Dan Dornacher -- Class of 2001

Jan. 6, 2002

I hope your New Year was special and continues to treat you well. You know, plenty of Tee Times and all! I arrived in Tulsa and it's cold. The first night saw temps of 10 F, brrrr... My Florida blood hasn't adjusted yet!

So far everyone with the exception of the student librarian has been real nice. I think the librarian saw me to be a newbie and just did not want to deal with me! Oh well, I remained gracious. I figure that I'll have to get used to being the low man on pole again! Right now I'm just trying to get some of the suggested readings done.

I started on the Buffalo Creek Disaster, and it's interesting. It's all about the procedures that a lawyer faces when trying to sue a corporation and their parent company. The legal term is "piercing the corporate veil" and it has to do with finding the parent company that holds controlling stock in subsidiary liable for damages brought about by the subsidiary. The plaintiffs must prove that there is a connection between the two companies other than being a shareholder and that the damages were from negligence or better yet foreseeable. The Pittston Co. owned Buffalo Creek coal mines and the dam at the mine burst in 1972, flooded the valley, and killed hundreds and left sixteen communities leveled. It's interesting and allows you to see the differences between suing in state courts v. federal district courts. I'm excited and ready to get on with it!

I read the "How to Survive Your First Year In Law School" suggested reading and most of the points they gave in the book I've already put into practice. That settled my nerves some. I think I'll do well now and am looking forward to the work.

I've been reading over the Federalist Papers and The Role of The, SC in American Politics 1789-1835. Most of what I'm reading is familiar so it's been pretty easy going so far. I'll write more after I get my first assignments and see exactly what is expected. They should be posted on the web tomorrow as all the instructors want us to come to class ready to discuss the readings. It'll be interesting to see how many students are actually prepared on the first day. I've already nosed through the legal center and library and met with the Dean. I'm going to get back to my readings now, tell everyone I said hello and I'm doing well as I hope you are all also.

-- Dan

Jan. 14

Well, I've made it through the first day! It was encouraging to see that there are many more
untraditional students than I expected. We out number traditional students!

We were introduced, although with kid gloves, to the Socratic Method. I think I can do this without undue emotional distress. Everyone has emphasized the importance of time management and of good study skills. The professors have also tried not to unduly scare off anyone and have preached the necessity of networking and attending related functions while still maintaining good grades. They want you to eat sleep and breathe law.

The reading so far hasn't been too intensive. It seems as if one just needs to maintain a good constant work ethic to keep up. Although I see no room for procrastination. But then again it's only my first day! I'm sure it's bound to get tougher! I hope your first day of classes has went well. I'll keep you informed with frequent or infrequent updates, depending on my available time.

-- Dan

Jan. 16

So far the insights are few but vivid. Discipline. The assignments are time consuming. You can tell the class to be prepared to spend at least two to three hours a day reading and another two (at least) researching and writing. The research you are after is there and you can find it easily enough. However, the time spent looking and reading adds up. The type of briefs we're expected to write are far more detailed and "rule" oriented. The rule, rationale, and application of the law are what the professors are trying to get you to see. The interesting political motives of the court are no longer paramount.

The premise here is that it would be impossible to teach a student the law completely. There are far too many statutes. What they are trying to impart is a method of problem solving that allows one to see the commonality among differing issues in the eyes of the law. Or, how to apply focused logical and analytical knowledge to a vast amount of differing situations. I see now why the LSAT is the testing device for incoming law students. 

On a lighter note, the incoming spring students are known as 1/2 L's. We don't even rate a lowly 1L ! It's quite a difference going from the top of the heap to the bottom. No one lets you forget that your a newbie! It's all in fun but with the workload you can't help but feel a little out of place. I can see it on my classmates face's and I'm sure it shows on mine! No one knows yet what is fully expected of them and the work seems momentous until you actually get started on it and realize you can finish it in one night! Hours for me are from 6:30 AM to 12:00-12:30 AM so far, but I've been told that you can live on four or five hours of sleep more than once!

The professors seem very helpful though and they are available. Not quite as available as the professors at St. Leo, but close. I wouldn't discourage anyone from doing this yet as I am finding the work enjoyable.

