Week Two, Part 2 - CivPro: Socratic Method

At 10:00 a.m. I’m in CivPro with my casebook and laptop. Professor Bauer strides in and the class quiets down. We’ve spent the week on introductory material: Article III of the Constitution, the Judiciary Act of 1789, and state courts v. federal.

With our first case assigned for today, everyone senses that now comes our baptism into the Socratic method, the question-and-answer technique used in most American law schools.

“Let’s turn our attention to Pennoyer v. Neff,” Bauer says, stroking his beard. “It deals with the worst thing in the world – a client who doesn't pay.” Nervous laughter combines with the rustle of pages.

Bauer scans his attendance sheet, looking for a victim. The room is as quiet as a morgue. “Mr. Kevin Patrick,” he calls out. “Help us with the facts.” Bauer places a check next to Kevin’s name.

Kevin clears his throat. He’s blond, fair-skinned, wearing a cranberry-colored polo. “This case starts out with a default judgment in favor of John Mitchell against his client, Marcus Neff.”

“No, Mr. Patrick! This case did not start with a judgment!! It began with a contract, did it not?” Bauer writes “1. K for legal services” on the white board.

Kevin takes a deep breath. “Yes. Mitchell helped his client acquire land from the federal government.”

“That’s correct,” says Bauer. “Under what law?”

Kevin searches his casebook. There’s an embarrassed sort of silence. It’s worrisome enough to understand the general concepts, much less to master the details.

“As part of the Oregon Donation Act of 1850.”

“Good,” says Bauer. “What happened next?”

“The client left town.”

Bauer writes on the whiteboard: “2. Neff breached by not paying.” We all copy it down. “Now, Mr. Patrick, how do you know that’s true.”

Silence. Bauer strokes his beard, waiting.

“We don’t know for sure,” Kevin answers, a little shaky. “But the context seems to support it.”

“Anyone else?” Bauer scans the classroom, but sees no hands. “We hear Mitchell's side of the story because he drafted the complaint. But we don't know for sure whether it's true or not! We don't have the other side.”

Bauer checks his notes. “What’s a complaint?”

“It’s a list of how you think you’ve been wronged, legally,” Kevin says.

“A complaint is a recitation of grievances asking for relief,” Bauer says. “Mr. Patrick, what was Lawyer Mitchell asking for here.”

“I believe 250 dollars.”

“And what did Mitchell do with the complaint?”

“He filed suit.”

“Where? In a filing cabinet?” Bauer has a little smile on his face, maybe a smirk.

Kevin waits. He either doesn’t know (like me) or senses the question is a throw-away.

Bauer answers himself. “No, with the state court in Oregon. Mitchell pays a filing fee, the clerk stamps the complaint, and gives it a docket number.”

Bauer writes on the board: “3. Mitchell files suit – breach of contract (Mitchell v. Neff).”

We copy it down.

“Our hearts go out to Mitchell,” Bauer says. “He's a lawyer, one of us, and his scum-of-the-earth client doesn't want to pay!”

Bauer outlines the mechanics of “4. service of process.” Constructive service. Summons. Process server. In short, Neff in California doesn’t respond to a newspaper ad with a text of the complaint and summons.

Bauer says, “So Neff’s not in court because as to the lawsuit, he doesn't know squat, to use a technical term.”

“Doesn’t know squat.” I like it. If law school kills me, that will be my epitaph.

“Maybe Neff was just having a great time in San Francisco,” Bauer opines. “What happens next, Mr. Patrick?”

“The Oregon court rules in favor of Mr. Mitchell.”

Bauer writes: “5. Ct. issues default judgment. Feb./1866 for $295.” Bauer checks his watch. “‘Default’ means there’s nobody to argue. A ‘judgment’ is an order of the court.”

Students begin closing their texts.

“For next class, look at enforcement of the judgment and the second lawsuit. Find the issues and the reasons. You’re dismissed.”

About a dozen students walk to the front and cluster around Bauer. “Gunners,” they’re called, the students who aim to please. Most are guys, a few girls.

I shouldn’t judge. Maybe they missed a key point or are fascinated with the material. I didn’t understand everything, but I’m sure I got all the notes down and that makes me happy.

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