



(The failure of law schools; when to take LEEWS; much more. . .)
“There is a system for
handling the law school essay exam well.
It's the single most important key
to law school success. Its creator is Wentworth
Miller, founder of LEEWS. A friend
who made law review discovered that every one
of his fellow editors had taken LEEWS in their
first semester of law school, as had he. Other
than this book, LEEWS is the best thing you could possibly
have going for you.”
— PLANET LAW SCHOOL (1998), pp.
83, 89.
(Read our review of this provocative book and the full text of its description of LEEWS; also a review of PLANET LAW SCHOOL II.)
Welcome to the ("clunky," "old school,"
"amateurish") LEEWS website
Also described as "looks-like-it-was-constructed-by-a-10-year
old," "hard-to-navigate," "too much information," etc.
We plead "guilty." The website has grown over the years and needs updating.
This introduction is probably far too long. But, please excuse us.
There's a lot of useful, free information here.
Moreover, a slick website won't make up for offering little more than
the ineffective, IRAC-based, standard exam writing advice offered
by all of our competitors.
If you're prepared to order the audio program or sign up for a live
program, both of which offer a free trial guarantee
(see "Guarantees"),
stop now. Save yourself some time. Go to "Order/Registration."
Otherwise, there is much here to ponder. The problem of law school, especially
law exams, and how and why only LEEWS has been successful in solving
the problem is a complex topic. Much of this website is devoted
to persuading the doubters, the bulk of whom are students already
in law school.
Weeks into law school, when a fog of confusion and self doubt begins to
descend, it's hard to believe a clear path out exists. "Gotta be a
scam!" is a typical reaction to our advertising. (Perhaps that's a
good thing for those who do LEEWS. Less competition.)
Our aim is to empower law students. The myths and pre and misconceptions
regarding law school are familiar. Our aim is to dispel the myths,
many of which are destructive and self defeating, correct the misconceptions,
and intelligently and accurately paint a portrait of what's what in
law school — all law schools! (The law school experience
from north to south, east to west, large to small, top to lower tier, is
remarkably similar.)
Our aim is to paint a hopeful portrait of what is possible. Law school
can be a stimulating, productive experience. It isn't for most.
Please bear with and excuse any unnecessary or repetitive discussion
you may encounter. We mean well. We're in your corner!
Welcome, especially, new law school admits!
Whether you found us via book, friend, lawyer, judge, internet
chat room, web search, etc., we're glad you're here.
Congratulations on your admission to law school! Think about that. You're
going to be a lawyer!
In coming to this website you perhaps have some interest, some curiosity,
some hope that LEEWS will provide what? ... An advantage, a leg up before
starting law school? If so, in this supposition you would be incorrect.
For reasons we will attempt to make clear, LEEWS provides much more than
a mere advantage.
Be sure to click on "Message(s) of the Moment" for advice
tailored to both new "1Ls" and upperclassmen. We've added
topics over the years. A sample — "A portrait of 1Ls
first term (What happens for most, versus what could/should be [Had
they taken LEEWS!]);" "Why so few law students get 'A' grades;" "If
LEEWS is so helpful, why hasn't it been incorporated into law school
curriculums after all these years?" (Short answer — It
would give law students too much power!); etc.
If your school is not your first choice.
Grasp and practice what we instruct, get great grades, transfer
to the law school of your choice. "A" grades are that important
in law school. Get A's, and college gpa, LSAT, etc. no longer matter.
Off hand, LEEWS grads come to mind who have transferred from Thomas Cooley
to Washington U. and Northwestern, Chicago-Kent to U. Michigan,
U. Tulsa and Hofstra to Georgetown (3 in one class from Tulsa to
G'tn.!), Nova to Duke, U. Minnesota to U. Chicago, South Texas to
U. Texas, U. Texas to Harvard, Whittier to UCLA, ....
What does LEEWS cost?
We offer LEEWS for what, given value received (what are A's worth?!),
our customers uniformly think is an absurdly low price.
$135 early registration (by Weds. prior) for the live program (includes
book and coffee), $150 at the door. Group discounts can reduce cost
considerably. E.g., 3-6 = $120; 7-12 = $115; 13+ = $110, OR free course
to organizer and $115/per. $175 for the equally effective audio program
(incl. book and shipping).
The small, personal operation that is LEEWS:
We're nationwide, even international, but not large. Basically a mom
'n pop operation run by Wentworth Miller LEEWS founder/instructor,
former Brooklyn prosecutor, former assistant United States attorney
(EDNY), Rhodes scholar, Yale Law grad ('77). Most important,
as many of the 900+ attested remarks in "Student Reactions" indicate,
Mr. Miller has deep empathy and concern for his
We're not about slick (expensive. deceptive?) promotion.
We have a single sophisticated product that we've
polished for over 30 years. Nothing else comes close to it
in effectiveness. (Which is why other study aids can't match our
guarantees.)
It may be noted that Mr. Miller uses a whiteboard, a flipchart, and the LEEWS Primer to instruct programs — not power point, videos, etc. This is more than adequate. Students enjoy themselves. Most also enjoy the equally effective audio CD alternative.
The important thing, perhaps the only thing you need to know is that LEEWS
solves the problem of law school and law exams!
