Law Students

General Thoughts on the Socratic Method, and In Class Debates.

By Steve Pirates

I was having a conversation with my friend Brian about how to participate in class without being a jerk. We came to the following conclusions.

#1 In the “policy debate” form of the Socratic method, take a position. Don’t always say ,”It depends.” Law school professors hear “Depends” invoked so frequently they must think they’re at an AARP meeting after an e. coli outbreak.
For instance, if the professor asks you, “So, you’d say that the Court should find “public function” any time there is a regulated industry?” Just say yes or no, and give a reason. “Yes, because it protects the public interest”, “No, because it stifles private enterprise.” Doesn’t matter really. The professor isn’t even asking you a question, they are trying to give themselves a spring board to explain the policy issues to the class without just resorting to lecture. Hedging just makes it harder. So go ahead and give that fatally flawed answer. You’ll learn more.

#2 Hypothetical questions of “degree” are permissible in class. Hypothetical questions of “kind” are office hour material.
For instance, you’re discussing “gotcha service of process.” The question, “So, if you’re at the Four Corners, or straddling a Border, can you be tagged by all those states?” is fine. #1 the Bulge Rule probably answers it very easily, #2 you’re just testing the degree of the rule, that probably helps the whole class, and is a quick answer, so no problemo for class action. But, the question, “So, if you’re on a space station in geo-synchronous orbit over Massachusetts, are you subject to gotcha service for Massachusetts?” That’s some office hour (and law review) mumbo jumbo right there. Don’t bring that jive into class.

#3 Don’t contradict the professor. 99.999% of the time you will be wrong. You’re a law student, they’re a professor. They probably know more than you. If by some miracle you ARE right, then guess what? Law review article time, not class time. Your class mates probably don’t care about some esoteric theory you have, or some policy preference you have, or some understanding of an 1832 Supreme Court of Massachusetts opinion.

#4 No one really cares about your personal experiences and opinions on a case or area of law, unless you’re a true expert. If you are a real estate agent, no one really cares what you think about adverse possession as a real estate agent. BUT, if you’re talking about real estate sales contracts, then sure, your opinion counts. Basically, if you preface any statement with, “As a (blank)…” or “In my experience…”, no one will care. #1 someone in class has had a diametrically opposed experience or opinion. #2 opinions are like belly buttons, everyone has one and no one really cares.

#5 For that matter, most unsolicited statements”should be avoided during class time.

#6 If someone else in class does float an opinion or experience that is diametrically opposed to yours, let it slide. You’re in Torts, not Debate.

#7 Now, if you’re actually IN a debate, remember the following sub-rules
a. Don’t get rattled. Law students are like sharks, they smell blood.
b. Stay on message. Framing the issue is half the battle. If you go first, try and come up with a great way to frame the issue positively to your position. If you go second, try to undermine that frame and replace it with a new one. (i.e. “This is not a case about free speech, this is a case about a principals duty to protect children.”
c. But, change if you’re prompted to by a judge or moderator. If the person who will rule on the outcome says they buy into the other parties “frame” more than yours, then don’t keep ramming your head into a stone wall.
d. Have back up theories. Sure, your first theory might be a winner, but if the judge doesn’t like it and that’s all you have, well then, you’re toast.
e. Be respectful. We’re all in class, we’re all in this together, so be respectful of your fellow student. No one is going to the chair if you lose. Focus more on refining your technique than winning at all costs.
f. Be gracious. If you win, don’t spike the ball. If you lose, don’t complain.
g. Be understanding. If the other side goes all ad hominem up in here, let it slide, they’re probably just really riled up with their winning argument and have temporarily lost sight of their manners. Don’t hold it against them.

That’s about all I can think of for right now. Anyone else have any class etiquette tips for incoming or current students?

Full post as published by Jolly Lawger on June 11, 2008 (boomark / email).