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King Hall Law School USENET FAQ Part 5 of 9

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See reader questions & answers on this topic! - Help others by sharing your knowledge
              The King Hall Law School USENET FAQ Part 5 of 9
             Frequently Asked Questions at and about King Hall
                         (c) Copyright 1995 & 1996

                                    by

                           David F. Prenatt, Jr.
                          King Hall, 1995 Alumnus
                         U.C. Davis School of Law
                         University of California
                           Davis, CA 95616-5210

                     <mailto:NetEsq@dcn.davis.ca.us >


The King Hall Law School USENET FAQ (King Hall USENET FAQ) may be comprised
of more than one part.  If it is, please see the TABLE OF CONTENTS in Part
One for a complete list of the questions that have attempted to answer and
for other important legal information.  Caveat emptor:  I assume no
obligation for anyone through the publication of the King Hall USENET FAQ.
Furthermore, all versions of the King Hall USENET FAQ are my personal
property and are protected by applicable copyright laws.  All rights are
reserved except as follows:  I hereby give my permission to anyone who has
access to this version of the King Hall USENET FAQ to reproduce the
information contained herein for non-profit purposes, provided that proper
credit is given to me as the author of this FAQ and that I am promptly
notified of any use other than personal use.  I may revoke permission to
reproduce any version of this FAQ at any time.

- - - - - 
              The King Hall Law School USENET FAQ Part 5 of 9
             Frequently Asked Questions at and about King Hall
             (c) Copyright 1995 & 1996 by David F. Prenatt, Jr.


4.2)  THE SECOND YEAR OF LAW SCHOOL AT KING HALL.

4.2.1)  ON CAMPUS INTERVIEWS (OCI).

4.2.1.1)  What is OCI?

     The term OCI refers to the longstanding practice of various law firms
     to coordinate their hiring efforts through Career Services (primarily
     for second year law students).  The OCI process is not unlike rushing
     fraternities and sororities (i.e., a superficial popularity contest).

4.2.1.2)  Should I participate in OCI?

     It depends upon what kind of job you want.  OCI takes up a lot of time
     and energy, and you may end up getting a high-paying/dead-end job with
     a glass ceiling.  About seven years after law school, many lawyers who
     go to work for large firms find themselves out of a job and without
     enough practical legal experience to open their own law firm.  In
     other words, be careful what you wish for, it may come true.
          At the same time, many legal employers use OCI by default.  So if
     you opt out of OCI entirely, you may miss out on many of the job
     opportunities that might really interest you.  And a baffling fact of
     life is that many legal employers will not offer you a position until
     you prove that you are appealing to other law firms.  And when you
     receive an actual job offer, you can contact a potential employer who
     has been sitting on your resume and use the job offer you have as a
     bargaining chip for a job offer that you want (tactfully, of course).
     So applying for jobs that you don't want can help you get jobs that
     you do want.

4.2.1.3)  What alternatives are there to OCI? [Rev]

     You can simply apply for the jobs that interest you.  For one reason
     or another, many job openings are not filled through OCI (smaller
     firms, for example, cannot plan that far ahead).  Whatever you choose
     to do, be discrete about your success and your failure.  Much like
     first year grades, looking for a job during the second year of law
     school is a challenge to the self-esteem of most law students,
     particularly those who don't get the job offers that they want.  See
     Section 4.6.5 for information on Career Planning Resources on the
     Internet.

4.2.1.4)  What are call-back interviews?

     Call-back interviews (call-backs) are pretty much what they sound
     like:  Interviews that take place after employers call back the job
     applicants who made a good first impression at their initial OCI
     interviews.  Call-backs usually require job applicants to travel
     overnight to out of town law firms and miss a day of school.
     Depending upon the law firm, applicants may or may not be reimbursed
     for mileage, taxis, meals, plane fares, and hotel accomodations.
          The inconvenience of OCI and call-backs cannot be overstated.  If
     you are "lucky" enough to get the job interviews that you want, you
     will still be overwhelmed with the demands on your time that will
     accompany out of town travel.  Accordingly, the "lucky" people must
     often decide between OCIs/call-backs and sleeping and/or studying.
     Moreover, your second year of law school, when most OCIs take place,
     is filled with activities such as Law Review and Moot Court that will
     demand most, if not all, of your time.

4.2.2)  JUDICIAL CLERKSHIPS.

4.2.2.1)  What is a judicial clerkship?

     A judicial clerkship is a paid position as a legal clerk working for a
     judge or group of judges that begins after you graduate from law
     school.  Judicial clerkships are different from judicial externships,
     which are often completed for course credit during law school.
     Judicial clerkships are extremely prestigious and the competition for
     these positions is very fierce.