A matter of trust:
LEEWS is effective because of one salient circumstance — the unique
difficulty of the challenge law exams pose, and across-the-board failure
of law school teaching to adequately prepare students to address this
challenge with skills/approaches needed to exhibit mastery.
A tangle of confusing facts, coupled with the instruction, "Sort this out as a competent lawyer would!," immediately puts the brightest, most diligent student on the defensive. Confused and intimidated, the great majority of students, even at Harvard/Yale/Stanford, flounder.
This uniform confusion and resulting mediocrity of response explains why
LEEWS enables students of lesser college gpa and LSAT statistics,
relative to classmates, to write the top exams, make Law Review, secure
top jobs and clerkship opportunities.
[Note: "Law review" (called "law journal" at Yale) is the flagship
publication of every law school. It is normally staffed by upperclassmen
in the top ten percent of their classes. Participation on law
review is hard work. Membership on law review is a signal honor
that virtually assures a top job.]
However, you have to trust us and Mr. Miller's near 35 years obsessing
over the problem of law school and law school exams in making
such a bold and self-congratulatory assertion. You have to trust
the book, lawyer, judge, friend, etc., who perhaps told you, "Do
it!," "Do LEEWS!"
You have to trust that LEEWS offers the correct path, not your professors
and the many classmates moving in a different direction. And that
is to ask a great deal.
Because implicitly we are criticizing an institution for which you
understandably have great respect, and which you contemplate with
a certain awe — your law school.
It is perhaps asking too much once a student finds him/herself sitting
in class with that aforementioned fog of confusion and self doubt
descending.
However, consider this. If law schools did what they're supposed to do,
LEEWS would not be so effective. LEEWS would not exist. (!!)
Much of what follows is our attempt to earn/justify your trust. (If we're preaching to the choir, then, as noted, perhaps what follows is for the student already in law school.)
Be sure to check out "Basic Truths About Law School." It
provides hard-hitting, somewhat jarring facts (requiring the trust
we have alluded to). For example, much-feared class participation
normally counts nothing respecting the final grade. The advice
about purchasing used books may save you a few dollars.
!! Want a thumbnail sketch of how in depth and comprehensive LEEWS instruction is? Click Regis/Order/Cost to view the track headings on the back cover of our audio CD program. You'll have to peer closely; but you'll understand why an entire day is required to grasp our system, and why it's worth it. You'll save so much more than a day when you avoid the wasted motion most law students engage in.
Game for more discussion? ...
Doing law school the right way (differences in LEEWS
day-to-day approach versus traditional approach):
A major commitment of time, sweat, and money lies before you. A
lot of money! The important thing is to do school the right
way, preferably from day one.
Law school needn't be the "scary," "awful," "you'll hate it," "your
life ends," "frustrating" experience many would have you anticipate.
The law school game, even including exams, can and should be interesting,
intellectually stimulating. But it's a different and unfamiliar game.
LEEWS approach and instruction is very different. It is what law
schools ought to instruct, but don't.
For example, where classmates' case "briefs" — facts,
procedure, issue, rule, holding, rationale, etc. —
are typically laborious 1/2 page to page-long affairs (until they switch
to "book briefing"), a LEEWS grad's case brief is only 2-4 lines. (Really!
2-4 lines in the left margin of the note pad. [Complete] "black letter
law" needed for the exam, an understanding of how to use or apply that
law [to new and different facts on an exam], a ten word synopsis of the
case.)
2-3 weeks into term, classmates, unable to keep up their lengthy briefs,
switch to "book briefing" — highlighting and marginal
notes in the casebook. The problem with book briefing, which some study
aids tout as a tactic, is that one has to go back and review cases
prior to exams. Very inefficient!
Where classmates take copious notes (typically 3-4 pages per class hour),
ending the term with a mountain of notes they won't have time
to review, the LEEWS grad takes 1/2 to a single page of notes per class
hour. These notes are then discarded weekly. (Literally!) Because weekly,
everything of importance in those 2-3 pages (versus 10-15 for classmates!)
is incorporated into a "course outline" — a summary
of law deemed relevant to the exam, organized for speedy reference.
[Most first term law students
typically begin course outlines too late in the term. Moreover, their
outlines are often 100 pages and more in length. A LEEWS-constructed
outline will be in the range of 30-50 pages, sometimes a bit more,
often a lot less [10-12 pages!].)
[Note: The reason students take copious notes is they don't know how to
"analyze as a lawyer," don't understand what is needed for exams,
don't understand how class relates to exams. Confused, unable to make
sense of the many threads of discussion, they compensate by writing
everything down. They reason, "I'll make sense of this later."
But there's no later in law school. Material keeps coming at
you. Once behind the curve, it's nigh impossible to catch up. Especially
if you don't understand the game and its rules.]
The reason is that law school classmates will seem the most able group
you've ever had to compete against. Many have PhDs. Many have
written books. Some have been doctors and CEOs of companies. Even
at lower tier schools, most had near 4.0 gpa's in college, and many
have high LSATs.
The confident erudition of some who respond in class will intimidate.
Students think, "I can't do better than that person;" "I'm not as smart as
that person and that person and that person."
Thus, students begin to buy into the most prevalent, self-fulfilling,
and destructive myth in law school — all law schools!
