Friday, April 10, 2009

How much does a law student know about the law?

A few of my friends are law students, and I need some advice. How knowledgable are law students, or people who have finished law school? And do your friends, who are lawyers, hate being asked questions?


The big problem with law students is that they are not usually being taught local laws, but overall legal concepts or federal laws which can be applied anywhere, and are the sorts of things which will be found on a bar exam. They are very good at those issues, since they are studying them. However, most questions that people have concern local issues, and law students really know no more about that than anybody else. It is only once you are out practicing that you learn what the local laws are, and how they can affect people.

From the number of lawyers who answer questions here, including me, we appear to be pretty open to being asked questions.

Depending on how far along a law student is would be my first thought. 1st year law students are crammed with basic classes such as contract law and research. Criminal law is a specialty just as is real estate law. Even though the basics are covered, a licensed attorney that practices a specific type of law would know more than a law student or another attorney who specializes in a different area. Law school lays down the foundation. Depending on where you would like to further your education depends on the area you decide to practice. Attorneys are people, they learn something new everyday. Laws are continually changing. Any law student should have the ability to either answer your question or at least get back to you with an answer after they use their resources. Keep in mind. Law school is not easy and although a student might not get mad or even think twice about helping you out, their plate is full right now. And if they are a true friend to you, you would not ask them questions that require them to stop what they are doing to help you. Most attorneys that are in practice do have free consultations and shooting them an e-mail is going an easy thing to do.

:aw students can be very smart and knowledgable about general principles of law. However, they have not had the benefit of studying laws of specific jurisdictions. Nor have the had the greater benefit of actually practicing law in our everyday world. Moreover, I would hesitate to rely on answers to legal questions posted on this site. As a lawyer I can tell that some of the answers are ill-advised and not likely the answers of lawyers.

A law student know just about as much as they have covered in there law school!

Quite frankly, they don't know much more than anyone else does. However, they are much better equipped to do the research. Even lawyers and judges do not know the law. However, if you are looking for legal advice, you should get a licensed attorney and consult with him/her.

law students and recent graduates have some general knowledge of the law. the purpose of law school is not to get to know the law, but the understand how the law works and to be able to find answers to questions, and to formulate an argument concerning the answer to a previously unanswered question. After some time of practice, lawyers come to have know what law governs lots of situations, but retain the ability to formulate an argument about unanswered questions.

I am a lawyer, but not in private practice. If I were practicing, I would resent being asked to provide free advice, like a cook would resent being asked to come to a neighbor's house to fry a couple eggs. My knowledge, wisdom, judgment and advice are my stock in trade. Furthermore, most lawyers eventually become specialized and find that they are not qualified to help most people. For example, my mother asked me to take care of probating my father's will. It took me a week to learn the basics that someone in a probate practice could have done in ten minutes. On a final note, there is a practical reason beyond money why lawers do not wish to be asked questions. Law does not exist in a vacuum. It exists in a factual context, and political and moral and historical, etc. therefore, in order to have a meaningful opinion, lawyers must inquire into all of those things. Getting details from one who seeks casual advice runs the risk of creating an attorney-client relationship. That has practical consequences and legal consequences. if the lawyer establishes an attorney-client relationsip, he or she is required to keep records of it in order to avoid potential future conflicts, and for other ethical reasons, and to give notice to the malpractice insurance carrier and such. What may be just a casual question from you has the potential to create all sorts of heartaches for the lawyer. Still, I love to chat and tell war stories and such. I just don't want to run the risk of someone relying on my professional judgment, when I thought we were just having a casual chat.

Like with any segment of the population, the knowledge of law students varies greatly. However after a year or so, a decent law student should know where to look to answer your question. However if you have a real problem, where your rights are truly at stake, you should consult an attorney.

And we yes, lawyers hate being asked questions...until we're paid.

It really depends upon the particular law student as to whether or not the law student really knows anything about the law or not. Some people put more into their studies of the law so they will know more about the "law" than other law students will. As far as lawyers being asked questions about the law is concerned, it depends upon how in-depth the questions are that the lawyer is being asked, the social setting where the questions the lawyer is being asked these questions is in and whether or not every time you see the lawyer you seek him or her out for free legal advice. A friend that is a lawyer will more than likely try to answer your questions to the best of their ability but some questions asked have no definitive answer. That is why there are lawyers on both sides of a court case, for example, because they see the "facts" and the "law" often times from very different perspectives and try or defend their clients positions upon their interpretation of the law and of the facts..

No comments:

Post a Comment