Lawyer Satisfaction Blog

AUGUST 9 1989 - HARVARD LAW SCHOOL

After graduating from Harvard Law School in 1963, I worked for a large law firm, served in the US Army JAG and worked in an insurance company. After two years as an associate for a sole practitioner, I founded two small law firms representing individuals and community groups and became one of the first lawyers in the country to offer divorce mediation. Concerned about the issue of the unmet legal needs of the public, I served on the boards of legal services programs, created referral programs for the Massachusetts Bar Association and the National Lawyers Guild, started an association of legal clinics, and served as president of a family mediation association.

In 1983 I returned to Harvard Law School as its public interest adviser. On August 9, 1989, my position was eliminated by a recently appointed dean of that law school. I have reprinted below some material related to the elimination of that position.

Since that time I have provided career advice to lawyers and law students and consulted to law schools, law firms and bar associations. In addition I have advocated for the restructuring and reform of legal education.

From what I have observed over the last 20 years, though there has been much criticism of legal education and calls for reform (including the highly regard 1992 ABA MacCrate Report), the law schools have largely ignored them.

Are you as concerned as I am that during the current economic downturn, the law school industry is desperately trying to maintain the on-campus interviewing "funnel" to BigLaw despite the recent survey of 5000 associates finding that 59% of "top-ten" law school grads plan to leave BigLaw jobs within 2 years while other data indicates that 80% of the legal needs of the least wealthy 45,000,000 of us are unmet?
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Do you think that there have been and will continue to be positive changes and improvements in the delivery of legal education?

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August 8, 1989

HARVARD LAW SCHOOL
Cambridge, Massachusetts 01938

OFFICE OF THE DEAN

Mr. Ronald Fox
Harvard Law School
Pound 310

Dear Ron

Many thanks for your recent gift to the Law School Fund. I appreciate your support of the School's annual giving program.

With best wishes

Sincerely,
/s/ Bob
Robert C. Clark
Dean

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August 14, 1989

MEMORANDUM
TO; The File
FROM: Ron Fox
RE: Meeting with Dean Robert Clark

On Wednesday, August 9, 1989, at 11:30 A.M., I met with Dean
Robert Clark. He told me that he had made some decisions about restructuring and that I was not likely to be pleased. June Thompson would no longer be in admissions and would be full time in placement and there was also going to be an appointment of a new director of counseling. He mentioned that he did not know what I did in my job, although he had seen one letter that I had written and he thought it was very good. He had decided that it was not cost effective to have a 8/10 position devoted solely to the 6 to 8 people who were interested in public interest, therefore, my position was being eliminated as well as the position of my assistant (Dana Bullwinkel] who is about to enter graduate school).

I asked him to clarify whether or not that meant that I had been fired. He said that that was putting it too bluntly: my position was being eliminated. He said that he did not know how long I had been working at the law school. I was not being told that I had to leave the next day. When the administrative dean, Simone Reagor, returns from vacation, I would talk to her about the details.

When I asked him whether he had mentioned that there was going to be a new position, new director of counseling, he said that was the case, and that it was a position for which I would not be considered. (It now appears that this new position was created by the half of Mark Byers, the career counselor for the law school, that was assigned to the Placement Office and the other half of his time that was assigned to the Counseling Office under the Dean of Student's Office and Mark has been told that he can apply for this job but that he should be looking elsewhere in the event he does not get it.)

I had prepared a memorandum for him and had attached to it some of the material I had written over the last year and a half on public interest career planning and placement problems and issues at the law school and my suggestions and proposals. I gave it to him and told him that if he wanted to discuss any aspect of the material, I would be prepared to do so.

I left the office about 11:37 A.M.

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14 March 1990

PUBLIC INTEREST LAW CAREER PLANNING CENTER
955 Massachusetts Avenue
Cambridge, Massachusetts 02139

Ronald W. Fox Tel: (617) 868-6669
Executive Director Fax: (617) 876-0203

AN OPEN LETTER TO THE STUDENTS OF HARVARD LAW SCHOOL

I first want to say that my six years spent directing the public interest career activities at Harvard Law School was the most positive, rewarding and satisfying professional experience I have had since leaving the law school in 1963. I talked, wrote to, and learned from, intelligent, talented, concerned, responsible, committed people - students, staff of the law school, alumni/ae, other lawyers, and career planning professionals at other law schools. I also publicly want to let you all know how much I appreciate your personal visits, kind words and public statements in my support. Your actions made a stressful time more comfortable and gave me the reason, strength, encouragement and confidence to found the Public Interest Law Career Planning Center which will assist law students and lawyers who want to pursue careers in public interest, human services and government.

I came to the law school to direct the public interest career and placement activities after 15 years working in private practice and with many non-profit organizations trying to increase the quality and quantity of legal services delivered to people with low and moderate income. It appeared to me that Harvard Law School believed that it had an obligation to make careers in public interest law a realistic option for its graduates. And, in fact, over the next three years I received approval to establish the IL Public Interest Career Workshop; was given funding to publish the Public Interest Directory; was given the time to assist in the development of "Opportunities in Public Interest Law"; was encouraged to solicit $300,000 from an alumnus, Kenneth Montgomery, `28, for a public interest summer grant program which he generously funded; was given the time to establish a Task Force on Public Interest Law of the National Association for Law Placement; and was afforded the opportunity to give advice and guidance to about 100 individuals in each class and many alumni/ae.

I was impressed by the depth of commitment to public interest within the student body. I talked to students, analyzed class lists and read surveys that confirmed my findings that 40% of each class were interested in pursuing public interest careers. A study of one class revealed that by the time of graduation, 40% of its members had attended public interest workshops and/or devoted substantial time to public interest law either during the summer or in a clinical course. I spent many hours listening to students and providing information to allay their fears and to counter pressures from peers, the law school, family, and society in general to take positions they did not want. In addition, I received frequent calls and visits from anguished alumni/ae wanting to leave jobs in large firms they found boring and/or in conflict with their values. Yet every year, upon graduation, over 90% of the class take positions with large law firms representing commercial institutions and others in the wealthiest 1% of the society that the legal profession serves well. At the same time the rest of the society, 247 million people, are either totally unable to afford legal services if they have a housing, health, employment, discrimination or family problem, or, if they are indigent, only able to have a lawyer at no cost to them for one out of every fourteen of these legal problems. I refer to this factual situation as the "Crisis in Public Interest Law."

Many of you presently at the school as well as those who have recently graduated recognized that much of fault for, and the responsibility for remedying, the lack of diversity of career choices of graduates of the law school lay within the law school itself. You questioned 1) the curriculum's reliance on commercial cases, 2) the high cost of attending the law school accompanied by approval of higher student debt 3) the second-class status of the clinical program, 4) the preference given to large firms in the hiring process by the allocation of a disproportionate amount of staff time and resources to a recruiting process dominated by these firms and held in the fall when few other legal institutions know their future legal hiring needs, and by the failure to examine in depth negative aspects of such firms, especially the many student complaints of discrimination and unfair treatment 5) the failure of the law school to challenge the "prevailing wisdom" generalizations based on flawed assumptions, such as "Work in large firms is intellectually stimulating and prestigious and one receives the best training there," "Grades are very important in obtaining any job," "There are no jobs in public interest and even if there were, most students can not afford to take them because of the amount of their debt," "The work in public interest areas is boring, routine, uncreative and unimportant", "There is no training in public interest jobs" and "It is important that you find a job and become an employee rather than going out and creating your own institution" 6) the failure to provide adequate staff and resources for students and alumni/ae looking for career advice 7) the indifference and lack of availability of most of the faculty for career and job advice.

In early 1988, I requested funds from June Thompson, the Director of Placement, for additional staff and resources needed to create a Career Development Division in the Placement Office. Because of her basic disagreement with me about the existence of a crisis and her belief that there was little need for career advice generally and public interest career counseling specifically, the request was rejected. In April, 1988, I submitted a proposal through the Dean's Office requesting that a Career Development Center outside of the Placement Office be established to offer guidance to students, staff, faculty, alumni and others on public interest and many other less accessible and less familiar careers. I know of no staff or faculty meetings called to review the proposal, to discuss career issues, to debate differences in orientation or to set goals and priorities. No written responses were ever sent about the proposal and in early August. 1988, I heard indirectly that a decision had been reached - nothing would be done.

In April, 1989, after two very unsatisfactory meetings with June Thompson, I again renewed my request to the Dean's Office for the establishment of a Career Development Center. At about the same time I proposed the creation of a Center for the Delivery of Legal Services in the Public Interest which would coordinate research and activities on the "crisis" throughout the law school, including placement, career planning, the counselling center, financial aid, and the alumni/ae office. I inquired about the status of the proposals weekly. No staff or faculty meetings were ever called to review the proposals and I received no written response.

