October/November 2018 | Volume 46| Issue 1
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Lex Brevis WESTERN NEW ENGLAND UNIVERSITY SCHOOL OF LAW October/November 2018 | Volume 46| Issue 1 Lex Brevis Oct/Nov 2018 Volume 46 Issue 1 The Introspective 3 Advocate: Signs You Might Be An Introvert 7 False Conviction 6th Amendment 8 Child-Victim of Sex Trafficking Gets Life in Prison After Killing 15 Predator 18 A Nation of Laws We, at Lex Brevis, are always looking for ways to improve. We would love feedback to better serve our law school community. Enjoy the issue! Email us at [email protected] October/November 2018 || VOICES The Introspective Advocate: Signs You Might Be an Introvert by Christina M. McCabe, Alumnus [email protected] Law school, though rewarding, is habits. Below is a list of traits that suggest stressful. One of the most important things introversion, ways they cause obstacles, and you can do for yourself is acknowledge your how to make them work to your advantage. personality type, and ascertain what school 1. You Process Things Internally strategies work best for you. A good place to start is thinking about where you fall on Put simply, you think – A LOT. Whether the introversion-extroversion scale. you review cases for Evidence or reflect on “Introverted” does not mean shy, socially- the last Game of Thrones episode, you have anxious, or misanthropic – it means that to a rich inner dialogue and prefer processing recharge, you need to time to retreat into your thoughts before you speak. In the law yourself. By contrast, extroverts recharge school context, it is advantageous to men- and gain energy by interacting with others. tally tackle difficult concepts before class and thoroughly read cases. Nevertheless, Maybe you wander down the halls and where it is a strength in study mode, it can sit in lecture wondering if you are the only one who needs solitude. After all, it is hard put you at a disadvantage in classroom not to notice the students who radiate cha- mode. risma and wonder if you will fare as well in Countless times in class, I knew the the legal profession. Psychology Today esti- mates that introverts comprise anywhere answer to a question posed by the professor from 16% to 50% of the population.1 How- but kept my hand at my side to think about ever, more than half of all lawyers are intro- my answer longer. Is there a better way to word verted (60%).2 Regardless of the exact num- it? Does it remind me of a case? Wait - … what ber, you are not alone – that many introvert- was the outcome in the case it reminds me of? Un- ed lawyers equates to many introverted law students. fortunately, by the time I finished my men- So, how can knowing whether you tal gymnastics, the professor was on to a are introverted or extroverted help you in new case or concept. law school? Regardless of your personality It is a good idea to put the deep-thinking type and individual quirks, knowing yourself aside and raise your hand in class once in a can help you develop better study and work while. True, most law school grades come 1Dan Buettner, Are Extroverts Happier Than Introverts?, Psychology Today (May 14, 2012), https://www.psychologytoday.com/blog/thrive/201205/are-extroverts-happier-introverts 2Leslie A. Gordon, Most Lawyers Are Introverted, and That’s Not Necessarily a Bad Thing, ABA Journal (Jan. 2016), http://www.abajournal.com/ magazine/article/most_lawyers_are_introverted_and_thats_not_necessarily_a_bad_thing October/November 2018 | Volume 46| Issue 1 3 from one or two large exams – however, finals season, I prepare my outlines alone – speaking up shows professors that you but love exchanging them with people and know the material. Your comments might slowly comparing our outlines. If a large clarify the concept for your classmates, or group makes you want to curl up with Net- put cases in a different perspective. Addi- flix and a pint of Ben & Jerry’s, try studying tionally, some professors grade your class- with one or two people. room participation. In a nutshell: Whatever learning methods In a nutshell: Take advantage of your and environments work best for you, introverted thinking while studying use them. As an introverted law stu- but put the deep-thinking aside some- dent, you might need more time alone times to participate in class. This is than your peers, but that does not something I still have to consciously mean you always have to study alone. remind myself to do, but pays off tre- 3. If you go too long without alone time, mendously. you feel drained or irritable. 2. You do your best thinking alone. If you feel cranky and exhausted despite Unsurprisingly, even though you spend all several cups of coffee, it is possible that you day thinking, you are best able to analyze are not scheduling enough alone time for cases and apply new legal concepts to facts yourself. When you are introverted, plan- ning ahead for the week and making sure when you are by yourself. you schedule alone time is essential. Analo- To some extent, I think this is true for ex- gous to a charged cell phone, you only have troverted students, too. Traditional study so much battery life to expend. groups did not work out well for me, be- Unlike the cell phone analogy, becoming a cause talking and background noise easily lawyer means networking in law school, distract me. Moreover, I put immense pres- connecting with lawyers and clients at in- sure on myself not to hold the group back ternships, and applying for post-graduation by thinking through concepts for too long. positions. If this is true for you, too, it does not Remember – you are not flawed or a lesser mean that you can never study with other student because you need down time. people – it only means that you should Whether you are introverted or extroverted, think carefully about what type of study law school takes a tremendous amount of environment works best for you. I prefer to energy and it is important to work at self- read cases and brief them alone, but talk care just as often as resumes and case briefs. about them with friends afterwards. During When you are rested and recharged, you October/November 2018 || will feel ready to tackle networking opportu- to think. Consider what a professor or judge nities rather than tired and frazzled. might ask you If getting cold-called makes you anxious, pre- pare before class and gain Schedule time alone In a nutshell more experience thinking so you are ready to In a nutshell on your toes. 4. socialize, network, and work towards about a case, and jot down notes. I still your future. Getting cold- jumble over my words when cold-called called stresses sometimes, but no one is perfect. you out. Introverts are not the only students who get stressed out by the cold-calling Socratic method, especially during 1L year when the 5. Small Talk is Challenging for You whole law school environment is new. How- No, this does not mean you get a pass not to ever, it is likely to stress out even the most make small talk (at least with legal colleagues). prepared introvert because it in- Small talk is not chal- cludes something we dread: get- lenging for introverts ting put on the spot and needing because they don’t want to talk without thinking exces- to connect with others – sively first. it is challenging because For myself, the more exposure I they would rather talk . get to something, the more that I about something deeper warm up to it. Class is not the with a new friend. Where only place that you have to think introverts have a limited on your toes – if you want to social battery, they work as a litigator, judges will in- would rather use it get- evitably ask you questions that you have not thought about. As a ting to know a person’s 1L, I realized how terrified I was of speaking personality or interests than chat about the in court. Consequently, I signed up for the weather. If you have a difficult time making Legal Services Clinic with Attorney Gordon small talk, especially with new contacts, you Shaw and worked in the Housing Court 2L might be an introvert. year. I gained invaluable experience in the clinic, and was confident by the time I repre- Unfortunately, every interaction does not call sented juveniles in arraignments over the for a deeper conversation. Small talk is vital Summer. to connecting with other legal professionals. Luckily, law school gives you something that If you get nervous from cold-calling and you do not have when strangers in other set- answering questions on the spot, experience tings approach you – common ground. Eve- and exposure are helpful. Additionally, the ryone in the law school is either a student in a more prepared you are, the less you will have situation similar to yours, or a law professor October/November 2018 | Volume 46| Issue 1 5 committed to helping you succeed. With that in mind, it is easier to make small talk that could become a meaningful connection later. Of course, no trait is all negative. Deep- thinking and eagerness to delve into more substantial subjects can help you empathize with clients and see their situation from a dif- ferent perspective. Interviewing clients for my 3 Things You Need to Know about Your clinic taught me that conversations can start ABA Membership By. Tinuke Fadairo, ABA Representative about the snow outside, and end with some- thing tragic that happened in their lives.