Counsel’s Counsel is the world’s preeminent advice column for law students. Written by recent UVA Law graduate, Jane Doe, J.D.
Question:
Hi, I have heard generally about journal tryouts from other 1Ls, but I haven’t heard much in terms of concrete, actionable tips that would help me during the process. I’m feeling a little behind. Is there anything I can do to optimize my journal tryout experience?
Answer:
Well, it makes sense why you haven’t heard any “concrete, actionable tips” from other 1Ls. First of all, they haven’t been through the process. More importantly, they are your competitors, so they have an incentive not to help you or, worse yet, to provide bad advice.
If there’s any group of people that reacts strongly to incentives—even slight ones—it is people in the legal industry. Doesn’t it seem odd that the vast majority of students do journal tryouts, despite having no interest in legal academia? That’s because having the resume line-item, which will have little to no value for most people, might provide some edge during the job search. Meanwhile, professors who clerked for the Supreme Court suck up to 2Ls on the VLR managing board because it might provide some edge in getting their articles published. It is part of the game.
In terms of “concrete, actionable tips,” definitely start studying for tryouts. I would start by memorizing the Bluebook sections. I used flashcards, but Quizlet will do. You’ll know you’re ready when you can glance at a citation and know which rule to flip to.
For the writing part, there’s a couple of things you can do. Personally, I did a few timed LSAT writing sections (like a dozen or so). It is like the journal tryout because it involves timed, persuasive writing on a prompt with two reasonable sides.
However, I learned a tip after my tryout that I wish I would’ve known earlier. First, pick any Supreme Court case decided in the last term, but don’t read the opinion. Then, read the appellate briefs for that case. Pick four cases from those cited in the appellate briefs and read their opinions. Then, write a mock opinion for the original Supreme Court case. Time this so that you start reading and finish writing your paper over a weekend. If your reasoning looks nothing like the Supreme Court majority opinion, you should be in good shape. I promise this will not be an immaculate waste of time.
I hope you have as much fun with journal tryouts as I did! It will be a weekend worth remembering.
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