Washington University in St. Louis Law School this fall, and I compiled the following advice for him as he sets out on his legal education. As the eldest of three sons, I sometimes say that I’m the guy who ended up beta-testing life–making mistakes so my younger siblings don’t need to. There are benefits and drawbacks to this, as there are to everything, of course. In any event, I hope the material after the jump is helpful:

• It’s never too early, nor too late, to get involved and network. Volunteer at CLE events, consider doing writing competitions, do informational interviews, and talk to strangers. A rudimentary degree of competence in schmoozing will help you a lot, and it’s the sort of thing that’s only earned through practice. (As Prof. Wagstaffe said to my class, most of your cases will come from people you have talked with in the past week.) On a more immediate note, getting a job, as I said, is largely a matter of luck. But you can make yourself luckier if you know more people–someone who knows fifty people will be ten times more likely to get a job than someone who knows five. You can manufacture luck, but it takes some time.
• Similarly: consider joining bar associations as a student–not just the ABA, but local, regional, and practice-area groups as well. There are zillions, including the Half-Norwegian (on the Mother’s Side) American Bar Association. (This is particularly applicable to Jason and me, as we are half-Norwegian (on our mother’s side), although past presidents have had ancestry ranging from half-Norwegian (on the father’s side) to African to Italian to Danish-Swedish.)
• Sign up for Bar/Bri your first year–you’ll lock in that year’s tuition (and yes, it does go up every year–not by a drastic quantity, but hey, you need that money a lot more than Thomson does), but more importantly, you’ll also get their 1L and upper-level outlines, more on which later.
• Course outlines, hornbooks, and study aids, whether commercial or prepared by other students, can help a lot. One of the downsides of law school in the US is that they make you get the principles of law from cases that you read, and for every plain-spoken O’Connor or methodical Posner, there’s at least one inscrutable Frankfurter or some long-dead judge who clerked for Moses and must have gotten paid by the dependent clause. While it’s important to learn how to interpret legal opinions, these resources can help give you a roadmap to understanding the really opaque ones.
• A corollary: one of the best times to read outlines isn’t after class or while preparing for the test (although they can help then), but before the class, so you know what’s coming.
• Another book worth getting: Guerrilla Tactics For Getting The Legal Job Of Your Dreams, by Kimm Walton (aka the Job Goddess, and not without reason). This is the book that made me finally appreciate networking.
• Also: Glannon’s Examples and Explanations for civ pro is basically a must.
• Also also: Academic Legal Writing, by Eugene Volokh. Excellent advice for, well, academic legal writing, including the law review writing competition and your journal note or seminar paper.
• Speaking of legal writing and research, are you confused by the array of books you use in researching legal issues? I think someone made a Field Guide to the Law Library for that a while ago.
• A book not worth getting: Black’s Law Dictionary. If you must have a paper law dictionary, I think Barron’s puts out a good one that is substantially cheaper. However, Google and Wikipedia will be happy to enlighten you on the occasional obscure term for free. In the unlikely case that you need a really detailed definition, the law library will have a copy of the desktop version of Black’s, but I haven’t really needed to use any of ours (although I sometimes flipped through them while avoiding real work because I’m a word nerd).
• Some folks like making flashcards. I haven’t, but I’m trying out Genius now, and it’s pretty cool.
• Legal exam writing is unlike any other form of writing known to humankind. Your school will probably offer a workshop on this–Hastings had an outfit called the Academic Support Program that did it. Go to those workshops. Virtually everyone in your class will know the material, most people will be able to issue-spot well, but the presentation is what turns a decent exam into a great one. It took me far longer than it ought to have to realize this.
• Stay on top of things. It should go without saying, but even the most diligent people have been caught out by this one.
• It’s just law school. There are things in this world worth killing yourself over; the law is very, very far from being one of them. I’m not trying to scare you off–people with JDs do a lot of cool things–but you don’t get to, much less through, law school without being at least a little obsessive, and carried to extremes, this character trait can make you very unhealthy indeed. Hard work and a balanced life are not incompatible, and anyone who tries to tell you otherwise is deluded, or at least somewhat confused.

As I said, I hope this is helpful. If anyone in the audience has anything to add, please do so in the comments.

Add comment June 14th, 2008

Law School and Law Study

Some background, first:

Becoming a Lawyer

Law School

The first step in becoming a lawyer in the United States is attending law school. In many other countries, law is an undergraduate major, but here it’s a three-year graduate degree.