On July 1, Robert Clark became the dean and on August 9, 1989, two days after my return from vacation I was told to make an appointment to see him. At the meeting, after I introduced myself, he informed me that although he did not know what I did, he did know that it was not cost effective to have a four day a week position devoted to public interest when only six to eight people were affected so he was eliminating my position and that of my assistant, Dana Bullwinkel. He said that in our place a full-time staff assistant would be hired who would report to June Thompson and counsel students in all areas of the law, not just public interest.

The school lacks, and seriously needs, a well-supported, well-staffed, well-publicized, career development office and a public interest career center. I regret not having been given the opportunity to establish these offices but I remain optimistic. I believe that the law school will in the near future come to grips with the crisis. I do not think that it will ignore the imbalanced and inappropriate diversion of 90% of its graduates to the representation of 1% of the population. I do not think that it will want to be considered an irrelevant factor in the search for equality of access to the justice system. I am optimistic because so many of you spoke out this fall demanding more support, resources and guidance on the many varied public interest careers. I also want to express to all of you my deepest respect for the responsible actions you have taken in support of those who want to pursue legal services for those who need them the most. Because of your untiring efforts, your organizing, your factual and reasoned responses, your requests and demands, and your persistence, you have made many aware of the concerns of students and issues that had previously gone unrecognized. You have provided encouragement not only to students here but to students at other law schools and untold lawyers and college students considering a career in public interest law.

Your involvement is not only important, it is critical and necessary. Almost all of the significant progress that Harvard Law School has made and most of the programs that have been developed in the last fifteen years in the area of public interest career planning and placement have resulted from student demands. The creation of the public interest committee by the new dean with a broad mandate to review the role of public interest within the law school is a recent example. We are truly in the midst of a crisis which will not be resolved while you are in law school. How you respond to it in law school, however, may determine how you respond to it throughout your entire legal career. Your actions this fall have given many people reason to be optimistic. Continued best wishes in your efforts.

Sincerely,
/s/Ron
Ronald W. Fox

I had the opportunity and the privilege yesterday to make a presentation entitled "Think Small: Learning About and Locating Positions in Small Law Firms" for the New York State Bar Association. About 30 who registered were "live" in the "studio" at the law office of Lauren Wachtler, the chair of the Committee on Lawyers in Transition. An additional 175 registered for the webcast

THE VIDEO OF THIS 110 MINUTE WORKSHOP IS NOW ACCESSIBLE ON-LINE HERE..

BEFORE YOU BEGIN, HOWEVER, READ BELOW!

IF YOU DECIDE TO VIEW IT, I SUGGEST YOU DO THE FOLLOWING:
1. PAUSE THE VIDEO AS IT BEGINS;
2, CLICK THE ATTACHMENT ICON AFTER "HANDOUT #1 SUGGESTED READING ";
3. DO THE READING AND THE EXERCISES; AND THEN.
4, WATCH THE VIDEO

I initially talk about how we got to this point (my 50th year in the legal profession) where the vast majority of the public are unable to obtain the services of a lawyer and the vast majority of lawyers are dissatisfied. (I quote from the recent American Bar Foundation "After the JD" press release indicating that 59% of the associates from what they refer to as the "top ten law schools" intend to leave their present large firm employers within 2 years and that those in firms of greater than 250 lawyers are less satisfied than their counterparts in smaller firms.)

I state my belief that the culprit are the law schools which funnel their students to BigLaw through on-campus interviewing and ignore those unable to be interviewed and, in the process, neglect the legal needs of the public by failing to teach skills, values and career planning and charging outrageous amounts for tuition, far greater than the worth of the services delivered. My experience in the last 25 years leads me to conclude that lawyers who are unhappy because they are unable to find employment or dissatisfied at the law firm the law school "placed" them in, will invariably suffer from a lack of self-confidence, self-respect and self-worth.

The second part of the program begins with making lawyers aware of one of the four fundamental values of the legal profession - the commitment of a lawyer to take a position consistent with his or her professional goals and personal values. I then suggest how to go about finding a position in a small firm pointing out that 66% of all lawyers in private practice are in firms of 5 or less lawyers. I advise that they choose and area of law, find out who does it, make contact with some to promote and market yourself, keep doing something and eventually accept a position likely to provide career satisfaction.

I also suggest that, as they implement this process, they might want to look at themselves as independent contractors and, rather than limiting themselves to jobs as employees, look for opportunities to work part-time for one lawyer, then one or two others until they are full time partners, associates or solos.

The program raised a number of issues. Whether or not you view the webinar, I invite you to comment and share what you think about these or any related topics: the legal needs of the public; the need for major restructuring of legal education; OCI and the funnel; dissatisfaction of lawyers in BigLaw; the lack of self-confidence of lawyers generally; the opportunities in small firms.

I HOPE YOU FIND THIS PROGRAM HELPS YOU IN YOUR SEARCH FOR CAREER SATISFACTION..

Ron Fox .

On Wednesday, September 16, 2009, from noon to 2pm (EDT), I will be doing a live webcast for the New York State Bar Association Committee on Lawyers in Transition entitled Think Small! Learning About and Locating Positions in Small Law Firms

"For many years, if not decades, there has been an intense focus on large law firms as if they represent the entire legal profession. The lack of openings within large law firms makes this a most appropriate time for lawyers and law students to realize that there are nearly unlimited options in small law firms. There are jobs; there are positions; there are openings!"

For more information and to register for this free program go to this NYSBA website..

A week ago today, I submitted the following to the New York Times with a request that it be considered for an op-ed stating, as required, that it had not been previously published. The paper's guidelines state that if you receive no telephone call or e-mail within three business days, you should assume that the paper has decided not to print the submission.With that in mind here is the comment I sent to the paper.

The Light at the End of the Funnel

By Ronald W. Fox

The theme of Downturn Dims Prospects Even at Top Law Schools (August 26, 2009) is the negative impact on law students of the reduced hiring by large law firms.

Twenty five years ago this week I became the Public Interest Adviser at Harvard Law School. Over the next five years, based on conversations with students and placement staff at law schools across the country, I concluded that more than half of all law students hoped to work with individuals or small entities.

Sadly, the law schools, deaf to their students' career aspirations, failed them: did not teach them to practice law; did not teach them that lawyers must be committed to taking positions consistent with their professional and personal values; and did not make them aware of the wide range of options for lawyers.

They did, however, set up a well-staffed extremely efficient on-campus interviewing program limited to large law firms, the only ones who could predict their needs two years in advance. These large firms were eager to hire and were quite successful.

In most selective law schools nearly ninety-five (95) per cent of the graduates of each class flowed through the "funnel" to jobs in those firms representing primarily large corporations.

Since I left that position twenty years ago this month, I have had the privilege of working with lawyers dissatisfied with the path they had traveled. Most hoped that the benefits of a law degree would be autonomy, intellectual stimulation, knowledge of a trade, respect, reasonable income and a life of serving others.

Instead many found themselves unhappy in their jobs but felt trapped. With few skills, little awareness of any options or how to look for unadvertised positions, they could not even begin to search for a new position until they regained their self-confidence and a sense of self-worth.

I strongly believe that much of the well-publicized malaise and dissatisfaction within the legal profession is caused by the neglect of, and the disinterest of the law schools' faculties and staff in, the careers of their students.

While the law schools in the past have been wildly successful in raising the cost of attending law school far beyond the rate of inflation often justifying increases (and the debt required to afford it) by not so subtle promises of high-paying positions in large law firms, this is no longer the case.

What the writer of the article might have suggested is that the prospects are dim, not for the students, but for the law schools, as prospective law students, aware of what some have referred to as the law school financial hoax stop applying to law schools that refuse to prepare them to practice law for a reasonable tuition.

The writer might also have looked into the connection between the law schools' neglect of their students and the unmet legal needs of the public.

Upon hearing of the passing of Senator Edward M. Kennedy, my wife and I took our 10 year old grandson to the JFK Library and read in the family's statement about "his tireless march for progress toward justice, fairness and opportunity for all."

Much like what we are facing on the issue of healthcare, but not as well publicized, are statistics that indicate that eighty (80) percent of the legal needs of the 45,000,000 least wealthy members of the public are not met.

According to the ABA's MacCrate Report, a fundamental value of the legal profession is the commitment of lawyers to: promoting justice, fairness, and morality; helping the profession ensure legal services to those who can't pay; and enhancing the capacity of legal institutions to do justice.

But the lawyers who are law professors and deans of law schools may not be living up to this commitment to justice if they are not preparing students to represent those with middle or low income, not making students aware that two-thirds of all lawyers in private practice are in firms of 5 or less lawyers (including one-half who are solos) and not reducing the cost to attend law school so that debt load does not drive career choice.

They certainly are not eliminating the funnel, the on-campus interview program which "places" students rather than helping them to actively "choose" what interests them.

We are faced with a situation where at least one-half the law students in the country would like to provide services to individuals and have little to no interest in large law firms while millions of the public are in need of their services.

