Law school success, immigrants, and the American Dream

A change of pace today.

A lot of Larry Law Law is about how  — how to kill it in law school, become a great lawyer, etc.

But this post is about why, and weirdly, wherefrom.

(Yes, I just made up a word.  Put that in the Dictionary of Modern Usage, Bryan Garner!)

I like to think that Larry Law Law is about more than just law school and legal careers and what not.

I like to think that this site is a bit about the American Dream as well, and how each of us can help improve — ourselves and others — in pursuit of that Dream.

(I have Canadian students as well.  Insert “Canadian Dream” where you see “American Dream” and we’re not far off.  Except much of your country is colder and has better gravy-smothered French fries.)

I say this because many of us — myself included — are the children of immigrants.

Many of you all (my students) are children of immigrants, or immigrants too, having gotten to know many of you.

(Of course, many of you are not children of immigrants, but your grandparents or great-grandparents or someone at some point was an immigrant, so bear with me.)

Education is a big deal if you are the child of immigrants.  It’s a way out of the limited circumstances of your immediate life.

My family was never exactly poor, but frankly education was the only way I was going to get the hell out of Reno, Nevada (great question: what Koreans in their right minds settle in Reno, Nevada?  No one, that’s who.  My parents were obviously not in their right minds.)

I wasn’t going to be able to get out of Reno as an athlete or poker player or model (although my feet are pretty, I would say).  There was just school.

Funny, isn’t it, how excelling on something mundane like an exam or standardized test can be almost magical in how it can transform your life?

I’m not saying that we live in a complete meritocracy.  We don’t.

But under the right circumstances, killing it in school can make all the difference.

(If you didn’t feel this way, you wouldn’t be reading this blog.)

Mostly, it means more choices — more money, yes, but more experiences, more travel, more connections, more interesting people in your life — in short, more of a chance to make the world a little better and your parents proud.

Becoming a lawyer — already a difficult academic task in itself — in an immigrant family can mean status and pride if your parents come from a country where lawyers are respected, and practically can mean being able to navigate tricky stuff (taxes, lawsuits, immigration issues) that otherwise are frightening.

Sidenote:  In my case, “status and pride” meant that my dad would handout my Big Law business cards to complete strangers in the casino poker room where he used to hang out daily.

He would — I am not making this up — actually puff his chest out, hand a card to said drunk complete stranger, and boast “My son is a lawyer!”

Thanks, Dad.  I’m still waiting for a call from a drunk stranger in jail.  End sidenote.

Still, when I said that killing it in school makes all the difference “under the right circumstances,” what are those “right circumstances”?

Well, basically, in my view, even if you’re smart, you don’t make it on your own.

You also need people rooting for you, helping you up the ladder, helping you to make good decisions.

I went to Harvard as an undergrad.  (Hold on — I’m not saying this to impress you, I’m saying this to tell you what an asshole I was.)

I once visited a finals club — those exclusive social clubs for rich private school kids.  (A finals club is briefly shown, in exaggerated fashion, in The Social Network, an execrable movie, but whatevs).

These finals club kids had connections — their daddies or daddies’ friends got them fancy internships on Wall Street.  They had help — paid tutors (like me) when needed.  They had files at their clubs filled with old exams and essays (I saw this with my own eyes).

And at worst, their parents would support them financially if they messed up completely.

They had every tool, every means of keeping up good grades and getting jobs.

My reaction — when I visited the club, and every time I heard of some rich kid getting some fancy internship that I applied for and didn’t get — was defensive disdain:

“That’s not me.  Look at me, I worked hard, Daddy didn’t help me at all — he has no network and speaks Mr. Miyagi-like English (sorry Dad).  I got into Harvard all on my own without all this added help that these rich babies seem to get.”

But take a closer look at what I was thinking.

Only looking back can I see the terrible attitude, born of a scarcity mindset and envy.

Of course I wasn’t a rich kid like they were.

