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would seem to me that the induction is hardly sufficient for a safe conclusion.
If a similar study could be made throughout a considerable number of law schools, more might be learned. Even then there would remain the question how the same high school students would have done had they had the benefit of a college course. Further, It would seem that there would be safer re sults if the comparison should be made between equal numbers of students of the two groups in question, previously selected because ascertained to be man for man of prac tically equal natural ability. This it is at once admitted would not be an easy process. Perhaps it is not impossible.
After all, gentlemen, we know that education does not make the lawyer. All in the world that our schools can do is to give the young man an opportunity, and then what he does with it is for himself to determine. If these considerations are sound, Mr. Chairman, it would leave in the field of training young men to be lawyers three groups of schools: Those schools which should seek to prepare as many young men as possible to pass the bar examinations; and that is easy enough, of course, in the wisdom or lack of it in the basis of such examinations. At the other end would be the university law school, having university ideals, and aiming to train the minimum number of highly trained young men in the hope that they will on the whole be of the largest value, and in the further hope that some of them will be of the greatest possible value to society and to their profession; and there might also be a third group, intermediate, adapted to train students who have not had more than a high school education.
I can easily see that schools might be doing a use ful work in that way.
It is curious that this question, which today suggested itself to our minds as a fundamental question, is of such recent srigin. When I entered the law school and when I was admitted to the bar—and I am not yet venerable-neither the law school nor the examining committee concerned themselves about this matter. The oldest law school in the United States exacted no examination of the men who applied for admission to its classes until some time in the 70's. To-day there are still law schools which admit to their classes any person who applies for admission. I have in my mind at this moment one of the oldest law schools in the United States, founded in 1847, which advertises in the newspapers that it admits students without any examination. But we may congratulate ourselves that the number of schools which admit without examination is very few.
Indeed, they are discredited with the profession. There is another group of law schools which, while they do demand an examination, are satisfied with a common school education. A man may learn arithmetic, English grammar, English cornposition, history, and geography, and if he knows those subjects he is qualified to study law. We may again congratulate ourselves that that is a constantly diminishing group. Then we have a third group which requires a bigh school education. That is a constantly increasing group. And I take it that even among the members of this Association you would find advocates who will assert that a high school education is sufficient for admission to the law schools of this country and that it affords adequate preparation for admission to the bar. That was originally the view of the American Bar Association. More recently another advance step has been taken. The Committee on Legal Education in 1907 in its report advised the American Bar Association to take an advance step by passing a resolution expressing its conviction that it was desirable that at least two years of a college course should be required for admission to the schools and for admission to the legal profession. Now, it is my conviction that in taking that step the American Bar Association has gone just as far as it is going to go in that direction during my lifetime or yours. I may be mistaken. Some of the law schools have responded to that action of the American Bar Association. Yale and the University of Wisconsin have established the requirement of two years of college course. The University of Washington on the Pacific slope three years ago passed a rule which requires students entering this fall to have had at least one year of college work. The University of Illinois and the University of Iowa have taken the same step. The University of Indiana has recently adopted a rule which provides that, beginning next fall, one year of college work shall be required of applicants for admission
HENRY WADE RODGERS, Dean University Law School, in opening the discussion which followed the reading of the papers, said in part:
The question which is under discussion seems to me to be, of all the important questions with which this Association is concerned, perhaps the most important for us to take under advisement. If we fix the standard which we exact too low, and permit men to enter the law schools at an immature age, and before, by the discipline of their minds, they are ready to take up the study of law, we do them a serious injustice, we do the profession a serious injustice, and we do the commonwealth a serious injustice. On the other hand, if we exact a higher standard than the situation warrants, we do an injustice to the young man and to the commonwealth. So the question is a fundamental one. Our work begins at the point where the standard is fixed. We shall do it well or ill, as we fix that standard right.
to the school, and that the fall thereafter
next year the government is to make its two years of college work shall be required. The University of Minnesota, the University
census, a request from the Association to of Nebraska, and Cornell have recently adopt- the Director of the Bureau would meet ed the one-year rule, I suppose as a prelim
with a favorable response. He therefore inary to taking the other step of requiring two years of college work as a condition of offered the following resolution, which admission. The faculty of the University
was adopted : of Michigan has advised its Board of Regents that that rule will be adopted there. Resolved, that the Director of the Census And I understand that similar action has of the United States be respectfully requestbeen taken by the Law School of St. Louis. ed to incorporate in the census of 1910 sta
tistics as to the following points: Among those who discussed the sub
(1) The number and age of those applying
in 1910 for admission to the bar of the courts ject-matter of Prof. Wigmore's and of the several states and territorial possesPres. Judson's addresses were Henry M.
sions and the District of Columbia.
(2) The number of such applicants admitBates, of the University Michigan Law ted to said bars. School, Francis M. Burdick, of the Col- (3) The number of each of said classes
having a collegiate degree. umbia University Law School, Harry S.
(4) The number of each of said classes Richards, of the University of Wiscon- having a law school degree.
