Saturday, January 30, 2010

Orlando and a Mock Trial Competition

Last week in Orlando, I competed in my first Mock Trial competition against other schools. During the fall semester, I participated in an intramural competition, and last year at this time I had just completed tryouts for the team.

Overall, I was pleased with my performance. Florida State sent two teams to the competition. Out of 20 overall teams, one of Florida State's made the top four. Unfortunately, my team did not make it that far. It was still a great learning and confidence boosting experience.

Congratulations to Alex Weaver, Bradley Bodiford, Kerven Montfort, and Ryan Hoyle for advancing to the semifinals.

I learned a couple of things by watching these guys in action in the semifinal round: Some Mock Trial members absolutely play better than they practice. These guys really stepped up when it was game time and came through in the clutch. Alex Weaver showed me how you "impeach" a witness to perfection. Ryan and Alex's objections were spot-on as well. They caught the other team in numerous errors.

After it was over, we had an afternoon and an evening to enjoy Orlando before we headed back to school. I'd never been to Disney World before, and so we spent the evening walking around "Downtown Disney."

Disney World is not like I imagined it. The place is larger than many towns, and it has its own highway system similar to an interstate with exits. I expected it to be one large theme park with everything crammed together. On the contrary, though, when we first entered the gates, we drove on roads with nothing around us but trees and open grassland. You had to take separate exits to get to the Magic Kingdom, the Epcot Center, Downtown Disney, etc.

Downtown Disney was all we had time to see. I ate a great dinner at the Rainforest Cafe. The inside of the restaurant was like a jungle with moving animals and hundreds if not thousands of green plants. Every 20 minutes or so, the lights dimmed and we had a "thunderstorm" that stirred up all the animals in the restaurant. The Lego store was also impressive with its huge models of sharks, tranformers and other characters. I was never much into Legos as a kid, but it amused me to see everybody else from the team revert to children and begin playing with the Lego blocks outside the store along with toddlers and infants. Finally, one of our team members said, "Okay, time to stop. That Lego had spit on it."

Orlando is a great town from what I saw of it. It is the Florida that I envisioned upon being accepted to Florida State Law- a big sky with sunny humidity. We walked around in shorts and t-shirts at night. Though I have no complaints about Tallahassee, Florida's capital is more like south Georgia, Alabama, and Mississippi than Orlando or Tampa or Miami. Tallahassee is the Deep South, with huge magnolia and oak trees covered in Spanish moss. Orlando, on the other hand, is a brightly colored, sunshine-lit playground for kids and adults from all over the country.

I enjoyed Orlando and the competition. It was both a fun and useful trip. Making the Mock Trial team and being able to obtain experiences like this is one of the best things to happen to me since I've come to Florida State Law.

Universal Health Care Now,

Nathan Marshburn

Sunday, January 24, 2010

Woodser

On Friday night, I hopped aboard a neon-lit bus along with dozens of my law school colleagues. We rode out of Tallahassee onto Interstate 10, heading east, our destination unknown to all but a few. After about 40 minutes, we took a turn south on a country road. Eventually, we arrived at a farm with horses and other pasture animals. A campfire was going, and a friendly German Shepherd greeted us as we jumped off the bus.

I had a little sympathy for the bus driver, as many of us were already feeling quite friendly by the time the bus stopped. The driver had to put up with numerous high-fives, slaps on the back and even a few hugs of thanks from students happy to be there.

It was a grand time.

Both years that I have been in law school, the Student Bar Association has put on a social called "Woodser" during the spring semester. It easily sells out the available spaces. "Party buses" load us up from the law school and haul us out to the middle of nowhere to enjoy beverages, S'mores, and marshmallows around a bonfire. Life really does not get much better than this- at least in my experiences thus far.

It took me a while to learn this lesson. I was too serious and rigid during my undergraduate years. But after graduation from college, time began to speed up. As I quickly got older, I realized that perhaps I had missed out on some things that I should have taken time to enjoy.

Going back to school has given me the opportunity to go back in time in some ways. Law school is serious and I am working very hard to succeed here, but when an opportunity like Woodser comes along, I now grab it.