Will law schools take no action except wistfully yearn for a return to the halcyon days when they will again divert law students from representing the public, funnel students to large law firms, and continue without restraint to raise salaries and tuition, all under the banner of "law is now a business"?

Or will they incorporate the fundamental values of the legal profession and act, not based on self-interest and those of large law firms, but for the benefit of law students and the public. If they do, we can be proud of law schools and consider them partners in Senator Kennedy's "tireless march for progress toward justice, fairness and opportunity for all."

Ronald W. Fox is the founder and primary consultant of the Center for Professional Development in the Law a/k/a Career Planning for Lawyers .

Additional Biographical Information

Since 1990, Ron has: provided individual guidance to lawyers in transition seeking positions consistent with their personal values and their professional goals; posted on his Lawyer Satisfaction Blog ; consulted to over 25 law schools, including Cornell, Boston College, Notre Dame and Northwestern; presented workshops for the Massachusetts Bar Association and the Association of the Bar of the City of New York; created and facilitated the ABA Public Service Division's "Town Meeting" for the six Washington D.C. law schools; and authored Lawful Pursuit: Careers in Public Interest Law published by the ABA Law Student Division;

Ron graduated from Harvard Law School in 1963 and practiced law in a variety of settings for 20 years including two law firms he founded. In 1974 he was one of the first providers of divorce mediation and was active in developing that field until 1990. Working with bar associations, he designed and created numerous lawyer referral and other programs aimed at the delivery of legal services to low and middle income individuals. From 1983-1989 Ron worked at Harvard Law School providing career planning services to law students pursuing careers serving the legal needs of the public and also co-founded the Public Interest Committee of NALP.

As many of you may know, in July 1992 the ABA's Task Force on Law Schools and the Profession: Narrowing the Gap issued what came to be called the "MacCrate Report", a withering critique of traditional law schools. In substance, the task force compiled a list of the 10 fundamental skills and the 4 fundamental values needed to be taught in order to be a trained member of the legal profession. It found that law schools teach only 2 of the skills and not well at that.

While it did not make specific findings about the deficiencies in teaching the values, it suggested more emphasis on them including a recommendation that law schools should be concerned to convey to students that the professional value of the need to "promote justice fairness and morality" is an essential ingredient of the legal profession. .

At the heart of the report is its "demand" that: law schools affirm that "education in lawyering skills and profesional values is central to the mission of law schools"; they should use effective teaching methods, and they should make students aware of the full range of opportunity for professional development in the rich variety of private practice settings.  

The response to the issuance of the report was immediate. Some law school deans opposed the findings of the report. The basic argument of the deans was that the report looked at legal education from the point of view of practitioners. There has been opposition from law school faculty for years of anything that smacks of turning their institutions into "trade schools".

However, there was a flurry of activity in support of the report. A task force was formed within the AALS to implement the MacCrate Report. Within the ABA, in February, 1994. a resolution proposed by the Illinois and Iowa state bars asking the ABA House of Delegates to support of some of the recommendations of the report passed. The ABA's Section of Legal Education and Admissions to the Bar sent the resolution to the deans of all the ABA approved law schools and was scheduled to report to the House of Delegates at its next annual meeting. The Commission on Legal Education of the State Bar of Wisconsin proposed reforms of legal education based on the recommendations of the MacCrate Report.

All of that was in 1994. For the last 15 years, other than when I write an occasional article in praise of it, there seems to be scarce mention of the MacCrate Report.    Now while I am not a believer in conspiracy theories, I do have to mention that about 1994 the ABA decided for the first time to hire an Executive Director and the person chosen for the position was prior to that a dean of a law school who had written and spoken out against the MacCrate Report.

Even if you have not read the entire 414(!) page report, you will still be able to recognize how comprehensive the recommendations are, and how the adoption of these, 25 recommendations (which can be found on pages 330-334) would fundamentally change the way in which legal education is delivered.

As usual, comments are invited and welcome.

C.  Enhancing Professional Development During the Law School Years

1. Law schools and the practicing bar should look upon the development of lawyers as a common enterprise, recognizing that legal educators and practicing lawyers have different capacities and opportunities to impart to future lawyers the skills and values required for the competent and responsible practice of law. (Introduction, Chapter 4.D, Chapter 5.C, Chapter 7.A, Chapter 7.B, Chapter 7D, Chapter 8.E and Chapter 9)

2.  Standard 301(a) regarding a law school's educational program should be amended to clarify its reference to qualifying "graduates for admission to the bar" by adding: ". . . and 40 prepare them to participate effectively in the legal profession." This would affirm that education in.lawyering skills and professional values is central to the mission of law schools and recognize the current stature of skills and values instruction. (Chapter 7.C and Chapter 7.B)

3. It is time for the Section of Legal Education and Admissions to the Bar to revisit generally the treatment of skills and values 4instrüction in the accreditation process in recognition of the skills and values identified in the Statement of Fundamental Lawyering Skills and Professional Values as those with which a lawyer should be familiar before assuming ultimate responsibility for a client. (Chapter 7.C, Chapter 4.D, Chapter 5.C, Chapter 7.A and Chapter 7.B)

4. In light of developments in skills instruction and the Task Force's Statement of Skills and Values, the interaction between core subjects, treated in Standard 302(a)(i), and professional skills, treated In Standard 302(a)(iii), should be revisited and clarified. The interpretation of Standard 302(a)(iii) should expressly recognize that students who expect to enter practice in a relatively unsupervised practice setting have a special need for opportunities to obtain skills instruction. (Chapter 7.C, Chapter 7.A, Chapter 7.B, Chapter 4.D and Chapter 5.C)

5. Each law school faculty should determine how its school can best help its students to begin the process of acquiring the skills and values that are important in the practice of law, keeping in mind not only the resources presently available at the school, but the characteristics of effective skills instruction. (Chapter 7.3, Chapter 4.D and Chapter 5.C)

6.  To be effective, the teaching of lawyering skills and professional values should ordinarily have the following characteristics:  development of concepts and theories underlying the skills and values being taught; opportunity for student& to perform lawyering tasks with appropriate feedback and self-evaluation; reflective evaluation of the students' performance by a qualified assessor. (Chapter 7.3 and Chapter 4.D)

7.  The Interpretation to Standard 201(a) relating to the self-study process should require law schools to evaluate their programs in the light of Standard 301(a) and (c) and should refer to the Task Force's Statement of Skills and Values and the literature analyzing the roles and competencies of lawyers, (Chapter 7.C, Chapter 7.8 and Chapter 4.D)

8.  Each law school should undertake a study to determine which of the skills and values described in the Task Force's Statement of Skills and Values are presently being taught in its curriculum and develop a coherent agenda of skills instruction not limited to the skills of "legal analysis and reasoning," "legal research," "writing" and "litigation." (Chapter 7.3, Chapter 7.C and Chapter 4.D)

9. Law schools should identify and describe in their course catalogs the skills and values content of their courses and make this information available to students for use in selecting courses. (Chapter 7.8, Chapter 6.8 and Chapter 4.D)

10, The Task Force's Statement of Skills and Values should be made available to all entering law students to inform them about the skills and values they will be expected to possess as lawyers and to help them seek appropriate educational opportunities in law school, in work experience and in continuing legal education. (Chapter 4.D, Chapter 5 and Chapter 6,8)

11. Law students should be advised with respect to course selection to consider what opportunities may or may not be available to them after law school to develop the skills and competencies they will need in practice. (Chapter 2, Chapter 6 and Chapter 7.8)

12. Law schools should continue to emphasize the teaching of the skills of "legal analysis and reasoning" and "legal research," as described in the Statement of Skills and Values, through a wide variety of instructional modes, including well-structured clinical programs. (Chapter 7.3 and Chapter 4.D)

13. Law schools should be encouraged to develop or expand instruction in such areas as "problem solving," "factual investigation," "communication," "counseling," "negotiation" and "litigation," recognizing that methods have been developed for teaching law students skills previously considered learnable only through post-graduation experience in practice. (Chapter 7.A, Chapter 7,8 and Chapter 5.C)

14.  In view of the widely held perception that new lawyers today are deficient in writing skills, further concerted effort should be made in law schools and in programs of transition education after law school to teach writing at a better level than is now generally done. (Chapter 7.8, Chapter 7.C, Chapter 8.E and Appendix B)

15.  Law schools through well-structured clinical programs should help students understand the importance of the skill of "organization and management of legal work," although it will remain for the first employer or mentor to translate that awareness into a functioning reality through providing supervised practice experience. (Chapter 7.8, Chapter 7.D, Chapter 8.E and Chapter SC)

 16.  Law schools should play an important role in developing the skill of "recognizing and resolving ethical dilemmas" and in placing these issues in an organized conceptual framework, although the exposure in law school clinical programs or classrooms is necessarily very limited compared to the variety and complexity of the dilemmas presented in practice. (Chapter 7.8, Chapter 7.D, Chapter S.E and Chapter 5.C)