(5) The number of each of said classes sin Law School, Wm. R. Vance, of the
having had a four-year high school educaGeorge Washington Law School, James tion. Parker Hall, of the University of Chica
(6) The number of each of said classes
having had a partial education at a law go Law School, John R. Rood, of the school. Michigan University Law School, John C. Townes, of the University of Texas
William R. Vance, Dean of the George Law School, and Evan H. Hopkins, of Washington University Law School, the Western Reserve University Law
moved that a committee of three be apSchool.
pointed to present this matter to the DiFrancis M. Burdick, of Columbia Uni
rector of the Census, with power to deversity, made a motion, which was car
cide upon a satisfactory form or blank ried, to the effect that each school rep
for the purpose. This motion was carresented in the Association be requested
ried. to prepare, before the next meeting, a
Mr. Vance, as the Secretary of the summary of the statistics of the scholar- Association, then read the recommenship of its students during the past ten
dations from the report of the Executive years, showing the difference between
Committee, which were as follows: the grades of students who entered with
(1) The Committee renews the recommen
dation made by the Executive Comwittee, in and without a college education, and
its report for the year 1908, that article 6, showing a classification, in all cases, as
section 2, of the Articles of Association be
amended so that it shall read as follows: to the ages of the students; also, that a
“It shall require of its candidates for any committee of three be appointed to de- legal degree study of law during a period of
at least three years of thirty weeks each, vise and circulate a uniform table for
with an average of at least ten hours rethe purpose of exhibiting these statistics
quired class-room work each week; providand to collate them and report at the
ed, however, that candidates attending night
classes only shall be required to study law next meeting
during a period of not less than four years Simeon E. Baldwin, of Connecticut,
of thirty weeks each, with an average of at
least eight hours of required class-room work thought it would be very desirable if the
each week." aid of the public authorities of the (2) It is recommended that the following United States could be enlisted in this
resolution be adopted by the Association:
"Whereas, it appears that the summer exmatter, and it occurred to him that, as aminations for admission to the bar are held
in many of the states before the usual date
Washington University Law School, for the close of the scholastic year in the
Chairman of the Committee on Pre-Leprincipal law schools of the country, there by causing great delay and inconvenience to gal Studies. graduates of such law schools; be it there
Your committee appointed to suggest a fore “Resolved, that the Association of Ameri
program of university courses for students
preparing for the study of law, recommends: can Law Schools respectfully requests of the
(1) That students devoting only two years bar examiners of the several states that the
to such work take dates for the summer examinations be fixed
English (Rhetoric and Composition), 2 at such times as will permit them to be tak
years. en by members of the senior classes in the
Latin or Greek, 2 years. law schools."
German or French, 2 years. (3) The application for membership in this
Mathematics, or a Natural or Physical Association made by the Law School of Van
Science, 1 year. derbilt University has been carefully con
History, including English and American sidered. It appears that, with the beginning,
Constitutional History, 2 years. of the session 1909–10, this school will fully
Experimental Psychology. comply with all the requirenients of this Association.
(2) That students devoting three or four It is, therefore, recommended that it be admitted to membership in the
years to such preparation take in addition
to the above courses in Economics, political Association.
Science, Sociology, and other courses in Hiş
tory, Philosophy, and in the natural or physAlso the following supplementary re- ical sciences.
In making the above recommendations, your port:
committee has been guided by the thought Pursuant to call, a meeting of the Execu- that the principal aim of the first two years tive Committee of the Association of Ameri- should be to give to the student a thorough can Law Schools was held at the Hotel Pont- mental training. The informational side of chartrain at 8 o'clock on the evening of Au- courses, however useful, should be subordigust 23d, there being present Dean Charles nated at this time to the primary object of Noble Gregory, President, and Messrs. Bates, teaching the student to think and to work. Costigan, and Vance. Applications for ad- A few subjects thoroughly taught are of far mission to the Association, received from the greater value than a superficial knowledge of Law Schools of Tulane University of Louisi- many. Bearing this principle in mind, the ana, the University of the state of Wash- choice of courses will in the end depend ington, and Epworth University of Okla- largely upon the character of the student and homa, were laid before the committee.
upon that of the teacher. In the absence of These applications having been duly con- particular considerations, the subjects recsidered, the following recommendations were ommended for the two-year course are, in made:
the opinion of your committee, best calculat(1) That the Law Schools of the Tulane ed under existing conditions to give the deUniversity of Louisiana and of the Univer- sired results. sity of Washington be admitted into the As- Courses in Economics, Political Science, sociation.
and Sociology are strongly recommended, be(2) That with the assent of representatives cause of their helpfulness to a thorough unfrom the Law School of Epworth University derstanding of the law. It is believed, however consideration of the application of that law that their study should be in the main postschool be postponed.
poned until the third or fourth year of the At the request of the Law School of Van- prospective law student's curriculum. derbilt University, it is recommended that further consideration of the application of On motion the report was adopted. that school for admission to the Association
On recommendation of the Committee shall be postponed.
A letter of resignation was presented from on Nomination of Officers, Hon. John the Law School of the University of Maine.