But in my moments of envy, thinking those bitter thoughts, I had utterly, horribly, ungraciously, ignored and forgotten every single person who helped me along the way.

My life was filled with mentors and people willing to help.  They steered me, encouraged me.

There were teachers, but there were other, older students who had been there.  Many of them (not all) were also the children of immigrants, but they had been there before.

I got into Harvard because of hard work, sure.

But it wasn’t just hard work.

I was lucky, too.

I went to a public school where there were older students who got into good schools (rare though it was), and those older students befriended me.

They were role models and advisers.  They made me see that it WAS possible to excel, even at a public school in Nowheresville, Nevada.  They gave me tactical and strategic advice and real encouragement.  And they gave me friendship without strings.

Even at Harvard, though filled with assholes (like myself), there still were many, many other friendly older students who were more than happy to give advice and and help me get better.

Even before and in law school, my life was crawling with mentors.

I did well in law school, I am positive, because a high school friend who had gone to Harvard Law forced me to have drinks with him.

He brought his BARBRI Conviser Mini Review book to the bar, shoved it in my hands, and told me to pre-study the law, to never write case briefs, to start to look at real exams when I arrived at school . . . does some of this sound familiar?

I am positive without my friend’s intervention that I would have, like, briefed cases (gasp!) or some other dumb thing in law school that would have resulted in bad grades.

And when I got to law school, there were other students, upperclassmen, always willing to help me or answer questions or make me think what I wanted to do was possible.  To me this is the key.

So, sure, I didn’t have the exact kind of network or benefits or riches that those finals club guys had.

But I did have my own, different networks and riches.

Many, many people helped me.

Any success I’ve had in my life was somewhat attributable to smarts and more to hard work, but a huge amount of it was luck in having people willing to help me — the right mentors to find me, guide me, and encourage me.

It was luck.  I could have received the wrong advice.  While I sought out mentors, I didn’t control which mentors would help me and if they had any clue what they were talking about.

Weirdly, in this narrow sense, we may have more control over the luck of others than the luck we receive.

That is, once we actually know what we’re doing, we may be better placed to bestow luck on others, to mentor those younger than us.

So, if I could leave you with one thing in this post, it is this:

Attain some success — in law school, as a lawyer, in life — and pay it forward, as soon as you can.

Once you have some success in something and can convey know-how that is useful to someone else, become a mentor and make luck for other people.

And pick mentees who can use the help — those who don’t have a network, don’t have riches, but have the desire and ability.

I feel like this is a great way to make a difference in life.

You don’t have to do it on a big scale or create an institution.

(And if you can help in a big way, do!  Save the world!  We need help!)

But, if I could ask you to do one thing, it is to be a mentor to someone else.

Answer questions, meet people for coffee, and help someone who can use it.

If Your Law School Grades Sucked, You Must Face Vader

Short TL;DR version: If your law school grades sucked, even if it makes your upper or lower GI tracts quiver a bit, you must face your law professors for feedback on your final exams.

That’s it.

Now, the longer version for people who as kids would have done well in the Stanford Marshmallow Test:

As I write this, it’s cold.  Where I am.  And in most places where you are reading this.

(Or what passes for cold if you go to law school in California or Arizona.  Or Texas or Florida…).

And maybe you feel . . . terrible.  And that’s compounded by the cold.

Sorry for that.

Most everyone in law school (except maybe the top 3 people in the class), at some point get some grade that they didn’t like and didn’t expect.

(And even number 2 and 3 in a law school class have an axe to grind with some professor or other for not being number 1).

This post is not about what to do differently in law school.

Not yet.  (I have lots of thoughts on that elsewhere.)

Later, in another post, plenty of tips.

For this moment, Kleenex and active listening, for you and for me.

First tell me what’s on your mind:  larrylawlaw at gmail dot com.  (I read every email.)  Or tell someone what you’re thinking and feeling.  Talk it out.