Namely, that doing well on law exams requires special, innate, lawyering
aptitude — "genius for the law," "the Right Stuff."
Moreover, you either have it (very very few), or you don't (the great
majority).
Law professors (who almost uniformly did well in law school) and those
who do well naturally propagate this myth, because it is so self
congratulatory. (Who doesn't want to think he/she is a genius of
the law?)
This myth also excuses the failure of case method instruction —
reading, briefing, discussing law cases — to give students
a fair shot at writing masterful exams. Confronted with the usual pile
of mediocre exam responses, a law professor must conclude a) I failed
to train lawyers; or b) ability to master law exams requires a rare, innate
aptitude. (Duh-h!)
The confusion and intimidation most students experience in class reinforces
a growing sense of inferiority. Students begin to accept that A's
are beyond their ability. Many are worried about just passing exams.
Getting the B's most schools now award for mediocrity is therefore a
great relief.
Students are content with B's. A's are believed to be beyond reach.
Anyone or anything that asserts that A's are possible, even probable
(LEEWS!) has to be lying.
Mr. Miller has been invited for several summers to instruct a very able
group of minority law students headed to top law schools. (E.g.,
18 going to Harvard, 5 to Yale one year.) He is struck by the confidence
of this group (indeed, most prelaws) compared with students he
instructs six weeks into first term. (Cowed, skeptical, merely
hopeful of passing. We're pleased to note that by day's end they are
much more confident. They're even eager. Because they now understand
the game and see the possibility of doing well.)
Doing LEEWS via audio program prior to starting law school:
More and more students do LEEWS via the audio CD program
prior to starting law school. If you choose to do this, we
suggest you revisit the program six weeks into first term. (OR
attend a live program at the reduced "repeater" rate.)
It will be hard to resist following the herd of confident-seeming (on
the outside) classmates who, as advised, will be preparing lengthy briefs
and taking endless and useless class notes. So you'll likely need to refresh
what we instruct. Trust us and our 30+ years of experience. They're wrong!
Meantime, enjoy your summer. Read biographies of lawyers. (E.g., My
Life in Court by Louis Nizer.) Read novels. Then enjoy
law school. (Yes, it's possible!)
STILL WITH US? STILL INTERESTED? STILL WANTING MORE PERSPECTIVE, MORE INSIGHT,
MORE PERSUASION?
Welcome to law school, where the only thing that counts is grades.
Not membership in organizations or on sports teams, as in college.
Not being president or secretary of your law class (unless you
plan a career in politics and/or seek a non-legal job). Grades are
everything in law school, and, counterintuitively, first year grades
are most important. Grades largely determine who makes the aforementioned,
prestigious "law review," who gets choice jobs (now, more than
ever!), who gets prized judicial clerkships.
Across the board, in every one of America's 200+ law schools
(Yes, over 200!), grades are almost exclusively based on
a final exam at the end of term.
Very rarely is a paper assigned in first year, or are quizzes
given. There is homework (case briefing), but it is not turned
in. The feared Socratic give and take in class normally counts
little toward the grade. (Perhaps a half grade bump for those
who participate frequently, but do poorly on the exam, as they often
do.) If there is a midterm exam, it will count — 10%, 20%, 30% —
only if it boosts the final grade. It won't detract from
a good performance on the all-important final exam.
Grades have inflated greatly in law school in the past 15 years,
particularly and curiously at higher ranked schools. One rarely
hears of a professor who, as many once did, gives no A's in a class
of 75, or only two. One rarely hears of grades of F, which were once
common in law school, and very few D's. At Harvard, Yale, and Stanford
first term grades are simply pass or fail, and almost no one gets a fail.
Nevertheless, typically no more than 10 percent of grades in law school
are solid A's. This is so even at top schools, where everyone
works hard, had a 4.0 gpa in college, and has a high LSAT
score. In the increasing number of (usually top tier) schools
where the grading curve mandates as many as 20-30 percent A's (once
unheard of in law school), professors satisfy the requirement by giving
A-'s. It may be noted that until recently the grade of A- did not
exist at most law schools.
Respecting who will do well in law school, gradewise, LSAT
score and college gpa matter little. Hard work isn't enough.
Confusion, time pressure, unfamiliarity with what is wanted
(a competent, knowledgeable lawyer coming off the exam page!),
and lack of necessary skills — especially how, precisely, to analyze
"as a lawyer" — ensure that almost all law students write mediocre
exams. (Again, even at Harvard/Yale/Stanford.)
In law school an unexpected opportunity exists for not just possible
A's, but probable A's. (B's, no problem.)
It is upon this circumstance that our 30 years of success
is based. LEEWS ensures a competent, lawyerly exam response.
Such a response will impress and compete for a top grade in
any class at any law school.
Consider the following recent statement by a University of Georgia law
professor to his classes:
"If 100 points are possible on my [final] exam, I anticipate scores
in the range of 25-35."
In other words, after a semester of his instruction, this professor anticipated
performances considerably worse than mediocre. A's would
go not to "natural geniuses of the law," students who had
by any measure "mastered" the exam, but to students whose
exams were merely somewhat less incompetent than those of equally
smart, hard-working classmates. Students who scored 35 out
of 100!