17. Law schools should stress in their teaching that examination of the fundamental values of the profession" is as important in preparing for professional practice as acquisition of substantive knowledge. (Chapter 7.A and Chapter 5.C)

18. The practicing bar should be assiduous in discharging its responsibilities for inculcating professional values through contact with students in part-time work and summer jobs and as colleagues or mentors in the early years of practice. (Chapter 7.A, Chapter 7.D and Chapter 5.0)

19. Law.school deans, professors, administrators and staff should be concerned to. convey to students that the professional value of the need to "promote justice, fairness and morality" is an essential ingredient of the legal profession; the practicing bar should be concerned to impress on students that success in the practice of law is not measured by financial rewards alone, but by a lawyer's commitment to a just, fair and moral society. (Chapter 7.A, Chapter 7.D and Chapter 5.C)

20.  Law schools and the organized bar should work together to make law students aware of the full range of opportunity for professional development in the rich variety of private practice settings, in panels for prepaid and group legal services, in positions in the public, sector, in staff counsel's offices in corporations and other organizations, and in the practice of public interest law in all its dimensions, as well as of the profession's expectation that all lawyers will fulfill their responsibilities to the public and support pro bono legal services for those who cannot afford a lawyer. (Chapter 2, Chapter 5 and Chapter 6.8)

21.  Law schools and employers of law students should work together to inject educational value into any work experience during the law school years, developing models for strengthening the educational content of part-time employment and developing workshops offered at the beginning of the summer clerkship season to support the educational aspects of summer employment. (Chapter 7.D)

22.  Since the employment marketplace is a crucial forum in which the practicing bar transmits its values to law students, members of the bar who recruit, interview, and hire should convey to students, both by words and by their decisions, the importance they place on a student's having had exposure to a broad range of skills and values instruction, including clinical courses, (Chapter 7.A, Chapter 7.D and Appendix B)

 23. The National Association of Law Placement (NALP) should be asked by the Section of Legal Education and Admissions to the Bar to add to NALP's annual employer questionnaire questions designed to elicit information  pertaining to the educational quality of law office summer programs. (Chapter 7.D)

24.  Law schools should assign primary responsibility for instruction in professional skills and values to permanent full-time faculty who can devote the time and expertise to teaching and developing new methods of teaching skills to law students. In addition, law schools should continue to make appropriate use of skilled and experienced practicing lawyers and judges in professional skills and values instruction with guidance, structure, supervision and evaluation of these adjunct faculty by full-time teachers. (Chapter 7.8)

25.  There should be faculty involvement in the design, supervision and evaluation of every program of extern experience, and accreditation standards should emphasize the critical importance of faculty responsibility for overseeing extern programs. (Chapter 7.B and Chapter 8)

Since in so much I have written I have taken quotes from the ABA's MacCrate Report and one issued by the Mass School of Law, both in 1992, I decided to publish (in three parts) a handout I distributed at a panel I moderated for the National Lawyers Guild in 1993 which is primarily quotes from both.

Aspects of the Traditional Law School Experience Which Inhibit or Divert Law Students From Careers Serving the Legal Needs of the Public.

7. THE LAW SCHOOL'S PREOCCUPATION WITH THE US NEWS AND WORLD REPORT'S ANNUAL RANKING CRITERIA RESULTS IN ITS ALLOCATING TOO MUCH FINANCIAL AND STAFF SUPPORT TO PLACEMENT AND. ON-CAMPUS INTERVIEWING WHICH PRIMARILY SERVES LARGE LAW FIRMS AND IS NOT IN THE BEST INTERESTS OF ITS STUDENTS.

The purely analytical education students have received at the theory based schools has prepared them for scores of years to practice in the major law firms of American Indeed "the elite law schools grew alongside the burgeoning corporate law firms" it is "the metropolitan prestige firms where associates are recruited from the prestige schools and the top graduates of other superior quality schools." The firms and schools each feed off the prestige of the other, and to this day schools hunger for the prestige of having their graduates hired by the major firms. MSL p. 157

(O)ne frequently heard plaint is that law schools in preparing students for practice give greater attention to the needs of those lawyers entering practices in which they will serve the business community than to the needs of' those entering practices in which they will provide legal services to individual clients. The transition from law school into individual practice or relatively   unsupervised positions in small offices, both public and private, presents special problems which the law schools and the organized bar must address. MacCrate p. 47

(E)stimates of the percentage of lawyers who practice solo or in small firms of five or less have generally been in the neighborhood of 50 to 60 percent. There also, of course, have been many lawyers working in government services and within corporations. As Talbot D'Alemberte (former ABA President) has said, "So we have designed this enterprise to train people to think like law professors or to go to large law firms that say they will train the law graduates. That's not what they do. Our students go to government offices, to small law firms - many become sole practitioners.MSL p. 157

8. THE UNWARRANTED HIGH COST TO ATTEND LAW SCHOOL CREATES ENORMOUS DEBT AND GREAT PRESSURE TO TAKE HIGH SALARY POSITIONS WHICH PREDICTABLY RESULT IN CAREER DISSATISFACTION

Law schools ...have "participated fully.., in the runaway increase in costs.... (From) 1956 ... the median budget increased by 4,700 percent ..to 1990...although the consumer price index  increased only 500 percent.. and though law school enrollment would not seem to have increased more than 400 percent... Dean White, the ABA's Consultant, attributes the staggering increases to such factors as .... the transfer of numerous tasks from law faculty to administrators whose positions were created to relieve the faculty of responsibility. MSL p. 243

Another reason for the sustained growth in costs ...is that faculty members..., do not do work that contributes to meeting the needs and goals of their institutions, but instead concentrate exclusively on personal career advancement, often for the purpose of trying to garner more lucrative offers from other schools. Focussing solely on self, faculty members do not participate in their schools administrative work and teach as little as possible, all of which increases academia's costs by making it necessary to hire more administrators and teachers.... MSL p. 240

Law schools ...can no longer financially support their traditional research libraries. Law schools spent 189.2 percent more on their libraries in the 1987-88 academic year than a decade earlier ... more than double the rate of general inflation for the period...And since the money, to pay for such increases had to come from somewhere, tuitions in that decade also rose at a rate far exceeding inflation. They are still rising. MSL p. 397

Clinical costs in fact rose more slowly during that period (1977 to 1991) than did any other   segment of the law school budget. MacCrate p. 249

BIBLIOGRAPHY

The Deeply Unsatisfactory Nature of Legal Education Today - A Self Study Report on the Problems of Legal Education and on the Steps The Massachusetts School of Law Has Taken to Overcome Them, Massachusetts School of Law, 1992 (MSL)

Munneke, Gary; The Legal Career Guide: From Law Student to Lawyer, American Bar Association Career Series, 1992 (Munneke)

Legal Education and Professional Development - An Educational Continuum - Report of the Task Force on Law Schools and the Profession: Narrowing the Gap. The American Bar Association Section of Legal Education and Admission to the Bar, 1992, "The MacCrate Report" (MacCrate)

Edwards, Harry T; The Growing Disjunction Between Legal Education and The Legal Profession. 91 Michigan Law Review 8478, Oct 1992 (Edwards)

Since in so much I have written I have taken quotes from the ABA's MacCrate Report and one issued by the Mass School of Law, both in 1992, I decided to publish (in three parts) a handout I distributed at a panel I moderated for the National Lawyers Guild in 1993 which is primarily quotes from both.

Aspects of the Traditional Law School Experience Which Inhibit or Divert Law Students From Careers Serving the Legal Needs of the Public.

4. THE FACULTY. AND THE DEANS HAVE LIMITED OR NO EXPERIENCE IN THE PRACTICE OF LAW, LACK THE KNOWLEDGE OR INTEREST TO PROVIDE COURSE AND CAREER ADVICE TO STUDENTS AND ARE GENERALLY UNAVAILABLE

Although law schools exist to train persons to practice law, ,.. It has thus been correctly said that in no profession has there been a greater gulf between the academic and practicing sides. This gulf has increased because law professors have largely been individuals with little or no experience in practice and disdain for it; they have thus lacked the knowledge and experience needed to impart practical skills and still less have they desired to .do so. MSL p. 41

There may also be a lack of interest on the part of some faculty in either learning new teaching methods or in the nature of the skills material. MacCrate p. 240

(Law review articles are) ... mainly produced by persons who "are in greater part .,. competent enough teachers without anything original to write, doomed to scholarly mediocrity by academic imperative ...urged to jump through hoops help up by the local promotion and tenure  committee...fueled by faculty self~studies, administrative mission statements, and fiats laid down  by the Association of American Law Schools ..Analysis, research, and writing are overblown, while classroom competence, community services, and non-law review scholarship are under-credited The system is askew. The academy has a problem." MSL p. 193 citing Kenneth Larson, 103 Harvard Law Review 928

Many "elite" law faculties in the United States now have significant contingents of "impractical" scholars, who are "disdainful of the practice of law." The "impractical" scholar ,... produces abstract scholarship  that has little relevance to concrete issues, or addresses concrete issues in a wholly theoretical manner. As a consequence, it is my impression that judges, administrators, legislators, and practitioners have little use for much for the scholarship that is now produced by members of the academy. Edwards p. 35

5. THE LAW SCHOOL FAILS TO TEACH OR STRESS THE FUNDAMENTAL VALUE OF THE LEGAL PROFESSION - "A LAWYER SHOULD PROMOTE JUSTICE, FAIRNESS AND MORALITY IN ONE'S DAILY PRACTlCE" NOR DOES IT MAKE STUDENTS AWARE OF THE REALITY OF THE MALDISTRIBTJTION OF LEGAL SERVICES IN SOCIETY.

