Advice from the Nebraska Supreme Court

I will be the first to tell you, spring semester was intense. Especially during the last month prior to finals. However, in the middle of everything - way back in the first week of April -  I was lucky to have one of the coolest experiences of my young law school career. The Nebraska Supreme Court held a session of oral arguments in our Gross Appellate Courtroom at Creighton University School of Law. Granted, as a 1L my attendance was required by our Legal Research & Writing professors, it was something I was certainly glad to have been a part of.

Luckily, the court allowed us to have pen and paper available in the courtroom and I was going to write this whole long post about every case that was argued before I decided...you don't want to hear all that.

But, what I do bring to you...is the advice of the Justices that I gathered from the after argument Q&A session.

The Nebraska Supreme Court

The Court is made up of seven justices. However, due to the death of one justice - and the unexpected resignation of another - the Court only had five sitting justices, a district court judge and judge from the Court of Appeals.

The Court was composed of the following justices during the arguments I saw:

Chief Justice Michael Heavican

Justice Stephanie Stacy

Justice Lindsey Miller-Lerman

Justice William Cassel

Justice Jeffrey Funke

They were joined by district court judge Stefanie Martinez, from the 2nd Judicial District and judge Francie Riedmann from the Court of Appeals, 3rd Judicial District.

Q&A Session

Questions were asked of the justices by the Creighton School of Law, Class of 2020. The questions, and their answers - to the best of my note taking ability - are here below.

Q: Is more weight given to the written briefs that are submitted, or to the oral argument?

A: Justice Miller-Lerman: "Everything.

A: Justice Cassel: "You can't have an oral argument bring new matters that aren't mentioned in the brief."
A: Justice Funke: "Briefs are important as they are always reviews, but oral argument expands on that."
A: Justice Stacy: "We do re-listen to arguments [arguments are recorded] to confirm our approach to the case."

Q: What are the next steps for the Court after oral argument?

A: Justice Cassel: "We talk about the case. The judge who will author the opinion, the author judge, is assigned by the court clerk and the writing imposes a discipline that is integral to the decision process. It requires careful thought."

A: Justice Funke: "I need to see the opinion written. I may or may not be on board."

Q: Does Nebraska exercise de novo review?

A: Justice Funke: "We do for juvenile cases, domestic cases and for abuse of discretion."

A: Justice Cassel: "Everyone on the court uses heading for standards of review and the standard is usually controlling."

Q: Is it a pet peeve when someone does not give a direct answer to a question?

A: Justice Miller-Lerman: "It is never a trivial question and the judge is confused."
A: Justice Cassel: "There was a lawyer yesterday where I asked, 'So the answer is yes?'"

A: Justice Stacy: "Just answer the question!"

Q: Do you have a preference in regards to the presentation?

A: Justice Stacy: "Sometimes lawyers tell too much, thinking we haven't read the brief. But, persuasion starts with high points. A roadmap helps for the queue of questions; what is most persuasive?"

A: Chief Justice Heavican: "It is important when arguing that you know it is your opportunity to discuss what is most important in your case."

Q: How do you prepare for oral arguments? If you had an extra hour in the day, what would you do with it?

A: Justice Miller-Lerman: " Go to bed earlier. Read briefs for strength and give the research to the law clerks."
A: Chief Justice Heavican: "Key cases that are cited will be reviewed."
A: Justice Cassel: "Read as much of the record as is appropriate."

A: Justice Funke: "I read the record, pleadings by attorneys and transcripts. Were the questions and affirmative defenses framed correctly. There are two types of law clerks: career clerks and term clerks. Career clerks stay with a particular judge for a long period of time while term clerks are usually fresh out of law school, they just passed the bar. For Nebraska, term clerks for the Supreme Court clerk for two years"

A: Justice Stacy: "Author judge prepares the bench brief to help the other justices be well informed."

Overall, it was a very interesting perspective to have. I encourage all of our readers to check your local court calendars - Supreme Court or Court of Appeals - and see when they hold oral arguments and check them out if you can! It is definitely an experience in and of itself that is completely different from being in trial courts or even in school competitions.

Hopefully, these answers help you see how the Justices on one state Supreme Court see their job.