The example of this professor may be a bit extreme. However, it points
up an important truth about all law schools that
creates an opportunity for advantage. ( Again, note: "All"
includes Harvard/Yale/Stanford. )
Most everyone in law school is smart. Most everyone works hard. However,
measured against the standard of what a competent lawyer,
knowledgeable in the subject tested, would produce, most
every law student writes a relatively mediocre exam.
[It may be noted that the "competent lawyer" would also be possessed of
a system for dissecting any essay fact pattern
into component parts, corresponding to issues the professor
wants discussed, under time pressure. He/she would also be able
to present analysis of issues concisely, roughly one per paragraph.
He/she would be possessed of LEEWS!]
The reason for this mediocrity of the great majority of law exam responses
is apparent (to us at LEEWS), and is unlikely to be remedied
any time soon. So why not take advantage of it?
We've noted the failure of case method instruction to adequately impart
the lawyering mindset. The format and time pressure of law essay-type
exams adds to the confusion. IRAC and standard exam-writing
advice — "support your position," "argue both
sides," etc. — doesn't come close to providing
adequate guidance. (Standard law exam writing advice is big on
what one should do, but short on the exactly how.)
The result, almost without exception, is rambling, conclusory, scatter-shot
exam responses that fall far short of any standard
of lawyerly competence.
Law professors have come to expect such ineptitude. They regard it
as the norm. They reason [an excuse for inadequate
instruction?!] that only a select few —
"natural geniuses of the law" — are capable
of mastery of problematic law essay exams. (Of coming off
the page as a competent lawyer, knowledgeable in the subject
area.)
But even these "geniuses" fall short of a truly lawyerlike effort. Typically their exams are not great, but merely less inept.
Most any student properly trained to "think as a lawyer," and in addition
possessed of a proven effective system for preparing
for and handling any essay exercise, will distinguish
herself amid the sea of mediocre exams professors are confronted
with, and compete for A's.
We expect LEEWS grads to achieve not 35 our of 100 possible points, but
45, 55, 75, even 90! We are not at all surprised that our students
typically "Am Jur" exams. (Win the American Jurisprudence
award for the highest grade in the class.)
[Here, as elsewhere, you'll have to trust our 30+ years of single-minded
focus on the law school game. No one but no one,
including law professors (many of whom were instructed
by us!), understands the ins and outs of America's 200+
law schools better than Wentworth Miller, LEEWS founder/instructor.]
Perhaps you're wondering whether any of the many study aids competing for
law students' attention
can make a meaningful difference. The
answer is probably not, if "meaningful difference" means vaulting
a student from having no chance at A's to a genuine possibility of A's.
However, LEEWS does. Dramatically so.
We do advocate getting a (used) "commercial outline" for each course as
an adjunct to our instruction. (I.e., Gilbert's [on torts, property,
etc.], or Emanuel's [on torts, property, etc.], or Legal Lines,
Blonde's, Nutshell Series, etc.) Get one early on at the used book
exchange or by posting a notice for upperclassmen (who will be pleased
to unload theirs). ($10-15, versus $30-40 new.)
The commercial outline is a source of more complete "black letter law"
— legal rules, precepts — than will normally be found in cases.
You'll go to this source early on in implementing the LEEWS 2-4 live case
briefing approach. Bar review materials are also a good source of black
letter law. Choose the outline that sets forth the law in a way you find
pleasing, easily comprehensible.
The scoop on standard exam writing advice:
What it is:
Not so many years ago, exam writing advice from law professors and law
schools consisted of little more than "prepare for/attend every class;
take careful notes; learn the law; study hard." It was deemed that having
diligently pursued the foregoing, and in addition compiling a course outline
(summary of law covered) toward the end of term, success could be had
on exams. ... IF, in addition, you had the Right Stuff! (Quasi mystical,
innate aptitude/genius for the law.)
Talk to upperclassmen who had done well, and some swore by their outline
summaries as the key to success. Others were found to have worked extensively
practicing with old exams. Some might emphasize paying close attention
to predilections — likes, dislikes, peeves — of the professor.
The advice on how to write the "A" law exam was a patchwork.
Some more sympathetic professors began to sketch out specific do's and
don'ts respecting ingredients of superior law exam writing. At the segment
of this website entitled, "The Standard Advice—Free!,"
we set forth precisely such do's and don'ts. Save for an added emphasis
on "IRAC," discussed shortly, and parenthetic updates, almost word for
word this reproduces advice complied and desseminated free to students
by onetime Harvard, later NYU law professor, Derrick Bell, in the early
1970's. (To this day Mr. Miller, LEEWS founder/instructor, has this mimeograph
among his archives, complete with highlighting.)
As law school tuition and fees have surged past 20 and 30 and $40,000
per year, law student/consumers have became valuable commodities in the (financial)
calculations of law school administrators. (Yes! You represent important
$$$!) Schools (below the very top tier) began to respond to student complaints
about lack of adequate preparation for exams they found bewildering and
intimidating.
Here and there, SBA (student bar association) and other law school organizations
had long conducted informal exam writing advice sessions for 1Ls. However,
now administrations began to offer formal in-house exam writing instruction.
They brought in "experts" from outside, persons and organizations (such
as LEEWS), to conduct exam writing advice sessions. Professors took it
upon themselves to offer such instruction. (A six-week program conducted
by a professor at the University of Minnesota School of Law comes to mind.)
