Recently in Those Considering Law School Category

November 11, 2009

Will college students continue to remain ill-informed about law schools?


Law schools have failed their students and the public but college graduates continue to apply and attend without having the facts or information needed to make an informed decision.

I request that you read this post and, if appropriate, forward it to any college students considering going to law school as well as any of those, such as pre-law advisers, who advise such students.

This is a unique, almost chaotic, time in the legal profession.

Large law firms are reevaluating the way they do business as the economic downturn has resulted in their clients no longer being willing to pay for the training of associates. Many also want value pricing not hourly fees.

Small firms are being given a second look and becoming more attractive to lawyers. In that vein, the presentations I am making to bar associations, including one this past September for the New York State Bar Association Committee on Lawyers in Transition, are aimed at helping lawyers learn about small firms and how to find positions there.

Law schools are under attack from all quarters: including law firms asking that the law schools prepare their students to practice law; students who are paying so much and often believing that they are getting so little; the ABA for inadequate teaching methods and devoting too much time to academic research.

Lawyers are expressing great dissatisfaction in their large firm practices. The American Bar Foundation's After the JD study of 5000 associates from the year 2000 on found that 59% of the graduates of the top law schools working for large law firms planned to leave within two and a half years.

A significant aspect of what I refer to as the "funneling" of as high as 95% of the graduates at selective law schools to large law firms through on-campus interviewing is that as many as 50% of the students wanted careers serving the public and were diverted from those careers. As you are aware we still have a crisis in the country where 80% of the legal needs of the 45,000,000 least wealthy of us are not met by the legal profession.

Some articles point out that the high cost of law school is "justification' for law students to take high paying positions. Rarely examined is why that cost is so high.

Those involved in advising college students who plan to go to law school in the past have focused primarily on how to get into the schools rated the best by the USNews annual survey. The problem is that that survey is defective. For example, it does not have a criteria evaluating how well the law school prepares students for the practice of law. Its focus is on intangibles such as reputation and which law schools get the most graduates the fastest into the largest law firms.

What is needed is a group of students or prelaw advisers who will research and inform college students about the state of legal education today. The group might want to design a far-reaching project could evaluate law schools based on whether they teach the fundamental values and skills of the legal profession and other relevant criteria such as reasonable cost. One example of such an evaluation tool is at the end of Overcoming Law School Defects .

The articles on my website and blog contain much information, resources and warnings about the deficiencies of legal education for those considering doing so.

I also recommend you read what Chuck Newton just posted in this Third Wave Blog entitled Death to Big Law (Schools)?

Law schools simply cannot live off the hope that poor (literally), innocent students can borrow ever increasing amounts of money, almost on a whim, to satisfy the peculiar beguilement and distraction of law school insiders. It is having and will continue to have very severe financial consequences for its graduates; marked by intense dissatisfaction for the choice they made to attend law school in the first place.

I invite anyone interested in talking about any of these issues or in designing a law school evaluation project to post a comment here or contact me directly by email.

October 7, 2009

August 9, 1989 - Harvard Law School

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

September 4, 2009

Prospects Dim for Law Students OR The Light at the End of the Funnel

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.

May 5, 2009

MATTHEW FOX (NO RELATION) AND THE REINVENTION OF WORK - QUOTES

 

QUOTES FROM THE REINVENTION OF WORK by MATTHEW FOX 

 

         Spirit means life, and both life and livelihood are about living in depth, living with meaning, purpose, joy and a sense of contributing to the greater community. A spirituality of work is about bringing life and livelihood back together again. Page 2

 

         All work worthy of being called spiritual and worthy of being called human is in some way prophetic work. It contributes to the growth of justice and compassion in the world; it contributes to social transformation, not for its own sake but for the sake of increasing justice. Page 13

 

         If we are not being served truth and justice as regular fare at work, then no matter how well we are fed materially, we will starve spiritually. Or work must make way for the heart, that is, for truth and justice to play an ever-increasing role in our professional lives. Page 26

 