The attitude of the students is of a much higher caliber. No one student stands out easily among the others. And everyone gets slammed by the professors equally! That is probably the most glaring difference between being here and being at St. Leo. The professors have no problem telling you you're completely off base and moving on to the next student without explaining why you were wrong then doing the exact same thing to the next student until they hear the answer they want. I've seen a couple people already who were completely puzzled and a little ruffled. I been spared any major humiliation so far, although my time will certainly come. It's late so I'll leave it at this for now.

-- Dan

Jan. 23

Just a note to update the going's on so far. The professors are slowly but surely pulling off the "kid gloves." Assignments are becoming increasingly more time consuming, and it is imperative that I begin to take full advantage of my time. The television hasn't seen the on position since Thursday past. It is taking a concerted effort just to keep each days assignments in order, but I'm sure they'll fall into place with repetition. The assignments come at you consistently. There are no "slacker" days in any class.

My assignments today covered four chapters and three briefs. Not bad for the "two class" (T, R) assignments. It's the three day (M,W,F) assignments that are a little overwhelming. They take nearly my full day after class minus the eating, bathing, and mail run. I've been learning to "multi task" as in reading while eating, walking, and in between classes. The time available in a day must be used efficiently to maintain the reading and writing assignments effectively.

I find that the studies do not seem to hinge on intelligence, rather work accomplished. I don't think that anyone from Leo is incapable of the work as long as they are willing to sacrifice a life! It's not that bad but I'll get back to you on the intelligence quotient after the first round of exams. They grade 1L's on a curve so it shouldn't be too bad. At least it doesn't appear from the accounts of 2L and 3L students that it will be. Past grades have been posted on our respective professors doors and the general grading seems to be two to three A's per class, with about thirty-five percent B+ to B- and the majority of the rest in the C range.

I've spoken with quite a few students who were at the top of their class in undergrad who are now B to C students. The consensus seems to be that to attain grades consistently on an A to B level one must devote more time than most are willing to. Even the students at the tops of their respective classes that I have met received B's or C's in one class or another. That's it for now. It's late and I've still got reading to do tomorrow prior to classes. Hope every one is doing well and that the semester is off to a good start.

-- Dan

Jan. 29

Classes are progressing in a cumulative fashion. At the point you begin to feel that you are taking in the required information in the allotted time frame, the bar is raised and you find yourself still struggling to stay afloat. Sleeping difficulties are affecting the class as a whole. I, along with other students, have concluded that it is due to the amount of foreign information that we are expected to absorb in a short period of time. The consensus of the class is that up to an hour is spent laying in bed telling yourself that you need to sleep while your brain is busy trying to unravel and properly sort the days lessons. The sleeping habits of those in class which I have spoken, reflect that as a group our nightly sleeping patterns have changed from 7-8 hours to 4.5 to 6 hours depending on the days work load. It is interesting to note that there are still no standouts. Everyone so far seems to be on par with the rest of the class. The trials that we are being exposed to is having a binding affect on us as a group. A good analogy would probably be Army "boot camp."

It has become increasingly interesting though as we are moving into subjects at rate that does not allow for one to become bored or complacent. We are now engaging in oral arguments where opposing positions are given to different portions of the class and we are expected to defend our given position adversarially. This is the certainly the most endearing form of "education" I have yet encountered. I would note though that if you have reservations about speaking in class that now is the time to get over them. The professors call on students at random. We have also been warned by several professors that if we are not sufficiently prepared, when called upon, we will be excused. They would rather not hear excuses or interrupt the flow of class discussions. Class discussions move at a much greater pace, and it is at times hard to form complete thoughts quickly enough to keep up and participate. There are no lulls in the discussions as there is someone always ready to take it up. The discussions move along with or without you which puts that much more emphasis on being prepared.