Stay classy everyone!

~BlueJayLawGirl

Law School Is Not a Backup Plan

Everywhere you look, and a lot of people that you talk to will try to tell you that law school is suitable to have as a backup plan.  This could not be further from the truth.  Law school takes an extreme amount of dedication and effort--for you to make it, you have to love it.  Do not take someone else's seat unless you are going to take it seriously.

Attending Lectures Are a Must

Some people could glide through undergrad without actually going to class.  This will not fly in law school.  The American Bar Association actually requests that law professors take attendance in their lectures because there has to be a record of "regular and punctual attendance".  If you do not fulfill this requirement, then the ABA can restrict you from sitting for the Bar Exam.

There would be nothing more frustrating than to put a ton of work into your education and not be able to receive your certification.  Law school tuition is not a laughable matter, either.  Students who decide to sleep in or skip are taking quite the expensive break--if you thought undergrad hours were expensive, multiply that three-fold.

Career Numbers Are Important

Every law school reports their numbers on the percentage of their graduates that are gainfully employed in a law-related career.  These statistics are used to rank the schools, as well as an advertising point for future students.  Career services offices do not take kindly to lazy students.  If any of the administrators at the institution do not believe that you are taking your legal education seriously, they can choose to expel you at their discretion.

This does not mean that you are "stuck" being a lawyer if that is not what you desire for your future.  The administration is willing to help you find a career in the place that will make you happy.  People can only help people that are willing to help themselves.

Law School and Stress are "Going Steady"

Law school has a notorious reputation for being very difficult.  This is not an untrue or invalid reputation.  You need to keep your thoughts in order to create outlines, you need to reach out to professors as soon as you are having difficulty, and you have to be disciplined enough to stay on top of your reading.  In the majority of law classes, grades are determined by one thing--a final exam.

One final determines your grade.  This means that the culmination of knowledge for an entire semester must be prepared and ready to go when the exam is handed to you.  Time-efficiency is key, so wasted time is detrimental.  Law schools do offer assistance in teaching coping mechanisms, but you still need to reach out for this help.

Lack of Motivation Means Lack of Degree Value

If a legal education does not mean much to you as a person, then you weigh down on the value of your degree.  Law school teaches you how to read, write, and argue in a way that you have never done before.  These skills are important in the legal profession, but if you roll your eyes at this, then you are doing your classmates a disservice.  As they are putting their pedals to the metal, you with the backup plan just take the easy way out.   This does not provide a strong learning environment

With people weakening the learning environment, the professors have difficulty finding participants in the class, on law review, and other programs in the school.  This does not reflect well when employers are looking at applicants from your institution.  The program suffers, the ranking suffers, and your degree suffers.

Law School is a Three Year Marriage

While you are in law school, it is your life.  It requires 100% of your attention.  You have to fulfill all of its requests and demands.  You have to put things aside in order to perform well.  If you do not take promises lightly, then you should not take your seat in a law school class lightly.  You have to be dedicated and faithful to school while you are there.  And you have to do that for a full three years.

xoxo,

Looking Toward Law School--The Soft Side

When you are applying to law school, you have to show that there are more dimensions to you as a person than the numbers that appear on your short sheet to the law school.  That is something that people easily forget when it comes to having a well-rounded application.

Your Resume

One of the easiest first steps is to clean up your resume.  It should include all of the positions that you held in undergrad and the organizations in which you were involved.  The emphasis should be placed on the initiatives that you started yourself.  If you were a member of the student government, then you should make sure to point out any projects that you started yourself.  This reveals that you can take charge, and you are able to be a strong leader.  Keep your resume as updated as possible.

Organization

A lot of the "oomph" of your resume can be lost if you have a poor organization.  The first thing to focus on is putting your accomplishments into categories.  A lot of schools have a typical format that they expect their students to use.  I recommend starting with this first--it is what law schools and employers expect from a student coming from your undergraduate program.  Usually, resumes are one page long.

The one universal element that holds true for every format, is that every point listed on your resume should be placed in order of importance.  One way to gauge this is a simple one--from the accomplishment you are most proud of to the least.  It is always a good idea to use your campus career services, older sibling, or parent as a second set of eyes on drafting your resume.

