Category Archives: Law: Practice

Swearing-In Ceremony

Justice R. Fred Lewis, a very loyal alumnus, swore in students from the class of 2014 this evening — recent graduates who learned only yesterday that the passed the bar. They looked pretty happy about it.

The Justice told the graduates that they were starting a new life, “24/7 you’re going to be a lawyer.” He extolled the value of civility in personal and professional life. He reminded the graduates that they had achieved their law license with the help of many others, friends and family. That license he told them, permits many things, but “not to be an ass.”

There was more good advice: keep some perspective, don’t let anyone suck the joy out of your life, do good works, think of life balance.

Then he administered Florida’s highly aspirational oath:

I do solemnly swear:

“I will support the Constitution of the United States and the Constitution of the State of Florida;

“I will maintain the respect due to courts of justice and judicial officers;

“I will not counsel or maintain any suit or proceedings which shall appear to me to be unjust, nor any defense except such as I believe to be honestly debatable under the law of the land;

“I will employ for the purpose of maintaining the causes confided to me such means only as are consistent with truth and honor, and will never seek to mislead the judge or jury by any artifice or false statement of fact or law;

“I will maintain the confidence and preserve inviolate the secrets of my clients, and will accept no compensation in connection with their business except from them or with their knowledge and approval;

“To opposing parties and their counsel, I pledge fairness, integrity, and civility, not only in court, but also in all written and oral communications;

“I will abstain from all offensive personality and advance no fact prejudicial to the honor or reputation of a party or witness, unless required by the justice of the cause with which I am charged;

“I will never reject, from any consideration personal to myself, the cause of the defenseless or oppressed, or delay anyone’s cause for lucre or malice. So help me God.”1

It was a very happy event, but I couldn’t help but think about the almost 18.8% of our Florida test-takers who didn’t pass the bar. Florida overall had an almost 30% failure rate, which is substantially higher than in recent years; FSU’s pass rate was about half a percent higher than ours this year, U.Florida had a 10% better rate. Other law schools in the state did worse, or much worse, than we did. Our results were not by that measure embarrassing, indeed the pass percentage was higher than last year, but I still wish it was better. The administration will crunch the numbers, but we’ve not in the past been able to spot many predictors other than being right near the bottom of the class, and that itself is very imperfect. Oh yes, and some small part of the 18.8% will be long-ago graduates who retired to Florida and decided to take the bar. The Florida Bar counts them as our graduates for this purpose.


  1. I didn’t hear anything about a chance to affirm the oath. I hope this option was made clear to the graduates before the event. []
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FL Bar Results Tomorrow

Wasting no time, we’re having a swearing-in ceremony in Gussman Hall Tuesday evening for members of the Class of 2014 who passed the Florida Bar. Justice R. Fred Lewis of the Florida Supreme Court will be presiding, which is pretty nice.

One of the odd things about teaching law is that unless they turn up at alumni events you don’t necessarily ever learn for sure whether your former students passed the bar; since people don’t advertise their troubles it’s even rarer to learn who among them failed. (Presumably all *my* students passed, right, since they’re the sort of hard workers who self-selected hard courses, right?) We do get a cumulative score for in-state exam takers, but we also have a lot of students who take other states’ bar exams. Indeed, arguably, the ones who go farther away are disproportionately our more motivated students, so it’s always hard to know exactly what to make of the in-state success number. This and other reasons is why I’ve argued time and again that Bar Pass Rates are Over-Rated As A Measure of Law School Quality.

In any event, here’s wishing you good fortune if you’re waiting for your results. In the unlikely event any of my former students from the class of 2014 read this blog, you are invited to email me your results, or better yet, brag in the comments below that you passed.

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How to Do Things With Words

I’ve seen half-a-dozen links to this unique and amazing pleading, but the world will be a better place with one more.

The setup is that the prosecutor wanted the Judge to order the defense “not to refer to the Assistant District Attorney General as ‘the Government’ during trial.” Seems they thought being called “the government” was prejudicial or derogatory or hurt their feelings or something. Defense hits it out of the park. The really good stuff starts at the bottom of page two.

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How to Respond to an Unreasonable Copyright Cease and Desist Letter

Vermont attorney Andrew B. Delaney teaches a master class in responding to a really excessive copyright cease and desist letter. (URL fixed)

(Via ATL of all places.)

