Lawyer Satisfaction Blog

(Note the use of the Roman numerals in the title. While it might be inconsistent with a Russian theme, I thought it might gain the status of the NFL Super Bowl.)

When asked whether a new law school graduate is ready to practice law, most say "No."

The basis for the problem is that for over one hundred years law schools have seen their mission as teaching students how to think like a lawyer - what might be referred to as a Graduate School Model, uniformly rejecting the medical school approach which prepares students to practice their profession - the Professional School Model. The MacCrate report strongly criticizes law schools for their heavy reliance on the Socratic method and appellate case analysis as somewhat effective in teaching legal reasoning and research but not so for the other eight fundamental skills needed by the practitioner (problem solving, factual investigation, communication, counseling, negotiation, litigation and ADR, organization and management of legal work, recognizing and resolving ethical dilemmas.

"Relatively 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 of fewer skills "experiences" (simulated skills, clinics, externships or others) while in law school... professional skills training occupies only nine (9%) of the total instructional time available at law schools." MacCrate Report, p 240 based on 1990-91 data.

With millions suffering because of inaccessibility of legal services, we need to insure that thousands of law students each year do not abandon their hopes and visions of using their legal training to help individuals, effect social change or simply serve the legal needs of the public. We need to provide them the training they need to be able to do so. .

"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" Judge Frank, MSL p. 166

Within 60 days all law schools will submit to my office a report which includes:

For the current academic year, the number of clinical and the number of simulated teaching courses including how many available slots for each class there are and what percentage that represents of all slots for all classes.

A tentative curriculum for the next academic year at least half of which courses will be experiential and at least half of those will be simulated (teacher will present information or a concept, the student will "perform" and the student will then be evaluated - a pedagogical approach less expensive than clinics.) The plan will include assurances that those teaching the courses have or will secure the education required to teach such courses. .

For both the current list of course offerings and the tentative curriculum for the next academic year, please note for each course which of the ten fundamental skills will be taught in that course as well as the components of experiential instruction incorporated in any course.

I expect that every law school graduate will be a professional; i.e., have knowledge of a craft, autonomy, be treated with respect and do meaningful work serving clients who need their services.

Comments?

Recently I posted My Request to Be Appointed Law School Industry Czar on another blog but have now transferred it here and suggest you read it. As of today I have two supporters in my campaign.  I sense the beginning of a grassroots movement in favor of my selection. 

If you have read the request, you know I am convinced that law schools have failed their students, their lawyer/graduates and the public over the last decades by not teaching their students the skills and values they need to practice law, not informing them about their wide range of options, and not providing career guidance instead simply offering on-campus interviews. These failings, when combined with tuition much too high for the services provided, results in thousands of law students being "funneled" to BIGLAW  where they do not want to be, and thousands of others floundering with no vision of what to do with their degree.

What follows is predictable - an extraordinarily high percentage of lawyers expressing their dissatisfaction with their jobs and careers while millions of members of the public with serious legal issues have no recourse to lawyers and the legal system.

This country is facing so many critical issues in the areas of housing, healthcare, employment, the environment, education, the economy, and foreign "entanglements". The public desperately needs the legal help that lawyers can, and want to, provide.

Not unlike the basis for the presentations and speeches being made by President-Elect Obama, I am taking steps to insure that when appointed, I will be able to, as he says, "hit the ground running"and the legal community will be prepared to join me in implementing reforms of law school education. .

So, as a self-proclaimed leading candidate for Law School Industry Czar, I will soon issue Ukase I which I will promulgate the day I am appointed. As you may be aware, the Czars had absolute authority which enabled them to issue arbitrary rulings called ukases.Also while it may be incompatible with Russian culture to use Roman numerals, I believe that the use of such symbols will give them the status of the Super Bowl.