Professors have written books on the subject, such as Getting to Maybe.
(Evaluated in our segment, "How LEEWS Differs.") Some programs,
such as the Academic Resource Center at 3,000 student, three campus,
law school factory, Thomas M. Cooley, are elaborate indeed. Cooley's "ARC"
has its own building. More and more law schools incorporate exam writing
preparation/writing instruction, along with brief-writing instruction,
in orientation programs.
Add to this body of do's and don'ts an emphasis on IRAC, and a practice
exam or two, which is gone over to reinforce the do's and don'ts (most
of which are fairly obvious — e.g., "label what you're doing,"
"paragraph frequently," "don't assume facts," "allocate time wisely,"
"argue both sides," etc.), and you have the gist of the best that law
schools and commercial competitors of LEEWS have to offer respecting exam
writing/preparation advice.
Why it's ineffective:
Standard advice is surely helpful. Given the anxiety and woeful ignorance
of entering law students respecting addressing exams, it is well received
and appreciated. To a new law student, merely learning IRAC — Issue,
Rule, Application/Analysis, Conclusion — is a revelation. Students
often ask Mr. Miller, "Are you familiar with the IRAC system?"
The problem is that standard advice, while reassuring, has never made that
much of a difference in exam performance. Following disappointment with first
term grades, the universal judgment of students respecting standard exam
writing advice, whether from a professor, the law school administration,
or one of our commercial competitors, is that "it didn't make that much
of a difference." They knew they were supposed to "follow IRAC," and
"IRAC the exam," but precisely how eluded them.
Confronted with severe time pressure, and several dense fact patterns
ending with an instruction such as, "Prepare a memo for a partner at your
firm addressing the issues raised in the foregoing fact pattern," and helpful
do's and don'ts are merely that — helpful! In their aggregate they
are not a system! The student remains confused about how to begin, how to
make sense of so much information. He/she learned how to address the exercise
as a lawyer!
And that student finds fault not with the professor, not with the law
school (after all, they provided instruction), but with him/herself. He/she
buys into the myth. He/she concludes that the requisite aptitude/genius for
writing the superior exam deserving an "A" grade is lacking. That student
resigns him/herself to second class citizenship in the law school. That student
is content, even grateful for B's.
The problem with "IRAC":
IRAC is merely a formula. It indicates what professors (and
bar examiners) want to see in the analysis of an issue —
the four elements. However, it does little to instruct how this is
to be accomplished. IRAC is therefore hardly a system.
For example, IRAC posits an issue to be analyzed — I!
However, how, systematically and methodically, one identifies issues
is not addressed. Indeed, what, exactly, constitutes an issue is never made
clear.
A review of competitor offerings reveals that none of them precisely define
what an issue is. Nor do law professors. (Students don't ask!) If one
were to ask, one would likely hear that an issue is "a topic," "a question,"
etc. The notion remains vague. It's sort of like, "I know it when I see
it."
LEEWS, by contrast, precisely defines issue. It's a legal inquiry. E.g.,
is party X liable for battery? Its also something contested by competing
parties, as in a lawsuit. E.g., did a battery occur? Also —
subissues of determining whether a battery occurred —,
was there an intentional act?; was it harmful or offensive?; was it unprivileged?;
was there contact? (These being the elements of a battery that must be
established to a preponderance — i.e., more likely than
not.) A contested fact can also be an issue. E.g., was the weapon "deadly?"]
When professors (and bar examiners) say they want "relevant issues spotted,"
they mean they want legal inquiries implied/raised by the facts of the
essay, in conjunction with the question/instruction posed by the professor
(e.g., "Discuss the liability of all parties."), to be identified.
"Issue spotting"— An example of the inadequacy
of standard advice:
Respecting issue identification, the advice offered by professors
and other study aids goes little beyond the following: "Read the facts
carefully!"; "Pay attention to issue-generating words and phrases"; "Every
word may have issue-generating significance"; "Pay attention to adverbs
and adjectives" (seriously!); etc.
In sum, standard advice does little more than advocate a hunt and peck
approach. Thus, law essay exercises are often referred to as "issue
spotters." It is assumed that identifying or spotting (relevant) issues
is an art or talent or knack that some will have a greater aptitude for.
This feeds the myth that writing the superior law exam requires an innate,
lawyering aptitude or genius.
Nonsense! LEEWS reduces issue identification to a disciplined science.
Where others haphazardly "spot" issues, a LEEWS grad systematically
identifies issues. Indeed, a problem of LEEWS is that students identify
so many issues, often issues the professor failed to see in her own hypo.
But this is also how one begins to compete for the top grade.
He found it ineffective.
The unusual circumstance that Mr. Miller was both practicing law (first
as an assistant district attorney in Brooklyn, later as an assistant United
States attorney — EDNY, civil div.), while trying to offer advice that
would make a meaningful difference for tutees facing the essay segment
of the New York bar exam, led, eventually, to a breakthrough insight.
This insight was truly new. It had never before been articulated in any
book, or by any person purporting to instruct how to address law exams.
It is an insight that, strangely, despite 30 years of LEEWS, continues
to be unknown and unexplored in legal pedagogy.