         How do we prepare young people for the future world of work? ... We should prepare them to be able to distinguish between good work and bad work and encourage them not to accept the latter. That is to say, they should be encouraged to reject meaningless, boring, stultifying, or nerve-wracking work in which a (person) is made the servant of a machine or a system. They should be taught that work is the joy of life and is needed for our development, but that meaningless work is an abomination. Page 30, quoting E. F. Schumacher, Good Work, 118,119

 

         We must become truly critical of the systems that keep so many out of touch with justice and economic fairness. Healthy work lies at the heart of the remedy for this failed promise. Page 45

 

         Wherever there are people, there are needs to be met and thus work to be done. Page 59

 

         Here we come face-to-face with the mystery of vocation, or calling...we find our calling by our natural inclinations, by that which we enjoy doing, are equipped to do, and feel joy in doing.....In our times, we workers are being called to reexamine out work: how we do it; whom it is helping or hurting; what it is we do; and what we might be doing if we were to let go of our present work and follow a deeper calling. Page 103

 

          I think most of us are looking for a calling, not a job. Most of us, like the assembly line worker, have jobs that are too small for our spirit. Jobs are not big enough for people....Paul when he says that truly the only sin in life is our refusal to do the work we have been called to do. Page 104

 

          All our work worlds, from so-called blue collar to professional, have been tainted by the limits of our civilization's philosophy of work....We can be sure that a paradigm shift will occur whenever the necessities of life are beyond the reach of most citizens. This is happening in our culture today. Health care, education, law, business, economics, politics, and religion are not reaching the people who need them the most. .. We can realize that we are not isolated in our work dreams, that we are not alone in our deepest desires to make our professional life again and be true to their deepest moral and spiritual potentials. The word community, after all, means "to work on a common task together." Page 135

 

          The task needed in every profession, and indeed by every citizen today, is to return wisdom to our work. We do this by returning to the essential meaning of our profession - a meaning that originally had to do with serving others......Is it controversial to suggest that our professions have in great part lost their enchantment? How happy are people at their work? The dean of a law school recently confessed that only 6 percent of his graduates will find a job in law this year. Is the real reason that we do not need more lawyers? Might it be instead that we do not need more of the kind of lawyers practicing the kind of law that we are accustomed to? We do need laws to defend the environment, to defend our children, to defend the poor instead of lobbying for the powerful. Perhaps the crisis lies in the kind of work our society is offering its workers. Page 137

 

          All the professions, no matter how far they may have strayed from their original purpose, were rooted at their origins in the inner life of the community. They began as expressions of the spiritual and corporal works of compassion that the prophets wrote about. We can redeem the professions by returning to the best hopes they hold out for serving others. .. We can be in our professions without being of them, that is, without selling our souls to them. Indeed, that is how we must operate if our work worlds are to help solve the problems of our advanced industrial society.  Page 138

 

           Justice making and other types of healing are forms or compassion because we all live in human societies that yearn for healing from many kinds of injustice.  Page 174

 

           Individuals have values but are often told on coming to work to leave their values at the door. Page 231

 

           The growing desire that workers have to be in control over their own livelihoods, and to be able to create a harmony between their values and their working lives. Page 235

 

           The problem is that our civilization has settled for such a narrow and restrictive definition of work that we are trying to pour human energy into a skinny little funnel that in turn pours into a puny little machine called "industry" or jobs available......those who have jobs are so squeezed in the process of getting them that when they do finally arrive at the workplace they have lost their sense of wonder and amazement and their capacity for grief. Their inner life has been squeezed out of them; their work is too small. They have no energy to create good work and thereby help others join the work world and thus participate in the Great Work. Page 301

 

 

May 5, 2009

MATTHEW FOX (NO RELATION) AND THE REINVENTION OF WORK - INTRODUCTION

 

The following is from this webpage

 

"Matthew Fox is author of 28 books including Original Blessing, The Reinvention of Work, Creativity, and A New Reformation. He was a member of the Dominican Order for 34 years. He holds a doctorate (received summa cum laude) in the History and Theology of Spirituality from the Institut Catholique de Paris. Seeking to establish a pedagogy that was friendly to learning spirituality, he established an Institute in Culture and Creation Spirituality that operated for seven years at Mundelein College in Chicago and twelve years at Holy Names College in Oakland. For ten of those years at Holy Names College, Cardinal Ratzinger, (Ed.Note on 19 April 2005 he became Pope Benedict XVI) as chief Inquisitor and head of the Congregation of Doctrine and Faith (called the Office of the Holy Inquisition until 1965), tried to shut the program down. Ratzinger silenced Fox for one year in 1988 and forced him to step down as director. Three years later he expelled Fox from the Order and then had the program terminated at Holy Names College.