I have had to begin studying in a more rigid manner. The "in book" exercises are not assigned as mandatory, yet if they are omitted you feel as if you are missing something when you sit for that lecture. The emphasis now seems to be on developing our questioning capabilities which will allow us to view issues from both sides. The feeling at times is equivalent to schizophrenia. To be prepared you must have considered all sides of attack to an argument and be prepared to rebuke those attacks. You find yourself asking "what if" to every statement in a case. I still would not dissuade anyone from this as it is probably the most demanding yet satisfying undertaking I have yet been involved with. I would caution though that going in you should be aware that it is a full time study. There is very little "free time" left in mine or any of the other students schedules. I need to get back to work as my break is over and before I know it, it will be late and there will still be something that needs attended to. However, you do get used to that feeling because there is now always something that requires your attention. For those who have experienced Dr. Trost's Senior Seminar you will at least have a taste of what is expected. The dedication required to do well is on that level.

I wish everyone well and hope their studies are coming along as expected and that your students are appreciative of the effort you put forth for their benefit. It has certainly helped me through this new beginning.

-- Dan

Feb. 11

Well my time has finally come as the Socratic method "stung" me in Torts this past week. Note to self, never bring up criminal law in Torts! I had always wondered why lawyers generally seem to have a different demeanor than most other professionals I have encountered. They seem a little more reserved and contemplative. I am beginning now to understand where this demeanor originates. It is now Saturday afternoon and I haven't stopped working since class was dismissed on Thursday. I have been working diligently on an outline for a ten percent quiz on Torts this Thursday and I already have twelve type written pages with about five more to go. The rules and applications are varied and in certain instances contradictory. We are now covering roughly six cases and a myriad of rules per class session. Contracts and Legal Research, Writing and Reasoning (RAW Law) are the most time intensive studies so far. The writing taught here is like learning a foreign language, it is completely different form anything I have yet to encounter. A word of caution to prospective law students, refresh your basic English skills now! Proper English usage is a must and they are not going to teach it. They expect that it is a skill you already possess. What may seem like "slight" word usage errors become glaring mistakes when writing or dissecting rules and they will not allow for them. The writing style that was encouraged by Dr. Trost is also encouraged here. Short and to the point sentences that clearly and succinctly state your argument are required along with writing actively versus passively. They are trying to get away from the language used by lawyers and judges in the past that is so hard to decipher. Double negatives found in old rules will be deciphered and rewritten without their usage. This has probably been one of the most time consuming tasks that I have been asked to do so far. I wish I had taken some upper level English now that it is too late.

OK then, enough whining already! I did take an hour off from studying and attended a speech by Morris Dees which was held on campus. Mr. Dees is the founder of the Southern Poverty Law Center which is dedicated to fighting for civil justice for all minorities. He recently won a crippling $12,000,000. settlement in Oregon against a Texas KKK leader that preached violence to his fellow members. Through his investigative work Mr. Dees found the witnesses to prove that the KKK leader in question did promote violence towards what he referred to as the "mud" people. It took over over two years to compile a case but Mr. Dees was successful. Mr. Dees is also the co-chair with Rosa Parks for the National Campaign for Tolerance. If you are ever in a position to hear Mr. Dees speak do not miss it. His speech was moving and left me re-thinking my values. He is a shining example of what one dedicated man can do for society as whole. If anyone is interested in reading about Mr. Dees legal accomplishments the ABA has just published his second book entitled " A Lawyer's Journey, The Morris Dees Story."

I need to wrap it up for now as I already feel guilty about the time away from my studies. I wish everyone well and I hope that those of you who are considering a legal profession follow through with your plans. The study of law is certainly rewarding and I would not now, knowing what is expected of me, change my decision to attend law school. It is a lot of work but it is by no means drudgery. I actually see the purpose in my studies now. This "purpose" may have been missing, to some extent, in my undergraduate studies. To me the undergraduate studies were a means to reach law school through achieving good grades. The purpose of my studies now is clearly apparent as well as the purpose for those courses that I had felt were arbitrary in undergrad. The realization that the studies do have purpose, and are leading you towards a definitive goal, make doing the required work seem appropriate. The realization that the studies are appropriate also allows one to maintain a positive outlook. Good luck on any upcoming exams and keep the faith. If you are anything like my colleagues here you will certainly enjoy the effort once you get into your law program.

