law book recommendations
December 16, 2008 2:31 PM Subscribe
book recommendations for a lawyer-wanna-be
so my soul searching for whether-or-not-to-go-to-law-school continues....
there have been a lot of related posts here, but as someone who is obsessive and compulsive about reading, i would like to hear from current and ex-law students about any books you can recommend. my hope is that i can sort of "read my way into a decision".
by this, I mean any books you find particularly helpful to shed light on:
1. what studying at law school would look like (such as One L, which I have read already)?
2. good intro to law, legal professions, legal reasoning, or anything related to law;
3. lawyering in general;
thanks!!!
so my soul searching for whether-or-not-to-go-to-law-school continues....
there have been a lot of related posts here, but as someone who is obsessive and compulsive about reading, i would like to hear from current and ex-law students about any books you can recommend. my hope is that i can sort of "read my way into a decision".
by this, I mean any books you find particularly helpful to shed light on:
1. what studying at law school would look like (such as One L, which I have read already)?
2. good intro to law, legal professions, legal reasoning, or anything related to law;
3. lawyering in general;
thanks!!!
I would recommend going about this a different way. Rather than deciding if you want to go to law school, how about deciding if you want to be a lawyer?
You can read all the books you want, but you're still not going to have any idea what law school is like until you get there, and if you went because you wanted the degree itself rather than the opportunities presented by a degree, you're likely going to be a very unhappy person.
posted by toomuchpete at 2:52 PM on December 16, 2008
You can read all the books you want, but you're still not going to have any idea what law school is like until you get there, and if you went because you wanted the degree itself rather than the opportunities presented by a degree, you're likely going to be a very unhappy person.
posted by toomuchpete at 2:52 PM on December 16, 2008
Seconding Bleak House. I seriously think about that book every week (in my job as a lawyer).
posted by chinston at 3:38 PM on December 16, 2008 [1 favorite]
posted by chinston at 3:38 PM on December 16, 2008 [1 favorite]
Law school experiences are too diverse to generalize, really. I think books are of limited usefulness in deciding whether you want to go to law school.
Authors of books like One L are, of course, striving to tell entertaining stories so they play up the drama of law school quite a bit. When you get to law school, you realize that it's a bit silly to make it seems so dramatic.
I agree with toomuchpete, completely. So many people go to law school because they have no other plans, and they want to do something "prestigious." I think that's a really silly thing to do.
Decide whether you want to be a lawyer. If you want to be a lawyer, then whether you will "like" law school isn't very important.
posted by jayder at 3:45 PM on December 16, 2008
Authors of books like One L are, of course, striving to tell entertaining stories so they play up the drama of law school quite a bit. When you get to law school, you realize that it's a bit silly to make it seems so dramatic.
I agree with toomuchpete, completely. So many people go to law school because they have no other plans, and they want to do something "prestigious." I think that's a really silly thing to do.
Decide whether you want to be a lawyer. If you want to be a lawyer, then whether you will "like" law school isn't very important.
posted by jayder at 3:45 PM on December 16, 2008
What Law School Doesn't Teach You - for showing what law firm culture can be like. Try to put yourself into these scenarios without feeling nauseated of how dull life in the law office can be.
How to Argue and Win Every Time or The Defense Never Rests - give you an idea of the kinds of people you might be dealing with on a daily basis - people who are clever, know they are clever, and think they are cleverer than you.
The Paper Chase was a decent movie (there's also a book) that adequately captures some of the horrors of law school.
A Civil Action - many books capture the great and exciting things about being a lawyer, but few adequately portray the other side of the coin - its tedium.
And Bradshaw v. Unity Marine (PDF). It's four pages long, and if you can follow it and find it even mildly amusing, then it will give you an idea of how judges view lawyers.
Good luck.
posted by jabberjaw at 3:47 PM on December 16, 2008
How to Argue and Win Every Time or The Defense Never Rests - give you an idea of the kinds of people you might be dealing with on a daily basis - people who are clever, know they are clever, and think they are cleverer than you.
The Paper Chase was a decent movie (there's also a book) that adequately captures some of the horrors of law school.
A Civil Action - many books capture the great and exciting things about being a lawyer, but few adequately portray the other side of the coin - its tedium.
And Bradshaw v. Unity Marine (PDF). It's four pages long, and if you can follow it and find it even mildly amusing, then it will give you an idea of how judges view lawyers.
