Law School

How to Handle Law School Cold Calls

Entering law school is stressful, given how different it is from college. Cold calls can be a huge part of the stress of law school for some students as it’s a completely new way of doing lecture. No one really encounters this method during undergrad lectures, and if they do, the questions posed are not nearly as difficult. In this post, I’ll go over what cold calls are, some examples, and my tips for handling them.

What is a cold call?

Cold-calling, sometimes referred to as the socratic method, is a way of teaching class where the emphasis is on the teacher asking the students questions, instead of the other way around. Simply put, the professor is going to call on you, and they are going to ask you questions in front of the class. I experienced cold-calling in a couple of classes in undergrad, but nothing like what law school cold calls entail. In law school, some professors randomly call on students, utilizing a stack of cards with names or just waving their finger and landing on someone on the seating chart. Other professors use a panel system and let you know ahead of time which lectures you will be “on call” for.

Most of the time, cold calls tend to be related to a case you were assigned to read, like what the facts of the case were, how the court analyzed the legal issue they were presented with, or what the holding was. These types of cold calls are usually pretty easy to handle if you’ve read the assigned cases. Sometimes, a professor will make up a hypothetical legal scenario and ask you what the outcome would be or how it would play out in court. Those can be tricky, and hopefully some of my tips below will help with how to answer if you’re stuck. There have also been times where I have had to answer some pretty puzzling philosophical questions on-call as well. Usually for those, the professor is just looking to get everyone to think about a concept, not necessarily find a right answer.

Tips for handling a cold call.

The absolute worst answer you could give on a cold call is complete silence or “i don’t know”. Other than that, any answer you give will be fine! Most people tend to stress out about their cold call answers and feel like it wasn’t good enough, but no professor is looking for a perfect answer. They are just looking for you to participate in the discussion and give some thought to the legal concepts you learn in class. Taken straight from my contracts professor’s syllabus, “I am less interested in the ‘right’ answer and more interested in thoughtful participation.”

If the cold call question relates to a case you were assigned to read, my advice is you BETTER have done your reading! Seriously, skipping the readings assigned for lecture or even using Quimbee to skim the summary is not a good move. When I was once asked about a case I hadn’t read, I pointed out it’s similarity to another case and then quickly tried to skim the first page in my textbook while the professor explained something about that to the class. Then I was able to answer his other questions based on what I had skimmed. I was so nervous and worried my answers had given away that I hadn’t actually read the case, and I learned my lesson… read the cases. Make sure to actually read the cases assigned, brief them, and have enough notes ready every time you show up to lecture. When I read cases, I tend to go over parts of my case brief in my head, as if I had been called on to explain it, in order to know what I’m talking about. With notes and a basic understanding of the case, you can’t go wrong. If you do get tripped up on the professor’s question, or perhaps it’s something you didn’t have any notes on, speak from memory. Begin with “my understanding of the case was…” and explain what you gathered from the case, answering the question to the best of your ability.

If a professor is posing a hypothetical scenario to the class, they either want to illustrate a legal principle they just taught or show how the hypothetical scenario would have a different outcome than say, a case you just read. You want to incorporate what you’ve recently learned into your answer. When posed with a hypothetical scenario in a cold call, I tend to say my thought process out loud incorporating facts of the hypo and something we have just learned about. I begin my answer with something like “well I am inclined to say the answer is… because ….” and then explain away my thought process. If the facts of the hypo differ from a recent case we read, I’d highlight that. If something crucial was similar, I would include that in my answer as well. As long as you are explaining out your thought process and it makes some sense, you will be good!

Bottom line.

If you follow the advice above, you’re on track to the BEST answer you can give, even if your answer is completely 100% wrong. Again, the professor is not looking to get everyone to answer everything correctly all of the time, they just want to teach a concept. If you show you are paying attention, doing your reading, and trying your best, you are in great shape! And don’t stress out too much about cold calls!

I'm a student at UC Davis School of Law studying to be an environmental attorney. I enjoy finding cool new food spots, traveling, and live concerts!