Two Hats
Dear 1L, My secret to law-school exams was wearing 2 hats.
I wore them in all three bar exams I took, too.
One hat was pink, pale pink;
the other blue, denim blue.
And no, I was not going koo-koo.
Each hat had a letter on it—P in pink for the plaintiff, and D for the defendant in blue.
I assigned each character in the hypo as P or D, and then I started my quick-change act:
FIRST, I put on my P hat and read the fact pattern.
I played P’s lawyer and looked for clues:
-how can I sue?
-which facts will help me?
-what are my strongest points to win against blue?
I brainstormed possible claims, made lists of relevant facts under each one, and came up with a plan to make P’s case with respect to EACH discrete element of a claim or factor in a legal test.
I then quickly scribbled it down in a rudimentary outline.
I did it the old fashioned way, just pad & pen.
SECOND, I removed the pink hat—quite abruptly, as I had to move fast.
I then donned the blue cap and started again.
I was now on team D and I had my work cut out to do.
-how can I defend against P’s claims?
-which facts will help me?
-what affirmative defenses must I prove?
-and, of course, do I have a chance to counter-sue?
I scribbled down D’s lists & forged a different plan, again proceeding issue by issue.
THIRD, it was off with the hats, just me again.
It was time to recall case-law and policies to fill into my penned outlines. Deep into my memory book I would go.
FINALLY came writing time.
I had to do it swiftly.
I had to make ALL the best points for each side.
I couldn’t be sure who would win on any claim, after all.
BUT: having been through my hat acts, I had a big fat clue.
I simply asked myself,
-which side’s case was easier for me to do?
Usually, it was in my gut and I knew.
I made an educated guess at the final conclusion, added a “because,” and explained which side had the stronger case and why.
***
And so, dear 1L, I wonder:
Might my hats help you?
(And yes, I mean all of the above figuratively. But wow, wouldn’t that be something if someone actually did this literally?!)
I’m sending you all the greatest positivity for this tough month ahead—
Fondly,
💌 Amanda
#Dear1L
P.S. Want more like this? Visit my website, Dear1L .com. All my content is there—still free for all of you. You can get my newsletter for writing tips and book updates there, too.