-- Dan

March 2

It has been an extended period of time since my last installment but I have not forgotten about you. I am simply being thoroughly worked by all professors now as the "kid gloves" are completely off! We have written complaints and answers to them (Civil Procedure), negotiated settlements (Torts), drawn up memorandums (Legal Writing), and experienced our first full length exam for 1/3 rd of our grade in Con Law. The writing assignments, especially the memorandum, were very time consuming and at times extremely tedious as all the pertinent cases and rules that apply must be in the correct citation form. Correctly citing the appropriate sources was a job in and of itself which took about three hours after the actual writing. All of the writings have specific forms that must be followed and specific rules as to the jurisdiction that you are writing them to. What would appear to be simple four to six page drafts take on a difficulty level that is not apparent when one reads these documents. The correct form of documents plays an important role and the court which you are writing to will not accept the documents unless the form is correct. Just to find the correct form for a jurisdiction's document requires extensive research on that jurisdiction's particular rules. For the drafting of a complaint to take eight hours is not unusual, especially if it is your first complaint for that jurisdiction.

The Con Law test involved not only case recognition (20%) but applying the case rules and findings to hypothetical cases (80%). Needless to say there is much more than memorization of case outcomes and connections that must mastered to do well. As students we must be able to apply the rule from a particular set of facts to the hypothetical set of facts using what we would think to be controlling precedent cases. It is an entirely new world! The exam was completely unpredictable and the only way to do well is to actually have a complete understanding of how and why certain fact situations apply and in what situations to apply them. I'll know in three weeks what the outcome was and I'll fill you in at that time.

The workload has become even more demanding as the reading and briefing assignments have remained constant while the additional writing assignments are thrown in for good measure. It is not unusual now to actually see the toll that sleep deprivation takes on the human body as many students are irritable, noticing someone nodding off in a class has become a regular occurrence. I am not without fault here! There simply does not seem to be enough hours in the day to complete all that is assigned. However, it is well known among all students that procrastination will lead to falling behind and if that happens there is little chance of catching up. Organization skills and discipline are a must. There simply is not room for any type of slacking.

Besides the assigned workload we are now expected to take in workshops (mandatory) and the scheduled exams are not scheduled during class meetings which further infringes on what was once referred to as "free" time. The "free" time aspect is now a distant memory as it is nearly non-existent. As a group we felt that the professors could not possibly push us any harder but they can and we are adapting. It is a progression and the professors know the game well and are attempting to mold us into finely tuned legal machines. The students are now beginning to show signs of superiority based mainly on commitment and coping capabilities. The weeding out process has begun and the professors are serious about it at this point. Meeting with them in our "non-existent spare time" has become a must and they expect it. Assignments given are purposely vague, so that if you do not schedule an appointment to have the assignment clarified you will not do as well as is expected. The boot camp analogy is taking on new and unforeseen clarity as the workload increases and the affects associated with it become more noticeable.

I do not know at this point what I would say to any future law school students to prepare them for the experience at this point. I can say that a good start would be to force yourselves to do assignments before their deadlines and act as if you only had one week to do those papers that are due at the end of the semester. Get used to writing, re-writing, and then completely and thoroughly reexamining your work before turning it in. It is a must here and the only way to even come close to turning in sufficient work. I am not talking about A level work, I am referring to acceptable work.

On the upside, I had what I would consider an epiphany at about 3 AM this past Tuesday morning. Either that or I was delusional, I am not quite sure which yet. Regardless, the cases I have been reading for Contracts began to make more sense and became easier to read. I had thought I had reached a higher level of understanding in Con Law, but now the bar has been raised and the levels of understanding with it. It all seems much clearer now though which is definitely reassuring, as I was beginning to become concerned that I was not going to ever grasp the issues within the cases. It was like the proverbial light bulb had come on. We were told that this would begin to happen over the coming months during the introduction week and that it would take a semester to a year depending on the student. I am just relieved that it has started for me! One of the hardest things to deal with through these first months has been the feeling of drowning in material that is over your head and the constant self-analysis that one goes through trying to determine why the material is not clear and why you did not see that point or issue when the professor makes it abundantly clear that you should have.

I hope you are all well and classes are going smoothly. Have fun on the Tally trip and have a drink (or two or three) for me. I need them but just do not have the time!

-- Dan