Law students need concrete ethical training. They need to know why pro bono work is important.  They need to understand their duties as "officers of the court."...as law firms have become  increasingly materialistic - as pro bono work has been displaced by profit-maximization, and the "officers of the court" by the "hired guns" - we can no longer count on the law firms to be "law schools." Edwards, p. 38

Julin, (former ABA Section of Legal Education Council Chair) believes that law schools must  change drastically if they are to be socially responsible. "(Our suggestions) represent a recognition that law is still a profession, that lawyers must be educated to service  public needs competently yet at an affordable cost, and that legal educators have a most fundamental public responsibility to create the appropriate education programs to achieve the delineated societal roles for  law trained individuals. MSL p. 150

(T)he Statement of Skills and Values identifies, as a fundamental professional value, the need to "promote justice, fairness and morality." Law school deans, professors, administrators and staff must not only promote these values by words but must so conduct themselves as to convey to   students that these values are essential ingredients of our profession. Too often, the Socratic method of teaching emphasizes qualities that have little to do with justice, fairness and morality in daily practice. Students too easily gain the impression that wit .... and dazzling performance are more important that the personal moral values that lawyers must possess and that the  profession must espouse. The promotion of these values requires no resources and no institutional changes. It does require commitment. MacCrate p. 236

6. THE LAW SCHOOL IS INDIFFERENT TO STUDENTS' POST-GRADUATION PLANS; IT PROVIDES LITTLE PROFESSIONAL DEVELOPMENT AND FAILS TO MAKE STUDENTS AWARE OF, OR PREPARE THEM TO PRACTICE IN, THE MANY SETTINGS OPEN TO THEM.

Career education should be taught as an integral part of the educational process .... Teaching law students about the variety of legal careers and employment prospects in these careers is integral to the academic program of the law school. Munneke p. 82

(T)here are many career skills that are commonly not developed during the education  process..(L)earning how to make career decisions and look for a job involves an entire set of skills that the formal educational process frequently does not address. Munneke p. 22

As a member of a learned profession, a lawyer should be committed to the value of "Selecting and Maintaining Employment That will allow the Lawyer to Develop as a Professional and to pursue his or her professional and personal goals." In order to find employment that is consistent with his or her professional goals and personal values, a lawyer must be familiar with the range of traditional and non-traditional employment opportunities for lawyers, MacCrate p. 220

Greater knowledge of what lawyers do in the various sectors of practice can be useful to legal educators in better preparing students for the realities of practice.... The great diversity in practice settings and in what lawyers do challenges law schools to identify the skills and values which are common to lawyering in all its settings, to provide a rational and effective beginning for their students' professional development, and to mpart to their students the legal knowledge which each will need to have upon entering practice. MacCrate p. 35

                                                  BIBLIOGRAPHY

The Deeply Unsatisfactory Nature of Legal Education Today - A Self Study Report on the Problems of Legal Education and on the Steps The Massachusetts School of Law Has Taken to Overcome Them, Massachusetts School of Law, 1992 (MSL)

Munneke, Gary; The Legal Career Guide: From Law Student to Lawyer, American Bar Association Career Series, 1992 (Munneke)

Legal Education and Professional Development - An Educational Continuum - Report of the Task Force on Law Schools and the Profession: Narrowing the Gap. The American Bar Association Section of Legal Education and Admission to the Bar, 1992, "The MacCrate Report" (MacCrate)

Edwards, Harry T; The Growing Disjunction Between Legal Education and The Legal Profession. 91 Michigan Law Review 8478, Oct 1992 (Edwards)

Since in so much I have written I have taken quotes from the ABA's MacCrate Report and one issued by the Mass School of Law, both in 1992, I decided to publish (in three parts) a handout I distributed at a panel I moderated for the National Lawyers Guild in 1993 which  is primarily quotes from both.

Aspects of the Traditional Law School Experience Which Inhibit or Divert Law Students From Careers Serving the Legal Needs of the Public.

INTRODUCTION

Law school will give new meaning to the word challenge. From the law school you attend, to your class rank, to your extra-curricular activities, to your work experience, everything and everyone will seem to conspire to stand between you and the job you want." Munneke p. 78

(T)he problems besetting academia - problems such as excess costs, lack of sufficient work by professors, exclusive concentration by professors on research with resulting inattention to teaching and administrative tasks, an ever increasing spiral of tuition resulting from the foregoing phenomena, and failure by law, engineering and business schools to teach students the skills they need in the professions they have been trained for. MSL p. 459

1. THE CURRICULUM FAILS TO TEACH STUDENTS MANY OF THE SKILLS NEEDED TO BE A COMPETENT LAWYER - PROBLEM SOLVING, FACTUAL INVESTIGATION, COMMUNICATION, COUNSELING, NEGOTIATION,  MANAGING LEGAL WORK EFFECTIVELY AND RESOLVING ETHICAL DILEMMAS

Ask any practicing lawyer: "Is a new law school graduate ready to practice law?" The answer will invariably be an emphatic "No!" Most of us readily accept the seeming inconsistency between the notion that when we take the bar examination, we know more law than we have ever known before or will know again, and that we know frightfully little about being a lawyer. Munneke p. 20

If professional competence is the goal, the fact is troubling that so many young lawyers are seen as lacking the required skills and values at the time the lawyer assumes full responsibility for  handling a clients legal affairs. Much remains to be done to improve the preparation of new lawyers for practice...MacCrate p. 266

2. THE TEACHING METHOD PROVIDES   TOO FEW SUPERVISED CLINICAL EXPERIENCES AND TOO FEW  SIMULATION AND ROLE PLAYING, COMPUTER-ASSISTED LEARNING, PLANNING AND WRITING EXERCISES.

 ...If the students intend to become experts in, say,  contract law, they will likely be taught contracts by a  professor who has üever sat across from a living client,  who has never considered the grave, long-lasting  personal and social consequences of the agreement he is to write. Generally the students will never draft a  contract themselves, or likely ever see one in law school. ... The professors were not training young attorneys to represent people. They were teaching their students only what they themselves knew. The art of studying law." MSL p. 146 quoting trial lawyer Gerry Spence

Law professors .,..could not impart the professional techniques needed at the bar and the mores and habits of the profession ... (or) be the instruments for students' necessary socialization to the profession,...(and) results ..in less capable teaching even in "academic subjects"  For the best theoretical instruction, as is well known to students of pedagogy and learning theory, is instruction which illustrates the theoretical by the practical.  MSL p. 132

"What would we say of a medical school where students were taught surgery solely from the printed page? No one, if he could do otherwise, would teach the art of playing golf by having the teacher talk about golf to the Prospective player and having the latter read a book relating to the subject." MSL p. 166 quoting Judge Prank

(R)elatively few law students have exposure to the full range of professional skills offerings. The Task force found that the majority of graduating law students had four or fewer skills  experiences" (simulated skills, clinics, externships or others) while in law school. When classes of first year "Introduction to Lawyering'.... legal writing and research...trial advocacy.., and moot court were removed from the list, the majority of graduating students had only one., or no... additional exposures to professions skills instruction ...professional skills training occupies only nine (9%) percent of the total instructional time available to law schools. MacCrate p. 240

3. STUDENTS LACKING KNOWLEDGE OF THE LEGAL PROFESSION AND THE SKILLS NECESSARY TO PRACTICE COMPETENTLY CANNOT MAKE AN  INFORMED CAREER DECISION AND DEVELOP A HIGHLY IMPAIRED SENSE OF SELF.WORTH.