The first year varies remarkably little between schools: contracts, civil procedure, torts, criminal law, and property. Some schools require constitutional law as well, and some allow students to choose an elective at one point. My law school required all the courses I mentioned at the beginning of this paragraph (two terms of the first two and one of each of the last three) and allowed us to choose one elective our second term, all of which related to an area of law governed more by statutes than by prior cases.

Students will also generally need to take a course in legal writing and research. At Hastings, we did this our first term and took a moot court course in our second. (Moot court is much like it sounds–you get a case, usually one that’s pending before the United States Supreme Court or the highest court in the state where the school is located, are randomly assigned a side to argue, and spend a unit or two’s worth of time researching, briefing, and arguing it.)

In the second year, students pretty much get to take what they want. Some schools (including Hastings) don’t require con law and evidence, but you’d be a fool not to take them, especially as they’re covered on the bar exam, more on which later.

The third year, at Hastings at least, is much the same from a formal standpoint. Some schools (such as George Washington, I’m informed) take a page from medical schools’ books and have an entirely clinical third year–students work under the tutelage of experienced attorneys or judges assisting them in their duties. It remains to be seen whether this will become standard practice, but clinical programs are becoming more common and prominent in the American law-school landscape. For my part, I spent half my time my last semester of law school working for a judge at the San Francisco Superior Court. If you’re in law school, I strongly recommend it.

“Reading law”

Of course, you could go the seriously old-school route and not bother with law school at all, instead taking a period of apprenticeship to an attorney or judge and studying under them. This used to be the only way to become a lawyer, but it’s far less common these days–most states don’t even allow it, but California is one that does.

Add comment June 7th, 2008

Sugarlump

Coffee shop laptops

Originally uploaded by billaday

I’m studying property at Sugarlump, a very cool coffee place in the Mission. About half the people in this place are studying for the bar, I think.

Add comment June 7th, 2008

Bar Exam: Intro

Dr. Hoenikker used to say that any scientist who couldn’t explain to an eight-year-old what he was doing was a charlatan.

–Kurt Vonnegut, Cat’s Cradle

The work presumes a standard of education corresponding to a university matriculation examination, and, despite the shortness of the book, a fair amount of patience and force of will on the part of the reader.

–Albert Einstein, Relativity: The Special and the General Theory

In recent years, a lot of newly-minted JDs have blogged the process of preparing for the bar exam. I intend to follow through on this trend, blogging not only about the process of preparation but about the law I’m reviewing at the time.

As you are (and I am) about to find out, preparing for and taking the bar exam is a very serious undertaking. You might want to know why I’m bothering to write up these blog entries while I’m doing it. The reason is that I really enjoy explaining things, and that I thought that explaining the law I’m reviewing to a general audience (educated, intelligent people without any legal training) would be an excellent way for me to review what I’m doing and fix it in my mind as I prepare for the test. I also hope that these entries will be useful to other people, whether they are prospective examinees, law students, or curious civilians. In particular, I hope that you will find them useful, or at least interesting, or at the very least an efficient way to avoid productive work for a few hours.

At first, I’m going to blog about background topics that my bar review course won’t cover specifically, but that are important to understanding what’s going on. In my law school experience, I found that this was one of the harder things to pick up, as they weren’t explicitly taught, but left for students to discover on their own.

Later, I’ll blog about the particular substantitve topics we’re reviewing at the time, as well as my experiences while studying for the bar.

Add comment June 6th, 2008

Law Librarian Pumpkin

Law Librarian Pumpkin

Originally uploaded by Cavutto

Cavutto commented on one of my field guide pictures on Flickr, so I clicked over to his photos and saw this law librarian pumpkin. Cute, huh?

Add comment November 4th, 2007

Bay Area Blawgers 2.0

My friend Joe told me about this event, and I emailed Prof. Goldman and got on the mailing list for future meetings. Alas, I won’t be able to make it because I have an evening class, but if you have a blog, write about law, and are in the Bay Area, you should definitely check this event out. Prof. Goldman’s announcement follows, after the jump:

High Tech Law Institute at Santa Clara Law School and Six Apart are pleased to announce Bay Area Blawgers 2.0, the second gathering of legal bloggers in the Bay Area. See a recap of the first gathering. This time, we’ll spend an hour in a structured discussion starting around 6:15 (see some possible discussion topics). We’ll spend the rest of the time schmoozing/chit-chatting.

