A Brief Review of the Book Getting to Maybe
Practical Advice for Prospective, Entering, and Beginning Law Students
Getting to Maybe: How to Excel on Law School Exams (1999) by Richard Michael Fischl and Jeremy Paul is a must-read, especially for those just starting out in their law school endeavors. Getting to Maybe is not for people who are thinking that perhaps one day they might venture into the magical world of law. Nor is it for the straight-A, best-friends-with-their-Ivy-League-professors type of student. Rather, this is for the student who has already studied their brains off for the LSAT (I highly recommend investing in a preparation course, by the way... you might have to put it on credit, but if you work it right, it is quite possibly one of the most important investments in yourself that you can make), who has been accepted, and who is either facing their 1L or who is in the thick of it as we speak. Once you have been accepted, you inevitably face the decision of whether to take yet another preparation course... only this time, it's for law school itself.
Speaking from experience, after having charged my LSAT prep course, I did not want to shell out for a pre-law school course. Reading Getting to Maybe not only saved my pocket book, but calmed my 1L angst as well. Though familiarizing oneself with torts and contracts in a pre-law school preparation course is undoubtedly useful to some extent, Getting to Maybe is financially practical, not to mention an invaluable theoretical and educational asset. Rather than listing a bunch of facts to memorize, Getting to Maybe sheds light on ambiguities. In fact, the entire book is dedicated to them (ergo, the "maybe" in the title).
Getting to Maybe, at its simplest, is a guide. But more than that, it is a 322 page decoder ring. Written by two law professors, this book, in an attempt to prepare you for exams, succeeds in many more nuanced ways.
Wouldn't you just love to know what in the world your professor is really asking when s/he throws you a seemingly "out there" exam question? Getting to Maybe is a series of explanations by professors who are willing to give you the insider's view. The book gets to the heart of issues, dispels law school myths (like sticking solely with the IRAC "formula" of writing), and demonstrates why we should pay more thoughtful attention in class at times when most students are putting down their pencils (or checking email on their laptops) during lectures.
If you happen to be reading this article before your first semester in law school, then my advice is to not wait to purchase (and read!) Getting to Maybe. While you may be unfamiliar with legal terms and specific cases that the book cites, the information will nevertheless provide you with some relatively inexpensive leverage not only when it comes to answering exam questions, but also when it comes to outlining, taking notes in class, and so forth.
If you happen to be reading this article after having already started your 1L, then at least you will be familiar with particular terms and referenced cases. Of course, the sooner you get started on the book, the better off you will be. If you cannot seem to get the A that you think you know you deserve, Fischl and Paul explain why you are missing out on crucial points.
I cannot overstate the extent to which understanding your professor's aim in posing exam questions elucidates which points to pay particularly close attention to in class. Do yourself a favor and read the book.
Published by Jessie Zaylía
Jessie is a feminist attorney and scholar. She received her law degree from the University of San Diego School of Law. She has published 6 academic articles on a range of topics and has presented research... View profile
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4 Comments
Post a CommentMy new article is up and running: Why Ask "Why" Twice? It's clearer and much shorter than Getting to Maybe. Check it out here! http://www.associatedcontent.com/article/2209031/why_ask_why_twice_what_every_1l_and.html?cat=17
update: My mentee that was #1 in her class is now at Harvard. I'm so proud! :)
On another note, IRAC should really be IRRAC, the second R meaning rationale. I now have 3 mentees: one in UCLA and two at USD. One is in the top 20%, one is in the top 10%, and the other is #1 in her entire class... each after their first year. So, let me tell you what I told them. Ask yourself "why" twice. That's right. For each explanation that you give you need to think, "Why? Why should it come out this way or that way?" The answer you should get will/should be connected with a rule. Then you should asked yourself why again, as in, "Why did the court develop that rule of law?" In other words, "What is the rationale behind the rule?" The rationale will determine whether the rule should apply to your facts. I know this seems overwhelming at first, but if you take my advice below with lots of practice exams, you should be good. Plus, I'll be writing another article on the 2 Rs soon. :)
I must leave a comment about my own article here. I wrote this at the BEGINNING of my law school tenure. However, after having completed my first year of law school, I think that this book confuses more than it does anything else. For instance, most professors prefer IRAC because it is a straightforward, no nonsense way to address issues. What I suggest, now that I know what works for me, is: practice exams, practice exams, practice exams. Google around and find practice exams with answers. Don't look at the answers until you've completed the corresponding practice exam or else you're cheating yourself out of a steep learning curve. Some achieving law students I know found this book to be helpful, but I did not. I thought Getting to Maybe would help me out a lot during my first year... I felt so confident. However, in hindsight, I think it's only fair to report this update in order to not lead people astray.
Take care,
Jessie