Legal Writing blog

Through my Google Reader I have found a very interesting blog authored by Wayne Schiess

LegalWriting.net

Procrastination

While procrastinating I have found this article:

PROCRASTINATING AGAIN? HOW TO KICK THE HABIT.
ALTHOUGH BIOLOGY IS PARTLY TO BLAME FOR FOOT-DRAGGING, ANYONE CAN LEARN TO QUIT.

Raymond, a high-powered attorney, habitually put off returning important business calls and penning legal briefs, behaviors that seriously threatened his career. Raymond (not his real name) sought help from clinical psychologist William Knaus, who practices in Longmeadow, Mass. As a first step, Knaus gave Raymond a two-page synopsis of procrastination and asked him to read it “and see if the description applied.” Raymond agreed to do so on a flight to Europe. Instead he watched a movie. He next vowed to read it the first night at his hotel, but he fell asleep early. After that, each day brought something more compelling to do. In the end, Knaus calculated that the lawyer had spent 40 hours delaying a task that would have taken about two minutes to complete.

The article is really long but the end I found most useful:

In Raymond’s case, getting to the task was, indeed, the hard part. Knaus helped him to do that by first determining the reason for his instinct to delay: Raymond feared being tested on the synopsis and looking foolish. So Knaus asked him to pick the lesser of two evils, doing his work—and risking imperfection—or avoiding difficult tasks and losing his job. When Knaus put it that way, the lawyer was able to “just grind it out.” Instead of being fired, Raymond became a “superstar” at his firm.

In other words, when I have that great desire to procrastinate a little, what I need is to think about my finals and that if I do not study, I will fail.

It WORKS now!!! I go to study!

How to find motivation for studying

It is Saturday. It is almost 5 pm. And I did not begin to do my homework. So I have googled "how to find motivation to do homework." I have found nice result here. I did not find many of advices for me, therefore, I took some of them and now I post here.

1. Think of the consequences. What will happen if you don't do your homework? You'll get a bad grade? Your teacher will be disappointed in you? If none of these things seem to apply to you, remember that homework is to help you learn, which everyone ultimately wants. In the real world, knowledge helps you master the rules of the game...and if you don't know the rules, how are you going to win? If Knowledge is Power...Ignorance is minimum wage.
2. If you really don't want to do your homework, then just get everything ready to do your homework: paper, pencil, textbook, and cup of tea. Then sit down and open the book to the page you need to read. Then read the first paragraph. Usually by then you will feel that you can write the first sentence. Break it down into little bites.
3. Do the hardest work first. This means the more you do it, the easier it gets.
4. It's easier to recall something if you remembered it under a similar environment (known as state-dependent learning). That's why it is important to study at a table and with proper lighting instead of reading on your bed, for example. (I do like to study in bed, but I noticed I do not remember much from it).
5. Also, think about the better grades you might get if you do your homework consistently. (EXACTLY!!!!)

I have looked into another link How-to-Be-A-Student. Yeah, general conclusion from it - study and study.

I think I am motivated now! Better I will begin read ConLaw. I am behind like 20 pages and then he gave us to read another 30. Total 50 pages to go for the next 3-4 hours.

Friday, the day of small relax- and a little about my new policy

I have not been writing for a while and I can explain it with me being busy with studying and moot court. Yes, I finally have experienced moot court competition. My other reason of some fear to spit my thoughts and feelings I have had recently about law school in general and my success. Past week was a torture for me, because each morning I got up with a thought of hatred for law school and the whole system. I hated it because I had hard time to figure out many things and because I did not have enough of sleep, I felt that I am behind of everybody, and it made me even worse. I went to read some blogs and with some disgust read how people enjoy a law school. Finally, I have overcome those feeling. I think I just needed a good sleep, and I had it. Now I am motivated and even happy. Honestly, not very much happy, because I am still behind with my Legal Writing research. But it is ok, I will begin it as soon as I finish this post.

Now about a moot court. Many people say that they had an enjoyment from it. I did, but I guess not fully, because at the end of the day I felt exhausted and on the edge of a break down. It was competition between teams of my school and another school of our state. Another school prepares for those competitions seriously, unlike my school. That is why each year law students of my school are very motivated to participate in that competition, but, unfortunately, still everybody not as good prepared as students from another school. To my shame, I must confess that I was one of those students. Actually, I tried hard, but I did not manage my time correctly, and as a result, I prepared my opening statement right before rounds. Of course, I received less points for almost reading from my notes. However, both judges (we had two rounds) admitted that my voice is persuasive, and the text of opening statement was great (wow... what a surprise, I guess I am not so bad in writing). BUT... as judges pointed out, I need to have more confidence. oh, well, what confidence may I have not having text and worrying that I might mixed up the grammar. Luckily, I had a very good partner, so he scored for us more points than we expected. Though, I did well on one of cross-examinations.

We did not get into semifinal, but we won one round out of 2, which is encouraging. If I have another opportunity to participate in a moot court, I will try to do that, although I have decided that litigation is not for me - too much of writing, research and very stressful. Now my reader, possibly thinks, that then I should not be a lawyer at all. Yes, it would be a good point. But I think, I have such a view about litigation, because I continuously try to overcome my fear of using another language from my native. Litigation requires those skills, that I did not develop well, at least at this point. Although I liked to be in front of the judge and roar at another counsel.

What will I do differently next time in preparation to moot court:

1. prepare opening (closing) statement beforehand, memorize it, and repeat it a couple of time with (or without) audience.
2. think in more detail about the picture of my client and what I want to prove (I really missed this point).
3. read more the Evidence rules. I lacked of it on my objections
4. work with witnesses and train them how to respond and how to be difficult witness
5. read more about difficult witnesses and how to handle them
6. feel more confident and try not to be led in all questions by my partner.

Although competitions are fun, I am now behind in my reading, and this weekend will be spent in reading cases and legal research.

By the way, I spend some time on the web site of former classmates. I was suprised how interesting the lives of people came up. For example, I had that classmate who studied in a school on Cs and weak Bs. Now he is the manager of one of the departments in court. What do I lead to? Even bad students can get job, so should I worry about my grades as much?