When: November 5, 6-8 pm.

Where: San Francisco office of Fenwick & West, 555 California Street, 12th Floor, San Francisco, CA. Directions.

Who: Everyone is welcome, but this event principally will cater to active legal bloggers. People who have indicated they plan to attend: Tsan Abrahamson, Harry Boadwee, Brian Crossman, Robert Eisenbach, David Friedman, Sujatha Ganesan, Cathy Gellis, Eric Goldman, Joe Gratz, Beth Grimm, Chris Hoofnagle, Kimberly Kralowec, Matthew Lasar, David Levine, Tom Levis, Ethan Leib, Susan Nevelow Mart, Cathy Moran, Amy Morganstern, Deborah Neville, Dana Nguyen, Bruce Nye, Kevin O’Keefe, Jay Parkhill, Bertrand Pautrot, Aaron Perzanowski, Benjamin Reyes, Colin Samuels, Jason Schultz, Peter Smith, Tim Stanley, John Steele, Stacy Stern, Victoria Stodden, Gene Takagi, Chris Vail, Colette Vogele, Fred von Lohmann, Julia Wei and Cicely Wilson.

Cost: Admission is free, but parking is not!

CLE: This event qualifies for 1 hour of general CLE credit. Santa Clara University School of Law is a State Bar of California approved MCLE provider.

RSVPs: RSVP are ESSENTIAL for this event because of security procedures at 555 California Street. RSVP to Eric Goldman (egoldman@gmail.com ).

Add comment October 31st, 2007

Supernatural Law

I’ve always liked seeing media depictions of things I’m involved with, partly because I find it interesting to see how others view groups I know from the inside and partly because of plain narcissism. Since I’ve started law school, I’ve been viewing legal fiction in a new light. From Phoenix Wright to Atticus Finch, it’s fascinating to see how the profession I’m learning shows up in the media.

With Halloween around the corner, I think it’s just the time to link to Supernatural Law, featuring Wolff and Byrd, Counselors of the Macabre. The author, Batton Lash, was inspired by the old buildings on Court Street in his native Brooklyn, and decided to start doing a strip about a small law firm that helped clients with supernatural problems: monsters, ghosts, that sort of thing. After runs in the Brooklyn Paper and the National Law Journal, it’s now appearing in comic books and online.

The art has a classic, mid-20th century feel to it, which meshes well with the storytelling and occasional pun. Check it out; I’ve been quite pleased.

1 comment October 30th, 2007

Service of Process

Here is a simple civil procedure tip for all you law students out there who are confused about the proper forms for service of process.

Right:

(Or you could just send it to them through the mail under Rule 4(d), which is much easier and cheaper for all concerned. But don’t do this–)

Wrong:

I found this on the sidewalk south of Market while I was walking back from a trip to Costco. Here’s the same picture, from a wider angle, which suggests that the legal colloquialism for a form of service that is unlikely to reach the defendant on time or at all–”sewer service”–might be uniquely appropriate here.

I am not certain whether Darrel A. appeared, or indeed to which court he was being summoned, why, or by whom.

Add comment September 25th, 2007

A Photographic Field Guide to the Law Library

When I started law school, I found the law library a little bewildering–I had no idea what all these books were, which ones I would use when, or even what they all looked like. In order to help out future 1Ls (and curious civilians) who find themselves in a similar position, I’ve prepared this photographic field guide to the law library. For each series of books, I’ve included the title, a photograph, a brief description including circumstances in which you might want to use it, and the Bluebook (18th edition) citation rule to use.

American Law Reports (ALR)

ALR is a series of articles on the approaches different courts have taken to a legal issue. The current series is ALR 6th. There’s also ALR Federal, focusing on federal law; it’s in its second series. Great for getting a broad, multi-jurisdictional perspective on a legal issue.

Cite per: R16.6.6, p. 145.

Corpus Juris Secundum (CJS)

American Jurisprudence (AmJur)

CJS and AmJur are legal encyclopedias. They present overviews of the law, organized by topic, with references to controlling authority. A good place to start if you want to learn exactly what the law is on a certain point, and to get ideas for further research.

Cite per: R15.8(a), p. 135.

