You don’t have to be great to start, but you have to start to be great. Zig Ziglar

You don’t have to be great to start, but you have to start to be great. Zig Ziglar

Monday, March 21, 2011

Getting Ready for Final Examinations: The First and Second Year.

I will spend the remainder of March discussing the bar exam. However, I have no intention of leaving the first- and second-year students alone during this month (or April, either). So, let me discuss some final examination concerns with you.

Many of the first-year students are enrolled in the second half of Civil Procedure, the second half of Contracts (Sales), Torts II (strict liability), Property II, and Legal Research and Writing. Some of the first year students are enrolled at a school where Constitutional Law is taught during the second semester of the first-year. Criminal procedure is not a required course in the second semester of the first year (at most schools), but it is taught in the second semester of the first year.

Second-year students (rising to 3L status) will be enrolled in Constitutional Law II, or Evidence, as both are, generally, "required to graduate," courses. Some of you may have elected to enroll in Taxation, Wills, Estates & Trusts, or Commercial Paper, or Secured Transactions as electives. I'm certain that the bulk of you are enrolled in at least one seminar course, where a paper, covering a particular topic is a requirement.

1. Prepare For Finals (Again): If you want the best chance of doing well on Civil Procedure, Constitutional Law I, or Evidence, then please copy (or, print out) all of your professors' old exams. If your professor does not have old examinations, print out another professor's exam. Keep printing out examinations until you have at least ten (10). Ten is not a magic number, but it is a good start, as you don't need all of the exams in the state, but you do want to have a good, representation of the document - - the samples that could make up your final examination.

2. Print out All of the Exams. All of them. Place each examination in a three-ring binder and if you have access to, or can afford tabs, separate each test by subject (and number). Now, suppose your professor is new to teaching and does not have any 'old' exams. Just use another professor's examinations to create an outline. Now, your professor may scoff at you and say, "do not use another professor's exams; only mine." That is a reasonable warning because no two exams are alike. The professor's warning does not provide you for an alternative to issue spotting, but your method assists you!! It is very important that you "house" enough exams, because you want to be able to spot certain issues, and the only way you can accurately spot those issues is to have a set of different facts identifying that issue over and over again.

3 Take one of your photocopied examinations (subject) to the corresponding course for the remainder of the semester. Each time the professor for that course discusses a specific issue (sub-issue) in class, look for that issue on the exam, after each class. If you find that issue on the exam, draw a line out to the margin and write out the full name/description of the issue. At the end of two weeks, pull out a second examination, and look on that examination for the same issues/sub-issues that you found on the first examination. Every two weeks, add another exam and compare facts, etc., for issue spotting. Hopefully, many of the issues will be exactly the same; the difference will be the set of facts that are used to make up the fact pattern.

4. Use this method to help you issue spot on your first five or six exams. Keep in mind that you are not answering the exam question. You are looking for keys to the structure of the exam and you are issue-spotting.

Okay, Next Stop: The Party for the Bar Exam.

Prof. Smith

Thursday, March 17, 2011

The July 2011 Bar Examination - An Invitation To Become a Lawyer. Suggestions to Consider for mid-March until mid-May.

Hello May 2011 Graduates. I want to discuss a few things that you can do now, in March, to prepare for May and the beginning of bar preparation. A friend, who had entered law school several years before me, told me that, as a student, there is "always a fire to put out." He said it in a matter-of-fact kind of way, but I knew what he meant. His statement also implied that the law student must use time efficiently, because there are more projects to do than there is time in the day. So, how efficient can you be with your time now, so that you do not eat up precious bar preparation time, later?

The following suggestions may seem mundane to you. Some of the suggestions may not actually apply to you. However, try to reflect on the things you have to do in your own life, that will help to ease you into bar preparation.

1. Cars: get the oil changed, the brakes and rotors checked; replaced cracked or missing windows, or anything that you know your car will need over the next eight (8) weeks. Do not place yourself in a position where you are unnecessarily answering multiple choice questions, while waiting at a garage for your car. If you need tires and you have money for them, change the tires. If you need tires and you do not have money for new ones, determine which relative you will ask to help you solve this problem. If you need four (4) tires, ask four (4) different relatives for some assistance.

