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December 07, 2007

No Practical Training at Your Law School? Blame the ABA. Guest Blogger - Edward Wiest

Long time Build A Solo Practice reader, Edward Wiest, is a solo in Massachussetts and a Harvard Law School graduate. He wrote such a terrific comment to my frequent challenges to law schools not offering practical training, I asked him if I could use his commentary as a guest post and he graciously agreed.

It’s one thing to point out—as this blawg and others have done—that the U.S. News ranking system doesn’t tell prospective law students much about whether any law school will actually prepare them to practice, rather than merely learn, law.  I wouldn’t hold my breath waiting for prospective customers to drive real change in law school curricula.  There are huge institutional constraints limiting the ability of the legal academy to provide any real introduction to the world their students—whether bound for BigLaw or a home office upon graduation—will enter upon graduation.  It will take more than agitation from applicants to drive real change. 

ABA rules governing the accreditation of law schools—and, effectively, their graduates’ ability to sit for the bar on a nationwide basis—effectively mandate separation between the legal academy and the real world of practice.  Point your browser to the ABA’s published standards for law schools.  Standard 402 and interpretation 402-4 strongly discourage the use of even full-time faculty with significant outside practices (e.g., ongoing real-world contact).  Standard 304(f) provides for the adoption of rules limiting full-time students’ compensated part-time work (presumably for paying clients) during the academic year to 20 hours per week.   Interpretation 305-3 provides that schools are not to award academic credit for field placement if a student receives payment in excess of expenses—a substantial disincentive to creating clinical placements in the private sector (outside the context of four year law co-op programs such as those at Northeastern).  Micromanagement by accreditation, however, does not extend to career services offices;  Standard 511 requires only that there be "an active career counseling service to assist students in making sound career choices and obtaining employment".  It doesn’t require that a placement office provide the same support to aspiring solos as to those seeking traditional employment upon graduation—as was reported here in March 2007. The battle between Massachusetts School of Law and the ABA illustrate how the accreditation rules favor institutions designed from the outset to train scholars rather than independent practitioners ready to hit the ground running after graduation. (See Chuck Newton's great post on MSL here.)

The isolation of law students from contact with the day-to-day business problems that real world practitioners face every day is also embedded by the bias in clinical programs toward civil work solely for pro bono (i.e., non-paying) clients.  ABA and state law student practice rules effectively bar law students from doing real work for credit for paying customers who might teach students a few things about how to manage a client relationship, particularly one which imposes economic restraints on what the lawyer can do (can the client afford one more deposition or an appeal?).  City Journal noted the problematic nature of these limitations in a 2006 article.  The system—as it exists today—essentially is one in which survival in private practice is left to on the job training once formal doctrinal education tested on the bar exam ends.

You can look it up—I’m a graduate of “the” Tier I law school and proud to be one.  Nonetheless, Detroit Mercy's well documented efforts to bring the real world into the classroom may prove to be a lot better idea than programs for the study of the legal profession focused on the management of large professional firms (like this one I read about in an alumni magazine).  Law students, particularly the stars headed to the top tier who rely on The Vault, Above the Law, and press reports about the life of BigLaw associates as a career guide won't get that message until law schools start to spread the word that there are many pathways a new lawyer can take--and that they have modified their curriculum to do more than prepare students for a scholars' life or a shot at BigLaw.  The law schools that communicate such a message effectively are those most likely to move up a tier or two with their customers—regardless of what conclusion the U.S. News survey may reach.   

Edward R. Wiest

Edward R. Wiest, PC

Business Litigation and ADR

(including Securities Arbitration)

Admitted in Massachusetts, New York, and New Jersey

81 Dana Street

Cambridge, MA 02138-4310

tel: (617) 547-6500/(781) 391-9129

fax: (617) 507-1259

erwiest@wiestlaw.com

http://www.wiestlaw.com

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Listed below are links to weblogs that reference No Practical Training at Your Law School? Blame the ABA. Guest Blogger - Edward Wiest:

» ABA Stands In The Way Of Practical Training For Lawyers? from Chuck Newton
And now comes Harvard Law grad Edward West, a guest blogger on Build A Solo Practice, with a statement that it is the ABA that stands in the way of law school offering practical, real world training to its students. These institutional constraints as E... [Read More]

» An Unwanted Education from Business Development
I have posted, and Larry Bodine has, too, about the dismal job a lot of law schools are doing in training their students to develop business. An interesting facet of this was mentioned in Susan Cartier Liebel's Building a Solo [Read More]

Comments

PerGynt

I very much believe that good law schools are where you find them, and that beyond a certain point (ABA Accreditation) that there is no real sense in pushing around a lot of numbers to figure out where you should go to law school because there is much more than numbers to consider. Legal business training is fun to sit and yak about, but do you think you could give us a list of places where we could purchase the training that the law schools aren't providing? If law schools aren't going to go into the business of training entrepeneurs I will have to get it somewhere else, and in my experience it is cheaper to take the training than to take the risk and learn it all on the fly. Where can I buy the training? If it were such a big deal (and I think it is) then I would think somebody might have already put together a nice 6 or 8 week program that I can take the summer after I take the bar exam so I can get that all behind me right away and go hire a sign maker and start doing business right away. Like anything else, I would bet that the only way to make law schools make any effort in that direction is to make them realize that there is an existing trade in the business and get them to compete with small private training firms for the business.

Susan Cartier Liebel

It's funny you mentioned this. The school where I teach is already looking into my offering a course like this slated to be taught the weeks between taking the bar and hearing the results. It will also be open to non-QUSL graduates. Makes good sense. And I am seriously considering taking them up on their offer. Maybe you should e-mail Dean Saxton directly at brad.saxton@quinnipiac.edu and let him know you could be interested!

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