4.2.2.2)  How do I apply for a judicial clerkship?

     Each judicial clerkship has its own guidelines.  Contact the
     individual judge's chambers for more information on a particular
     clerkship.  King Hall also has a special clerkship committee that
     helps King Hall students put together necessary materials.  For more
     information, contact Jane Thomson (<mailto:jthomson@ucdavis.edu >) at
     the Career Services Office, (916)752-6574.

4.2.3)  SECOND AND THIRD YEAR COURSES AT KING HALL.

     For a complete and current list of second and third year courses,
     readers with a web browser may visit the King Hall Second and Third
     Year Courses Web Page on the World Wide Web:

          <http://kinghall.ucdavis.edu/pages/2nd3rd.htm >


4.2.3.1)  LAW REVIEW AND MOOT COURT.

4.2.3.1.1)  Should I do Law Review or Moot Court?

     Yes.  Either one or both (I did both).

4.2.3.1.1.1)  Which program is better, Law Review or Moot Court?

     Law Review is much more prestigious than Moot Court and can open up a
     lot of doors for you, but Law Review is also much more demanding on
     your time than Moot Court.  Both programs are very rewarding.

4.2.3.1.1.2)  Can I do both Law Review and Moot Court?

     Yes, at least during the Fall Semester.  Alternatively, you can do
     Moot Court during your third year, but that would preclude serving on
     the Moot Court Board or Moot Court Teams during your third year.
     Whether you want to continue with Law Review during your second
     semester is the real issue.

4.2.3.1.2)  What sort of demands upon my time should I expect from Law
            Review?

     The first semester (i.e., the Fall Semester) of Law Review requires
     "candidates for membership" to fulfill modest office hour
     requirements, complete a cite checking assignment, and submit two
     drafts of a "note" or "comment" on a topic of their choice.  However,
     the second semester of Law Review is extremely demanding, whether or
     not you succeed in becoming a Member or Editor.  [Note:  first
     semester requirements for Law Review Writers were recently changed
     from one "good faith draft" during the Fall Semester to two drafts.
     The jury is still out on the prudence of this decision, which is
     intended to speed up the process by which people become Law Review
     Editors, but which will also act as a gatekeeping mechanism for people
     who are sitting on the fence about whether to do Law Review at all.]

4.2.3.1.2.1)  How do I become a Law Review Member?

     Any second year law student at King Hall can "write-on" as a Member of
     Law Review.  Each draft of your note or comment is reviewed by two
     staff editors who are assigned to you, and you revise your note or
     comment according to their editorial feedback.  When your staff
     editors run out of criticism, they usually recommend your draft to the
     Notes and Comments Editor who is assigned to you.  Your Notes and
     Comments Editor makes the decision as to when you qualify for Member.
     More information on becoming a Law Review Member can be found on the
     World Wide Web at Law Review Questions and Answers for Prospective
     Students (<http://kinghall.ucdavis.edu/stu_org/lawrev/candidat.htm >).

4.2.3.1.2.1.1)  How do I pick a good topic for my law review article?

     Most people make their choice of a law review topic based on a
     personal predilection towards a particular issue (as I did).  Other
     student writers try to pick a topic that they think will be
     interesting to their intended audience.  After careful consideration
     and months of pounding my head against a wall, I came to the well-
     reasoned conclusion that the best method of choosing a topic for a law
     review article is what I refer to as the "cynic's choice."
          Rather than reinvent the wheel, the best way to find a "good
     topic" for your own student article is to read through other student
     articles until you find one that you think is well-written.  Then,
     research that well-written article until you find another student
     article (that virtually always exists) contradicting the first article
     on some key point.  You have now found that mysterious and mystical
     "split in authority" to which law review editors constantly refer
     [technically, a split in authority should be between different
     jurisdictions], along with two model articles with which to structure
     your own work.  You will also have a humongous head start on your own
     legal research, and you will need it.
          Law Review is not a creative writing process.  It is an exercise
     in tedious research that focusses on recapitulating and elucidating
     (in "Plain English"--irony intentional) the work of other legal
     scholars.  Try as you may, you will never find a "good topic" for a
     student article on which someone else has never written, and you are
     foolish to try.  By definition, the good topics are all taken.

4.2.3.1.2.1.2)  Isn't the "cynic's choice" method of finding a law review
                topic somehow . . . dishonest?