The statement, "You are unique," may not strike you as particularly profound ... Your many accomplishments set you apart from the crowd.  Unfortunately, many law students lose their  confidence in their own uniqueness as soon as they begin to look for a job. They act like they are fungible. They talk like they have no special skills. Part of the reason lies in the law school  experience itself:,., During your first year, you learn that you are almost never right. By your senior year, you discover that despite years of studying theory and black letter law, you know little about practicing law..,.Munneke p. 133

Alan Stone, a psychiatrist (and former head of the American Psychiatric Association) who is on the faculty of the Harvard Law School. "The faculty make themselves relatively inaccessible to students in order to gain time to do their own highly theoretical work" ..The crucial human attribute which the law school ignores, and indeed in many cases defeats" says Stone, "is the student's sense of self esteem" The lack of concern for such esteem ...results in "ever increasing disengagement from the formal educational process (and) ..,is to be contrasted with the  experience of the medical students, who, during his last two years, is given increasing professional responsibility in the clinic and ward." MSL p. 154

BIBLIOGRAPHY

The Deeply Unsatisfactory Nature of Legal Education Today - A Self Study Report on the Problems of Legal Education and on the Steps The Massachusetts School of Law Has Taken to Overcome Them, Massachusetts School of Law, 1992 (MSL)

Munneke, Gary; The Legal Career Guide: From Law Student to Lawyer, American Bar Association Career Series, 1992 (Munneke)

Legal Education and Professional Development - An Educational Continuum - Report of the Task Force on Law Schools and the Profession: Narrowing the Gap. The American Bar Association Section of Legal Education and Admission to the Bar, 1992, "The MacCrate Report" (MacCrate)

Edwards, Harry T; The Growing Disjunction Between Legal Education and The Legal Profession. 91 Michigan Law Review 8478, Oct 1992 (Edwards)

"A review of catalogs and entries in the Official Guide to U.S. Law Schools, published by the Law School Admission Council in cooperation with the American Bar Association and the Association of American Law Schools, provides evidence that schools are not doing a good job distinguishing themselves from one another. Many appear to be all things to all people." The MacCrate Report

Maybe that's because, for the most part, law schools are doing the same thing (they are certainly not all things). Law schools teach you how to think like the proverbial lawyer. There are no majors. When you leave, you seek a position somewhere "in the law" and begin to learn what to do.

I recently read about the gathering of law students from a number of law schools that are difficult to get into who have joined together to form Building a Better Legal Profession, (BBLP) which, according to its mission state, is "a national grassroots movement that seeks market-based workplace reforms in large private law firms".

I do not know whether this messsage was ever received by BBLP since as of this moment I have not received a response

I welcome your comments.

Ron

Hi

As a regular contributor to twitter, a blogger and one who has followed and commented on the activities of the BBLP, I suppose that qualifies me as one doing a story on BBLP.

During my five years (1984-89) as the public interest advisor at Harvard Law School and thereafter, I have observed the close working relationship between the selective law schools and BigLaw. I know how the law schools' deficiencies and defects work to, as I refer to it, "funnel" their students to BigLaw.  If you would like to read a few things I have written on this subject, you can go to Overcoming Law Schools Defects (original title in 1996 "Looking for Law in All the Wrong Places: Choosing the Best Law School") and any of the posts on my blog such as Request of Ronald W. Fox to be Appointed Law School Industry Czar.

During my 5 years at Harvard I watched as a majority of each class indicated an interest in serving individuals, the public, non-profits, small businesses and/or being an entrepreneur but 95% ended up in BigLaw and, based on my experience advising lawyers and keeping up with news and surveys, the level of dissatisfaction among lawyers has been higher than most other occupations for decades. The economic downturn will certainly have an effect on the class of 2009 but I wonder how different the figures of those starting their careers in BigLaw were for the class of 2007.

One topic that I don't think gets enough attention is the unmet legal needs of the public. That was my focus early on in the 70's. Every area that I looked at there were not enough lawyers so I began to create and implement lawyer referral projects, divorce mediation, an association of law clinics and other legal delivery systems. My original interest in becoming the public interest advisor at Harvard Law School in 1983 was to increase the access of the underserved to lawyers who entered law school hoping to represent them. In 1981 Lloyd Cutler said that 95% of lawyers time is devoted to the 1% wealthiest of our society, 5% of our time goes to represent the poorest and the rest of society gets virtually none of our time. I recently read statistics indicating that there is still an extraordinarily high percentage of the public unable to secure the services of a lawyer for the majority of the serious legal issues they have (something like only 20% of the legal needs of the poorest 45,000,000 in this country are met).

Have you read the MacCrate Report? How about Larry Velvel's "The Deeply Unsatisfactory Nature of Legal Education Today"? and what about Ron Fox's Lawful Pursuit: Careers in Public Interest Law?

There is a such a great need for a better legal profession!

There may be a wide range of other committees of your organization looking at other aspects of reform of the legal profession so I apologize for being unaware of the breadth of the organization's mission, goals and activities but I have only read the story about BBPL's effort to change BigLaw.

So, I would like to know:

Does BBLP have as its primary focus changing BigLaw? BigLaw is such a small percentage of the legal profession.

Does BBLP you plan to search for, provide support for and encourage law students to seek positions with high quality superlawyers in Small/Law?

Does BBLP support the elimination of on-campus interviewing so that the law schools could begin to provide genuine career planning services?

Does BBLP support demanding that the law schools reduce the cost of attending law school by eliminating the useless third year?

Does BBLP support demanding that the law schools teach the fundamental skills and fundamental values to their students so that when they graduate, they have the confidence, as one of my students once put it, "to BE good, rather than feeling the need to go someplace they think is good".

Does BBLP support demanding that the law schools breathe life into this fundamental value of the legal profession - the commitment of our profession to promote justice and serve the public and work to insure that its students have a realistic opportunity to do so upon graduation?

Would BBLP's goals be met if 95% of the graduates of the "selective" law schools became associates at kindler, gentler BigLaw providing legal services to 1% of society?

I invite you to contact me if you would like to discuss any of this further.

Ron Fox

Becoming a Lawyer without Needing to Attend Law School

The background of this letter is that there are seven states which permit apprenticeship (working for a lawyer and studying the law) as a road to becoming a lawyer there. The states are Vermont, New York, Washington, Virginia, California, Maine and Wyoming. A few years ago as Massachusetts considered buying an existing law school and making it a public law school, I wrote to a state legislator I have known for years with my suggestion, attaching an excerpt of a 1996 article about apprenticeship in the Boston Globe and my response to it.

The apprenticeship program has two potentially great advantages over the traditional law school. The first is its pragmatic emphasis on learning how to practice law. That benefit, of course, is dependent on how qualified and how willing the mentor is to guide and teach the apprentice. It is also limited to the skills of the particular context within which one finds an apprenticeship. The second is the cost of obtaining the degree. Even if the apprentice must volunteer his or her time, there is no need to pay tuition. Apprenticeships run into some problems, however, when it comes to learning fundamental values of the profession, and to learning about the range and diversity of practice options. Again, the particularity of the setting can be enlarging or limiting. One's access to a wide legal community, if only through vicarious knowledge, may be limited compared to what, ideally, is available in a law school. "Alternatives to Law School for Those who Want to be a Lawyers"

LETTER TO MASSACHUSETTS STATE LEGISLATOR

Dear _____

I have not forgotten our conversation about a new public law school. I thought my proposal might be more timely if, as may be the case, the University of Massachusetts does not take over the Southern New England School of Law.

I strongly believe that law school legal education in most of today's law schools simply fails to adequately prepare law students to be lawyers. Law students are not taught either the skills or the values they need in order to be competent lawyers. Support for this can be found: in my book, "Lawful Pursuit: Careers in Public Interest Law" and the MacCrate Report, both published by the American Bar Association; "The Deeply Unsatisfactory Nature of Legal Education Today" published by the Massachusetts School of Law; and my article on the internet column of which I am a co-author entitled Overcoming Law School Defects (formerly titled "Looking For Law in All the Wrong Places? Choosing the Best Law School"

Worse yet, the law schools divert (either intentionally or through gross negligence) law students away from representing 95% of the public.

My proposal is simple. The state should adopt a law which would allow residents to take the bar examination after a prescribed apprenticeship without having to attend law school. The Univeristy of Massachusetts would establish a law department which would provide support, guidance and assistance to those wishing to undertake an apprenticeship in Massachusetts, Maine, Vermont and any other states where apprenticeships are authorized.

I have attached excerpts from a 1996 Boston Globe article and my letter to the reporter giving some reasons for my suggestion. More appears in another of my articles entitled "Alternatives to Law School for Those Who Want to Be Lawyers"   

Please contact me if you would like to meet to discuss this further. In the meantime feel free to forward this to anyone who you think might be interested. Should you have a need for it, I have also attached my bio at the end of this message.

Cordially

Ron

EXCERPT FROM ARTICLE IN THE OCTOBER 20, 1996, BOSTON GLOBE "VT BARRISTERS BYPASS SCHOOL - RELIC OF DAYS PAST ALLOWS SELF-TAUGHT LAWYERS TO BE SWORN IN" BY KATHLEEN BURGE 

Three of Vermont's state judges never graduated from law school. Neither did the defender general, Robert Appell, a former auto mechanic. Nor did dozens of lawyers like Randall Gilmour, one of the newest batch of attorneys who will be sworn in by the state next week. Instead of being grilled by law school professors on torts and rules of evidence, these lawyers and judges studied on their own while working as paid clerks in law firms.