West’s Annotated California Codes

Deering’s California Codes Annotated

These contain the text of the current California statutes, information about their legislative history, and headnotes and references for decisions interpreting or relying on the statutes. Start here if you know what statute is applicable and want to see what courts have said about it.

Cite per: R12, p. 101 et seq.; Table T.1, p. 201.

West’s California Digest

A “digest” is a compilation of headnotes from past decisions, organized by subject. Occasionally the digest publisher will close a digest and publish notes from later decisions in a new series. The current edition is the second, bound in green. Use this to find decisions of California courts on a particular point.

California Reports (Cal.)

This is the official reporter for decisions of the California Supreme Court. Recent decisions appear on “advance sheets,” which are paper-bound books with the same pagination and numbering as the permanent volume will eventually have. The current series is Cal. 4th.

Cite per: R10, p. 79 et seq.; Table T.1, p. 200.

California Appellate Reports (Cal. App.)

This is the official reporter for decisions of the California Courts of Appeal. Advance sheets for this reporter appear in the same volumes as those of the California Reports. Current series is Cal. App. 4th.

Cite per: R10, p. 79 et seq.; Table T.1, p. 200.

West’s California Reporter (Cal. Rptr.)

This is the unofficial reporter for all California courts, including West’s headnotes for the cases. Be sure you don’t confuse this with California Reports. Also, note the text near the bottom of the spine, which tells you which volume or volumes of the official reporter correspond to this one. Current series is Cal. Rptr. 3d.

Cite per: R10, p. 79 et seq.; Table T.1, p. 200.

California Jurisprudence (Cal Jur)

Witkin

More legal encyclopedias, these focusing on California law. Cal Jur collects everything in one series of books, but Witkin has several, including Summary of California Law, California Criminal Law, and California Procedure. Use these like AmJur or CJS if you’re looking for California law.

Cite per: R15, p. 129.

Shepard’s Citations

Shepard’s lets you see what treatment your authorities have received since they were released. There are versions for federal and state decisions, ALR, statutes, model codes, and other sources. Tutorials on Shepardizing are available here and here (PDF).

United States Code Annotated (U.S.C.A.)

United States Code Service (U.S.C.S.)

These are annotated versions of federal statutes and the Constitution, with West (USCA) or Lexis (USCS) headnotes from decisions relying on or interpreting the law. Start here if you want to investigate a federal statute or constitutional provision.

Cite per: R12.3, p. 104.

West’s Federal Practice Digest

Another series of digests, this time for federal decisions. The fourth is the current series. Start here if you want to know what federal courts have decided on a given point of law.

United States Reports (U.S.)
Supreme Court Reporter (S.Ct.)
Lawyer’s Edition (L.Ed.)

These reporters collect the opinions of the Supreme Court. U.S. is the official reporter, S.Ct. is West’s, L.Ed. is Lexis’s.

Cite per: R10, p. 79 et seq.; Table T.1, p. 193.

Federal Reporter (F.)

The Federal Reporter collects the opinions of the federal Courts of Appeals (the circuit courts). The current series is F.3d.

Cite per: R10, p. 79 et seq.; Table T.1, p. 193.

Federal Supplement (F. Supp.)

The Federal Supplement collects the opinions of the Federal trial courts (the district courts). The current series is F. Supp. 2d. Be careful not to get this and the Federal Reporter mixed up.

Cite per: R10, p. 79 et seq.; Table T.1, p. 195.

Federal Rules Decisions (F.R.D.)

Another series of district court reports, these focusing on cases interpreting the federal rules of procedure and evidence.

Cite per: R10, p. 79 et seq.; Table T.1, p. 195.

General Digest

Decennial Digest

These are the broadest digests in the West system, containing headnotes for all reported federal and state cases, nationwide. The General Digest contains headnotes from cases reported after the last Decennial Digest was released. The Decennial Digest used to be released every ten years, as its name suggests. However, it was starting to get unwieldy, and so West started publishing it in two parts, five years apart. There’s also the Century Digest, which has headnotes for cases reported before the Decennial Digests began. West has a chart explaining the structure of the digest system here (PDF).

Words and Phrases

Something of a cross between a law dictionary and a digest. Words and Phrases collects headnotes and references for decisions that interpret words and phrases in a legal context. A good place to start if you want to know exactly what a piece of language means.

4 comments March 13th, 2007