     Quite the opposite.  It requires you to be honest with yourself and
     face the truth that takes most Law Review Writers (including me)
     months to realize:  As a Law Review Writer, you don't have an original
     idea in your head that anyone else cares to read.  Every intellectual
     assertion that you make in your student article needs at least two
     supporting authorities (if not more to convince a skeptical Law Review
     Staff Editor that you are really on to something).  If your ideas for
     your article are truly original, they are probably fatally flawed; at
     best they will be unsupportable.

4.2.3.1.2.2)  How do I become a Law Review Editor?

     The process is pretty much the same as becoming a Law Review Member,
     but new staff editors are assigned to you, more exacting standards are
     invoked, and the Editor in Chief must approve your paper after you are
     recommended for Editor. [Note:  Exceptions to this process do exist.
     Check with one of the current Notes & Comments Editors or Editor in
     Chief if you think that special circumstances apply to your
     situation.]

4.2.3.1.2.3)  What happens after I become a Law Review Editor?

     After you become a Law Review Editor, you review the work of Law
     Review Candidates and Members as described above.  You may also wish
     to seek one of the elected positions on the Law Review Editorial
     Board.  Check with current Board Members for further information on
     these positions.

4.2.3.1.2.4)  What happens if I am not recommended to become a Law Review
              Member or Editor?

     You can always appeal such a decision by your editors, but the odds
     are stacked against you.  The guidelines for what constitutes a member
     or editor quality draft are very subjective.  Thus, it's best to
     comply with the editorial demands of your editors.  Many good law
     review writers who do not succeed in becoming a Member or Editor are
     simply too defensive about the editorial feedback that they receive.
          On the other hand, your editors may neglect their duties to you.
     If this happens, you should promptly report the situation to someone
     you can trust, preferably someone who can take some sort of remedial
     action.  Otherwise, you will end up as one of the many people who gets
     eliminated from the law review process every year.  You may get
     eliminated anyway if you encounter some sort of problem with your
     topic that you cannot fix, such as pre-emption.
          If for some reason you are unable to continue with Law Review, it
     is not the end of the world.  Many people continue working on their
     law review article to complete the Advanced Writing Requirement and
     obtain independent study course credit.  At least one person I know
     had her law review article published in a prestigious journal after
     she lost an appeal for Law Review Membership.

4.2.3.1.2.5)  Why should I do Law Review?

     Most people are compelled to do Law Review because of its resume value
     and the great prestige that it confers.  Above and beyond this, Law
     Review gives you formal access to your colleagues who are a year ahead
     of you.  Thus, Law Review is an excellent opportunity for you to hone
     your legal research and writing skills in a very demanding academic
     environment.

4.2.3.1.3)  What is Moot Court?

     When most people talk about Moot Court, they are talking about the
     year long program of Appellate Advocacy at King Hall.  There are
     actually several Moot Court programs; Appellate Advocacy is the most
     popular one.

4.2.3.1.3.1)  Why should I do Moot Court?

     Moot Court will help you acquire valuable skills in oral advocacy.
     Having clerked for Moot Court as a One L, I though I knew what to
     expect from oral arguments, but boy was I wrong.  I have never had a
     fear of public speaking, but during my first oral argument in Legal
     Writing as a One L, I experienced an adrenaline rush that really
     surprised me.  All at once it occurred to me that I was confronting a
     hostile heckler to whom I was required to show deference (i.e., the
     judge) while at the same time zealously advocating the interests of my
     client.  I decided to do Moot Court because I realized that it's best
     to learn how to cope with such epiphanies in an academic setting
     rather than in a real courtroom.

4.2.3.1.3.2)  What should I expect from Moot Court?

     The first semester (i.e., Fall Semester) of Moot Court (i.e.,
     Appellate Advocacy) involves researching and arguing both sides of
     three hypothetical cases on appeal.  The second semester of Moot Court
     is different in that it involves a single hypothetical case comprised
     of two issues on appeal; you work with a partner who helps you prepare
     a written brief.  Participation in the second semester of Moot Court
     is also used to qualify students for certain Moot Court teams.

4.2.3.1.3.3)  How do I qualify for a Moot Court team?

     Many of the Moot Court teams are selected from the Appellate Advocacy
     program, but there are several other teams that are sponsored
     independently by the law school that have nothing to do with the
     Appellate Advocacy program.  In addition, you can create your own team
     for one of the competitions that is not sponsored by the law school.

4.2.3.1.3.4)  What is the Moot Court Board?

     The Moot Court Board runs the year long Appellate Advocacy program.
     Students are elected to the Moot Court Board by the outgoing Board.

4.2.3.2)  THE ADVANCED WRITING REQUIREMENT.