Resumes should always have a header.  The header should contain your full name, email address, phone number, and a mailing address.  This allows the admissions counselors to easily file your information in case they need to contact you.  (In the worst case scenario, if you are placed on the waitlist, they can quickly and easily get in touch with you.)

Font

The best kinds of fonts to use for your resume are serif ones, like Times New Roman, Constantia, or Cambria.  If the serif font doesn't allow you to fit your entire resume on one page, then there are a few sans serif fonts that are still acceptable.  Calibri is one that is safer--it is actually smaller than the serif options, along with Segoe MDL2 Assets.  Remember, using bold is very important when making headers for your sections.

Personal Statement

Personal statements are where a lot of people's voices fall flat.  They have an exciting personality shown through their resume, then their personal statement leaves something to be desired.  The personal statement may seem daunting because it is such an open-ended paper, but it is truly an opportunity for you to show the law school what you can add to their next class.  If you have a funny story about starting weekly programs in your dorm, that is the one you should tell.  If you ended up dancing on stage with a celebrity, that is the story you should tell.  All you need is the ability to tie this back to your talents and qualities.

The best way to find a topic that is enticing and exciting for the admissions counselor to read is to find something that is NOT listed on your resume.  You do not want the two documents to mirror each other.  The resume and the personal statement give you the opportunity to express yourself in two different ways.  Show them that you are the mulifaceted person that they are looking for.

Good luck and much love,

Looking Toward Law School--The Hard Numbers

Looking at Your GPA

Now, this is where every single person initially starts their freak out.  Not very many people receive the perfect grade point average that they are used to in law school.  Either you had the typical "first semester adjustment period, or you chose a difficult major that led to a few speed bumps.  All of this is okay--you are not just your GPA.

I myself had a pretty middle of the road GPA following undergrad.  I majored in accounting with a minor in international studies.  Accounting at my school was known to be quite the competitive choice.  I had some difficulty in some of the more advanced classes, and I had to balance that with writing weekly papers for my International Studies classes.  Luckily for me, I was able to take most of my minor's classes during study abroad programs, and it is true what they say--studying abroad is a more relaxed environment in regards to grades.

If you do want to do a study abroad program, but you are worried about finances, I suggest going to speak to people in your study abroad office.  There are often scholarships available to students who have a strong interest in participating in their programs.  (Schools often want the study abroad statistics when they are advertising to students.)

But most of all, do NOT let your GPA drag you down.  If you are one of the lucky ones with an extremely strong GPA, congratulations.  Either way, the next step is to look at the LSAT.

Tackling the LSAT

The LSAT is a necessary evil for everyone that wants to get their JD.  Some people need to do it on their own, others need a multitude of help.  If you have trouble with testing, the LSAT actually offers quite a few options for testing accommodations if you fill out the necessary paperwork.  A lot of it needs to be notarized, so my suggestion is to look into these with significant time before you intend to take the test.

Prep Courses

I know that is hard to admit that you need help, especially if you are a Type A personality like most of us law students, but sometimes it can make a large difference.  There are quite a few LSAT prep courses that you can enroll in.  They vary quite a bit, in both structure and offerings, so what I did was "screen" the programs to one that fit my learning style.  The companies may interview you, but there is nothing wrong with practicing your legal skills early and interviewing them and finding what you need.

If the price tag is an issue, you can definitely negotiate packages with the different companies.  Sometimes, if you get lucky, some tutors will even work with you "off the books" for a reduced price.  Also, some tutoring services offer competitive pricing if you tell them about the prices of other packages.

The Test Itself

The only way to truly be prepared for something so systematic is practice, practice, practice.  I know it sounds cliche, but logic games do not come naturally to anyone.  They are meant to trick you.  But, the best part is that you can trick them right back with having some techniques up your sleeve.

A must is to complete some practice exams under "true testing conditions" with a time limit and all of the sections.  If you run out of time on some parts, you should still complete the questions, but mark where you stopped with a line, so you know if you need to train to pick up speed.  The LSAT is a marathon, not a sprint.

Much luck and much love,