Thursday, October 06, 2005

You're Selling The Sizzle Not The Steak

Sometimes law students baffle me. According to the common wisdom, a law student looks at every fact, precedent, and writing with a cool logical analysis. Therefore, the more logical, the better the law student. I guess that's what differentiates us from the other 99% of the population.

That's all well and good for appellate arguments in front of other lawyers but most legal interactions are with lay people: juries, clients, and state judges who don't know anything. The average layperson never uses logic! He or she is just an automaton relying on common experience and falling back on anecdotal evidence.

I have been thinking a lot about this concept as I've noticed the difference between myself (and Mike) and the average law student and I think it all comes down to the saying, "You're selling the sizzle, not the steak." I'm not going to go into a logical discourse about what it means, because that would essentially destroy the whole point of the saying. I've never run into a better example of "steak vs. sizzle" thinking than what happened today with a classmate of mine.

I had to file a petition to become a provisional federal attorney. I didn't want to read the 4 pages of instructions so I just called the clerk's office and introduced myself and asked them what I should do. The clerk was very nice and she gave me some convoluted instructions about the series of mailings we'd have to have back and forth. "Cindy," (that was the clerk's name), "I only live ten minutes away. Is it allright if I just come down there and you and I fill out everything all at once. That way it's easier for everyone and, as a plus, I'll get a chance to meet you." She said that would be a great idea and I went down there and took care of everything.

Later that day, at the law school, I told a classmate of mine about it. This classmate is a nice guy who is the epitome of professionalism. He always makes me look bad in class whether he's finished his projects early or he's thoroughly done the reading. He was incensed when he heard of my ease getting the license.

Classmate: "I've been waiting more than three weeks. How'd you get yours done so quick."

Russ: "I just called and asked if I could."

Classmate: "But the instructions say you have to mail it. Didn't you read the instructions?"

Russ: "No. Why would I read them when there's a professional clerk out there devoted to carrying them out? I just talked to her and then met her at the courthouse. It's only 10 minutes away."

Classmate: "How did you even get into the courthouse. You're not allowed in unless you're wearing a suit and have an official purpose. I went over there in my suit to see what was taking so long and they still wouldn't let me in."

Russ: "I just told them that Cindy was waiting waiting for me upstairs." (I was wearing jeans and a t-shirt). "They buzzed me up."

They say learning the law is like learning another language. They're right. Just don't forget the first one you learned.