The insight, based upon the recognition that all legal problem solving
presupposes conflict resolution, enables all legal problem solving exercises,
including law exam essays, to be understood and approached in exactly
the same way. In other words, it provides a common demnominator for comprehending
and resolving all legal problem solving exercises. LEEWS grads report using
this denominator and approach not only on exams, but on writing assignments,
and later in the practice of law in client interviews, when a new matter
lands on their desk, etc.
Lawyers who took LEEWS consequently sometimes pay for their law student
interns to attend LEEWS.
Mr. Miller recalls to this day the precise circumstances of his eureka
moment, and the excitement it inspired in him (and stills does!). He immediately
grasped that the insight would have made a big difference for him as
a law student at Yale. He began experimenting with introducing the insight
to his tutees. A rudimentary version of LEEWS soon evolved.
Mr. Miller eventually became so convinced of the effectiveness of his instruction
and the difference it would make for law students, that he abandoned the
practice of law altogether to promote the approach now known as LEEWS.
What LEEWS offers, an indication of its several systems, facets, and skills
imparted, is described up top — "What LEEWS offers (that no one
else does)."
What LEEWS offers (that no one else does):
LEEWS' chief innovation, offered by no other exam writing aid, is
the disciplined, step-by-step issue identification system that enables
all legal problem solving exercises — reading/analyzing
cases, writing assignments, client interviews, and especially the
complex essay exam exercise (called "essay," "hypothetical," "hypo,"
and [erroneously] "question") — to be approached,
comprehended, dissected, and managed in exactly the same way.
The idea is to make handling any and all essay exams in particular,
predictable and manageable. No confusion, no uncertainty. The student is
in control, not the exam.
In "What is 'LEEWS'" (up top), we've noted the instruction on how to analyze
"as a lawyer," and the system for presenting analysis concisely. (Roughly
one paragraph per issue.) The latter makes a "poor writer" good enough,
and a "good writer" better.
The how (as opposed to the what) of standard, but merely
helpful exam writing advice offered by others —
e.g., "IRAC the exam," "follow IRAC," "be objective," "argue both sides,"
"analyze as a lawyer," etc. —, which is elusive
of understanding and application, is now comprehended and easily implemented.
Of more immediate note, LEEWS instructs a day-to-day, week-to-week preparation
regimen that points not toward performance if called upon in class
(the obsession of most law students), but toward the only thing that
counts — the final exam. This regimen supplants
ineffective, conventional case briefing. It enables students to both
better comprehend and benefit from class discussion, as well as discern
the often elusive linkage between class and final exam.
LEEWS grads "brief" cases in 2-4 lines (versus the normal 1/2-one page),
take no more than 1/2-1 page of notes per class hour (versus the
normal 2-3 pages), and weekly work on "course outlines" that most
law students begin much too late in the term. Course outlines will
be constructed so as to effectively implement the LEEWS issue identification
approach on exams.
There is much more. (E.g., knowing your professor, consideration for the professor, "policy" versus "black letter" emphasis, etc.)
And never doubt but that a LEEWS grad will acquit her/himself more than
competently if called upon in class. Knowing how to "analyze as a
lawyer" and what is required for exams, enables correct preparation
for class.
A LEEWS grad is able follow and grasp what's important, while ignoring the considerable wasted motion in the best of classes. (E.g., "gunners" [talkative classmates] going on and on with irrelevant blather.)
The LEEWS advantage (in a nutshell):
As suggested in the foregoing, the considerable LEEWS advantage is
that where most flounder in uncertainty and eroding confidence, the
LEEWS grad understands both the law school and law exam game. He/she
avoids busywork (e.g., typing up notes and briefs). She/he proceeds
with confidence, certainty, purpose. He/she proceeds with a proven effective
PLAN.
In a sense the secret weapon and chief ally of a LEEWS grad is confusion
and intimidation inculcated by law school, compounded by ineffective
law school teaching. As noted, this enables students of lesser college
gpa and LSAT credentials to ascend to the top of the class.
As Mr. Miller is fond of saying to classes, "It's not that you have to write an excellent exam to get an A. The good news in law school is that most students write poor exams. A reasonably competent, lawyerlike effort will impress and compete for A's. Earning B's shouldn't be a problem."
[Note: "most law students" includes those at Harvard, Yale, Stanford, U. Chicago, NYU, Columbia, UPenn, UVA, Duke, etc. The smartest and most diligent law students fail to grasp the lawyering game and how to play it on exams.][Respecting how many in a class do LEEWS, in fall 2007 word got out that
the ed-in-chief of the UGA Law Review had taken LEEWS as a 1L.
32 UGA 1Ls flocked to the Atlanta live program, and several ordered
the audio. Similarly, word-of-mouth regarding successful upperclassmen
prompted 40+ 1Ls from Northwestern and 50+ from NYU this past year. Still,
that's just 16% of NW's 2009 entering class of 260, 12% of NYU's class
of 450.]
The advertising we distribute seems to have little impact. In order to
overcome the reasons for not taking the minimal time and expense to
do LEEWS — skepticism, inertia, false economics, arrogance,
misplaced faith in exam writing/preparation instruction offered by
professors and others, etc. —, it seems someone or something
— book, lawyer, judge, upperclassman, friend at another
law school, professor — has to say, emphatically, "Do this
program!"