2. Health: get to the doctor; get a "check-up." If you have something going on, get it looked at; now. Do not place yourself in the untenantable position of, again, circling multiple choice questions while you wait for hours in a doctor's office for something you could have taken care of before graduation. Take care of it now.

3. Dentist: Ditto for the dentist. I know. Going to the dentist is like taking a car in for a tune-up. The intent was to spend $300.00, but somehow $1,200.00 is falling out of your pocket into the dentist's hands. It is still good to know what you have to do and when you have to do it as it relates to dental work. NO ONE wants a toothache and bar preparation at the same time. You want to know if you will need more than a cleanings. You would rather know in order to plan accordingly.

4. Moving: I'm awestruck at the number of people that decide to move in May and take three weeks to get the job done. Excuse me. You don't have three weeks to pack and unpack, and unpack some more - - and go to bar prep. Especially, not in May. If you must move, grab a box on your way home (until you have a sufficient number) and a couple of times a week, pack something. Or, throw away something. You will hit yourself on the head once you realize that you blew your bar examination because you were not packed, or did not have a plan (P-L-A-N) to move. Keep in mind the word, efficiency. What can you do now to make May much, much easier? Do you have to move right now? Can you study in place "a," take the bar examination in place "b," then return to place "a" and move to the place where you plan to work, live, or do business?

5. Accounts: bank accounts, gym memberships, netflix, peapod (grocery store delivery), etc. You need to know the penalties, if any, related to any changes, cancellations, and/or how to pay for something when service is interrupted.

6. Facebook/Social Networks: It may be wise to establish a social network for your profession as a lawyer. This is not a suggestion to advertise yourself (purporting to be a lawyer = unethical). This is about creating a page that reflects your new stage in life. Do it before you graduate - a good photo, with proper attorney-related clothing, will go a long way. You do not know who is looking for, or, at you (right now). Just something to think about.

7. Professors/Staff, etc. Please be certain that you write a note, or leave a business card for the people that have helped you through this process. I am not talking about family and friends (yet). Contact that first-year professor that made the connection for you, say on the "rule against perpetuities," or the professor that explained the difference between implead and interplead. Contact the security guard who let you stay in the library an extra 30 minutes, and give that person a thank you note. Contact the person in the cafeteria who let you eat free during the first week of school because your "loan money" had not come in yet. I want you to thank the environmental service person who handed you tissue when she found you crying your eyes out in the restroom. If you were ever sick, you owe that person two notes.

8. Administrative Staff: the paper pushers in law schools (anywhere, really) are often forgotten, except when someone wants something. Of course, someone wants something, all of the time. A thank you note will go a long way. It is just not that difficult to give someone a thank you note. The key is to buy the notes now, and write your thoughts out, and give it to the people that matter to you after finals.

9. Reading Glasses: you may need reading glasses this summer. You will be doing a lot of it. This is a "just in case," moment.

10. Law School Services: Whatever the law school offers you as a student, learn whether that service is available for you during the summer, while you are studying for the bar exam. If the law school has a gymnasium, and it is included in your school's fees, then you need to know whether the gym is available to you during the summer. Or, is your access to the gym cut off when you hear the words, "introducing the class of 2011." How does the library work for you? Full access? Yes/No? Does your school have a "former student, taking the bar exam in July," discount at the cafeteria?

Learn about these things so that you can ADJUST accordingly. This is the word that I want you to stick in your back pocket until the end of July 2011. Adjust. You will have to learn how to adjust, and how to do so quickly. Everything you do in preparation for the bar will depend on how you act, react, and adjust.

When I return, I will write to the first- and second- year students regarding mid-March and preparing for final exams. I will follow that post with a 3L, "What to bring to the party, post."

Thank you,

Prof. Smith

Tuesday, March 15, 2011

The July 2011 Bar Examination - An Invitation To Become a Lawyer.

