This post represents a departure for me. Most obviously, this is my first post since having officially graduated. But it is also the first of a series of “conversations” I am beginning to engage in with law professors (from across the U.S. & the world). Sometimes it will be presented in the form of actual dialogues, captured in real-time, mediated through remote devices. Sometimes it will actually be in person. And sometimes, often I expect, it will be in the form of responses I have to work of these profs, or reflections they have put into the world, ON their work. On teaching. On “practice.” On “the law.”
I’ve chosen to begin this series by responding to a post recently published by Debbie Sanders of barexammaster.com. Debbie’s personal narrative as far as what brought her to this field and how she currently contributes to it is inspiring. But moreover, her blog posts are powerful. They revolve around something seemingly dry and banal — bar exam prep. And yet, what she offers is INSIGHT. What she offers is TRUTH. It is not stuff you need to empirically validate. It is not stuff you need to commission study after study to prove or refute. And that’s because what she says “rings true.” You can FEEL it.
The post that turned me on to Debbie is entitled An Open Question to Recent Law School Graduates: Why are you taking the bar exam? In it, the author reflects on her own journey to and through law school as well as the bar exam by noting: “the idea that some students did not elect their pursuit of a law degree, not, at least from some personal independent passion, was jarring to me.” Yes! Preach! That is what the voice inside MY head shouted as I read this. Tell it, because Lord knows that shit has plagued me since I began this journey.
In fact, the idea that not everyone came to law school in order to “fight” for justice was hard for me, on an emotional level, to deal with throughout my career as a student. It triggered feelings in me of being “different,” of anger because how dare anyone not appreciate the social (or even spiritual) privilege of having their dharma turn into a career as powerful as one in the field of law? What kind of a field was I even intending to enter? What kind of cottage industry was law school if so many seemingly disaffected youth could be enlisting in these ranks with so little sense of political orientation or purpose? What kind of a sham or cult had I finally succumbed to joining? And that’s not even hitting on the pedagogical issues I have had with the status quo in legal education.
But I digress — what else has Debbie to say? Well, point #2 of hers that I’ve globbed onto is this: “[E]veryone’s struggle is real. There is no qualitative difference between yearning for entry into an otherwise elusive “club” or pining for liberation from its confines. Everyone’s oppressor is real to them. What the struggle means to bar exam preparation is that anyone wrestling with why they are taking the exam will suffer in a way greater than the population of bar takers who want the end result. In that sense, the self-compelled student is the more privileged.” Amen, lady. That is what I’ve been sayin!! To wit:
If I could spare a student from unnecessary pain at the threshold of the exam, I would ask them: “Why are you taking the bar exam?” If they cannot conjure any authentic response, I encourage them to reconsider, maybe not forever, but until there’s some clarity about the impetus.
Of course I appreciate this line of inquiry, as it is the very line I have found myself engaging in over the course of the past couple months. But I also appreciate it because this is a BRAVE thing to suggest to students that they do. It requires them to introspect. It requires them to look within and conjure up the most honest responses they can. And, it requires them to listen to themselves. It requires them to act in accordance with what their authentic selves are seeking. It requires them to, in the words of my yoga teacher Rolf Gates, who quotes the word of the gifted teacher Eric Schiffman (and before that Swami Yogananda), step more fully into the truth of who they are. It requires them to lead THEMSELVES. And insodoing, in requires them to be leaders in the field, whether they become barred lawyers or not.
See http://barexammaster.com for Debbie’s full post & comment on either of our sites if you feel so moved…