So you would be among the minority privy to LEEWS. (And those who do LEEWS
normally don't tell classmates.)
As noted, here is where failings of law school teaching respecting exam
preparation become the great equalizer and the ally of those who
do LEEWS. As a subsequent segment will demonstrate, even those who
impress in class are unable to perform much beyond a mediocre level on
exams.
However, much more than any of these sources, word-of-mouth from satisfied former students has long been our best advertising. It continues to be.
Bottom line. It is difficult to excel in law school on your own —
to get A's. We make A's
attainable, even probable. (Because you'll write
far better exams than clueless classmates.)
Our cost is less than a new textbook
(!!).
B's are guaranteed (and a top 1/3 finish first term!). You have a free trial of either the one-day live program or the equally effective audio CD program. No one else — Fleming. BAR-BRI, Law Preview, etc. — offers a free trial of their product.
We've explored at length how LEEWS is different from any and all other study aids, and why LEEWS is so much more effective. (Yes, yes. At too great length!)
Hopefully, we've persuaded even the student already in law school that he/she need not accept that A's on law essay exams are not possible.
If not yet, if a bit more belaboring is needed, then here it is.
More on the LEEWS advantage:
Law schools across the board, from Harvard to online offerings,
are remarkably similar. Usually one building, large lecture
classes in first year, same method of instruction, same type exams.
Indeed, nothing important has changed since Mr. Miller graduated
from Yale Law School in 1977. (The big change has been online research
tools and the introduction of computers and the internet to classrooms.
But many professors now ban computers in class. They're distracting.
Bored law students surf the web, play solitaire, etc.)
Law schools across the board commit the same omissions/misdirections in
instruction that LEEWS corrects and takes advantage of.
For example, excepting perhaps Northeastern, which heavily relies on
a work-study approach, all law schools instruct the aforesaid "case method"
popularized by legendary Harvard Law dean Christopher Columbus
Langdell over 100 years ago. "Brief" assigned cases, discuss them
in class.
Here's where feared socratic exchanges occur. However, while fear of
being called on motivates students to read and brief cases, the exercise is
too academic, too similar to previous memorize-and-regurgitate learning to
properly convey "how lawyers think and analyze."
Those few who seem to "get it" in terms of analyzing "as a lawyer," probably
had "it" before entering law school. (This likely explains the phenomenon
that those with backgrounds in math, hard sciences, engineering, philosophy,
Talmudic studies, and the like tend to do better on law exams than
English, history, and poli sci types, the latter supposedly the "better
writiers." The former are already in the lawyerly mode of close, nitpicky
thinking, concisely expressed!)
Mr. Miller is a pretty clever guy. He had one of the higher LSATs in his
class. He was a Rhodes scholar. But he acknowledges that he didn't
learn to "think as a lawyer" in law school (and he went to Yale!).
Indeed, Mr. Miller asserts that in his 30 years of delivering LEEWS
programs to many tens of thousands of law students from over 200 schools
(hundreds from Harvard alone!), most of them 1Ls, but many 2 and
even 2Ls, he has "yet to encounter a student who was much good at
the nitpicking dialectic that is lawyerlike analysis."
The simple fact is that law students learn to think as lawyers as lawyers
did before there were law schools — by practicing
law! Clinical programs in law school — "mock trial," "moot
court," etc. — are helpful. Summer and term time legal
employment is more helpful. But mostly you learn to be a lawyer and
think as a lawyer once you get out into practice.
Case method instruction fails to transition academically-oriented law
students to the practical, law-as-a-tool-applied-to-facts-to-achieve-a-client-objective
perspective and approach of the legal practitioner.
Curiously, perhaps tellingly, the words "lawyer" and "attorney" are rarely
heard in law school classrooms.
Law professors often have little experience in the actual practice of law.
(Typically a prestigious judicial clerkship and a couple years in the library
of a major law firm.) Few have ever tried a case. Many have PhD's in subjects
other than law. Many do not seem to like lawyers!
Yet the final exam, naturally, inevitably, unavoidably, is typically a
very practical exercise in performing as a lawyer knowledgeable
in the subject area being tested.
"Lawyerlike analysis" is different from normal analytic thinking. However,
the good news is that it is a skill that can be taught and acquired,
as Mr. Miller is fond of saying, "By anyone able to find his
or her way to one of our programs." Some will pick up the skill faster
than others. But all can acquire it with practice.
Acquisition of this single skill puts students miles ahead of the great
majority of classmates who don't have IT!
Only by making the transition from academic to facsimile of a lawyer will
a student have a chance at performing competently on exams.
As noted, LEEWS aims to make all law exams a predictable exercise.
Professors like to think that what is required on their exam differs
from what is required on another professor's exam. But this is yet another
conceit/misconception born of misunderstanding the very similar nature
of all legal problem solving.
At base, stripped to its essentials, every law exam exercise posits
the same task — "Perform as a competent lawyer,
knowledgeable in [property law, torts, contracts, wills, agency,
antitrust, etc.]." (Whatever subject is being tested.)
The student who learns to analyze as a lawyer before law school, or
early on in law school, is therefore considerably ahead of the
game in terms of competing for rare law school "A" grades. Indeed,
he/she enjoys an absurdly unfair advantage.