In eight to ten weeks, all third- and fourth- year law students will graduate from one of several hundred law schools in the United States of America. There will be a lot of fun, festive events, family gatherings, and excitement during this time period because the graduates have completed their journey as law students. All of them have endured at least three, and in some cases, four years of non-stop, year-long learning about our legal system.

Everyone - - mom and dad, sister and brother, aunt and uncle, cousin and friend will have the chance to meet deans, professors, and staff. Your family will meet all of your 3L and 4L buddies, too. Many of the people that matter most to you will be in the SAME PLACE at the SAME TIME and the stories you have shared with each group will now have faces to match.

This day means so much to you. You can barely contain yourself. There are flowers, gifts, congratulatory remarks; awards are bestowed upon you. Everyone is in their best attire, looking glamorous with their new suits and dresses, and the sun usually shines for graduation, no matter where we are that day. There is food, drink, laughter, and a bunch of children running around playing. It is so overwhelming. It couldn't be better.

Or, could it be ... ?

There is only one other event more breathtaking, more exciting, and more overwhelming than graduation.

Is it the bar examination, itself? No. The bar exam may take your breath away, it may cause a little extra excitement, and for some, it may be overwhelming.

Is it finishing the bar examination and going on vacation with friends and family afterwards? Oh, that will be a lot of fun, too. It will likely be breathtaking, and certainly exciting. But, nope. That's not it, either.

Well, it must be the letter you get in the mail with the results indicating that you were successful on the bar exam. Sorry, that is a close second, but that is not the one event that is as breathtaking, exciting and overwhelming as the day of your graduation and day-long celebration.

The one event that is as breathtaking, as exciting and as overwhelming as graduation, is the party.

That's right.

The Party.

What Party?

The Party You Decide to Attend After You Have Received The Results In The Mail, or On-Line, Indicating to You and the World That You Passed The Exam That Qualifies You To Be a Licensed Attorney In the Jurisdiction Where You Sat for The Exam.

THAT PARTY!

Yep.

That's the one.

Three-L's. Four-L's. I want you to think about the party tonight.

I know. I know that you have a bunch of exams staring you in the face over the next couple of months. I know that you have a lot of requirements to meet and a final screening for graduation coming up.

I know that you can't think of a topic for the paper that is due in six weeks. I even know that some of you haven't started the research on the paper, yet.

I know some of you are coming up on the deadline for the bar application, and you are still trying to get that traffic violation removed from your record so that you will not have to include it on the state's bar form. I know that a few of you may even have a credit issue that you have ignored and will have to deal with as part of some jurisdiction's character and fitness review.

I know.

Tonight, however, I want you to think just a little bit about the party. Think about it while you work on that bar application. Think about while you conduct the Lexis or Westlaw search for that final paper. Think about it as you begin one outline for exams and finish up another.

Think about how much fun it will be to receive an invitation to become a lawyer. Let that future moment get you through some of the work you have to do over the next couple of months.

Why don't you do that tonight while you work.

And, I'll start helping you get to the party, beginning with my next post.

Party Hard.

Prof. Smith

Sunday, March 13, 2011

Resume Writing - Words That Describe You and What You Do.

Hello Everyone: This is the last post on resume writing. As mentioned in the previous post, I want to focus on words and phrases that will help you describe who are you to the reader, what you have done in the past, and what you are doing in a current position. I will share this list with you; before I do, I want you to consider a few things before using any word from this list.

1. Please use words that apply to you or your work product. Just because a word sounds and looks good on your resume doesn't mean that this word actually describes you or the work you have done in the past. Make certain there is a connection between the word and you, or the work that you have done.

2. Please do not overuse a word or a series of words. Try, if at all possible, to keep your writing simple, but keep from saying the same thing over and over again. Is there another way in which you can describe a situation without being unnecessarily redundant? If so, then include another description for the reader.