     Many people use Law Review or Moot Court to complete the Advanced
     Writing Requirement, but any professor can supervise an Advanced
     Writing Project to help you complete this requirement.  For more
     information, contact Nicole Waterman (<mailto:ngwaterman@ucdavis.edu
     >) or Dian Francis (<mailto:dpfrancis@ucdavis.edu >) in the King Hall
     Registrar's Office in person or at (916)752-4299.

4.2.3.3)  CLINICALS.

4.2.3.3.1)  Should I take a clinical?  [Rev]

     Yes.  It is an opportunity that few attorneys have for obtaining
     practical lawyering skills, but a clinical should not be used as a
     substitute for other more challenging law school courses.  I took the
     Civil Rights Clinical, conducted by supervising attorneys Carter
     "Cappy" White (<mailto:ccwhite@ucdavis.edu >) and Professor Margaret
     Johns (<mailto:mzjohns@ucdavis.edu >).  [Note:  Cappy left King Hall
     at the end of the Fall 1995 semester, and I am not personally
     acquainted with his replacement.]  As a Certified Student Attorney, I
     represented pro se plaintiffs who had filed meritorious Section 1983
     Civil Rights claims with the Eastern District Federal Court in
     Sacramento and were assigned to the King Hall Civil Rights Clinic sua
     sponte (the expertise of Certified Student Attorneys helps unclog the
     court's calendar, which is overrun by the numerous plaintiffs who
     appear in propria persona because they cannot afford an attorney).
          I strongly recommend the Civil Rights Clinical for any law
     student who is interested in any type of civil litigation.  Litigation
     is litigation is litigation, and the clinical puts its participants
     through the paces of every stage of a typical lawsuit.  I like to
     think of it as "Applied Civil Procedure."  Like all clinicals at King
     Hall, the Civil Rights Clinical requires students to be in good
     academic standing and become a Certified Student Attorney by applying
     to the court before which they wish to practice (e.g., the Eastern
     District Federal Court in Sacramento.  This means that you must have
     at least a 2.0 GPA and complete courses in Civil Procedure and
     Evidence (concurrent enrollment in Evidence is permitted).  Students
     can enroll for upwards of two to six units of clinical credit, graded
     on a Pass/No Pass basis, but the total number of students who can
     enroll is limited, so sign up early.
          In addition to the general requirements of other clinicals, the
     Civil Rights Clinical requires students to complete a three unit
     substantive course in Civil Rights (graded) and a two unit Skills
     Seminar (Pass/No Pass), both of which are taught by Professor Johns,
     although the substantive course was taught by an adjunct during the
     Fall 1995 Semester. [Note:  Most clinicals have specific academic
     prerequisites.  See the law school class information bulletin for more
     information].  Many students take the substantive Civil Rights course
     without taking the Civil Rights Clinical, but the Skills Seminar is an
     integral part of the Civil Rights Clinical.  All Certified Student
     Attorneys in the Civil Rights Clinical must also attend a weekly one
     hour meeting, much like an office meeting at a law firm.

4.2.3.3.2)  What clinicals are available at King Hall?

     King Hall sponsors legal clinicals for virtually every field of the
     law.  For more information on how to sign up for a clinical in a field
     of law that interests you, contact Clinical Director Betsy Stewart
     (<mailto:ejstewart@ucdavis.edu >) at (916)752-6564.

4.2.3.4)  PROFESSIONAL RESPONSIBILITY.

4.2.3.4.1)  When should I take the required course in Professional
            Responsibility?

     Whenever it is convenient, but you need to pass this course to
     graduate from King Hall.  It is a one unit course graded on a Pass/No
     Pass basis.

4.2.3.4.2)  When should I take the Multistate Professional Responsibility
            Exam (MPRE)?

     Whenever it is convenient, but you need to pass the MPRE to become a
     member of the bar in any U.S. jurisdiction.  Application forms for the
     MPRE can usually be found in the King Hall Registrar's Office.

4.2.3.5)  Should I try to become a Course Tutor or Teacher's Assistant
          (TA)?

     Yes.  It has tremendous resume value, and if you intend to teach law,
     the experience is invaluable.

4.2.3.5.1)  What is the difference between a Course Tutor and a TA?

     Course Tutors are somewhat unique to King Hall.  All first year
     courses other than Legal Research and Legal Writing have Course
     Tutors.  There is also a Resource Tutor.  Course Tutors are paid for
     their time, and their job is to help students who ask for help in
     their coursework.  They tend to be very good students who did well in
     whatever course they are tutoring.
          In contrast to Course Tutors, TAs are unpaid positions for Legal
     Research and Legal Writing.  A law student who works as a TA receives
     course credit.  I had no desire to work as a Legal Research TA, but I
     did work as a Legal Writing TA, and I found the experience very
     rewarding, albeit extremely demanding on my patience and my time.

