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Theory v. Reality of Law

Terrific post at Popehat about famed Harvard Law Professor Charles Nesson.Legal education is amusing.  Imagine taking someone who has just passed the bar and was fully licensed.  How many of those folks would you hand a trial transcript over to before saying, "OK.  Write an appellate brief."  Would your answer change if your new lawyer had done law review?  I can understand a person graduating without being able to do a trial.  There's a lot to trial lawyering, and even guys and gals 5 years out still aren't very good at it.  How many excellent trial lawyers do you know under 40?  Any?  Even Edward Bennett Williams, a genius in all things intellectual and emotional, needed to reach 35 before he was The Man to See.You'd think people would graduate knowing how to write a brief or motion, though...continue to full post

Full post as published by Crime & Federalism on March 11, 2009 (boomark / email).