3. Please use descriptive words, but not three or four in a row within the same sentence. For example: Edited, produced, directed, and starred in a one act play - - "The Lawyer." It is great to know that you were responsible for all of the work in the play. You should receive the credit for each of the roles you played in the production of the play. However, I would suggest that you work in only two of the "-eds" at a time. Edited and produced, maybe in one sentence, then, directed and starred in another sentence. Why? Readers want to know what you did to bring this production to life, still, they also want you to elaborate a little on the editing and producing, first, then, maybe, in the third sentence, discuss the director role, etc. You do not have to make the description go on forever, but you do want the full impact of your work to be noticed. Unfold the description - - a little at a time.

4. Pay close attention to the words you use to describe yourself. Every word that you use to describe who you are may not necessarily be one of the words that an employer wants to describe an employee in a particular company. There are a few words that most all employers would like to see in a description of their employees. An employer would find it hard to frown at a employee who is loyal, responsible, reliable, and discreet. I would not say that you had to be all four, but I hope that you do possess at least two of the referenced characteristics. If you do not, you will soon enough. As a member of the legal profession, please do not leave your "ethical" hard hat at home. You will need that, as well.

Some words to describe your work product.

1. Administered, approved, analyzed
2. Completed, conceived, controlled, coordinated, created
3. Delegated, developed, directed,
4. Eliminated, established, evaluated, expanded
5. Facilitated
6. Generated
7. Implemented, improved, increased, initiated, interpreted
8. Launched, led, lectured
9. Maintained, managed, mastered, motivated
10. Organized, originated
11. Participated, performed, planned, prepared, proposed
12. Recommended, reduced, reviewed, revised
13. Scheduled, set-up, solved, structured, supervised
14. Taught, trained
15. Worked
16. Removed, reorganized, repeated, responsible

Some words to describe you.

1. Active, adaptable, adept, aggressive, ambitious, analytical
2. Challenging, competent, conscientious, consistent, constructive, contributor, creative
3. Dependable, determined, diplomatic, disciplined, discreet, diverse,
dynamic
4. Easily, economical, efficient, energetic, enterprising, enthusiastic, exceptional, experienced, expertise, extensively, extraverted
5. Facilitator, fair, forceful, foresight
6. Honest
7. Imaginative, independent, initiative, innovative, instrumental, insightful
8. Leading, logical, loyal
9. Mature, methodical
10. Objective, optimistic
11. Participated, perceptive, personable, pioneering, pleasant, positive, practical, productive
12. Readily, realistic, reliable, repeatedly, resourceful, responsible, responsive
13. Self-reliant, sensitive, sincere, sophisticated, strongly, systematic
14. Tactful, talented,
15. Unique
16. Versatile, vigorous
17. Will travel, will relocate.

The words used in this post can can be found at:
http://www2.ferrum.edu/career/guide/keywords.html

We have completed our introduction to resume writing. I hope this has been helpful to you. I will take any questions you have or if you have a job description that you want me to review for you, please feel free to send it to me by e-mail or discuss it in a comment.

Our next segment will focus on bar preparation. If you have any questions that you want answered prior to the next post, please know that you do not have to wait. Find a previous post, and make a comment; I'll be ready to take questions for the July 2011 bar exam as soon as you are ready to send them to me.

Until the next post.

Thank you,

Prof. Smith

Thursday, March 10, 2011

Some Descriptions, Some Tips and Some Thoughts To Make Your Resume Pop!

On Monday, I provided descriptions of two (2) positions I had as a law clerk. All law-related positions are not the same, and no one description is perfect for all jobs. However, when it comes to resume writing, in general, there are some things that are very important to you, as the author, and to the reader, who may be a potential employer.

I. Some Additional Tips.

a. Clarity
Read your sentences several times to make sure that each sentence reads smoothly. If a person has to read the sentence more than one time, then the sentence should be re-written.

b. Sentence length
A sentence does not have to be 17-25 words long. It can be longer, or shorter than listed above. Again, read the sentence, first. Check it for clarity. Even if the sentence is clear, ask yourself if the sentence is too long. A sentence may be too long based on the number of words in the sentence (too many words). Or, a sentence may be too long if the writer is trying to convey too many concepts in a single sentence. A good sentence length has as much to do with the number of words used in the sentence as it does with the number of ideas that the writer wants to share with the reader.