Good luck.
posted by jabberjaw at 3:47 PM on December 16, 2008
It's not a book, but On Being a Happy, Healthy, and Ethical Member of an Unhappy, Unhealthy, and Unethical Profession should be on your list. If you want a pdf, you should be able to find one without too much trouble via Google.
posted by ajr at 3:53 PM on December 16, 2008 [1 favorite]
posted by ajr at 3:53 PM on December 16, 2008 [1 favorite]
According to legend, a young man asked Abraham Lincoln this question and he said to read Blackstone's Commentaries on the Laws of England. But that's totally dated and my judge grandpa read it and said it was bullshit.
posted by johngoren at 4:04 PM on December 16, 2008
posted by johngoren at 4:04 PM on December 16, 2008
I'm surprised no one has recommended Law School Confidential yet. It was crucial to me my first year of law school, and I wish I had read it sooner.
(Also: listen to jayder.)
posted by AV at 4:28 PM on December 16, 2008
(Also: listen to jayder.)
posted by AV at 4:28 PM on December 16, 2008
If you want to get pumped up about criminal defense and aren't interested in law firm work, check out Clarence Darrow: Attorney for the Damned.
posted by Kirklander at 5:59 PM on December 16, 2008
posted by Kirklander at 5:59 PM on December 16, 2008
Read the practice guide in detail. Those details are what litigators live by, and will give you a far better picture of life as a litigator than any novel or published court opinion ever will.
I don't really agree with this. Yes, litigators live by these details, but simply reading the rules of procedure, or anything along those lines, does not give you a picture of life as a litigator, any more than reading the HTML spec gives you a picture of life as a web designer.
I have hired three attorneys in my small practice, and there is nothing --- short of immersion in the daily life of law practice --- that can really give someone a sense of what they are in for.
Here's the single best thing you can do: Contact some attorneys in different areas of practice, and ask them if you can shadow them for a day or two. This is routinely done, and will give you incredible insight into what a lawyer's life is like.
posted by jayder at 6:33 PM on December 16, 2008
I don't really agree with this. Yes, litigators live by these details, but simply reading the rules of procedure, or anything along those lines, does not give you a picture of life as a litigator, any more than reading the HTML spec gives you a picture of life as a web designer.
I have hired three attorneys in my small practice, and there is nothing --- short of immersion in the daily life of law practice --- that can really give someone a sense of what they are in for.
Here's the single best thing you can do: Contact some attorneys in different areas of practice, and ask them if you can shadow them for a day or two. This is routinely done, and will give you incredible insight into what a lawyer's life is like.
posted by jayder at 6:33 PM on December 16, 2008
Oh, and as to books, here are my recommendations (in no particular order of importance):
Roberto Mangabeira Unger, What Should Legal Analysis Become?
I read this in law school, and it gives fascinating insight into the nature of law study and practice today, from a leftist perspective.
Kermit Roosevelt, In the Shadow of the Law
I didn't finish this book, but what I read, I enjoyed. The part I read struck me as a pretty accurate depiction of practice as a young lawyer, especially at a big prestigious firm.
Alan Dershowitz, Letters to a Young Lawyer
Not a big fan of Dershowitz, but his advice struck me as pretty sensible.
Kenney Hegland, Trial and Practice Skills in a Nutshell
An excellent guide to basic practice skills, from how to conduct yourself with clients, listening to clients, to cross-examination of witnesses and other important skills.
Irwin Owen, Defending Criminal Cases Before Juries: A Common Sense Approach
I had been practicing criminal defense law three years before I found a used copy of this and bought it on a lark. It is amazing how accurate his observations are concerning relations with clients, how to investigate a case and prepare for trial, the role of a preliminary hearing, the best way to pick a jury, what to do at a sentencing hearing, how to represent a client who is entering a guilty plea, etc. This book is really excellent.
Steven Lubet, Modern Trial Advocacy
A sound, thorough guide to trial practice. Things that you have to get right, such as how to qualify an expert witness, the proper method of impeachment by prior inconsistent statements, and how to introduce various kinds of evidence, is covered very well. This is a very dependable book, and I actually have it sitting with me at the counsel's table whenever I have a trial.
Allen Spiegel, A. Lincoln, Esquire: A Shrewd, Sophisticated Lawyer of His Time
Reading this book, I was surprised at how much law practice has not changed since Lincoln's time.
Francis Wellman, The Art of Cross Examination
I think this book's reputation is a bit overstated, but it's still very good.