 

"Rather than disband his amazing and ecumenical faculty, Fox started his own University called University of Creation Spirituality nine years ago in Oakland, California. Fox was President and a member of the Board of Directors for nine years. He is currently lecturing, teaching and writing and is President of the non-profit that he created in 1984, Friends of Creation Spirituality. The principle objections from the Congregation of the Faith to Fox's work were that he is a "feminist theologian;" that he calls God "Mother" (Fox has proven the medieval mystical tradition did exactly that); that he prefers "original blessing" to "original sin;" that he calls God "child"; that he associates too closely with Native Americans and people of the wikka tradition; that he does not condemn homosexuals; that he has replaced the naming of the spiritual journey as Purgation, Illumination and Union with the four paths of Creation Spirituality: The Via Positiva (joy, delight and awe); the Via Negativa (darkness, silence, suffering, letting go and letting be); the Via Creativa (creativity); and the Via Transformativa (justice, compassion, interdependence)."

 

 

The following is a review of The Reinvention of Work by Diane Schirf

 

"In The Reinvention of Work, Matthew Fox brings together the work of Eastern and Western mystics, ancient, medieval, and modern, to propose a new paradigm for how we work and what we do. ... Fox explores the concept of work and how it can be healthier physically, emotionally, and intellectually, but primarily socially, environmentally, and spiritually.  Fox believes that the Enlightenment and the industrial age have left us with a machine-centered, anthropocentric world that focuses on outer work and rewards at the cost of inner work and spirituality, and destroys rather than creates. Real wealth results from preserving the health of the planet, not in the artificiality of money or possessions. The result has been a world often at war, where the gaps between affluent and poor continue to spread, where the environmental health of non-industrialised nations is sacrificed for the comforts of the industrialised, and where the work that is available and that most people have serves machines and leaves the worker stressed, addicted to work, ill, angry and even violent, and unfulfilled intellectually, emotionally, and spiritually. He also recounts the stories of people who reinvent themselves through work, who are willing to sacrifice position and possessions to find an avocation that matters, like the man who gives up a high-paying position to become a fireman and who is ecstatic about the meaning it brings to his life.  Fox carefully sets up all that is wrong with our modern concept of work and, indeed, life, since so much of who we are, how we feel, and how we live is tied up in what we do for a living, or what we mistakenly call "work." 

"To get billions of conditioned consumers (and their consumers-in-training children) to give up their increasingly complex lifestyles, comforts, and amusements in the interest of a healthier, more just world for all and for better personal mental and physical health requires a utopian change that most people will not embrace. As with the Woolgers in their book, The Goddess Within, Fox tries to find a movement in the mid-1990s that has not materialised yet. Generally, people do not choose to change; they are forced to. Perhaps someday, when the gaps have widened too far, and society and our home can no longer support our appetites (and the corresponding waste), we may be ready to listen to Fox and his adherents, at which point they will need to provide practical answers. What if there is imbalance between what people want to do and what needs to be done? In practical, everyday terms, what does the reinvention of work look like? And do I want to live long enough to experience the disasters that are likely to be required to bring it about?"

 

AFTER YOU HAVE FINISHED READING THIS, I SUGGEST THAT YOU READ QUOTES FROM THE REINVENTION OF WORK HERE. 

 

April 25, 2009

SUGGESTION FOR LAW SCHOOLS: DON'T TRY TO BE ALL THINGS TO ALL, BE SOMETHING FOR SOME

"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.


What I propose is that law schools promote something unique; i.e, a specialty, an area of concentration or an approach, something that will make the law school stand out and appeal to many considering law school and a career in the law. Think PierceLaw's IP reputation and Vermont's environmental niche.