Vermont and seven other states have an unusual rule, a relic of the days when most layers were self-taught: People who have not attended law school can take the bar exam. Two who passed will be sworn in as lawyers on Thursday.

Vermont, which had no law school until 1972, has few requirements for those who learn the law outside a classroom. They must study four years under a sponsoring attorney, and file progress reports with the Board of Bar Examiners twice a year.

EXCERPT FROM OCTOBER 23, 1996 LETTER FROM RONALD FOX TO MS. KATHLEEN BURGE

You wrote an excellent article in the Sunday Globe, October 30, 1996, on lawyers bypassing law school but their approach, rather than being a "relic of days past", may be the wave of the future.

The crisis in the legal system today is that while we graduate 35,000 lawyers a year, only an incredibly small percentage of individuals have access to lawyers, Many law schools report that upwards of 40% of their students would like careers serving law and middle income people but very few graduates take such positions, a predictable result of the traditional law school experience which incredibly allows them to graduate without knowing how to practice law. For 100 years law schools have limited their role to the first stage of legal education - learning to think like a lawyer.

As a result few students leave law school with the confidence to undertake individual representation. In addition, law schools offer little awareness of the range of options for practice leaving graduates who want to help women suffering in abusive marital situations unaware that small firms exist that limit themselves to family and domestic relations work. Finally, law schools charge an exorbitant amount for the services they provide and bring intense pressure on their students to consider only high paying positions contrary to many of their personal values and professional goals to increase the law school's prestige and to pay off the high debt they incurred to pay law school salaries and expenses.

"Reading the law" has much to be said in its favor. Those following this path are likely to learn how to practice law, learn about a wide range of settings and fields in which lawyers use their training, and learn how to look for position. The lessening and, for many, the elimination of the profound and devastating effect that debt has on career choice will significantly increase the number of lawyers that will take positions serving the legal needs of the public.

 States should be encouraged to consider adopting this approach as one way to live up to our oft-stated  societal promise of equal access to the justice system. 

With all that is happening today, I thought back to an article I wrote shortly after the August, 1997, release of the Boston Bar Association's (BBA) Report of Professional Fulfillment and the subsequent press conference. I wonder to what extent the article describes the current state of the legal profession in Boston and nationally. I would appreciate your comments. 

Failing the Bar Examination:

The Disintegration of the Legal Profession

       On the surface, the Boston Bar Association's (BBA) Report of Professional Fulfillment describes a few of the most egregious causes of the lawyer dissatisfaction lawyers raised and studied more in depth over the last fifteen years. For example the concerns of law school faculty "about whether the law school curriculum adequately prepares law students for the growing challenges of practice" is overshadowed by the 1992 American Bar Association's MacCrate Report which, after noting the "troubling fact" that "so many young lawyers are seen as lacking the required skills and values at the time the lawyer assumes fall responsibility for handling a client's legal affairs", found that the law schools primarily teach only two of the ten fundamental skills needed by a lawyer. Commentators have criticized law schools for most of this century for being graduate schools of thinking rather than professional training facilities, like medical schools.

       But after reading the quote in the Boston Globe from a member of the task force - "The Profession is becoming a business ... It's not a calling any more" - I realized that, in fact, the BBA Report offers much insight into the decline and disintegration of this occupation into a business. The key to understanding the present plight of the profession comes not from the BBA Report's description of the concerns of lawyers but from its "recommendations". There seems to be no meaningful attempt to provide suggestions which would remedy the problems raised by the students and the lawyers. At first blush, this might seem incomprehensible to the casual reader.

       For example, the BBA Report refers to the effect on careers of the high cost of law school: "Because of this substantial debt burden, law students feel that their career options are severely limited. While many students entering law school because of their interest in public service, after financing their education, most students pursue employment in the private sector, particularly large law firms, in order to begin to repay their debt. (During the last fifteen years, at many highly selective law schools, while 40% of those entering wanted to serve the legal needs of the public, as many as 95% of the graduates began their careers working for commercial interests in large law firms.) It is insufficient to simply suggest that the BBA "encourage a national organization, such as the American Bar Association, to conduct a comprehensive study of the student debt issue."? Why not pursue the suggestions of the recent graduates who questioned the cost of a legal        education and felt that law school was not worth its high price and design some less expensive alternatives to the three-year legal education including a two-year academic program followed by an apprenticeship?

       When faced with evidence that those who graduate from law school are unable to undertake competent representation of a client, it is not sufficient for the BBA to simply recommend that law schools "be encouraged to examine their curriculum"? Why not follow the lead of the ABA and require the law schools to prepare its graduates to participate effectively in the legal profession and to affirm that education in lawyering skills and professional values is central to the mission of law schools. Why not offer the BBA's vast knowledge of its members and put it at the disposal of the law schools to teach faculty and students about the practice of law?

       In response to the complaints by associates about the lack of training given to them, it is inadequate to simply recommend that "law firms attempt to ensure that associates have appropriate work experience with assignments which expose them to the spectrum of skills appropriate to their level. Why not require that law firms prepare their associates so they can competently represent a client?

       By far the most damaging allegation appears on page 10 of the BBA Report: "Associates believe that firms will tolerate a substantial amount of abuse of associates by a partner who is perceived to be economically valuable to the firm." It is not enough to suggest as a remedy for the abuse of associates that firms train partners to be managers and allow associates to evaluate the partners skills? Why doesn't the BBA demand that the abuse end and establish procedures to stop it?

      The reason for the BBA Report's missing sense of outrage and its weak suggestions follows from its stated assumption that professional fulfillment is first and foremost the responsibility of the lawyer, not the institutions; and its request that the reader not return to the past, be realistic and recognize that many of the negative changes such as the commercialization of the practice of law are permanent.

      We should not allow the institutions to abdicate their responsibilites and we should not accept any "reality" that justifies actions or practices inconsistent with the fundamental values of the legal profession. In the past there was a respected profession - independent lawyers serving the public - a profession which offered the promises of knowledge of a craft, intellectual stimulation, autonomy, respect, a reasonable income and the opportunity to provide a meaningful service to the public.

      The law school that allows its students to graduate with inadequate training and pressures them through debt into positions where the promises of the profession are not met, is no longer entitled to call itself a professional school.

      The law firm that fails to train its associates, that allows them to be abused should not be accorded respect within the legal profession.

      The bar association that stands by and allows this to continue can call itself a trade group but may have lost its right to refer to itself as a professional organization.

      The reduced sense of fulfillment of so many lawyers is a justified reaction to their failure to achieve the goals they had a reason to expect when they entered law school but which have been denied to them.

      My nearly forty years in the legal profession has reluctantly convinced me that the solutions to the ills of the profession are not likely to be generated from within the legal community. Changes and reforms will have to come from those most harmed when lawyering is a business and when there is less emphasis on the teaching of competence and the value  of promoting justice, fairness and morality at all levels of our society.

      Seventeen years ago, Lloyd Cutler, former president of the ABA, observed that 95% of lawyers time was devoted to the legal issues of the 1% wealthiest members of our society. As law school graduates take positions they do not desire in large firms, the more than 200,000,000 members of our society with legitimate claims in areas such as housing, healthcare, education and employment have no access to the  legal system or these lawyers who hoped to represent them.

      Change will come only if those considering entering the profession, law students and lawyers, those who guide and advise them, the public and its representatives in non-profit organizations and in government not only look to the institutions of the legal community for solutions but demand that the institutions take action to recognize, teach, preserve, uphold, police, and enforce compliance with the fundamental values of the legal profession.

      If we begin, then perhaps some day we will be able to once again look at this occupation and proudly call it a calling and a profession.

What has been a consistent ingredient of my 25 years advising lawyers is the continuing and lasting effect of the failure of legal education to prepare law students for the practice of law - a lack of self-confidence and its companion, a lack of self-worth.

That is one of the primary reasons that I have agreed to accept a position as a career resource for the lawyers/students enrolled in the Solo Practice University.  

A distinguished ABA committee composed of judges, lawyers and law professors in 1992 issued a scathing indictment of law school education since referred to as the "MacCrate Report" finding that law schools failed to teach eight of the ten fundamental skills needed to practice law competently and poorly taught the other two.

Law schools were also criticized for not instilling in students the four fundamental values of the legal profession, including the obligation to provide competent representation. (The law schools' failure to prepare its students to do so seems to me to be a violation of this value.)

"If professional competence is the goal, the fact is troubling that so many young lawyers are seen as lacking the required sills and values at the time the lawyer assumes full responsibility for handling a client's legal affairs.  Much remains to be done to improve the preparation of new lawyers for practice." MacCrate p. 266

The law schools must have pressured the ABA to bury the extensive recommendations of the MacCrate Report since little has been heard about it since the mid-90's.

