Saturday, August 30, 2008

Impressions from the First Week

One week at FSU College of Law is in the books.

Again, I am enjoying my time here. Some of the most memorable things from the week include:

1) The best "welcome to law school" moment: Monday morning, the 8 am class, Civil Procedure (my first law school class ever). Approximately 80 people are in class with me, but I am only one of perhaps two or three others who do not use a computer. The professor begins lecturing, and I hear a cascade of typing on keyboards. I don't think I've ever been in a room with almost 80 people typing at once. I felt like I was being left behind, but I know that I can take and organize my handwritten notes faster than I can type.

2) My favorite entrance by a professor: My Contracts I professor walked into our first class wearing a suit (all the law professors wear suits- they don't dress down like other professors I had as an undergraduate). He had emailed us a reading assignment prior to the first class, just like all my other law professors. The first thing the professor says is, "This is Contracts I, right?" Then he looked at one of the students. "Mr. Smith, tell me about Hawkins v. McGee." The girl sitting beside me exchanged a "Holy Smoke!" look with me, and away we went on an intense discussion about expectation damages.

3) One of the most important lessons learned: In Torts class, I had my eyes opened as to how complex the law can be and that, just because you pass the bar, doesn't mean you are an expert. We studied cases this week where a judge flatly misquoted the law and then another case where a litigant, if he had a good lawyer, almost certainly would have won rather than lost his case. I did not see the errors of the judge or the lawyer upon reading these cases the first time. The professor had to point them out to me. As a lawyer, I will be having a profound impact on people's lives. What I am learning in my classes right now is vital to being able to provide them with the best service they can get.

4) Another lesson, but one that I already knew: Time is valuable and precious. There haven't been enough hours in the day to study, exercise, eat and sleep. And if I don't end this blog right now, the Suwannee room will close before I can have dinner.

Until Next Time,

Nathan Marshburn

Monday, August 25, 2008

Finding Satan

I suppose that for as long as I live and can remember anything, I will remember that the first case I read in law school was "Mayo v. Satan and His Staff" in Civil Procedure class. We discussed the case some today, the first day of classes. We will continue talking about its implications tomorrow. Filed in the 1970s, the case is about a man, Mr. Mayo, who tries to proceed with a complaint against the devil for violating his civil rights.

One of the points of studying this case is to show how civil procedure operates in terms of identifying jurisdiction and serving notice upon the defendant.

I like my classes and the reading, though I'm having a hard time staying awake right now. It is just past 7 pm, and I've been going pretty much non-stop since 6 am. The early mornings are probably what I will like least about law school.

There seem to be quite a few transfers to the 2L class here. When I first arrived, I learned that last year's class was about 190 students. The administration wanted around 205, so they probably granted some transfers to try to get that number up.

205 was their goal again for this class, I believe, and we are somewhere around 240 students. This probably means that the likelihood of getting a transfer to FSU next year for 1L students at other schools is not good.

The law library here is relatively small and quiet. Most of it is a "no-talking" zone. At WCU, I used to roam the floors of Hunter Library looking for people I knew so that I could speak with them. Here, the students stay intense in their studies. I get the feeling that to walk up and start a conversation would not be as welcomed as at WCU.

I really like it here, though, and I feel like I am in my element. There are a lot of smart students at FSU College of Law, but so far at least, I think I can hang with them.

Well, I'm off to eat at the Suwannee Room Restaurant again.

Until Next Time,

Nathan Marshburn

Wednesday, August 20, 2008

Day One

Today was the first day of orientation at Florida State University College of Law.

I got up at 6 am, caught the Tallahassee Metro bus at 7:00 am with my bike stowed on the front of the bus, rode as close as I could get to the law school, then biked the rest of the way to arrive at about 7:45.

Things are early, of course, but I think I am going to love this.

It was important to be here for orientation, as the admissions staff finalized the class count today. If I understood the Dean of the Law School correctly, the staff was somewhat surprised by the number of students who showed up. Last year's class was 190 students, a little shy of the number they wanted. This year, the count was 240, about 35 more students than their goal. I guess no one on this year's waiting list for FSU law received a last minute phone call. I also learned through this process that the number of seats for an entering class is not a "set in stone" figure. More people accepted FSU's offer of admission than they anticipated.

Thus far, nothing seems to be over my head. I do not really like the fact that my entire grade for every class will come down to the final exam, but as one professor said, the idea is to put the same kind of pressure on you as in a trial. It is a one shot deal. If you are arguing before the Supreme Court, the justices don't grade you on your preparation three months before you present your argument- they only judge your argument. A few hours in front of them is all you have... Three hours on the final exam will be all I have to show I understand the material.