4.2.3.5.2)  What are the qualifications necessary to become a Course Tutor
            or TA?

     Assistant Dean Toni Bernhard (<mailto:aebernhard@ucdavis.edu >) is
     responsible for hiring Course Tutors and TAs.  Contact her at
     (916)752-0243 for more information.

4.2.3.6)  OTHER COURSES.

     The faculty presents a forum every year to help second and third year
     students make decisions about what courses that they should take.  You
     should attend this for the most current information available.
     However, I do have some general and specific recommendations:

          *    You should include at least one skills class in your law
               school education, such as Trial Practice or Negotiations.

          *    You should take advantage of the various classes that offer
               a paper as an alternative to a final exam for two reasons:
               First, instructors usually allow you to rewrite your paper
               to bring up your grade; Second, this will give you a knock-
               out writing sample, possibly of publishable quality.

          *    You should take Federal Income Taxation, regardless of your
               career goals.  This course is a prerequisite for many other
               law school courses, and taxation principles are key
               ingredients in any modern system of law.

          *    You should take most (but not all) courses that are
               designated as courses that you need for the California Bar
               Exam (Bar Exam).  In addition, there are many courses that
               are not specified as Bar Exam courses that are very helpful
               in preparing you for the Bar Exam:

               -    Administrative Law (3 units) (taught by Professor
                    Arturo Gandara <mailto:agandara@ucdavis.edu >);

               -    Federal Jurisdiction (3 units) (taught by Professor
                    John B. Oakley <mailto:jboakley@ucdavis.edu >); and

               -    Law of Elections & Political Campaigns (2 units)
                    (taught by Professor Floyd Feeney
                    <mailto:fffeeney@ucdavis.edu).

               I have heard that Conflicts of Law (3 units) (taught by
               Professor Fritz Jeunger) is also a helpful class in
               preparing you for the Bar Exam.  I couldn't fit it into my
               schedule, so I wouldn't know.  However, the July 1995
               California Bar Exam did include a performance test based on
               a conflicts of law issue.


4.2.3.7)  SPECIAL PROGRAMS.

4.2.3.7.1)  JOINT DEGREE PROGRAMS.

     You can work towards a graduate degree in another department of U.C.
     Davis while you earn your law degree (e.g., you can earn an M.B.A. at
     the Graduate School of Management).  If you chose to pursue such a
     program, you would take all of your classes at King Hall during your
     first year and after that divide your time up between classes at King
     Hall and the classes that are required in your other discipline.  You
     would be required to file a separate application for the other program
     and satisfy the admission requirements for that program.

4.2.3.7.2)  TAKING COURSES OUTSIDE OF KING HALL FOR CREDIT TOWARDS THE
            JURIS DOCTOR.

4.2.3.7.2.1)  Can I take courses in other departments of U.C. Davis towards
              and get credit towards my law degree at King Hall?

     Yes, but there are limitations on how many you can take (in
     combination with a number of other courses) and you must obtain
     approval before you enroll in courses outside of the law school.
     [Note:  Whatever grades you earn in courses outside of the normal law
     school curriculum at U.C. Davis will be converted to a Pass/No Pass
     grade, and the standards for a passing grade in these classes are
     higher than they are for non-law students.]  Check with Assistant Dean
     Bernhard (<mailto:aebernhard@ucdavis.edu >) at (916)752-0243 for more
     information.

4.2.3.7.2.2)  Can I take courses at other colleges, universities, or law
              schools for credit towards the Juris Doctor at King Hall?

     Yes.  In fact, many law students from King Hall attend other law
     schools for a semester or more.  However, there are specific academic
     prerequisites and other requirements, both at King Hall and at the
     other schools that help coordinate these programs.  Check with
     Assistant Dean Bernhard (<mailto:aebernhard@ucdavis.edu >) for more
     information at (916)752-0243.

4.2.4)  COMPLETING THE REQUIREMENTS FOR ADMISSION TO THE BAR.

     Many requirements for admission to the California State Bar can be
     completed during your second year of law school.  Complete your Moral
     Character Application ASAP.  See Section 10.1 for more information
     about these requirements.

- - - - -

End of document:

              The King Hall Law School USENET FAQ Part 5 of 9
             Frequently Asked Questions at and about King Hall
                         (c) Copyright 1995 & 1996

                                    by

                           David F. Prenatt, Jr.
                          King Hall, 1995 Alumnus
                         U.C. Davis School of Law
                         University of California
                           Davis, CA 95616-5210

                     <mailto:NetEsq@dcn.davis.ca.us >

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