James W. McElhaney, McElhaney's Trial Notebook (there are several editions).
This book collects McElhaney's essays in the ABA Journal. Written in a very light manner, with fictional scenarios, McElhaney's essays are some of the best writing on the ins and outs and nuts and bolts of law practice and trial skills. Truly indispensable.
posted by jayder at 6:59 PM on December 16, 2008 [1 favorite]
Roberto Mangabeira Unger, What Should Legal Analysis Become?
I read this in law school, and it gives fascinating insight into the nature of law study and practice today, from a leftist perspective.
Kermit Roosevelt, In the Shadow of the Law
I didn't finish this book, but what I read, I enjoyed. The part I read struck me as a pretty accurate depiction of practice as a young lawyer, especially at a big prestigious firm.
Alan Dershowitz, Letters to a Young Lawyer
Not a big fan of Dershowitz, but his advice struck me as pretty sensible.
Kenney Hegland, Trial and Practice Skills in a Nutshell
An excellent guide to basic practice skills, from how to conduct yourself with clients, listening to clients, to cross-examination of witnesses and other important skills.
Irwin Owen, Defending Criminal Cases Before Juries: A Common Sense Approach
I had been practicing criminal defense law three years before I found a used copy of this and bought it on a lark. It is amazing how accurate his observations are concerning relations with clients, how to investigate a case and prepare for trial, the role of a preliminary hearing, the best way to pick a jury, what to do at a sentencing hearing, how to represent a client who is entering a guilty plea, etc. This book is really excellent.
Steven Lubet, Modern Trial Advocacy
A sound, thorough guide to trial practice. Things that you have to get right, such as how to qualify an expert witness, the proper method of impeachment by prior inconsistent statements, and how to introduce various kinds of evidence, is covered very well. This is a very dependable book, and I actually have it sitting with me at the counsel's table whenever I have a trial.
Allen Spiegel, A. Lincoln, Esquire: A Shrewd, Sophisticated Lawyer of His Time
Reading this book, I was surprised at how much law practice has not changed since Lincoln's time.
Francis Wellman, The Art of Cross Examination
I think this book's reputation is a bit overstated, but it's still very good.
James W. McElhaney, McElhaney's Trial Notebook (there are several editions).
This book collects McElhaney's essays in the ABA Journal. Written in a very light manner, with fictional scenarios, McElhaney's essays are some of the best writing on the ins and outs and nuts and bolts of law practice and trial skills. Truly indispensable.
posted by jayder at 6:59 PM on December 16, 2008 [1 favorite]
I recommend A People's History of the Supreme Court. It may jazz you into being interested in constitutional law.
posted by j1950 at 8:19 PM on December 16, 2008
posted by j1950 at 8:19 PM on December 16, 2008
I'm a lawyer who graduated in May and got licensed last month. These are a few of the better books I read before going to law school.
------
1) ">Anarchy & Elegance: Confessions of a Journalist at Yale Law School by Chris Goodrich
Goodrich is full of himself, no doubt, but his book does the best job of describing how law school changes how one views the world. The only other book that comes close is Richard Kalenberg's "Broken Contract," but it's pretty bad (Kahlenberg manages to be more arrogant than Goodrich), and I don't recommend it.
2) ">On Being a Happy, Healthy, and Ethical Member of an Unhappy, Unhealthy, and Unethical Profession by Patrick Schiltz
This isn't a book, but a law review article. It's the best I've ever read on describing big law firm culture, its allure, and its pitfalls. A classic.
3) The Soul of the Law by Benjamin Sells
Basically the same message as Schiltz, but broader and more in-depth. The author's a psychoanalyst, but even if you don't buy into his brand of psychology it's still a worthwhile read.
4) Planet Law School II by Atticus Falcon
The best "how to succeed in law school" book on the market. It's absurdly negative and gives some bad advice, but there's far more good advice than bad. Just take the extremely negative bits with a grain of salt. Unfortunately, the book is way longer than it needs to be. If you don't want to slog through it, "Planet Law School"--if you can still find a copy--should be sufficient. It also contains plenty of excellent suggestions for further reading.
5) The Terrible Truth About Lawyers by Mark McCormack
Out of print, but the best book I've read about the intersection of law and business.
That should be plenty for now.
Good luck.