Tallahassee is a nice town- much smaller than I expected for the capital of a state like Florida. There are only one or two buildings that you might call high-rises. Raleigh, NC seems to be a much busier place.

The campus of Florida State is large, with about 40,000 students attending. The football stadium is the most prominent structure on campus, and I rode past the statue of Bobby Bowden on my bike today, outside the main entrance to the field. At Western Carolina University, where I earned my bachelor's degree, I enjoyed leaving my car parked for days if not weeks while I walked to class, the library, the gym, and the cafeteria. I can't do that here. The gym is just too far away at FSU for me to take the trouble to go there just to run on a treadmill. I visited it today, though, and it is a beautiful state-of-the-art facility with three floors. The third floor is an indoor track.

The most surprising thing from day one was the food. Man, am I going to eat well in law school! I have no gripes about the food at WCU. It was good fare that kept me healthy all year. But at FSU, their all-you-can-eat location, the "Suwanee Room" is like a restaurant. It is better than Golden Corral. I felt like I was eating at the Olive Garden and Applebees and KFC rolled into one. The dining hall itself was massive with medieval style architecture that made it look like it belonged in a Harry Potter movie. I told one of their managers how good their food was, and he replied with a smile, "Yes, sir. We are a restaurant. We are not a cafeteria."

I am very glad I purchased a meal plan with block meals at the Suwanee Room. The only advantage WCU had was that I could walk there. At FSU, I have to drive and struggle to find a parking space before I can eat.

Today was a very full day. I could go on an on about the people I met, my living quarters, how great my parents were in helping me set up...

But tomorrow is another full day. I will have to be at the law school before 8 am more days than not this semester, so I'm going to get some rest.

Until Next Time,

Nathan Marshburn

Thursday, August 14, 2008

The Advice from My Volunteers

Very soon I will head down Interstate-95 toward Florida.

This summer, I ran concessions for classical music concerts at the Brevard Music Center in North Carolina. A number of volunteers worked for me on the days of the concerts, selling the items we had set out.

Talking to them was my favorite part of the job. Most of my volunteers were retirees, and they told me great stories about their life experiences. One couple, the Taylors, have a son who is currently a lawyer specializing in intellectual property in Seattle. He went to law school at the University of Virginia. Mr. Taylor said that after his son had been at law school about three days, he called home and said, "Dad! These people are smart! I don't know if I can do this!" But Mr. Taylor assured his son that he was intelligent as well and just to keep going.

I imagine similar feelings will hit me once I start at Florida State.

Another volunteer who worked with me had practiced law for 40 years in Indianapolis. He earned his law degree from Northwestern University. I especially enjoyed hearing his stories. To my surprise, he said that he actually enjoyed law school more than his undergraduate years.

I asked him what kind of law he practiced, and he said he was a "door" lawyer.

"A door lawyer?" I asked. "What is that?"

"That means I took whatever came in the door," he replied.

He told me to expect some strange things in law school. When he was at Northwestern, sometimes a professor would assign a special reading to be done in the library, and he would find that the book had disappeared.

He also went to school with a student derisively nicknamed "Razor." The student earned this nickname when someone saw him using a razor to slice cases out of a law book in the library.

I asked him what mistakes he made as a lawyer that I should strive to avoid, and what things did he really do right that he would emphasize to me.

After some thought, he told me that he once was sued for malpractice because he misunderstood the timeline for filing an appeal and subsequently went past the statute of limitations.

"I guess the moral of that story for you is to be darn careful," he said. "Know what the deadlines are and don't wait until the last minute. File your paperwork three or four months before the deadline."

As far as successes, he told me to give my clients proper attention and great service. Work late hours for them, he said, and keep them informed of what you are doing. If you provide them with good service, they will come back to you and recommend their friends to you as well.

I appreciated the advice of the volunteers this summer, and if I ever get back to Brevard I hope to see them again.

Until Next Time,

Nathan Marshburn

Wednesday, August 6, 2008

The Importance of the LSAT

As I said in my first blog, your LSAT score and GPA are the two most important factors in acceptance to law school. And most likely, a high LSAT score is better than a high GPA.

