Two Hats: P for Plaintiff and D for Defendant

I brought 2 hats with me into every law school exam.

I took the hats out and put them on my desk so I wouldn’t forget.

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.

First issue-spotter:

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.

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.

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?!

💌 Amanda

P.S. If you missed the point: Always give TWO different sides of EVERY issue in your exam essay.

P.P.S. If you’d like my sample IRAC essay, I sent it to the 258 1Ls who receive my special weekly email. Sign up to receive. You will also get access to all other secret Dear 1L letters. Sign up is here: writinglawtutors.com/dear-1l-letters/

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