Featured News - Current News - Archived News - News Categories
In law field, no such thing as a dumb question
Even at a young age, I was always able to passionately defend anything I set my mind to. My parents love to tell the story about how as a child I talked one of their friends out of accepting a job offer that was not in his best interest. As a future attorney, I feel inclined to say that I have no recollection of this, and I hope that things turned out well for their friend.
Outside of law school, most law students have, like me, grown accustomed to winning arguments and resolving disagreements favorably. For this reason, law school comes as a harsh reality check to many people. Suddenly, students who grew accustomed to having an answer for just about everything find themselves in classrooms surrounded by those who are equally analytical. As a result, thoughts of, "what if I am not right" or "what if I sound stupid" begin to creep into the law student's consciousness.
The defense tactic that law students typically use to counter these fears is to not participate. They reason that this way, there is no chance of them making a statement that will cause them to be embarrassed in front of their peers or professors.
However, I have realized that the only thing there is to fear is the consequences that come from falling into that trap. The truth is that in law school, you learn by asking questions and becoming engaged in the material. As a result, if you are not willing to ask questions and make mistakes, then you are going limit the amount you can learn.
Although the reasons why a student may hesitate to participate when he or she is uncertain about the material are understandable, there are three things to remember. First, students should not be willing to sacrifice their education for a better reputation among their peers. Second, professors are aware that students have a fair amount to learn and are accustomed to dealing with questions and incorrect answers. It is seldom the case that a professor will think less of a student for having asked a question; indeed, most encourage students to participate. Third, if students are unsure about something, they should use the fact that they are still students to their advantage, and ask questions. After all, the worst that would happen is that they may suffer from a bruised ego. Once they are practicing, however, there is a word for attorneys who act inappropriately - "malpractice."
Attorneys have to be prepared to speak well during negotiations, client interviews, trials, interoffice meetings, and on countless other occasions. Accordingly, if for no reason other than to become comfortable speaking in public, students should not be afraid to participate while in school, even if they may not have the best answer. It is certainly better to get over the fear of speaking in an academic setting rather than a professional one, where the consequences can be much more severe.
I have become comfortable with speaking in class and asking questions. Have I always been correct? No. On occasion, I was the only person in the room who did not know something, or at least the only person who was willing to admit it. Nevertheless, I learned something from those experiences. I remember the answers to each question that I asked and those that I got wrong. I know that if I come across the material again, I will be better prepared.
A former professor of mine made the importance of this issue clear during one of his lectures. He asked the class what we would do if we were the mother of two children who both wanted the only orange that we had in the house. The students said that they would cut the orange in half and divide it between the children, or that they would have one child slice the orange and allow the remaining child to choose which half she wanted. The professor then told us that we were all wrong because while one child wanted to eat the orange, the other only wanted the peel for an art project.
"Had you asked the right questions," he told us, "you would have known what to do so that both children would be happy." Of course, he then explained, the same thing could happen in practice if you fail to ask questions. After that class, I promised myself that I would strive to be the type of lawyer who does not make that type of mistake.
A third-year student at the University at Buffalo Law School, Rachael Vitti is a graduate of the City University of New York's John Jay College of Criminal Justice. She can be reached at ravitti@buffalo.edu.


