Law Students

Course Selection: Is the Bar Exam a Factor?

By Scott Felsenthal et al.

Its almost that time again! What time you might ask? Time to plan your schedule for the Fall Semester! That is, unless you're graduating this semester, in which case this article will be of little use to you, though your opinion is greatly valued.

There is a philosophical divide among modern law students when it comes to selecting courses. Should you select courses that (a) prepare you for practice in a particular field or (b) prepare you for a comprehensive state Bar Exam.

The debate rages in the marble and mahogany hallways of law schools throughout the country. On one hand schools often offer a program that is designed to produce sports agents, trial lawyers or corporate executives. These programs are great for young legal minds who know exactly what they want to do with their J.D. after school. They provide the nuanced legal background necessary for a highly specialized law practice, while of course fulfilling the ABA requirements as it relates to "Black Letter" law.

The flip-side of the coin is that you often have law students who graduate with extensive knowledge of the Federal Rules of Evidence, Criminal Law or Mergers & Acquisitions, but not the type of broad knowledge needed to excel on the Bar Exam, especially if a great deal of the exam is based on state law.

So, what is the "right way" to plan your legal education? I admit that my degree has been highly focused on preparation to litigate. I have taken courses such as Interviewing & Counseling, Negotiations & Dispute Resolutions, Evidence, Trial Practice and Mediation Clinic. As a result, I feel that I'm prepared for my role as an advocate for my clients. What I am not prepared for is the Comprehensive Tennessee Bar Exam. Conspicuously absent from my transcript are such fundamentals as Business Associations, Mergers & Acquisitions or Tax Law. The result? This summer, and the BAR/BRI process will be a daunting and critical process. I'd be hard pressed to define exactly what it means to be a "fiduciary" or what duties accompany such a title.

Those of you who are just setting out on your law school adventure, keep these things in mind. If someone had really discussed the realities of my course scheduling with me my first year, I'd have thought twice before excitedly joining the advocacy concentration.

On the other hand, once I clear the Bar Exam hurdle, I should be fully prepared to undertake my responsibilities as a litigator. Very little of my success after the Bar will be dictated upon my understanding of the law of gratuitous transfers, and when such things arise I will be surrounded by books and co-workers who can provide the specific guidance I need. What knowledge I do need to pass the Bar Exam is supposedly not so vast in its scope as to be unobtainable in a 10-week review course. If that is the case, am I not ultimately better for my decision?

This leads me to my question to the readers (and fellow contributors):

What direction have you chosen? What do you believe will benefit you the most? What advice do you have that may help others make their decisions...well...informed?

Full post as published by The Legal Scoop on February 26, 2008 (boomark / email).