c. Word choice:
A friend of mine, Agnes Powell, Esq., once told me that lawyers are "word sensitive" people. That is a true statement. We listen to what other people say, very carefully. We read what others write, just as carefully. Or, at least we should. Ms. Powell also meant that lawyers "watch" where a word is placed in a sentence to determine how the writer meant to use that particular word. Word sensitivity is or should be a tool used by all lawyers. If this is the case (and, it is), then all potential employers who are lawyers are carefully reading your resume and cover letter.

d. Knowledge of words used.
Choose words that accurately reflect what you want to say. Choose words that describe your actions and your work product. Make certain that you know the meaning of the words you use in your resume, and you can actually pronounce the words, without stumbling over the second syllable. Purchase a thesaurus, or look on-line for proper definitions of words that adequately explain who you were (or, are) in a position.

It is not necessary for you to become hooked on the use of five-syllable words. Simple is good. Simple will get the message across without fanfare or confusion. There is no need to use a $10.00 word when a $2.00 word will do just fine. And, remember, someone once said, "there is no such thing as good writing, only good editing." All of us need to keep that in mind.

II. Job Descriptions:
Here are a few more short job descriptions that may be helpful if you seek to describe a position in a single sentence.

a. Intern:
Prepared written responses to 13 civil and criminal motion briefs.

Note:
I keep a notebook of my work-related activities for each position where I am employed. That is why I used a number to indicate how many responses (and, orders) were written. This is a condensed version because I have added more experience in other areas on my resume.

I realized long ago that almost everything you do at one place of employment is a transferable skill at another place of employment. I do not believe any skill I have is unimportant; it just may not be a skill that I include on my resume. It may be something to discuss as a minor incentive at the end of an interview, or an ice-breaker at the beginning of an interview. Who knows.

b. Law Clerk
United States Attorney's Office, Appellate Division. Prepared three reply briefs for criminal matters brought on appeal.

Note:
This is another example of a shortened version of the work done at a particular worksite. I did not go into detail about the work, however the reader knows that I prepared three briefs and that I am familiar with the process that goes into writing an appellate brief on behalf of the government.

c. Law Clerk
The Public Defender Service: legal resarch conducted on assault with intent to rob, double jeopardy, homocide, illegal search & seizure, joinder & severance of defendants, and show-up identifications.

Note: this law clerk position was different than the other two, particularly because of the job descriptions. In the other two positions, I conducted research and wrote the final document. As an employee with PDS, I conducted the research portion of the work, only. I included the type of research conducted to show the depth of my knowledge of particular crimes.

The last post on resume writing will be a post solely of words you may use to help describe you and the work you have done up to this point in your career.

Thank you,

Prof. Smith

Monday, March 7, 2011

Resume Review

The Job Description: Today, I am continuing the series on resume writing. The purpose of today's post is to review some of the job descriptions listed in my resume.

I have included job descriptions of two clerkships. I attempted to do a number of things when I wrote the following job descriptions:

1. Defer To The Employer: Provide the judge's full name, his title at the time of the clerkship, the full name of the court, and the dates of the clerkship. Always pay deference to your employer.

2. Verbs - Past Tense: If you are no longer working for a particular employer, then the work you did there should be written in the past tense.

3. Paragraph, Paragraph, Paragraph. If a position required the employee to wear more than one hat, and it would be just as easy to separate the duties as it would be to keep the duties together, then separate the duties. Make it easier on the reader's eyes, and show the degree of difficulty of the job. In each set of descriptions below, there is a reference to general duties, followed by more specific duties.

4. Talk the Talk, or Take a Walk: a resume which indicates that a person worked in a tax or probate related position should actually use words that describe the type of work that would be found in that particular job. You must be able to write about your work and include it in the resume, and discuss it in person, during the interview. If you cannot write it, or speak about it, you may have to walk somewhere else to find employment. Employers' want a person who can articulate and convey information. The resume and cover letters are both opportunites to showcase your writing.