Along with that, here are other healthy, well-recognized ways to cope with the painful feelings you’re having:

  • Go for a vigorous run (or swim or bike or whatever).
  • Cry vigorously.
  • Go to vigorous therapy.  (Find out why you went to law school, while you’re at it.)
  • Have sex.  Vigorously.  (With someone you vigorously like and care about and are vigorously attracted to.)
  • Meditate.  (Vigorously.)

Kudos to the non-existent over-achievers who did ALL FIVE at the same time, with bonus points for juggling chainsaws and baby seals!*  (Vigorously.)

*(No baby seals were hurt, even in my imagination, as I drafted this.  So please relax.)

(And here is an incomplete list of unhelpful ways to cope:  drinking, recreational drugs, overeating, 12-hour video game sessions, 12-hours of “not being the master of your domain” sessions, liking pictures from 5 years ago on your ex’s Facebook albums, binge-watching crappy shows, getting in twitter fights with basically anyone, etc.  I’m not Nancy Reagan by any means — and it depresses me that I feel the need to include this link to explain the reference — but please trust me, guys, from personal experience, those other things don’t help you cope in the long term.)

Give yourself a little time.

Treat your feelings about law school like grief.  It is.  You are mourning the loss of something — the hope top grades and everything that may have meant to you (your identity as a perfect student, the pride of your parents and friends, being future Supreme Court clerk, whatever that might be.)

Mourn that lost optimism.  (It’s OK to say goodbye to it.  It was blind optimism.)

Then (and here’s the hard part):  Once you’ve digested those painful emotions, get ready for more painful emotions.

Once you can look at your grades and your past semester with less (but not zero) pain, talk to your professor.  

You must face Vader.  

(Please tell me I don’t have to explain that reference.  Darth Vader is not Nancy Reagan.*)

*(I am extremely proud of this borderline meaningless sentence.)

What I mean is:  you must face your law professors in ALL the classes you did not do well in (and, frankly, if you want to kill it in law school, I suggest visiting every prof who did not give you and A or A-).  And maybe even, to top it off, go to the profs whose classes you did ace.

BE SPECIFIC IN YOUR REQUEST FOR HELP.

Ask why you got the grade you did.

Ask in great detail about what it was that your prof liked and didn’t like.

Ask ask ask.

Ask to see your own exam answer, especially if it is marked up.  (Few people do this.)

Ask if you can see a model answer.  (Almost no one does this.)

And if your professor doesn’t give you a model answer, ask why you cannot see a model answer.

[Watch your professor faint or have his jaw fall and shatter on the floor.]

Now, for some of you (if you are a sensitive flower like me) this will be difficult.

But to be clear, do NOT:

  • Complain about your grade or about the class.  I have never heard of anyone succeed doing this.
  • Complain about the professor; or
  • Complain, come to think of it, at all.

And do not fool yourself (and you are the easiest person to fool):

Do not passive-aggressively ask questions about your exam while arguing that you did get everything your prof asked for.

So, I knew this guy (“This Guy”) from law school.  A year behind me.  This Guy was unhappy with his Civ Pro grade and went back to no less than to his professor, The Arthur Miller, and did this.

This Guy asked to see his exam.  The Arthur Miller spent one hour going over This Guy’s entire exam with This Guy.  This Guy kept arguing each point with him until The Arthur Miller blew up.

(To be clear:  The Arthur Miller is the legendary former Harvard Law Professor, now at NYU Law, who helped shape the modern Federal Rules of Civil Procedure.  He is not the playwright who married Marilyn Monroe, but maybe he wishes her were.)

To be clear:  This Guy gets an A++ for balls.  No fear, apparently, in badgering The Arthur Miller.

But This Guy gets a C- for having a growth mindset.

It’s funny that This Guy went for such small stakes — get a single grade changed — when he could have spent time learning from a master how to ace a law school exam.

Now, let’s be clear.  Even if you don’t take This Guy’s approach, and instead focus only on learning, you should ask and ask and ask what a good exam looks like.

BUT your professor may get angry with you anyway.

Grading feels subjective to them, I think, deep down in their bellies.  It does not feel super comfortable to decide the future of students in this way.