The rush I experienced at Woodser was the same that I experienced on the first day of classes this semester. Many of the students were not too happy to be back, and I had to smile when some referred to this as a "grind" or "the real world" on their Facebook status. I spent most of the Christmas break here in Tallahassee practicing for a Mock Trial competition. The law school was an empty and lonely place then. But the atmosphere completely changed once the students came back. It charged the air, and I couldn't help but look at the faces in my Business Associations class on that first Monday morning and be happy.

But time continues to move so ridiculously fast. I am constantly aware of it, of how fleeting everything is. Law school is already halfway over, and it has been just a flash. So at Woodser, I took the time to enjoy the beverages and the warmth of the fire. I enjoyed looking up at the stars and picking out the constellations. I enjoyed the uninhibited laughter, jokes and other conversations of these unjaded students. I enjoyed flirting with the beautiful girls around this campfire, literally some of the most beautiful women in the world.

No matter how much money you make or power you acquire, it will be difficult to find more happiness than moments like this. I am lucky to be a student at Florida State Law, to be accepted as belonging around the campfire at Woodser. I am enjoying it while it lasts.

***

I encourage Congress to keep working to pass the health care bill, and I ask for at least some Republican support. Most people are not as fortunate as us who are in law school and can go to socials like Woodser. Many face financial ruin and even death in the very near future because health insurance companies will not accept them for coverage. This is wrong. America must overcome its fear of change and take the steps necessary to give all of us the right to pursue a happy, healthy life. Again, in this country no one should die because they can not afford health care, and no one should go broke because they get sick. The time for change is now.

Nathan Marshburn

Saturday, January 16, 2010

"So What Kind of Law Do You Want to Practice?"

"So what kind of law do you want to practice?" This was the most common question I got from my aunts, uncles and cousins over the holidays during our family gatherings. It is a question almost always asked of me by prospective law students visiting our school.

It was a question that I asked of other law school students when trying to decide what school to attend, and I was surprised when I heard third year students say they did not know. I thought it indicated a lack of focus and purpose on their part.

I used to have an answer for this question. In my personal statement on my law school applications, I believe I expressed an interest in immigration law and labor or employment law. There were solid reasons for my desire to work in these areas, and I was certainly sincere about it when I wrote my personal statement.

Now, though, being half way done with law school, I realize that question, "So what kind of law do you want to practice?" is largely an irrelevant one. I've stopped asking it of my colleagues, and few students in my class ask it of me anymore. The more popular conversation goes: "So, have you landed a job yet? Oh, really? That's great! What kind of law does that firm do?"

Perhaps it is the nature of the economy right now, but students really can't afford to be choosy.

On a personal level, I've discovered that I like just about all areas of the law. But I am not really passionate about any one branch, either. My chief concern is the Florida Bar Exam. That should be the most challenging academic test I ever take. Frankly, I haven't enrolled in classes in immigration law and labor or employment law because those subjects are not tested on the Florida Bar Exam.

Law school is competitive. My strategy is to take subjects that are tested on the bar exam, and mix in subjects that will strengthen me as an all-around litigator. I made the Mock Trial Team last year, and I landed a job last summer with a firm that does a lot of litigation. I take my cues from this that perhaps litigation is what I am best at, but who knows what kind of job I'll end up doing?

In law school, students don't have a "major" or specialization. Depending on the school, you can earn certificates in certain areas of the law, though, to complement your Juris Doctor degree. The Environmental Law program at Florida State is one of the best in the country and probably our most popular certificate program. But I've stayed away from environmental law classes in part because once again, this is a subject not tested on the Florida Bar Exam.

Even with a certificate in environmental law, it is not guaranteed that you will find your best employment opportunities there. Though what I am about to say is arguable, I have heard from professors and students alike that employers really do not care what classes you take in law school, as long as you do well in those classes.

I know a student who graduated last year and landed a job in admiralty law in Tampa. He knew nothing about admiralty law. He asked his employers after getting the job if he should take the course in admiralty law offered at Florida State. The employer did not insist upon it, saying he would learn what he needed to know on the job.