5. Use Verbs To Describe Your Duties: What you did for a particular employer should appear at or very near the beginning of each sentence in the job description. Use the main text from your first-year writing course and look in the back of the book for "forceful" words. I italicized the forceful words I used in the paragraphs below.

Law Clerk
The Honorable Peter J. Panuthos, Chief, Special Trial Judge
The United States Tax Court, Washington, D.C. (04/05 - 12/05)

General Duties: Prepared reports on matters referred for review and decision to the small tax division of the U.S. Tax Court. Reviewed documents relevant to taxpayer deficiency, incl., taxpayer correspondence, court transcripts of witness testimony, federal tax returns, petitions, deficiency notices, and correspondence from the I.R.S. Reviewed transcripts of collection due process hearings to determine proper filing of federal tax liens and levies.

Taxation: Prepared reports on individual & corporate federal income tax returns incl., claims regarding dependent exemption deduction based on divorce decree & custody arrangement, earned income credit, withdrawals from retirement account for purchase of home & education, & penalties associated with withdrawal, filing of amended returns, personal & corporate loss, examined short & long term capital gain, innocent spouse claims, joint filing status, activities not engaged in for profit, taxpayer protest, late filing, failure to file, and accuracy related penalties.

Law Clerk
The Honorable Jose M. Lopez, Presiding Judge, Probate and Tax Division
The Superior Court of the District of Columbia, Washington, D.C. (09/03 - 09/04)

General Duties: Coordinated administrative calendar of approx. 50 weekly intervention, guardianship, trust, civil & criminal tax, and miscellaneous civil/criminal matters. Processed orders & court correspondence; assisted judicial staff. Drafted continuance orders, orders for motions to seal arrest records, jurisdictional issues regarding application of the Youth Rehabilitation Act, and post sentencing motions under D.C. Code Sec. 23-110. Answered telephone queries of attorneys & interested parties in probate, tax & criminal proceedings. Supervised six interns; conducted legal research & prepared written documents.

Probate & Estate: Conducted legal research & prepared memoranda on substantive probate topics regarding will formation, will contests, undue influence, incapacity, self-dealing, conflict of interest & appointment/removal of counsel and other court-appointed representatives. Researched statute under D.C. Code Secs. 21-2041(a), -2044(b), -2051(a), -2055(b), prepared memoranda; determined that court has the ability to use its inherent powers to continue an evidentiary hearing for the appointment of a guardian or conservator when petition is withdrawn. Drafted order on surety's liability to third party for the misappropriation of funds by a fiduciary who was not personal representative of the estate at time funds were mishandled. Determined surety was not liable, although it knew or should have known of misappropriation at the time fiduciary obtained bond, however, surety not bound outside scope of contract. Wrote memorandum order on allocation of settlement proceeds to beneficiaries in wrongful death & survival action.

Federal & State Taxation: Prepared memoranda on matter of first impression regarding constitutional claims under the First & Fourteenth Amendment (substantive due process & equal protection) to determine whether state tax assessor arbitrarily or intentionally targeted only commercial real estate owners for supplemental assessment tax on land. Prepared memoranda & drafted order on constitutionality of state law supplemental assessment tax under D.C. Code Sec. 47-829(d), determined a violation existed, based on legislative history. Drafted order on novel issue - whether, under D.C. Code Secs. 47-1522(a), -2001, and -2202, the government was required to pay use & personal property tax on personal property that the contractor was hired to purchase on the government's behalf, and subsequently transfer to goverment after seven-year servicing period.


Tommorrow: Some descriptions, some tips, and words to make your resume pop!

Thank you,

Prof. Smith

Saturday, March 5, 2011

Temporary Blog Interruption.

Hello Everyone:

I am writing to inform you that the Academic Support Blog has been temporarily suspended (from February 26th through March 2nd).

I will begin posting again, tomorrow, Sunday, March 6, 2011. I do apologize for the notice and the interruption. I am really interested in completing the Resume series, so that I can turn my attention to early bar preparation for the graduating students.

Thank you for your time and I will send an e-mail to the entire CLEO family tomorrow, after the first (new) post.

Thank you, again,

Prof. Smith