Critical, Active Reading Skills

Law school requires that you read large quantities of dense material. You must have efficient reading habits to simply complete your assignments. You must have critical, active reading habits to be effective in learning from what you read. The following is a suggested method for reading your assignments. It is an elaboration of the classic SQ3R method developed by Professor Frank Robinson at The Ohio State University in the 1940s.

1. Know your assignment and actually read it.

Before you can read efficiently or effectively, you have to know what to read. Check the syllabus and listen in class for instructor guidance on your reading assignment. If neither the syllabus nor the instructor provides guidance, adopt a rule of thumb that reflects the pace at which you actually cover materials in the class - 20 pages a class, for example - and read at least that much regardless of whether you are expressly assigned materials or not.

Do read what is assigned. Even if the instructor doesn't cover the material in class. Even if you won't get to the material in class for a week. Be sure to read everything you are assigned. If you are given an assignment to read pages 20-34 of your textbook, read the textbook. Some students read a lot of material, but never really read their assignments. They skim pages 20-34, or they read the cases contained on pages 20-25 and 29-33 but skip the notes, comments, problems, footnotes, or article excerpts in between. Other students actually move their eyes over all the pages, but mostly for the purposes of following their highlighter as they color their books. Students have been known to resort to simply "coloring" their texts rather than reading them. Then there are the students who read other materials instead of the assignment: canned briefs (the Cliff notes of law school) or outlines, or horn books. Sometimes extra reading is a good idea; but first, read your assignment.

2. Prepare to read.

Put yourself in the right place and time for reading. You know what works for you. If reading in your easy chair is really a signal for a nap, find less soporific surroundings. If reading in the library is really an opportunity for socializing, find some isolation. Set aside a place and time that works for you and stick to it.

Put yourself in the right frame of mind as well. Know that cases, in particular, are not easy readers. There is much you will need to learn in order to understand what you are reading and there is even more you will need to infer or interpret. Judges are not necessarily selected for the bench because they are clear writers. Even clear writers sometimes may prefer to create some ambiguity in their opinion. So be prepared.

3. Prepare to learn as you read.

Most law students know they need to have an outline for their exams. Successful law students know they need to start their assignments with an outline for their reading. The best sources for such an outline is the table of contents for the textbook or the course syllabus. Before you read any particular assignment or case, look over your reading outline, paying particular attention to the overall topics and "themes." Identify where, in this organization, the materials to be studied fit. Skim through the entire reading assignment (This is the first of several reads). How many pages? How many cases?

Begin to wonder about what you will be reading. Ask yourself some motivational questions about the material. For example, why might I want to know this material? Have I ever had experiences with this subject area? Ask some questions to help identify what you are looking for. For example, read some of the questions in the notes following cases or ask yourself what rules or concepts might you be exploring and guess what they might mean.

4. Read thoroughly.

Read the entire assignment, trying to get a sense of what's going on. This will take a long time at the beginning because you will likely have to stop often to look up unfamiliar words or to re-read confusing passages. Do be sure to use references as you read. Look up unfamiliar terms in the dictionary (standard and legal). Get background on concepts from secondary sources. Re-read each portion of the assignment (each case, for example) looking for key ideas and reasoning.

5. Read actively.

Engage your critical mind as you read. Be sure you are not just passively taking in the information, but are searching, questioning, comparing and otherwise thinking as you read. Some students do this by reading out loud if their mind wanders. Many students find it useful to highlight, underline and annotate the text as they read. Argue with the text as you read. Compare what you are reading to what you already know. Whatever technique you use -- keep thinking.

5. Re-read.

Once is rarely enough. On each subsequent read, have a different purpose and read for that purpose. You might want to re-read to understand simply what happened in the case, for example. Or you might want to re-read in order to compare how what you have read today fits with what you read yesterday.

6. Write.

Briefing the cases assigned is only one aspect of writing as you read. Take notes on other aspects of your reading. Keep a vocabulary list and write out definitions for yourself. If you read statutes or rules, diagram them or write them in your own words. If there are articles or commentary accompanying a case, be sure you summarize the main points in your notes. Absolutely if you have questions about your readings, write them down and look for answers.

7. Review.

Throughout the semester, you will need to review everything you have read. Review your readings after you have completed your notes, by comparing them with others or inventing and discussion problems raised by the readings. Review with a purpose of discovering what you know and -- perhaps even more important -- what you don't know. Generate more questions and then try to answer them.

As part of your review, go back to materials you have read for prior classes and review those materials in comparison to the materials you have most recently read. Look for connections and themes. Note these ideas down.

Review all your notes immediately before class, skimming through the textbook to be sure you are familiar with where to find important points.