[Note to readers: I posted this last year, but thought I would bring it up again, with a few minor modifications.] ‘Tis the season in which law school grades are announced, which means that tens of thousands of law students around the country are trying to figure out what their grades mean. The VC has a lot of law student readers, so I thought some comments about grades from the other side of the podium might be helpful. In particular, I wanted to address two questions that I suspect are on the minds of lots of law students: First, how important are first-year grades, and second, are law school grades random? Both are big topics that are hard to cover well in a blog post, but I’ll at least try to touch on a few ideas and hope an incomplete answer is better than no answer at all.
I’ll start with a few thoughts on the importance of law school grades. It’s hard to offer a one-size-fits-all perspective, but yes, 1L grades ordinarily are very important in the short term. There are so many law students and so many employers out there that employers tend to rely on proxies to to determine which law students will make the best attorneys. The most obvious proxies are an applicant’s school and GPA, in part because there isn’t much else to go on when the applicant is only a student. The basic problem is limited information: employers need an easy way to screen candidates down to a small enough group to interview, and the school/GPA combo is a quick and easy screen. Different employers look for different combos: some employers favor school A over school B, others B over A (generally depending on whether big shots at the firm went to school A or B). And some employers focus more on grades than others. In general, though, the school/GPA combo is used as a sorting mechanism by many legal employers hiring people out of law school. The use of proxies can continue out in to the future, too: One employer might use the proxy of a prior employer to get a rough sense of ability.
With that said, fall 1L exam grades are probably less important than most people think. This is true for a couple of reasons. First, lots of people find that their first-semester grades are pretty different from their later semester grades. It takes some students more time than others to get “the game” of how to answer a law school exam question, and when they do their grades go way up. Second, your law school GPA is much less important — and in many cases, completely irrelevant — after your first job. Once you’re out of school for a bit, people care whether you are a good attorney, not your law school GPA. Third, the fact that a) judges are hiring clerks later, and b) law review at most schools is becoming less grade-based and more write-on based is tending to make 1L fall grades less important than they used to be. If law review at your school is based on a write-on competition, your grades don’t matter for it; and if judges are hiring clerks based on more than their 1L grades, your 1L grades are comparatively less important than they used to be.
Finally, it’s important not to let lower-than-expected grades become a self-fulfilling prophecy. Recognize the psychological game going on here: many students expect their fall 1L grades to give them a lightning bolt of insight about their future in the legal profession. Too many students think that grades are destiny, and begin to take steps to readjust their expectations to what they think is their destiny. A student who gets a B+ in Torts and a B in Contracts just might think to herself, “Well, maybe I should practice tort law, because I’m better at that.” Some students react to the sting of lower-than-expected grades by tuning out, by deciding law is dumb, and by concluding that they just aren’t good at it.
I urge all students not to take that path. All grades do is measure how well you did relative to your classmates on a few 3-hour exams taken at a particular place at a particular time. They’re only a snapshot of how well you displayed your ability at one particular time in the judgment of one particular professor, rather than a Scarlet Letter (whether A, B, or worse) sewn on for life. Plus, it’s just this kind of attitude that makes it less likely your grades will improve. By tuning out, you’ll only make it more likely that you won’t do as well as you should next time. My advice is to stick with it: get your old exams back, review them, and make sure you know what you did wrong. Then have faith in yourself and your smarts that you can improve your grades in the spring.
Okay, on to the next question: Are law school grades random? Many students think so. They usually reach this conclusion after getting back their grades, and finding that they had better grades in the classes they hated and expected to fail than in the classes they loved and expected to ace. There’s no rhyme or reason to these silly letters, the thinking goes; the profs must just throw them down the stairs and see where they land.
Not quite. To be sure, grades are at least a little bit random. For example, different professors have different approaches when they grade. Some pore over exams for hours, others read them pretty quickly. Some use a point system that gives you credit for mentioning an argument, others focus more on how skillfully you make the arguments. Some take off points for incorrect answers, others just don’t add any. Some care about how well you write, others don’t. Plus, it is by nature extremely difficult (if not impossible) to turn essay exams into a reliable and objective numerical score that accurately measures legal ability. The process requires judgment, judgment brings discretion, and discretion can be unpredictable.
But there are two important reasons why grades may seem random when they are not. First, in law it’s hard to know how much or how little you know. It’s surprisingly easy to have a false sense of security, or a false sense of insecurity, about a course or an exam. Consider exams. Most law school exam questions are “issue spotters,” and it’s quite hard to gauge how well you answered an issue-spotter. If you miss all of the big difficult issues, you will think that the problem is easy for you and that you aced it. If you see all of the big issues, you will think that the problem is impossibly hard and consider yourself a failure for being unable to know for sure how to resolve all of the difficult questions. The more you know, the more you see the difficulties of the problem and the more you know how little you know. The same goes for courses, too: the more you understand an area of law, the harder it seems to be. Of course, the student who sees all of the hard issues in a course and on an exam and grapples with those difficulties gets a high grade; the student who misses the issues and wrongly thinks the hard questions are easy does not.
The second reason grades may seem random when they are not is that grades are almost always curved. You are graded not on how well you did in an absolute sense, but rather on how well you did relative to everyone else in your class. This means that your grade won’t necessarily correlate to how much you knew, or how well you answered the questions on the exam. If you totally clicked with crim law, but hated and never understood civ pro, you may get a higher grade in civ pro than crim because lots of other people in the class felt the same way and spent way more time mastering crim law than studying civ pro. (And as a crim law prof, I have to say, who can blame them?) Similarly, if the exam in a particular class was unusually hard, you may end up with a top grade in the course simply because you were less lost on the exam than most of your classmates. Again, perceptions of your performance won’t always match the curve-induced reality.
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