Study, Habits, and Stories: a Guide to Staying Current on the Law
David Goggins wrote in his first book, “Human beings change through study, habit, and stories.” The same can be said for new lawyers. After opening my firm, I found one of the most challenging transitions I had was coming from a large, collegial office setting with mentors available to ask questions to working completely on my own. I realized pretty quickly that I needed to put some process in place to teach myself areas of the law I did not know well and to stay current on the law.
My process looks a lot like Goggins’ process for change. First, there is study. Every day I spend a few minutes — even as few as fifteen — reading a legal treatise. Currently I am reading a few different ones, including a treatise on the history of offender registries and the studies that have so far been done on them, Scalia and Garner’s treatise on statutory interpretation, and a book on false confessions. I take notes while I read and keep the notes for future use in appellate briefs, trial court pleadings, etc.
Second, there are my daily habits. Every day of the week I have a particular checklist that I follow to stay current on the law. Every day I check the Indiana Courts’ website for news releases. I also check the opinions and memorandum decisions handed down daily by the appellate courts. On Mondays, I also check what oral arguments have been scheduled. If I see one of interest, I place a reminder on my calendar to watch the livestream.
On Tuesdays I check the weekly transfer dispositions. If one or more of the justices would voted to grant transfer in a criminal case, I review the decision from the Court of Appeals, looking for any “trends” or areas of interest the justices may have. On Wednesdays I check the opinions released by the Seventh Circuit for the last week, and I check the cert petitions filed with the High Court in Indiana cases.
On Thursdays I check for any new proposed court rule amendments, and on Friday I check other orders of interest issued by the Indiana Supreme Court, including attorney discipline orders/opinions, and other orders. All of this can be found on the Indiana Courts’ website at in.gov/judiciary.
Finally, there are stories. This involves finding time every week to talk to other lawyers about cases. It can be something as brief as a phone call or an email. Or it could be listening to a podcast on a wrongful conviction, on DCS overreach, on a cold case, etc.. Or it could be watching a YouTube video or TED Talk on a relevant subject, an old CLE seminar, etc. It is essentially hearing a perspective that is different from my own.
If you are new to the law or find yourself not spending enough time staying current on the law, consider implementing a process of study, habits, and stories.