The other day, I sat having coffee with a friend who has just entered his second year of law school. We talked about the tomes he carries to class, the massive amounts of reading and writing, and the creativity needed to frame information as arguments.
He surprised me with an off-the-cuff comment, saying, “You know the thing that most prepared me for law school? Legal writing feels like composing Star Trek fan fiction.”
Fan fiction is—in case you’ve missed the Fifty Shades of Grey racket—derivative work that appropriates the setting, characters, and sometimes, longer arcs to create a new story. I was floored: I immediately understood his metaphor. I worked it out a little more and asked him some questions, so in case you are wondering whether you can put your fan fic cred next to your LSAT score on that up-coming application, here’s a reconstruction of our conversation:
Both have an Official Narrative. The story bible of American law comes from court opinions, commentaries, and of course, bills passed on Capitol Hill. When researching, that’s a lot of conceptual material to draw upon. The Star Trek canon, while disputed, is also fairly developed: over six hundred television episodes and eleven feature films have contributed to the Starfleet’s universe.
“Sorting through all of that source material gave me the patience and stamina needed for legal research,” he said. “I developed a sense of how the whole fits together, so that even if I don’t know where a passage is, I know where to find it—whether it’s biographical information on Captain James T. Kirk or something on acequias and water rights.”
But his metaphor extended beyond research as an act—Star Trek fan fiction taught him about constructing an argument that works within the confines of an accepted reality. While the Official Narrative is fragmented, storylines and premises offered by the source must be followed. If you are presenting an argument to the court, it has to fit in what has been established in our legal universe. Read more »