As one of my professors said, if you've taken classes in the area in which get hired, it will just make your first six months on the job easier.

One of my trial advocacy professors told me he was passionate about employment law when he was a student, and focused his studies on becoming proficient in that area. When he graduated from law school though, none of the law firms specializing in employment law offered him a position. Instead, he found a job doing medical malpractice defense and has done that now for over 25 years.

I've met lawyers who have practiced employment law for many years, yet when they were in law school took no classes in this area. They got their jobs through chance and connections.

So, what kind of law do I want to practice? The short answer is, "I do not know," and that answer does not indicate any lack of focus or purpose on my part. I am not worried about it. FSU College of Law opens many doors for its students, and I'll land in good place.

Universal Health Care Now,

Nathan Marshburn

Saturday, January 9, 2010

Academic Careers and Law School

Law school is half-way finished for me now, though it does not feel like it. This semester will be more academically challenging than the last one, and the Florida Bar Exam awaits me as soon as I earn my degree.

After completing a year and a half of law school, I still think I made the right choice. I am pleased with the number of opportunities which will be available to me.

One career path that is probably off limits to me now, though, is that of law school professor. I never had a particular desire to teach law, but upon enrolling at FSU College of Law, who knew what possibilities might exist for me or what might strike my interest?

After a year and a half, though, I've learned that the job of law school professor is probably one of the most coveted in all of academia. The group of tenured professors here at Florida State Law is easily the brightest collection of individuals I have ever met in my life.

During a brief stint as a newspaper reporter, I had to laugh when one of my news editors made a comment about college professors. "Academia," he said, "is a zoo for the eccentrics who can't make it in the outside world." I was a history major in college. While I loved my professors and they were also some of the smartest people I have ever met, I could see where my editor was coming from. The eccentricities of my history professors made them endearing. They had earned their insulated places in ivory towers, and I would be quite happy if I had the intelligence to join their ranks.

My editor's quote is not true of law school professors, though. One of the reasons that their job is so desired is that, in addition to all the benefits included in being a university professor, they are very well compensated. You can expect to earn a six figure income as a law school professor at a school like Florida State. Law professors are paid better than faculty in other disciplines because law professors could easily leave academia and pick up the same type of salary working for a Fortune 500 company.

Coming into law school, I did not know my potential. Learning what I am capable of is part of the competitive jockeying that goes on throughout law school, but most intensely during your first year. I have hit a ceiling, along with 99% of all other law school students, if I want to teach law.

I think it is fair to say that there is a gap in intelligence between the average law school student like myself and the average person on the street. Hopefully, I do not sound arrogant with that statement. I make it only to say as well that there is probably just as large if not a larger gap between my intelligence and the intelligence of the tenured professors here at the College of Law. In some classes, particularly those dealing with business transactions, they can run circles around me and make me wonder if I deserve to be in this law school. I hope that they are not privately wondering the same thing about me.

To put it even more succinctly- I am not smart enough to be a law school professor, or at least not a law school professor here. There are those in my class who are, though. In fact, an FSU College of Law alumnus is one of the tenured faculty here.

But if you desire to go to law school and eventually teach law, it seems to me there are three things you must do to achieve success:

First, go to the absolutely best law school you can get into, with no exceptions. It is extremely difficult for someone who graduates from FSU College of Law (currently ranked the 52nd best law school in the country) to land a faculty position at one of the Ivy League schools. Most of the professors who teach at FSU earned their degrees from one of the Ivy League schools or other top private law schools in the country.

Second, once you are in law school, make the law review. This is the most prestigious organization in law school, and it will open many doors for you.

Third, publish as much legal writing as you can, both while in law school and after you graduate. When FSU loses one of its law professors, it is usually because that professor has been publishing, made a name for himself or herself in some area of the law, and has been asked to join the faculty of a more prestigious school. Professors from lower-tiered law schools move up to earn teaching positions at FSU this way as well.

This is my take on academic careers and law school. I am certainly not an authority in the area, but I appreciate the opportunity to be around very intelligent people and to learn from them.

Universal Health Care Now,

Nathan Marshburn