As a consequence, many selective law schools continued to fail to prepare their students to practice law and to funnel them to BigLaw (contrary to the career desires of most) with the faulty assurance they will be trained there. (A more likely motivation of the law schools was dreams of huge salaries used first to repay loans and then by huge donations to the schools). In doing so, the law schools pressured the students to violate another value of the profession - the obligation of lawyers to take positions consistent with their professional goals and personal values.

Another significant factor was the law schools' failure to make students aware of their options, including the reality that more than two-thirds of all lawyers practiced in firms of five or less lawyers with half of all private practitioners being solos.

As a result, over the last 25 years, many graduates, when they became dissatisfied, having little training or knowledge of their options or how to plan a career, felt trapped and paralyzed. Some stayed. Others made a rash jump to another dissatisfying job. For those laid off, the search was often nothing less than chaotic.

Those fortunate (?) enough not to have been placed by the on-campus interviewing funnel entered the legal community without adequate preparation to represent clients. With hard work and much effort, some found mentors, took courses and became highly competent and successful practitioners.

But many within and outside BigLaw have not fared as well.

"One frequently heard plaint is that law schools in preparing students for practice give greater attention to the needs of those lawyers entering practices in which they will serve the business community than to the needs of those entering practices in which they will provide legal services to individual clients.  The transition from law school into individual practice or relatively unsupervised positions in small offices, both public and private, presents problems which the law schools and the organized bar must address." MacCrate p.47

When I read about the Solo Practice University, it appealed to me. Here might be a place where those who feel trapped in BigLaw might be able to learn a broad range of skills (and values) not conveniently offered by separate CLE programs and begin to acquire sufficient confidence to consider making a transition to solo practice or a small firm. In addition, how much more valuable and timely might Solo Practice University be for those who have no choice to stay because of having been laid off or been given notice that it will happen soon.

The same could also be said for those already in small firms or on their own looking for a more comfortable and satisfying place within the legal community.  Skills training could help them grow their practice in areas they never would previously have considered.

What I hope to be able to add is advice and guidance about how to go about using the skills gained.  Career planning requires deciding, among many options, in what setting the lawyer wants to practice- who he or she wants to represent in what kinds of cases.  When that decision is made, some who want to eventually want to go solo may want to start out by associating and working with or for current practitioners. To find a suitable position, they will want to learn how to promote and market themselves.

I am looking forward to a long and rewarding association with Solo Practice University. I encourage you to review the material on its site and consider participating as either a student or as a member of the faculty.

President Barack Obama
The White House
1600 Pennsylvania Avenue
Washington DC 20500
January 1, 2011

Dear President Obama,

We all knew it was coming!

On December 3, 2008, an article appeared in CNNMoney.com "Verdict is in: Legal job market tightens" The article said "Employment opportunities for legal professionals have traditionally been plentiful - and lucrative. But as the economy has dried up, so too have those jobs.... (This) is a job market that is contracting for the first time in recent history....(R)ecent graduates not only face experienced competition for limited jobs but also hefty student loan bills. 'Recent grads are going to have a hard time'".

The lead story of the December 10, 2008, Boston Globe "Harvard Curtails Tenure Searches" began, "Harvard University officials said yesterday that they will postpone nearly all searches for tenure-track professors in the school's largest academic body, a sobering indication of how the economic crisis has hit the world's wealthiest university."

What followed was: a sharp decrease in the number of applications for admission to law schools in the fall of 2009; dissolution and failures of hundreds of large law firms; an increase in the number of bankruptcies filed by law school graduates of the classes of 2006, 2007 and 2008. By October, 2010, deans of most of the ABA accredited law schools in the country, accompanied by thousands of their most prominent alumni/ae descended upon the nation's capitol to plead for a $3 billion bailout to save their industry. In their impassioned testimony they urged Congress to act, pointing out how the failure of the law school industry could have widespread negative repercussions throughout the country:

   Large law firms who represented the biggest corporations in the world would have to lay off thousands if the law schools were unable to "funnel" unwilling law students to their firms;
   Large corporations would suffer: i.e., a large corporation producing Hummers unable to retain lawyers to plead the case against higher fuel efficiency standards; coal companies unable to obtain permits for strip-mining; tobacco companies unable to prevent the distribution of material warning about the dangers of smoking; oil companies unable to lobby to "drill, drill, drill";
   Law schools, with their graduates unable to repay the extraordinary amount of the loans that they have incurred, would have to reduce salaries of professors and lay off thousands of staff; and
   Even the universities to which the law schools are a department would suffer as the law schools, affectionately referred to as "cash cows", no longer infuse the colleges with needed subsidies. Some universities would, in order to survive, have to extend the winter recess from October 12 to April 14 in order to continue to pay professors their full salaries.

Congress also heard from others, however, who emphasized how out-of-touch the management of the law school industry is and how they industry has failed for decades to produce a product needed or desired by the American public. One witness read this 1980 quote from Lloyd Cutler (legal adviser to Presidents Carter and Clinton: "The rich who pay our (lawyer) fees are less than 1% of our fellow citizens, but they get at least 95% of our time. The disadvantaged we serve for nothing are perhaps 20-25% of the population and get at most 5% of our time. The remaining 75% cannot afford to consult us and get virtually none of our time." And provided statistics from the National Association of Law Placement which indicated that at most of the "select" law schools (that doesn't mean they are good, just that they are hard to get into) until recently, upwards of 95% of their graduates took jobs with large law firms.

Others from non-select law schools testified that their vision was to emulate the select law schools and find all their graduates jobs in large firms so that they could make a lot of money and pay back the loans taken to attend law school and donate lots of money to pay the high salaries of the professors who devote most of their time to making appearances on TV and writing arcane papers.

A member of a consumer group reported that responses from law schools indicated that not one of the law schools had surveyed its students as they registered at their school or at any time during the first year to find out who they wanted to represent (individuals, small businesses, public interest organizations, large corporations) and how many want to start their own firms rather than being an employee at a large law firm.

Another witness was a member of the highly regarded committee that released the MacCrate Report (the chair of the committee was Robert MacCrate, former President of the American Bar Association 1987-88). The MacCrate report found that there were ten fundamental skills needed by a lawyer to competently practice law and the law schools only taught two (and did that poorly.) It also compiled a list of four fundamental values of the legal profession required to be taught by law schools. One of them is: "Striving to Promote Justice, Fairness and Morality. ... As a member of a profession that bears special responsibilities for the quality of justice, a lawyer should be committed to the values of: 2.1 Promoting Justice, Fairness and Morality in One's Own Daily Practice; 2.2 Contributing to the Profession's Fulfillment of its Responsibility to ensure that adequate legal services are provided to those who cannot afford to pay for them; 2.3 Contributing to the profession's fulfillment of its responsibility to enhance the capacity of law and legal institutions to do justice."

As the ABA began to take serious action to implement the recommendations of the MacCrate Report, a law school dean who was a leader in the opposition became a leader of the ABA and the MacCrate Report was relegated to what is commonly referred to as the "dustbin of history".

A second year student recalled reading the annual rating of law schools in the US News & World Report to decide which was the best law school. Only recently did she realize that the criteria used by the magazine were useless in that not one evaluated law schools based on the extent to which they provided the skills and values needed to practice law competently.

Recent graduates testified about: not being taught the value of promoting justice in any course except that "silly" professional responsibility course that the law school was required to have but everyone knew was irrelevant;" not being taught how to practice law; the on-campus interview program and the negative effect it had on them and their classmates; not knowing what their options are for practicing law or anything about the demographics of the legal profession, thinking that everyone practiced in large law firms, not knowing that 66% of the profession practices in firms of 5 lawyers and that over 50% are sole practitioners; never having been exposed to career planning (what are your interests, your vision, your goals, your options, your preference, how to promote and market yourself); how their experience in law school had destroyed their self-confidence, their self-esteem and their sense of self-worth;
with tears in their eyes, how they hated the boring meaningless work they were doing in the large law firm; being over their heads in debt; being so dissatisfied with their career path but having no idea of what to do except apply along with thousands of others to the few advertised jobs; and wistfully recalling they had gone to law school so that they could continue to assist women and children as they had done while in college.

Videos compiled by over one hundred consumer organizations were shown. In each one of them individuals from all walks of life testified about how they were unable to find a lawyer to represent them in a wide variety of cases including sickness caused by pollution, evictions from homes being foreclosed, insurance claims for hurricane damage, discrimination against gays, discrimination in employment of women, injuries to veterans, abused children, claims for injury from toys, denial of insurance, inadequate public education, access to public buildings for the disabled and abuse of the elderly.

I appreciated the opportunity I had to testify before the committee first quoting my warning from an article I posted on FindLaw about fifteen years ago entitled "Looking for Law in All the Wrong Places: Choosing the Best Law School":

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