The Precedent - 2015 Graduation Edition

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Letter from the Editor Kevin Khoa Nguyen Amidst the joy and relief of graduating law school, concern about the bar exam, the gratitudewe feel for those who helped make our success in law school possible, and excitement about our livesahead, many of my fellow 2015 WSCL graduates are expressing their strong desires and hope that theintense friendships developed here will remain intact and indeed flourish in the years to come. In this issue of The Precedent, we celebrate the members of the 2015 graduating class of WSCL.These are our colleagues, partners, confidants, and above all, our friends! What we went throughtogether is like nothing we had ever experienced, and yet we managed to provide each other with thesupport critical to achieving success. I think this bodes well for our future, individually andcollectively, and I am so proud and honored to be here with you now. Thank you for giving me the opportunity to serve as Editor-in-Chief of The Precedent and SBAVice-President. These positions gave me the chance to get to know more about your lives inside andaway from school, your goals and dreams, and the various people and things that matter most to you.I am deeply grateful for this, and to the entire student body, faculty, staff, and alumni of WSCL formaking this experience so richly rewarding. What distinguishes people, communities, and nations is not so much the rules or theories theyespouse, but what they actually do. As attorneys, we have the unique opportunity to help ensure ourlaws are developed and applied reasonably and fairly. This of course is our duty and our privilege,and I am so thrilled to step out of the classroom to begin this journey together with you! 33

12 The U.S. Supreme Court Admonishes Lawyers to Use “Plain Terms” When Writing Briefs By Andra Lyons Maples When Howard Shipley requires crystal clear thinking and impeccable editing submitted a jargon-filled ability. Using simple, clear writing is a skill that petition in a patent case, The requires patience and practice. U.S. Supreme Court ordered Shipley to show cause why Carter Phillips, chairman of the executive committee at he should not be sanctioned for submitting the petition. Sidley Austin, says that new lawyers often assume that On March 23, 2015, The Supreme Court discharged the court has more interest in or time to devote to a the Order to Show Cause but reminded all Members of the subject than it usually does. The court expects to Bar that Supreme Court receive documents that are clear and concise; therefore Rule 14.3 requires petitions for certiorari to be stated “in plain terms.” lawyers must be able to translate complicated material Why do some lawyers write excessively into something that is reasonably easy to understand. A wordy briefs with complex words such as “hereinafter” or “whereupon”? Hank writing is clear when Wallace, a lawyer and former journalist who teaches plain-language seminars to the intended reader lawyers, says most lawyers say they are concerned their writings will seem weak understands it or undignified if they use plain language. Wallace says if a brief is too unclear or needlessly accurately and difficult to read, the judge will hold that against the writer. completely in one Ross Guberman, president of Legal Writing Pro, says reading, and it is there is a pervasive myth that lawyers write in “unplain” prose on purpose, but in truth it is incredibly difficult to concise when it write in plain clear sentences. Guberman says to do so contains no unnecessary words. Lisa Blatt, head of the Supreme Court and appellate practice at Arnold & Porter says that everyone needs to follow the golden rule of writing, which is to “pretend you are the judge and you have to read the brief.” Source: Tony Mauro, A Tip from the Justices on Writing: Keep It Simple, The National Law Journal (March 27, 2015). 44

COMPETITION TEAMSHonors Moot Court - NegotiationMock Trials & Other Competitions 55

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12 Founding Fathers Against Death Penalty By Jordan Pugeda “The conventional wisdom In 1786, Bradford had written, “the name of Beccaria is that America’s founders has become familiar in Pennsylvania, his authority has were gung-ho about capital become great, and his principles have spread among all punishment. But that,\" classes of persons and impressed themselves deeply in writes Professor John the hearts of our citizens.” Before he was able to exert Bessler of the University of significant influence on Congress or the states to limit Baltimore School of Law, or abolish capital punishment, Bradford died in office in \"is a myth.” 1795. In an Op-Ed published in Bessler believes the present trend in the U.S. away from the National Law Journal, the death penalty in favor of life sentences suggests the Bessler details support eventual abandonment of capital punishment in the U.S. among the founding fathers for positions advocated by Bessler adds, “[i]n an era of maximum-security prisons Cesare Beccaria, Italian author of On Crimes of and life-without-parole sentences, the death penalty can Punishment and fervent opponent of capital no longer be considered necessary.” punishment. One example Bessler cites is Thomas Jefferson's statement that “Beccaria and other writers on Source: John Bessler, Op-Ed: Actually, the Founders crimes and punishments had satisfied the reasonable Rejected the Death Penalty, The National Law Journal world of the unrightfulness and inefficacy of the (October 27, 2014). punishment of crimes by death.” Another example cited is James Madison's desire that states abolish the death penalty. Said Madison, “I should not regret a fair and full trial of the entire abolition of capital punishments by any State willing to make it.” Although U.S. law authorized the use of capital punishment, Bessler describes President George Washington’s appointment of William Bradford in 1794 as the second Attorney General as one of Washington’s approaches to curtail or eliminate capital punishment. 88

