Taking the Initiative

Taking the Initiative
By Jennifer Hicks
Oct. 2010

Tough decisions are ahead, and the best person to manage them is you. It’s easy to suggest that professors ultimately affect a law student’s success, but that’s incorrect. The individual’s motivation is what really counts. I’m finally able to admit that.

When I started here on the part-time plan two years ago, I envisioned sitting down with my advisor halfway through school and discussing a plan that would enable me to move seamlessly into a general practice. In this fantasy of mine, the advisor would discuss my thoughts about what fields of law I’d do well in, suggest a concentration of courses, and guide me on the steps to applying for positions after passing the bar. Soon enough, I learned that was an erroneous way of thinking. It really belonged back and undergraduate school.

The reality of the situation is that you have to take charge, develop your own plans, and then get help managing them. This goes with selecting the jurisdiction you want to practice in, which bar exam to take, whether to do an internship and what specialized courses to focus on for that dream job.

Such plans make for a really tall order, especially for someone grasping the basic theories in the required core classes. Think about it, as a 1L, you’re learning the mirror image rule in contracts, while struggling to find adequate authorities for an inter-office memo in a writing class. And then you have torts: never reveal the banana peel your client slipped on was yellow - you need a brown one to prove the establishment you’re suing never swept the floor. Granted, the classes are thoroughly amusing and fun. But SallieMae is out there waiting. As a matter of fact, the Department of Education Loan Services recently began emailing me a monthly newsletter on how to budget, a sure reminder that every dime lent will be accounted for.

The silver lining, however, is that it’s very liberating to be forced to have a focused career plan. You realize the sky’s the limit. But where do you start, and how do you find the time?

For me, the bar exam issue had to be resolved early on. Most of you don’t have worry about this because you’re planning on taking the Mass. Bar exam, but that‘s not your only option. As an out-of-state student, I felt haunted by the decision to take the Mass. or Conn. bar. I live in Conn., but very close to the Mass. border. Many classes at MSL outline the pertinent Mass. laws relative to the subject being taught. While I’m naturally partial to practicing where I live, that conflicts with me having learned the specific laws in a different jurisdiction. For those of you who don’t know, it will soon be clear in your ethics classes that you’re required to be licensed in the jurisdiction you practice in.

I simply decided to take both bar exams because Conn. and Mass. allow the option of a three-day, dual bar exam that allows for the multi-state portion to be transferred from one state’s test to another. The initial dilemma turned out to be a blessing because it created more options for me down the road, like the ability to submit resumes to employers in two states instead of one. Also, it forced me to get the MPRE out of the way and lock in tuition rate for a commercial bar prep course. In addition, it enhances my ability to discuss serious plans with seasoned attorneys with pull in the job market. The message conveyed is that “I plan to pass and go to work.” That sounds much better than saying “I’m not sure where to practice or what bar exam to take.” One portrays a go-getter, the other a floater - hands down, the former has more appeal.

The same concept goes for areas of practice. It’s better to say your interested in criminal law, for example, than “I haven’t decided yet.” When you’re positive, your attitude influences those around you. If you appear enthusiastic about something, you will get the attention you deserve and be taken seriously.

Keep in mind, you still have to be in charge after establishing your decisive and motivated characteristics. An advisor or other professor might rattle off the pros and cons of the field you claim to be interested in, but it should be obvious that entering that field is not their decision to make.

There are two big reasons that make selecting an area of law is a difficult decision make. For one thing, you change as you go. One class, professor or event can drastically influence your views on a particular field. Another thing to remember is that even if you do have your heart set on a particular field, you can’t rely on a job in that field being available. No one person can control the economy, so anyone who gets to choose their field and go into it directly after school either has stellar connections or is just plain lucky.

I appreciate being treated like an adult at school and not having someone hold my hand through the process of becoming an attorney. But this phrase taking the initiative should not be interpreted a suggestion to be aggressively persistent. I mean, if someone doesn’t help you, just relent. They’re hindering you from moving forward. Go to the next person that will help.

The essential point is that law school is no place to be indecisive. I heed this warning that the law career transition will go as smoothly as a train wreck without some well-established, post-graduation plans. For those of you who are really unsure, the best advice I have is to decide on something, anything, and then adjust. At the very least, this type of reasoning helps you create an assertive image, which reaps respect. Also, it may even force you to delve into something you find out you like.

Next month’s column “Media and the Law” will discuss the impact of the press and the development of social media in various legal fields.