 

Here's a few that came to mind:

 

The ten fundamental skills (or specific ones like problem solving or dispute resolution)

 

The four fundamental values (or specific ones like promoting justice)

 

Drafting commercial transactional documents

 

Representing corporations generally or in one or more practice areas (M&A, taxation, trusts and estates, healthcare)

 

Attaining a level of competence to be able to zealously represent a client

 

Experiential teaching (performance and evaluation)

 

Clinical teaching

 

Research and writing

 

Appellate work                                          

 

Working with a team on projects                                     

 

Trial advocacy

 

Intellectual stimulation

 

Mediation and collaborative law

 

Representing individuals & consumers generally or in one or more practice areas (employment, education, product liability, immigration, family)

 

Increasing the Delivery of Legal Services to the Public

 

Training to be a Professor

 

Holistic jurisprudence

 

Starting a solo practice - entrepreneurship

 

Small firm practice

 

Corporate Counsel

 

Working as a lobbyist, legislator, district attorney or government official.

 

Executive Director of a Non-Profit

 

Law and Economics

 

Taking positions consistent with your professional goals and personal values

 

Developing neglected areas of the law

 

Improving the profession

 

Social Networking in the Law

 

Technology in the Law

 

Faith-based, spiritual, religiously focused

 

Cultural and ethnic diverse student body

 

On-line law school

 

Law school without books, all on-line

 

State run or privately operated apprenticeship system not requiring attendance at a

law school

 

Faculty all adjunct, all practicing lawyers  

 

Faculty primarily focused on research and publishing

 

Faculty primarily focused on mentoring, advising and counseling

 

School has eliminated on-campus interviews

 

 

 

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April 14, 2009

A MUST READ IF YOU ARE CONSIDERING OR ARE ABOUT TO ENTER LAW SCHOOL

For many years I have taken excerpts and quotes from the powerful devastating criticism of legal education called The MacCrate Report.

 

The official name for it is Legal Education and Professional Development - An Educational Continuum, Report of The Task Force on Law Schools and the Profession: Narrowing the Gap, American Bar Associatioin, Section of Legal Education and Admissions to the Bar, July, 1992.

 

While the report is 414 pages long, one way to summarize it is by saying that the task force stated that there are ten fundamental skills that a lawyer needs to practice law and that the law schools teach two of them poorly. There are four fundamental values of the legal profession and while the report does not analyze the performance of the law schools, there is evidence that the law schools do not teach them well either.

 

Today, I scanned in the section entitled "The Need for Informed Choice" and am posting it here. 

 

If you are considering attending law school or if you are planning to start law school in the fall, you must read this.

 

If you are in law school, if you are faculty and staff at a law school, if you graduated from a law school and if you care about the future of the legal profession, it is important that you read this.

 

Realize that this was written in 1992 long before the current economic downturn.

 

Your comments are invited and welcome.

 

Ron  

 

  

B. The Need for Informed Choice

 

There are three critical stages of decision-making en route to becoming a lawyer: 1) Perhaps the most significant, whether to enter the legal profession at all; 2) which law school to choose; and 3) what career path to enter after law school. Each occasion should be a time for careful reflection and self-assessment based upon sufficient information to make an informed choice. Far too often these decisions are made without sufficient information or thought. Many common factors affect each of these decisions. The three stages of decision-making are parts of an ongoing process of self-development.

 

Many factors influence each individual's decision. When exploring the possibility of becoming a lawyer, choosing a law school, and finding a practice niche, individuals pursue and rely on a variety of information. They may seek advice from friends, relatives, guidance counselors, professors, lawyers, the popular press, career guidebooks, magazine articles, law school bulletins, and other sources. The consequences flowing from their decisions are important to their career satisfaction, to the legal profession, and to society. Timely and accurate information about the legal profession and the function of law schools as the gateway to the profession helps prepare prospective applicants for a future in law and may help prevent some from becoming locked into a career from which they draw no real satisfaction, for which they are poorly suited, and in which they perform marginally. Such individuals need access to comprehensive and objective information.