PUBLIC SERVICE • Blood Donation • Bone Marrow Drive • VITA (Volunteer Income Tax Assistance) • Beach & Park Cleanup • Cancer Walk • Multiple Sclerosis 5K Run • Mentoring K-12 Students • Easter Baskets for Orphans and Foster Children • Volunteer at Legal Aid Society of Orange County, Courts, Legal Clinics • Peanut Butter & Jelly Sandwiches for the Poor • Homeless Shelter • Carnival at Children’s Care Center 9

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12 Prepare for Your Interview Like a Pro By Pamela Davidson Assistant Dean, Career Resources As the saying goes, the but be sure to verify through other reliable sources (trust resume gets you the interview but verify). and the interview gets you the job. But once they have the Research the interviewers: Now that you know about interview, most people are the company, it’s time to find out about the folks with unsure how to set themselves whom you will be meeting. First stop: Back to the apart from the competition. company website. Almost all law firms have profiles of The answer is summed up in their attorneys that include practice specialties and one phrase: Be prepared! education. You can also go to the State Bar of California website for background basics like education Lack of preparation is the #1 and year they passed the Bar. reason that people botch up Next stop: LinkedIn. LinkedIn provides background information on over 200,000,000 people around the an interview. Hiring managers frequently complain that globe. Not yet a member? Sign-on is easy and you just need a presence (not a full-blown profile) to view other the candidates they interview are sadly unprepared. people’s profiles. Tip: put your settings on anonymous before jumping onto other people’s pages. Click on the How unprepared you ask? Woefully and photo in the upper right-hand corner, scroll down to Privacy Settings, Privacy Controls (bottom center), embarrassingly so, I reply. These poor employers have “Select what others can see when you’ve viewed their profile” and choose option 3: You will be totally interviewed candidates who -- halfway through the anonymous as you move from profile to profile. Plus, you can always change it later on, but for this learning interview – have asked which position they were curve, it’s best to be invisible. interviewing for. One even had a candidate ask which company it was because she just couldn’t remember where she had sent her resume (really??!). Needless to say, if you don’t know where you’re interviewing, nor for which position, you won’t be getting an offer. Period. So if preparation is the golden ticket, how do you Prepare for the interview: Interviews create anxiety, proceed? Three steps: research the company, research which reduces the chance that you will remember all of the person (or persons) with whom you will be meeting, that great information your research has uncovered. and research the duties of the position. The cure: a cheat sheet! Type out a page of notes on the company and interviewer so that, in the event your Research the firm/company: Start with the firm’s memory exits the building before you do, you have a website. Most entities have beautifully designed concise set of prompts to rely on during the interview. websites that describe their services, their people, their For example: culture, and in some cases even their clients. Investing just fifteen minutes reviewing the website provides you ü UCLA undergrad, 1990 – played basketball! with strong indicators of what the company does and ü Western State alum, 1994 what they’re about. Tip: choose key terms and phrases ü Likes hiking, hockey, foreign films from the website to weave into your interview responses. For example, if the website refers to the During the interview, you can weave this information firm’s pride in their “collaborative” approach to into the discussion as appropriate. It flatters people working with clients, use the word “collaborative” in that you know about their background and impresses describing your work style (if true). hiring managers that you have done your due diligence in preparing for your interview – a win-win! Next, look to second-tier research resources such as YouTube, Wikipedia, Hoovers, Chambers & For additional resources on preparing for interviews, Associates, NALP.org, and even a good old-fashioned please visit Career Services for a complete listing of Google search to pull up recent news and happenings. resources, websites, and more. Wikipedia can provide a good snapshot of the company 11

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