C. Townes, Dean of the University of It was recommended that this resignation be accepted with regret.
Texas Law School, was elected Presi
dent, and Wm. R. Vance, Dean of the The recommendations of the Commit- George Washington Law School, was tee were adopted, each recommendation elected Secretary, of the Association for having been considered separately. the ensuing year.
The following report was made by There being no further business, the Ernest G. Lorenzen, of the George Association adjourned.
Briefing Your Case.
By ROGER W. COOLEY,
Special Lecturer on Brief Making in the Universities of Michigan, Cornell,
Chicago, Virginia, etc.
ROM the moment a client submits the lower court affirmed because of fatal
his case to an attorney until the defects in the briefs, cannot fail to be merits of the controversy are finally ad- convinced of the great need of instrucjudicated in the court of last resort, the tion in the art of brief making. Lawadvocate is confronted by problems, the yers, judges, and law teachers unite in solution of which can be determined only the opinion that such instruction is not by resorting to law books—to the text- only a desirable, but a necessary, part of books, encyclopædias, digests, and re- a lawyer's education. ports which are the tools of the legal Notwithstanding the importance of the profession. No man can know all of subject, with a very few exceptions law the law. In the preparation of the case schools have, for good reasons, been uifor trial, in the trial itself, in the submis- able to give any systematic or effective sion of the cause to the appellate tribu- instructions in this branch of legal edunal for review, questions arise the an- cation. The young lawyer has had to swers to which must be sought for in learn by long and sad experience how to the books. The results of the investi- use the tools of his profession, how to gation must be arranged in logical or- dig out the material necessary to the der and embodied in a document, the proper presentation of his client's case to purpose of which is to present those re- the court, and how to use that material sults to the court in the best and most to the best advantage. With each sucforceful manner. This document is ceeding year and the corresponding inknown as the “Brief."
crease of material in the form of deciThough in nearly every case he tries, sions and statutes, the lawyer's problem the lawyer needs a brief, so that a large has become more and more difficult. portion of his work is brief making in To obviate some of the difficulties of one form or another, comparatively few the student and lawyer, to enable him to of the younger members of the profes- find and select from the mass of material sion know how to gather the material, or the particular pieces he wishes to use in how to combine and present that material building up his brief, a practical study to the court in a satisfactory manner. of brief making should be made a part Any person who will take the trouble to
of every lawyer's legal training. The study the numerous decisions, criticising object of the instruction should be to the manner in which the cases have been give the student and young lawyer a submitted for adjudication, or who will practical working knowledge of the use examine the decisions in which appeals of a law library and the preparation of have been dismissed or the judgment of briefs.
The art of brief making naturally di- for the interpretation of decisions and vides itself into three branches: (a) statutes. The finding of authorities, requiring in- The determination of the theory of the timate acquaintance with and practical case and an explanation of the purpose knowledge of the proper methods of and method of preparing the prelimifinding the law quickly and accurately;
nary or trial brief. (b) the study of the cases, requiring An explanation of the purpose and training and experience in reading, an- requisites of the brief on appeal, with alyzing, criticising, and comparing the suggestions as to its proper preparation. decisions for the purpose of determin- Instruction might well be based uping the doctrine of the case; (c) the on a series of monographs by wellframing of the brief itself, requiring known teachers and authors, supplementreadiness and skill in stating the facts, ed by a series of lectures giving a more and in formulating and arranging in detailed explanation of the various submethodical, logical, and effective style jects treated in the monographs. As the specification of errors and the points each subject is completed, the student or propositions of law desired to be es- should be expected to answer a number tablished, together with the arguments of questions based upon the text and and authorities on which the advocate re- lectures. These questions must be framlies to establish those propositions. ed so as to bring out, not merely his theo
Underlying the first requisite in the retical knowledge of the subject, but alproper making of a brief is a knowledge so the practical application of such of the solirces of information--of the knowledge. That is to say, they should repositories of the law in which the brief consist largely of practical problems, for maker must delve for his material. Con- the proper solution of which the student sequently instruction in the art of brief must apply the rules and methods exmaking should cover four subjects, dis- plained in the lessons. At the close of tinct in themselves, but closely related the course the student should be reand co-ordinated in practice: (1) Where quired to make a brief on appeal in a hyto find the law; (2) how to find the law; pothetical case. He should be expected (3) how to value and weigh the deci- to determine the points of law involved, sions; (4) how to prepare the brief. to make a thorough search for the au
Such a course should cover the fol- thorities, and to prepare the brief. This lowing subjects:
practical exercise should call for an apA general description of all the various plication of all the principles and methrepositories of the law, such as consti- ods explained in the monographs and tutions, statutes, decisions; the various lectures. series of reports, text-books, encyclo- Such a course as is outlined above, if pædias, digests, and other books design- conscientiously pursued, would give the ed to aid the lawyer in finding the law. student and young practitioner a thor
A full explanation of the various ough working knowledge of the use of methods of using the books described books—the tools of his profession—and for the purpose of finding the authorities. enable him to brief his cases both for
A study of the methods of determin- trial and on appeal in such a manner ing the weight and value of a decision as that their form and contents would gain an authority, rules for determining the for him the admiration of the court and doctrine of a decision, and general rules the respect of his opponent.