 

The 1990 Report on the State of the Legal Profession, issued by the ABA Young Lawyers Division, presents evidence suggesting that many may have entered the profession with inadequate information regarding a life in the law. While interest in law is at a peak, the survey found that lawyer dissatisfaction had risen.6  It was noted that, since 1984, "across the board, regardless of job setting, there has been a dramatic 20% reduction in the number of lawyers indi-

 

5. See BYERS, SAMUELSON & WILLIAMSON, LAWYERS IN TRANSITION-PLANNING A  LIFE IN THE LAW 1988).

6. Career dissatisfaction may not be a new phenomenon. The 1986 Vogt study, supra note 3, at 10, found that many lawyers who had received their degrees several years prior to the study were no longer practicing law. It may be inferred that career dissatisfaction was a factor in some cases. see also, Kaye, Free of the Law, HARVARD MAGAZINE (Jan. . Feb. 1992), at 60.

 


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cating that they are very satisfied, accompanied by an increase in dissatisfaction." The report also shed light on how expectations had changed between entering law school and graduation.

 

Career dissatisfaction is not exclusive to law; much is heard about unhappiness in medicine, accounting, teaching, and other professions. Many law school applicants are seeking career changes from other professions because their initial professional pursuits have not met their expectations. It seems clear that better information about career characteristics is needed at the beginning.

 

Prospective law students generally are not knowledgeable about the profession: what certain jobs entail; what different paths for entry into the profession may be; how students should prepare for their careers; and how law schools may differ in the preparation they offer. Law students tend to be passive consumers of legal education; they simply assume that the law school experience adequately prepares them for practice. To the extent that this is not accurate, efforts should be made to inform students how to identify the skills they will need to be competent attorneys, and how to enable themselves to take an active role in their education by seeking appropriate training for those skills.

 

Law school administrators know the strengths and weaknesses of their own institutions and should be candid in discussing them with applicants. Catalogs and application materials should provide the kinds of information that will enable candidates to make informed decisions. Unfortunately, this is not always the case. It has become routine, for example, to talk about skills training and clinical opportunities, but there may be no mention of enrollment restrictions nor of the chances of being accepted into these courses. Information may also be incomplete with regard to writing  opportunities, seminars, and courses that are likely to be of particular interest to certain groups of students. Schools could be the source of considerable information about such concerns, about the pressures of law school and practice, about the kinds of work their graduates do, and about the financial and personal implications of different legal careers.

 

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. This is unfortunate,  ecause it prevents law school applicants from making intelligent and informed choices as to which law schools would be good matches for them.


 

Page 3

 

The provision of high-quality information at an early stage would be a significant step in this  direction.

 

The perceived lack of adequate information coming from law schools themselves has resulted in a plethora of materials purporting to fill the vacuum. These include articles, books, and a variety of law school ratings which have attracted considerable attention. Many legal educators have commented on the defects in these materials, especially the ratings, but little has been done to  address the underlying problem. It is now time to do so.

 

With regard to the selection of a law school, the following kinds of information would be helpful to a prospective student:

   a   Admissions data

   b.  Tuition, costs, and financial aid data

   c.  Enrollment and graduation data

   d.  Composition of faculty and administration

   e.  Curricular offerings and class sizes

   f.  Library resources

   g.  Physical plant

   h.  Housing availability

   i.  Financial resources available to support educational program

j.        Placement and bar passage data7

 

This list is not exhaustive; there is much more information that one could seek in selecting a law school. A good deal of that data is submitted annually to the ABA Consultant on Legal Education's office by every law school approved by the American Bar Association. It is considered confidential and is not released. The Task Force recommends that, to the extent that such information is  relevant, accurate, and useful in decision-making, the current policy of absolute confidentiality should be reconsidered.

 

Other steps could include:

   * Distributing to all LSAT registrants a statement indicating that there are differences between law schools, describing broadly what those differences are, explaining that schools' reputations do differ, and providing relevant information from the front of the Official Guide to U.S. Law Schools.

ยท         Sending to each LSAT registrant a letter from the ABA and/or AALS and/or LSAC outlining the kinds of ques

 

7. This list is taken from a February 1992 draft interpretation of a proposed ABA

Standard for Approval of Law Schools, which would require the release by a law

school of "basic consumer information."