Final salvo (LEEWS is basically all you need):
In the winter/spring term, when most attendees of a live LEEWS
program have a set of exams under their belt, they are guaranteed "better
(essay exam) grades — or your money back!" This guarantee
applies if the previous gpa was a 2.3 or a 3.3.
Consistently over many years, fewer than 2 percent of such students take
us up on this guarantee. Does that mean 98 percent of students improve
exam performance, as we are given to advertise based on this finding? Surely
not. We know that some who don't do better don't seek a refund, because
they feel they benefitted. They typically acknowldege that they didn't
do the necessary follow up practice.
The important thing is that they are confident they can improve in future
by better implementing LEEWS.
To cite two examples of LEEWS’ effectiveness, it is no accident that in
2000-2001 40 percent of members of law review
(top ten percent) and Washington University School
of Law in St. Louis (including the editor-in-chief)
and 25 percent of members of law review at Duke Law took
LEEWS as 1Ls.
The most important difference between LEEWS and other instruction,
apart from the system and innovative aspects respecting breaking
down complex fact patterns into manageable compnents
(revealing issues) and concise presentation on paper
(roughly one paragraph per issue analyzed), is that LEEWS finally,
where all others do not, including 3-4 years of law school
(!!), turns academically oriented students into reasonable
facsimiles of practicing lawyers.
That's the key and the real bottom line. If they have fully grasped LEEWS,
and have done the follow up practice to
become proficient in the skills and approaches
LEEWS instructs, LEEWS grads approach exam exercises,
and come off the exam page, as lawyers knowledgeable in
the subject area being tested. As much noted, the comparison with
rambling efforts of students who are clueless about what
lawyers do (assist clients in achieving goals), and who are confused
and unable to take control of essay exam exercises, is inevitably
beneficial.
We wish you could just take our word for it —
or the
word of the many, many former students
whose remarks and letters are reproduced
throughout this website (with names!). Beyond (used)
textbooks, (used) commercial outlines,
and sometimes a treatise or "hornbook" (use
the library copy!), LEEWS is all you need. You don't
need resources that purport to teach or review
substantive law. (You'll be able to learn the law
from your casebook and [commercial] outline.)
You don't need the many study aids recommended in Planet Law School. You especially don't need the expensive, hand-holding, one and two-week simulated law school programs. They offer nothing new. Our students who have taken them typically lament the waste of money.
You may not even need LEEWS. Absent LEEWS, some few
law students (5-7 percent?) will consistently
perform better on exams than their peers. It's not that
they work harder or are smarter. As noted, training and habits
of thought acquired prior to attending law school more
approximates the "lawyerlike thinking" professors are
looking for in exam responses.
Problem is, this 5-7 percent cannot be predicted by college gpa, LSAT score, library hours, etc. Moreover, their seeming knack brings success only because it raises their effort somewhat above the mediocre level of most classmates. Their exams still tend to fall far short of a truly lawyerlike effort. They would prepare more efficiently and do even better with LEEWS.
Final point re comparison with others:
If you are comparing law school study aids, consider the most
obvious
difference – only LEEWS guarantees
results. Only LEEWS offers a free
trial of both its products – the one-day live
program ($135 or less in a group, including
book), and the equally effective audio version ($175 including
book and shipping). (Click Guarantees.)
The reason is that no other program or aid offers much beyond IRAC and the standard advice presented free at this website. (Click Standard Advice – Free Thus, they don’t impart much of an advantage. By the end of first term most 1Ls know what they instruct.
Click How LEEWS is Different for comparisons between LEEWS and exam writing/study instruction offered by professors and student groups, LEEWS vs. Fleming’s, LEEWS vs. Getting to Maybe, LEEWS vs. the free, 45 minute Bar-Bri-sponsored session, formerly with professor Charles Whitebread (now deceased), LEEWS vs. prelaw, simulated law school programs (e.g., Law Preview, Bar-Bri/NILE), etc.]
Again, there is a lot at this website. That's because there is a lot
to
know about us, law school exams, law school
itself.
Unless there is something you want to go to immediately, you might want to begin with Law School Basic Truths and Message(s)/Advice of the Moment. (Click Message(s)/Advice of the Moment. Click Basic Truths.)
* Click Guarantees.
... (and results) ... Mr. Miller: I want to thank you for the help I received by way of the CD program I ordered. My GPA was about 2.49 after my first year. I saw more C's than I care to enumerate. I listened to the program, utilized the strategy, and my grades this last semester [fall 2008] were much better -- A, A-, B+, B. B. Put simply, it worked. Thanks.
— Joseph T. Moore, Pepperdine '10
(More results under "Reviews" and "Results" sections.)
LEEWS takes the old IRAC approach and vastly improves on it. LEEWS is a Godsend ...It is truly disgraceful that a LEEWS-type program is not part-and-parcel of every law school's pedagogy.
— PLANET LAW SCHOOL II (2003), pp. 164, 165
There are lots of commercial programs and aids designed to assist law students in studying for and writing exams, but—trust us—Wentworth Miller's ["LEEWS"] is the best of the bunch. [LEEWS] is the secret behind the success of more law review members than you can shake a stick at. You really should check it out.
— THE PRINCETON REVIEW 2001 Guide to Law Schools, pp. 80, 83