Years ago, after the publication of my third book, a journalist once asked me if you could tell right away whether a student had a mind for law or not, and the answer is: Sometimes. But often, you’re wrong—the student who seemed so bright in the first half of the semester becomes steadily less so as the year goes on, and the student about whom you never thought one thing or another is the one who emerges as a dazzler, someone you love hearing think.
It’s often the most naturally intelligent students who have the most difficult time in their first year—law school, particularly the first year of law school, is really not a place where creativity, abstract thought, and imagination are rewarded. In this way, I often think—based upon what I’ve heard, not what I know firsthand—that it’s a bit like art school.
Julia had a friend, a man named Dennys, who was as a boy a tremendously gifted artist. They had been friends since they were small, and she once showed me some of the drawings he made when he was ten or twelve: little sketches of birds pecking at the ground, of his face, round and blank, of his father, the local veterinarian, his hand smoothing the fur of a grimacing terrier. Dennys’s father didn’t see the point of drawing lessons, however, and so he was never formally schooled. But when they were older, and Julia went to university, Dennys went to art school to learn how to draw. For the first week, he said, they were allowed to draw whatever they wanted, and it was always Dennys’s sketches that the professor selected to pin up on the wall for praise and critique.
But then they were made to learn how to draw: to re-draw, in essence. Week two, they only drew ellipses. Wide ellipses, fat ellipses, skinny ellipses. Week three, they drew circles: three-dimensional circles, two-dimensional circles. Then it was a flower. Then a vase. Then a hand. Then a head. Then a body. And with each week of proper training, Dennys got worse and worse. By the time the term had ended, his pictures were never displayed on the wall. He had grown too self-conscious to draw. When he saw a dog now, its long fur whisking the ground beneath it, he saw not a dog but a circle on a box, and when he tried to draw it, he worried about proportion, not about recording its doggy-ness.
He decided to speak to his professor. We are meant to break you down, Dennys, his professor said. Only the truly talented will be able to come back from it.
“I guess I wasn’t one of the truly talented,” Dennys would say. He became a barrister instead, lived in London with his partner.
“Poor Dennys,” Julia would say.
“Oh, it’s all right,” Dennys would sigh, but none of us were convinced.
And in that same way, law school breaks a mind down. Novelists, poets, and artists don’t often do well in law school (unless they are bad novelists, poets, and artists), but neither, necessarily, do mathematicians, logicians, and scientists. The first group fails because their logic is their own; the second fails because logic is all they own.
He, however, was a good student—a great student—from the beginning, but this greatness was often camouflaged in an aggressive nongreatness. I knew, from listening to his answers in class, that he had everything he needed to be a superb lawyer: it’s not accidental that law is called a trade, and like all trades, what it demands most is a capacious memory, which he had. What it demands next—again, like many trades—is the ability to see the problem before you … and then, just as immediately, the rat’s tail of problems that might follow. Much the way that, for a contractor, a house is not just a structure—it’s a snarl of pipes engorging with ice in the winter, of shingles swelling with humidity in the summer, of rain gutters belching up fountains of water in the spring, of cement splitting in the first autumn cold—so too is a house something else for a lawyer. A house is a locked safe full of contracts, of liens, of future lawsuits, of possible violations: it represents potential attacks on your property, on your goods, on your person, on your privacy.
Of course, you can’t literally think like this all the time, or you’d drive yourself crazy. And so for most lawyers, a house is, finally, just a house, something to fill and fix and repaint and empty. But there’s a period in which every law student—every good law student—finds that their vision shifts, somehow, and realizes that the law is inescapable, that no interaction, no aspect of daily life, escapes its long, graspy fingers. A street becomes a shocking disaster, a riot of violations and potential civil lawsuits. A marriage looks like a divorce. The world becomes temporarily unbearable.