 


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tions an applicant should ask admissions personnel in order to obtain the kinds of information upon which to base a decision.

 

Expanding the ABA's Annual Review of Legal Education  and the Official Guide's key facts, providing some of the information listed above. These materials might be mailed to LSAT registrants.

 

With regard to career path information, there are various helpful sources of information on the legal profession which identify key factors that should be considered by prospective law students when making the decision to become a lawyer.8 Such books profile attorney lifestyles in different practice settings and generally describe law school and the nature of legal education, but the  subject matter today is so immense that any one of these books can serve only as a starting point in one's exploration of law as a career. There is clear need for a more comprehensive way in which to address today's diverse and changing legal profession and the practice of law in its myriad settings. This suggests that the ABA give consideration to producing a regularly updated volume of  materials on careers in the law. Such information, augmented by current data available from law school placement professionals, could be extreLmely helpful to those considering law as a career.

 

Most prelaw counseling takes place only after in dividuals have already decided to become lawyers and are seeking information to assist them in selecting the law schools to which to apply. The need  for advice at an earlier time in the decision-making process is apparent.

 

The organized bar's programs in primary and secondary school of law-related education provide useful instruction at an early stage of choosing one's career direction; but greater attention should be given by the bar to providing guidance during the undergraduate years on the factors to be considered in selecting law as a career.

 

We suggest that during undergraduate years the following considerations should be brought to the attention of prospective law students:

              * prelegal education is crucial to the development of future

 

8. See, for example, Susan J. Bell, Full Disclosure: Do You Really Want to Be A awyer?, ABA Young Lawyers Division (1989); V. Countryman, T. Finman, & T.J. Schneyer, The Lawyer in Modern Society, 2nd Ed. (1976); T. Ehrlich & 0. Hazard, Going to Law School? Readings on a Legal Career (1975); Eve Spangler, Lawyers for Hire, Salaried Professionals at Work (1986). Cf. F. UTLEY & GA. MUNNEKE, FROM LAW STUDENT TO LAWYER (1984), from the ABA Career Series, which is published as A Career Planning Manual" for students while in law school.

 

 


 

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lawyers, As early as 1953, the AALS issued a Statement on Prelegal Education, calling attention to the quality of undergraduate instruction that AALS believed fundamental to the later attainment of legal competence, and to the fact that quality of prelaw education was important to the development of basic skills and insights needed in the study and practice of law. The Statement pointed to the importance of:

         * comprehension;

         * oral and written expression;

         * critical understanding of the human institutions and values with which the law deals;

         * creative power in thinking.

 

The AALS Statement's emphasis on communication, oral and written, is underlined by the recent ABF survey on legal education and the profession, "Assessing the New Generation of Lawyers,"       Appendix B. The two most important skills as defined by beginning practitioners are oral and written communication, but most of these practitioners do not believe that they learned these skills primarily in law school. Jt is important for them to come to law school as prepared as possible in these skills. Prospective law students should be encouraged to review the AALS Statement when planning their undergraduate studies.

 

In addition, we point out that the ABA Special Committee for a Study of Legal Education identified in 1980 some specific areas of the undergraduate curriculum which can be helpful to would-be       lawyers. It is also important that undergraduates know that selection of a law school can significantly impact one's career options. For example, attendance at a "national" school may enhance one's chances of entering large firm practice, but may discourage entering practice in other settings.

 

Course selection in law school may be important to certain law firm interviewers, but generally does not open or foreclose later opportunities. Students may make curriculum choices with an eye   toward honing particular skills, producing the best possible gradepoint average, passing a bar examination, coming into contact with the best teachers, or pleasing potential future employers. These different goals are likely to require somewhat different approaches to curriculum planning.

 

Finally, the Task Force recommends that its Statement of Fundamental Lawycring Skills and Professional Values be made available to prospective and entering law students to inform them  about the skills and values they will be expected to possess as lawyers.  This will help them to seek appropriate educational opportunities both in law school and beyond to develop these skills and values.