Previously:

Posted in Law: Copyright and DMCA, Law: Practice | 2 Comments

I Look Forward to Reading This Paper

Robert Condlin, ‘Practice Ready Graduates': A Millennialist Fantasy”. Abstract:

The sky is falling on legal education say the pundits, and preparing “practice ready” graduates is the best strategy for surviving the fallout. This is a millennialist version of the argument for clinical legal education that dominated discussion in the law schools in the 1960s and 1970s. The circumstances are different now, as are the people calling for reform, but the two movements are alike in one respect: both view skills instruction as legal education’s primary purpose. Everything else is a frolic and detour, and a fatal frolic and detour in hard times such as the present.

No one would dispute that the United States legal system has a labor market problem, but law schools cannot revive the labor market, or improve the employment prospects of their graduates, by providing a different type of instruction. Placing students in jobs is a function of a school’s academic reputation, not its curriculum, and the legal labor market will rebound only after the market as a whole has rebounded (and perhaps not then). The cause of the present troubles is a lack of jobs, not a lack of graduates (of any kind), and producing more “practice ready” graduates will have no effect on the supply of jobs. The proposal is a spectacular non sequitur to the present troubles.

The concept of “practice ready” also is unintelligible and would be impossible to implement if it were not. There are as many different types of practice, for example, as there are levels of readiness for it and proponents of the proposal do not say which of these various possibilities (and combinations of possibilities), they have in mind. If the expression had a clear meaning, law schools still could not implement it because proficiency at practice depends upon dispositions (i.e., habits informed by reflection), and dispositions take longer than a law school course to develop. Like a lot of blog commentary, the “practice ready” proposal is more slogan than idea. Perhaps that is why it is so popular.

Not pulling any punches here, are we? Lest you think Prof. Condlin (whom I don’t know) is an Ivory tower guy or anti-clinic, here’s his official bio:

From 1969 to 1972, Professor Condlin was an assistant attorney general for the Commonwealth of Massachusetts. He represented the Commonwealth in several major lawsuits in state and federal court, including Massachusetts v. Laird, an original action in the United States Supreme Court challenging the constitutionality of the Vietnam War, Sturgis v. Quinn, the state court precursor to the Supreme Court decision in Baird v. Bellotti, upholding a woman’s right to birth control, and Board of Appeals of Concord v. Housing Appeals Committee of the Department of Community Affairs, the first defense of an anti-snob zoning statute in the United States. He left the Attorney General’s office in 1972 to establish the Urban Legal Laboratory, a full-semester clinical program for students of Boston College Law School, run jointly with the Boston Lawyers Committee for Civil Rights. In 1974 he became a teaching fellow at Harvard Law School, where he taught and did graduate study in the field of clinical law. He left Harvard in 1976 to become associate professor of law at the University of Virginia, where he created that school’s clinical law program. He moved to Maryland in 1980. He has served as a consultant to the AALS Law Teachers Clinic and Clinical Teachers Training Conferences and to the Canadian Law Teachers Clinic and has taught at Indiana University Law School at Bloomington as a visiting professor

OK, a little ivory tower, maybe. But the paper sounds like it might be a useful corrective to certain over-enthusiasms.

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Britt Blaser Wins ‘Law Day’

The attempted rebranding of May Day as ‘Law Day‘ by anti-communist Cold War legislators never took off. I think the idea of a ‘Law Day’ isn’t bad (although isn’t every day law day?), but as a piece of counter-programming it has always been both too half-hearted and rather tone-deaf.

But in the true spirit of the occasion here’s a vaguely law-related May 1st post from Britt Blaser: Hooray, Hooray, The First of May!.

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How to Make Your Point in a Five-Page Amicus Brief

Bob Kohn opposes the DOJ’s proposed ebook pricing settlement with three book publishers. District Judge Denise Cote granted him leave to intervene as an amicus — but wouldn’t take his a 55-page brief. She gave him leave to file only five pages.

Kohn responded with the most unusual amicus brief I’ve ever seen: a comic strip. And it makes his point.

Here, if the embedding works, is the full text.

Kohn Amicus

(Spotted via EFF’s James S. Tyre’s posting to a mailing list.)

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