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Mastering Legalese: Law, Language, and the Law School Classroom

published August 07, 2012

By CEO and Founder - BCG Attorney Search left
Published By
( 16 votes, average: 4.9 out of 5)
What do you think about this article? Rate it using the stars above and let us know what you think in the comments below.
Actually, this article is a brief glance into a book I read recently, titled The Language of Law School: Learning to “Think Like a Lawyer,” by Elizabeth Mertz (Oxford University Press). It's a recent book, published in 2007, written when the recession was gaining speed and law schools were still smug about their published data on employment. However, despite the great changes in the relationships between law schools and law students (applications have dropped by 24%, schools are increasing scholarships and going out of the way to retain better candidates, and William Henderson, a professor of law at Indiana University saying “I'm calling this the 100-year flood for law schools”) the book remains refreshing and relevant.
 
Mastering the language of law school

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A note to law students: it's not all doom and gloom


Just a personal note: for any law student the market is tough, but go beyond the superficial and you'd still find a majority of law graduates in jobs earning significantly more than those from other professional streams and disciplines. There is no apocalypse, but the market is restructuring itself and those who have fat, have to shed it in order to survive, so they are in tears. Besides that, there is competition in every field and every field of study has those graduates who fail to get a decent job, and those who shine before the nation.

If you ask me, what caused this note – it has been too gloomy of late and there's too many prophets of doom crying law schools have no value just because they failed to make it in life. It's not so – life is a game of chance and abilities. Previously, a law student had always been assured of better prospects – it's not that the better prospects are gone, but there's not so much to pass around for everyone any more. It's something that students who have grievances have to understand – going to law school is not a consumer purchase decision, it's a business investment, it's got its risks and profits.

Law, Language, and the Law School Classroom

Learn the 10 Factors That Matter to Big Firms More Than Where You Went to Law School

Back to the book: I found the book refreshing and relevant, especially chapter two, which was titled “Law, Language, and the Law School Classroom.” As Mertz puts the problem squarely “At the broadest level, this study brings together two related inquiries: Is there a distinctive approach to translation embodied in the canonical legal language taught to law students? And if so, how do people learn to use that distinctive language as they become legal professionals—in their first months of training to be the lawyers and judges whose voices and writings perform the act of legal translation? To address these questions, we need to develop an understanding of how language operates in legal and other social settings.” This is something that has always haunted me, so I believe you can pardon my special interest on this single chapter.

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In the mentioned chapter, Mertz focuses on Contracts classes in eight law schools across the country to decipher the continuously evolving relationship between language, law, and law school classrooms and how it affects the world. She does thorough research work on similarities and differences of approach and use of language and considers questions that I feel any law student needs to consider to have an insight into legalese and master it for professional use.

If you ask me, I would recommend the book for understanding and developing insights that are particularly useful for a law student to succeed as a lawyer. Many of these principles and insights researched by Mertz have rarely been analyzed in a similar manner. And yes, I believe the book can be helpful to those who would like to grow to be better lawyers, as jurisprudence is helpful to those who want to understand law. To most, both are inessential, to some, they are invaluable.

Book Source:

Elizabeth Mertz, The Language of Law School: Learning to "Think like a Lawyer" (New York: Oxford University Press, 2007)

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Alternative Summary

Harrison is the founder of BCG Attorney Search and several companies in the legal employment space that collectively gets thousands of attorneys jobs each year. Harrison’s writings about attorney careers and placement attract millions of reads each year. Harrison is widely considered the most successful recruiter in the United States and personally places multiple attorneys most weeks. His articles on legal search and placement are read by attorneys, law students and others millions of times per year.

More about Harrison

About LawCrossing

LawCrossing has received tens of thousands of attorneys jobs and has been the leading legal job board in the United States for almost two decades. LawCrossing helps attorneys dramatically improve their careers by locating every legal job opening in the market. Unlike other job sites, LawCrossing consolidates every job in the legal market and posts jobs regardless of whether or not an employer is paying. LawCrossing takes your legal career seriously and understands the legal profession. For more information, please visit www.LawCrossing.com.

published August 07, 2012

By CEO and Founder - BCG Attorney Search left
( 16 votes, average: 4.9 out of 5)
What do you think about this article? Rate it using the stars above and let us know what you think in the comments below.