Socrates' Legacy

Our  friend Beagle has discussed what you might see at a law school orientation. My experience was very similar.  For those who will be entering law school soon, take advantage of your orientation - meet your professors, learn the lay of the land and ask lots of questions!

Questions, as those entering law school will soon learn, are an essential part of the legal education environment. Having completed my first week of law school (and preparing to enter my second), I can safely say that you will often find the law (and law professors!) often brings up more questions than answers. This is because the law itself is often ambiguous, and the professors can exploit this ambiguity by twisting facts and asking students to weigh in.

Which brings me to the Socratic Method, a teaching style that is employed at most law schools. Unlike college professors, who typically lecture about a topic, law school instructors teach their students by asking them questions about the implications of the law, how and when it applies, and what goals it serves. (The Socratic method is named for the philosopher Socrates, whose incessant questioning would often drive his students to exasperation).

Sometimes the questions are easy: "Who was the plaintiff in this case?" Sometimes they require a bit of research: "What precedent did the court rely on to decide this way?" Sometimes they make you role-play:  "Pretend you are the plaintiff's attorney - how would you argue?" And sometimes they require you to defend yourself: "Why do you think the defendant was negligent?"

The result is a level of professor-student interaction that I rarely saw in college. Students will raise their hands at every question like eager first graders. They are quick to form opinions or try and redeem themselves if their answer is wrong. Rarely do you get a straight "I don't know."

(Of course, it is against the student's interest to say "I don't know, because it suggests they are unprepared - a big no no in law school. If you are absolutely unprepared due to an emergency or a night of heavy drinking, some professors will allow you to give them a slip of paper explaining your lack of preparation at the beginning of class, no questions asked. This little slip of paper will spare potential humiliation. Be warned though, you can only do this a couple times a semester).

The Socratic Method allows law students to explore with the professor how seemingly concise laws (or more specifically, court decisions) can be interpreted in diverse ways. For instance, in a famous 19th century case involving ownership of a dead fox (Pierson v. Post for you property law buffs), half the class supported the plaintiff, while the other supported the defendant based on how they read the case.

Because students are constantly interacting with the professor, together they can come up with a better understanding of the law than if the professor was just lecturing.


The disjointed nature of the Socratic Method will likely frustrate note takers. "Should I write down everything that's said?" they may ask themselves. Fear not - after a few rounds of questions, the professor will usually step back and offer some explanations. Be sure to pay attention for these moments, and take notes as if the professor were lecturing. While your fellow students are certainly very smart, you do not need to take down their answers unless you feel it helps you better understand the material.

There is one significant downside to the Socratic Method. While it fosters greater class participation, in the hands of some professors it can create unnecessary stress and even fear among students. Some professors will pick a student and spend perhaps 20 minutes questioning them - and only them - about a case, analyzing their opinion of the law, why they think that way and what they would do if the facts were different.

When a professor uses the Socratic Method in this way, it creates fear in the classroom. Students who are still trying to understand the case will avert their eyes, hoping not to catch the professor's attention. They do not want to look like a fool for buckling under questioning - indeed the students are more likely scared of being humiliated in front of their fellow classmates than the professor (though there is the issue of unpreparedness as mentioned above). During orientation, one woman who received an early taste of the Socratic Method was brought to tears.

In my experience so far, the use of the Socratic Method has been more gentle, with professors treating it like a conversation rather than an interrogation. In my torts class however, the professor is a bit more abrupt, though still convivial. He will cut off students who do not give the right answer (I personally was cut off after 2 words), and will respond with "Absolutely not!" when students offer a wrong question. And yet, he is perhaps the most beloved of all the professors by my section!

I am told that in the next few weeks, law school will start to get even more difficult. That may well lead to more difficult questions, and more Socratic confrontations. But even though I know that my improv skills aren't the greatest, I know that many of my classmates are in the same boat. We'll have to survive the Socratic Method together.

Postscript: Like my colleague, I, too will begin tagging my posts for ease of use. Forgive us if our tags may not be uniform in the beginning!