One question I often get from new students entering law school is how I prepare for class and keep up with the readings involved. I’ll gladly share my process, but it’s important to note that what may work for me may not work for you, or anybody for that matter. But I do stand by my method and find it very helpful.
I use a three pass system with the first pass being what I term ‘pre-reading’.
First Pass
When I know what classes I’ll be taking the following semester, I speak with the professors and find what books will be used and I buy them used, typically on Ebay, Amazon or other used book service websites–and I start reading them cover to cover. The newest edition may not have been printed yet but there is good substantial hood that majority of the content will be the same. A few newer cases maybe be missing, but 97% of the words will be unchanged.
For example, during this summer break I am reading the casebooks for three classes I will have this coming fall. No, its not enjoyable, but in the end I need to read them anyway so that’s what I’m doing. You don’t necessarily need to read each in order, in fact, I tend to read a chapter of each before moving on.
You also don’t have to fully ingest every word and concept during this first pass, just enough to comprehend the big picture of the chapter.
Second Pass
The second and third pass readings I do not perform until class actually begins, though nothing stops you from doing them earlier, and are essentially the briefing of the cases. I like to stay two weeks ahead of the class syllabus which gives me breathing room if I have a bad week or if a professor decides to move faster than anticipated. It also gives you a chance to purchase a new edition of the book if one is released.
I use the techni-color method of briefing my cases with a four color set–green, orange, yellow, and pink. Each represents a core section of a court opinion:
Green are facts
Orange is the holding
Yellow is the rule and reasoning
Pink is the holding
Naturally, you can use any color choice you like as long as you stick with them consistently. I find that once I got used to the color patterns I could quickly and easily brand what was a holding vs a fact by just the color of the paragraph.
I will then go through the cases in order and highlight the various portions with these colors. Its during this second pass that I will make sure I understand the details of each case and if its not completely clear to me I will review the pre/post comments in the text. Most of the cases will come back to mind from my pre-reading pass and will not be a completely fresh take.
Third Pass
The third and final pass is where I do the actual brief. I do my briefs electronically using MS-OneNote, and will fill out each brief in a format that covers items such as case name, year, court location, how the case got to where it is–as well as the four core areas I’ve highlighted above. To make things easier, I have created OneNote templates that will automatically highlight the core areas the appropriate colors. I will detail my use of OneNote and include such templates in a future post on here.
As to the actual process of the third pass–really I’m focusing on using the information I highlighted in the second pass and summarizing them in my own words. By using your own wording, your brain is re-processing what you’ve read into terms and phrases you are familiar with.
Conclusion
In the end, by reading the material three times in three different ways we absorbed the material quickly the first time, read the important details the second time, and then summarized the important portions the third time. I find three passes brand the cases into my head. Just prior to class I may quickly skim over the brief I have created to freshen my mind, and the color coding will allow me to easily have facts/issue/rule/holding fall into place.
I hope that if you choose to use such a system that it will work for you. It may not, but please feel free to email me if you have any questions.
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{ 5 comments… read them below or add one }
Preparing for class doesn’t have to be elaborate: do the reading, understand what you can, and be prepared to know what you don’t know. Unless class participation is a substantial component of your final grade–and it won’t be–you’re better off relaxing. If you understood that reading on the first pass–good for you. If not, don’t panic. The humiliation you suffer when Professor Crotchetypants cold-calls you is transitory, and your exam isn’t till the end of the semester. If you don’t know it, take your lumps, sit down, shut up, and learn it for the final. If your classmates think you’re a dumbass for fumbling through your recitation, fuck ‘em. They’re not grading your final.
I have found that the longer I stay in law school, the less I highlight. I was a fiend with the highlighter first semseter 1L; a judicious user by second semester. By 2L, I hardly highlighted anything at all. Technicolor highlighting is confusing. Plus, the whole process slows my reading down to the point that I can never get any work done. I spend more time fishing about for a goddamned highlighter in the appropriate color than actually understanding the substantive law. We’re in law school, for the love of God, not primary school.
I don’t even bother writing out briefs for most cases, but generally attempt to commit a three- or four-sentence summary to memory, in case I’m under pressure and have to vomit a holding out.
Generally speaking, reported opinions of American appellate courts published after ca. 1900 are extremely easy to read. They all look alike and are similarly structured, and no wonder: by that time, Langdell’s (in)famous “case method” had become the dominant mode of instruction for both bench and bar. Fortunately for modern law students, the style of writing hasn’t changed substantially, so the clever can easily mine these opinions for their relevant bits.
Older cases (and even more recent British cases) merit careful reading, especially from courts whose judges give seriatim opinions. You won’t see too many of these, though.
Last thought: class is the rehearsal; the exam is the performance. Better to forget your lines at rehearsal than to fuck up on opening night. Stay calm and remember: this too shall pass.
@ouij, Like I had said, its not for everyone. One reason I believe this works best for me is that I got part-time at nights while working 60+ hours during the day. I do my first past before classes even start and then handle my briefings on the weekend. Having kids and a job makes it a lot of work.
Call me a gunner, I also like having the answer prepared when called upon.
@Adam Vella, don’t get me wrong, I like having my answers ready, but if I get called on and get my ass handed to me, well, that’s just part of the game. I think a lot of 1Ls are too intimidated by class to get the maximum benefit. It’s tough to follow a discussion if you’re paralyzed by nerves.
I also read things more than once; but I tend to re-read cases quickly AFTER class. It’s a good check to see if I picked up on the right thing. Granted, I have plenty of time to do this, since I’ve got a one-hour commute each way on the [DC] Metro.
Josh, why did you put case holdings in two colors?
0Ls, Josh is absolutely the only human that (1) read his casebooks over the summer, and (2) read his casebooks more than once. Then again, he got way better grades then me. In sum, don’t go to law school.
@Chad,
scratch that. This article is by Adam, not Josh. Adam is the only human I have ever heard of that prepared so whole heartedly. I assume he got much better grades than me. In closing, 0Ls — you can still get out of it
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