P.S. Avoid Alan Dershowitz's "Letters to a Young Lawyer," Scott Turow's "One L," and Miller's "Law School Confidential." Also don't watch "The Paper Chase." It's a terrible movie.
posted by saslett at 9:03 PM on December 16, 2008
------
1) ">Anarchy & Elegance: Confessions of a Journalist at Yale Law School by Chris Goodrich
Goodrich is full of himself, no doubt, but his book does the best job of describing how law school changes how one views the world. The only other book that comes close is Richard Kalenberg's "Broken Contract," but it's pretty bad (Kahlenberg manages to be more arrogant than Goodrich), and I don't recommend it.
2) ">On Being a Happy, Healthy, and Ethical Member of an Unhappy, Unhealthy, and Unethical Profession by Patrick Schiltz
This isn't a book, but a law review article. It's the best I've ever read on describing big law firm culture, its allure, and its pitfalls. A classic.
3) The Soul of the Law by Benjamin Sells
Basically the same message as Schiltz, but broader and more in-depth. The author's a psychoanalyst, but even if you don't buy into his brand of psychology it's still a worthwhile read.
4) Planet Law School II by Atticus Falcon
The best "how to succeed in law school" book on the market. It's absurdly negative and gives some bad advice, but there's far more good advice than bad. Just take the extremely negative bits with a grain of salt. Unfortunately, the book is way longer than it needs to be. If you don't want to slog through it, "Planet Law School"--if you can still find a copy--should be sufficient. It also contains plenty of excellent suggestions for further reading.
5) The Terrible Truth About Lawyers by Mark McCormack
Out of print, but the best book I've read about the intersection of law and business.
That should be plenty for now.
Good luck.
P.S. Avoid Alan Dershowitz's "Letters to a Young Lawyer," Scott Turow's "One L," and Miller's "Law School Confidential." Also don't watch "The Paper Chase." It's a terrible movie.
posted by saslett at 9:03 PM on December 16, 2008
Whoops. Anarchy and Elegance is here and "On Being a Happy, Health, and Ethical Member of an Unhappy, Unhealthy, and Unethical Profession" is here.
posted by saslett at 9:06 PM on December 16, 2008
posted by saslett at 9:06 PM on December 16, 2008
I'd read the law society/bar journals from the jurisdiction you want to practice in.
And even better, go and talk to lawyers.
posted by robcorr at 2:03 AM on December 17, 2008
And even better, go and talk to lawyers.
posted by robcorr at 2:03 AM on December 17, 2008
Similar to shadowing a lawyer, you could go to the courthouse and observe. Ideally, you could arrive early, introduce yourself to a courthouse secretary and ask about interesting cases set for the day. Then introduce yourself to a court clerk or bailiff, tell them you're thinking about law school and will be watching for the morning.
Or, if you really want to get a sense of practicing law in the courthouse, pick a random court and watch people filing papers, waiting for the judge, filing more papers, crying about going to jail, getting divorced, or losing their business, filing more papers, and pacing the hallways. Oh, and try to avoid catching the flu or TB.
posted by GPF at 7:11 AM on December 17, 2008
Or, if you really want to get a sense of practicing law in the courthouse, pick a random court and watch people filing papers, waiting for the judge, filing more papers, crying about going to jail, getting divorced, or losing their business, filing more papers, and pacing the hallways. Oh, and try to avoid catching the flu or TB.
posted by GPF at 7:11 AM on December 17, 2008
As mentioned above, A Civil Action presents a good, representative story.
posted by GPF at 7:13 AM on December 17, 2008
posted by GPF at 7:13 AM on December 17, 2008
The most insightful book I've read about law as a profession is Law v. Life by Walt Bachman. The authors interviews lawyers and those who have left the profession. They give their honest view of the ups and downs of the profession. I would recommend this to be read by all people who are thinking of becoming lawyers.
posted by reenum at 7:48 AM on December 17, 2008
posted by reenum at 7:48 AM on December 17, 2008
There are so many ways to be a lawyer that IMHO one must walk a very cautious path to avoid being spooked by the horror stories of those that go into it for the money.
posted by Kirklander at 11:13 AM on December 17, 2008
posted by Kirklander at 11:13 AM on December 17, 2008
This thread is closed to new comments.
2. There's a book, The Creative Lawyer, that I want to get based on the many glowing Amazon reviews. Might be what you're looking for, but I can't directly vouch for it since I haven't read it.
posted by Jaltcoh at 2:49 PM on December 16, 2008