I do believe — much as I often crap on law professors — that they try to be fair.

But to come in to their offices with earnest questions, well.  If they get upset, know that you tried. And there is little most law professors can do to you.

(Did This Guy’s grade in Civ Pro get worse because he badgered The Arthur Miller?  No.  Was he going to get a recommendation or anything else from The Arthur Miller?  Nope.)

In any case, the point of this exercise is to learn.

To paraphrase Ramit Sethi, the point is for you to go from anger and disbelief and move to curiosity.

But you still have objections to facing Vader:

  • It’s awkward.
  • I’m too shy to do this.
  • Isn’t this weird?
  • The Arthur Miller has razor-sharp teeth and will EAT ME because I am a ginger.

Okay, except for the last, totally healthy and rational fears.  (I am not a ginger, so I’m safe!)

Let me be brutally honest:  do you want to excel in law school?

(Maybe — I am not being facetious — the answer is no, you don’t.  Maybe law school wasn’t your idea at some level.  But that story of law school as default option and subconscious sabotage is for another day.)

Even if you want to excel, it can be terrifying to see your prof.

You don’t have to deny or repress your fear, but you do have to face it and still perform.

(In fact, some recent research suggests that fear can help you.  There is an great new book on this, The Upside of Stress: Why Stress Is Good for You, and How to Get Good at It (affiliate link), which helped me recently.)

And here, all “perform” means is summoning the courage to ask your professor for feedback on your exam and seeing, with clear eyes, the quality of your exam.

Maybe this is the first time you got anything but As.

If you choose to rabbit-hole (a new verb I learned of that means “avoid your fear by living in denial” something that I have done more times than I can count myself.), then that’s OK do that.

But there is a meta-skill to be learned here.

Great lawyers perform despite feeling deeply uncomfortable (or maybe, as Kelly McGonigal would say in that book, because they were uncomfortable).

Most actual being-a-lawyer situations are anything but uncomfortable.

And you might as well get use to it as early as you can.

Think:  if you can’t ask a professor about your exam, how are you going to …

  • Give bad news to a client (when that case is critical)?
  • Face off against opposing counsel on a deal or a tough case?
  • Face angry questions from a judge — questions upon which your case depends?
  • Get a delinquent client to pay a bill?
  • Interview hostile witnesses when they have information that could make or break your case?
  • Interview friendly witnesses who you are pretty sure are lying to you?
  • Push back on a job review where a partner is lying about you?
  • Push back against a senior associate who is trying to throw you under the bus?

All of this stuff happens.  (I can say that because I went through most of the above as a practicing lawyer.)

Even more, situations like these not only involve the ability cope with uncomfortable emotions and anger from other people.

These situations involve another critical skills that all great lawyers have:  having a realistic understanding of situations.

How can you give your client good advice if you don’t know all the facts, good and bad?  How are you going to deal with opposing counsel and avoid being blindsided unless you know all the angles?

So you might as well start learning the skills of managing discomfort and getting a realistic and precise understanding of what your professors were looking for and why you missed that.

Also, let me flip this around:  What is the worst that could happen to you if you ask?

Don’t get me wrong.  Sometimes it hurts to ask.  (“Hey, it’s me. Friday night, I was thinking we could have the Johnsons over for some light couple-swapping… Honey? Hello?”).

Nothing happened, in the end, to the guy I know who went to Arthur Miller.  There is no invisible blacklist for people who were obnoxious with a law professor once or twice.

And here, your grade is already in.

It won’t get worse if, worst case, your professor gets angry at your for asking why you got the grade you did.

(It won’t get better, either.  Again, please be respectful and don’t complain or argue for a better grade).

But it is your choice:  Will you let your fear and desire to avoid uncomfortable feelings stop you from getting the very information you need to correct course in law school?

And, if so, are you reinforcing a habit for your future legal career, in which fear and a desire to avoid uncomfortable feelings will stop you from doing what you need to do for yourself and for your clients?

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