LSAT stands for Law School Admission Test, and it is offered only four times per year. The lowest one can score on the LSAT is 120. The highest is 180. Of those who take the test, the average score is 150. The average LSAT score for some top rated state supported schools (at least for those I looked at in the southeastern United States) such as the University of North Carolina at Chapel Hill, the University of Georgia, the University of Alabama, the University of Florida and Florida State University is above 160. To be considered for an Ivy League school, you probably need a LSAT score of around 170.

I'll tell you a personal story from my application experience that illustrates the importance of the LSAT:

The University of Arkansas is one law school where I applied. They are unique among many law schools in that they provide you with a formula on their website that allows you to plug in your LSAT score and GPA. If your LSAT and GPA are high enough, then you can tell before you even apply whether or not you will be accepted at the University of Arkansas (provided you don't have other negative marks against you like a criminal record). The university does admit students who score below the cutoff of their formula, but these admittances are few as I found out first hand.

I took the LSAT twice, in December 2007 and February 2008. My December LSAT score combined with my GPA was not enough to be automatically admitted to the University of Arkansas. They sent me a letter of rejection but invited me to write an essay in competition for the handful of slots they would have for people who scored below the formula cutoff. They advised that I would be competing against hundreds of other applicants for these few slots.

My February LSAT score was higher, high enough to be automatically admitted to the University of Arkansas. I called their admissions office and told them my situation. The admissions officer said the school would have to wait for my official LSAT score to arrive, but that I should be admitted. Sure enough, two weeks later I received a letter of admission from the University of Arkansas, along with a scholarship offer that reduced tuition to the in-state level.

My February score was only two points higher than my December score.

Two points on the LSAT was the difference between rejection and admission at the University of Arkansas with a generous scholarship offer. I was very happy to be admitted to Arkansas and made plans to go there until a school in my native state of North Carolina admitted me with a financial package that topped Arkansas's offer.

So what can you do to improve your LSAT score? Unfortunately I don't have groundbreaking advice. The LSAT is a difficult thing for which to study. I suppose a good vocabulary would not hurt as some of the reading can be challenging. But the LSAT tests the way you process information, and that is probably a difficult thing to change.

I can't speak to how well improvement courses or seminars may work as they were too expensive for me to gamble upon. I took two timed practice tests at Western Carolina University, and my score on those were virtually identical to what I scored on the real test.

As I said, I only scored two points higher on my second attempt, but I did try a different strategy. The first time I took the test, I made sure I went to bed early to get rest, though I really didn't sleep well. During the first test I had too much energy and experienced some trouble concentrating. When I left that test, I did not have a good feeling.

Then I remembered a story that Hall of Fame second baseman Joe Morgan told about fellow Hall of Famer Willie Stargell. Stargell played for the Pittsburgh Pirates, and Morgan for the Cincinnati Reds. One of the teams came into town to play the other, and Morgan and Stargell went out together for a night on the town. After a while, Morgan said he had to go home to rest before the game the next day. Stargell teased him for leaving early and stayed out himself partying late into the night. The next day, Stargell hit two home runs as the Pirates beat the Reds. As Stargell rounded the bases after his second home run, he said to Morgan, "Rest is overrated."

With that idea in mind, the night before my February LSAT I went out and had a good time. I found a gathering just off campus and did not get to bed until about 2:30 am. The test was at 8 am that same morning.

I was tired when I got to the test, but it turned out to be a good thing. I was able to relax and focus on the questions, and my sleepiness gave me a sort of careless attitude that eliminated the anxiety I felt during the first test. Unlike my first attempt at the LSAT, this time I completed each section with time to spare, and I left feeling I had done about as well as I could do on the test.

The results bore it out for me. While this may not be a wise strategy for everyone, I can only offer advice that helped me. The LSAT is very important in admittance to law school, but it helps to find a way not to think about that while you are taking the test. I thought about it a lot during my first time taking the test. The second time, I was tired and just focused on the questions and answers in front of me.

Hopefully, this will help some people.

Note: I recently went back to the Arkansas School of Law website, and it has changed. Apparently, the formula is no longer published.

Until Next Time,

Nathan Marshburn

Monday, August 4, 2008

Health Care is More Important than Law School

It is now August 4th, and I am counting down the days until I head to law school. It looks like my destination is Tallahassee, Florida and my school will be Florida State University. I regret that I have not posted more blogs in June and July, but frankly my summer job has kept me a little too busy to do much thinking about law school.

I work at Brevard Music Center in North Carolina. It is a beautiful little town, unique for its white squirrels (which are not albinos) and breathtaking scenery in the Appalachian mountains. Each summer, some of the best musicians in the country come here to play classical music, learn from each other, and have a good time. There are many people here from Florida State, as I learned that FSU has one of the best music programs in the nation.

