0L reading list: Getting to Maybe

One handy thing about my deferral year is having extra time to read up about law school. This is the first in a series of posts in which I’ll discuss some of the law-related books on my nightstand.

Getting to Maybe: How to Excel on Law School Exams
by Richard Michael Fischl and Jeremy Paul.

Perhaps the mostly highly recommended book I’ve found for 0Ls/1Ls, Getting to Maybe stresses the importance of making ambiguity your friend when tackling law school exams. The authors warn that the standard IRAC  (Issue, Rule, Application, Conclusion) answer format is both overly wordy and woefully inadequate for almost all questions except certain straightforward issue spotters. Instead, they advise law students to move past the desire to get the “right” answer and develop their ability to identify and analyze “forks in the law” or “forks in the facts.” They explain how to take a clear position on which party will prevail while thoroughly exploring the likely arguments of both sides. The book includes many brief examples and longer model exam answers. I’ll be rereading parts of it once I am actually in school. As clear and insightful as Getting to Maybe is, it probably shouldn’t be first book a 0L picks up.