We're encouraged to write notes, but do they really do anything worthwhile? Granted, they will have an effect on the note writer herself, if at all taken seriously writing a rather large paper ought to improve writing and organization skills along with research. But, on a larger scale, what do student-written notes matter? Most of the time a student is not going to make some kind of incredible discovery or develop some original theory that shakes things up; in fact, from what I've heard (speaking with random 3Ls) most folks simply write about circuit splits or small points of law that professors don't bother with (feel is beneath them). Additionally, I've heard a decent amount of speak against the benefit of notes from folks in our class - something along the lines of why write a note about an issue that will inevitably be resolved over time. An example was used comparing note-writing about an incorrect point of law to writing about taking out the garbage, why write about something that just happens (or, I suppose, why write about something instead of just doing it)?

I put some thought in on this, and I figured I'd share it. That's what the wiki is for, right?

Aside from the individual benefits of writing a note, which I consider pretty much enough reason to do it in the first place, I think there are some benefits to the profession as a whole. One such benefit would be a more capable lawyer in the world (yes! individual benefits can also have larger repercussions). I feel like note writing on minor points of law is in a sense similar to a judge writing a dissenting opinion, only it's not been asked for, and the only weight it carries is the soundness of the logic used. Still, it's important because it's a chance to lay down the framework on which a case can be built which may overturn the questionable point of law, especially if the issue is one not currently being litigated or if there's a lack of standing, which obstructs bringing suit. This will facilitate the litigation in the event suit concerning the law is brought. Additionally, it's important to put out a well reasoned argument because lawyers who actually end up litigating these matters may not have the same ideas the note writer does, and their argument may suffer for it. An additional pair of eyes on a subject never hurt anyone.

I dunno. What do you folks think? Note writing worthwhile, or a waste of time, caffeine, ink and paper?

-- MichaelHilton - 22 Apr 2010

What Eben just said concerning lawyers without a client seems pretty relevant to this (note writing) as well. More or less, that was my whole point. He's a bit better with words than I am.

-- MichaelHilton - 22 Apr 2010