One of the friends I made this summer is Emily, a Ph.D. candidate at FSU in music theory. Her husband, Oscar, just finished his first year of law school at FSU, so I am fortunate to meet them.

More will come in future blogs about FSU College of Law, as this site is dedicated to that purpose. However, this one time I want to talk about something more important than law school.
About a week ago, Emily's brother, Bill Swift, rode into town on a bike-- all the way from Oregon. He is riding across the country to raise money for a friend, Tausha Marsh, who was diagnosed with cancer at the age of 24. At the age of 28, she was diagnosed again with a totally different type of cancer. Since these diagnoses, she has engaged in a battle for her life. There is one part of this battle, however, that she should not have to fight. Nonetheless, it remains a staggering obstacle:

Because Tausha has cancer, her medical expenses have driven her and her family into over $150,000 in debt. She faces perhaps another $150,000 in medical expenses as she continues to fight the disease.

Because Tausha has cancer, her family faces financial ruin. How can that happen in this country? Imagine yourself, having worked hard your entire life, saving money, planning wisely. And then a diagnosis of cancer hits you or one of your children- or a car accident happens that wasn't even your fault. It can wipe out a lifetime of savings and reduce you to poverty.

I ask again... How can that happen in this country? Things like this do not happen in England. They do not happen in France, or Germany. They do not happen to members of the United States Congress, our elected leaders who also have the best health insurance plans in the world.

This is a subject about which I have written before. See the links at http://wcugradstudentblog.blogspot.com/2008/03/open-letter-to-candidates.html and http://www.cjr.org/campaign_desk/a_health_care_conversation_ope.php. But to hear the story of Tausha Marsh awoke me from the dull exhaustion of the summer to take up the matter again.

We as U.S. citizens are privileged people. I can write this blog criticizing our government and elected officials with no fear of being thrown in jail. Just because we have freedom of speech, however, does not mean the citizens of America are not under attack from a cruel system. Americans are some of the hardest working people in the world. We often work multiple part time jobs-- 60 hours a week or more-- and still take time to raise families. People in this country accept jobs for a ridiculously low minimum wage and no medical benefits.

Frankly, most of us are just too busy working and surviving to think about changes in the health care system. Much less are we able to summon the time and energy to actually get out and fight for these changes. It's a situation that has progressively gotten worse in this country. The middle class disappears as a working poor emerges and the rich become richer. I saw it most plainly in the housing and residences of our nation's capital, Washington, DC, where I worked as a mailman. Americans do not suffer under an iron dictator the way the Russians did under Stalin or the Iraqis under Saddam Hussein. But we have been lulled to sleep by a system that overworks us and constantly tries to reduce what we should expect from our government and from the companies where we work.

I say to the our political leaders: No citizen of America should be denied health care coverage due to cost. This is a right as human beings we should all expect from a country as great as the United States.

Bill Swift is an American hero, a person who is actively trying to pick up the ball where government and politicians have failed us. He is trying to raise money to fight the debt Tausha Marsh should never have to think about in fighting cancer. I encourage you to view his website and do something for the cause. It is http://www.whydoiride.org/Site/Home.html.

And this blog is a call to action for the ordinary American as well as for those in power who run the corporations and government of America. We may disagree on how to fix the problem. Some people who read my blog for Western Carolina University say socialistic medicine is not the answer. One suggested that I read Milton Friedman's ideas on how to solve the health care problem. Friedman was decidedly not a socialist-- and that is fine with me. I would sign on to his plan and say, "Full steam ahead!" Because we need to try something... anything. The current system is tragically broken.

To paraphrase Franklin Roosevelt, a man's whose leadership we could use today: If one thing doesn't work, then try another. But above all, try something.

Stories like that of Tausha Marsh are not only sad, they are sickening and a black mark against the United States. We should all feel ashamed that things like this happen in our country. The time is now to overhaul the system. We can do it and do it successfully. If we have the money and resources to rebuild Iraq, then we can certainly fix our health care problem.

Fortunately, I am going to law school where I hope to learn more about how to change the system. This one issue is enough to tempt me to enter politics, though I doubt I have the credentials or the temperament to last long in that arena. People like Emily's husband Oscar, a man of my generation who is an Army reservist and has served America by going to Iraq, probably better represent mainstream Americans. Health care is a problem that is not going away, though. It should remain foremost in all Americans' minds and actions until those in power move to change the system.

Until next time,

Nathan Marshburn