Enhancing Law School Education: Making A Case For The Possible

[Guest post by Desiree Moore, founder of legal education program, Greenhorn Legal, and Adjunct Faculty Member at Loyola University Chicago School of Law]

I wrote this before reading Professor Moliterno’s post, “Time To ‘Do,’ Not Talk.”  I believe we are aligned in our thinking with respect to practical skills training and this post proposes something similar to (or compatible with) what Washington and Lee has undertaken:

Law students, whether in their 1L, 2L or 3L year, should participate in an intensive “boot camp” of sorts that covers those practical skills not otherwise offered in a traditional law school curriculum.  This is a streamlined and cost effective solution to the lack of preparedness new lawyers face as they embark on their legal careers.  It is far more practical and easier to implement than any proposal to revamp law school curricula entirely.  An intensive boot camp offered separate and apart from our existing law school curricula will also not interfere with the interests and objectives of our tenured professors (who are getting somewhat of a bad name here but who undeniably have defined so many of our law school experiences; they are not, by any means, disposable) or the venerable purposes of a traditional law school education.     

To be clear, “practical skills” in this instance does not mean trial practice, deposition training, negotiations skills, etc.  These are already being taught in many law schools and, while there is certainly a place for such skills courses, as a member of the hiring committee at a national law firm for many years I can assure you that landing a coveted law firm job (or any job in this market) does not turn on the ability to impeach a witness in a mock trial.  (Clinics are useful, too, but can be disjointed and arbitrary in terms of what comes across a student’s desk and thus do not guarantee that all students who participate are exposed to a similar, wide breadth of skills that will prepare them for any job after law school.)

Rather, success in an interview or in a first job turns on professionalism, polish, demeanor, interpersonal skills, and the ability to converse in legal and non-legal matters.  A young practitioner is invaluable if he or she can assimilate easily into a law firm or other legal practice setting, adhere to basic email and letter writing etiquette, anticipate the needs of more senior attorneys, actually implement core competency skills, and contribute meaningfully to client matters without significant instruction.  In short, to be successful, young lawyers need to have an understanding of how a law firm or other legal practice operates and their role in helping that operation succeed. 

In large part, these skills can be taught in intensive training sessions.  For example, most ambitious, prospective graduates need only hear once that they should never go into an attorney’s office without a pad of paper and pen in hand.  Or that it is proper to leave an assignment on an assigning attorney’s chair, and not desk or simply via email, if the assignment cannot be delivered in person.  Critical skills such as how to work with staff, work in teams, manage time, bill time, and handle mistakes and negative performance evaluations can be taught in an intensive setting, as well. 

 Likewise, law students can benefit from exposure to many key core competency skills in an intensive setting.  Law students have a solid foundation for these skills from their doctrinal courses to begin with and, in many instances, it is simply a matter of providing context.  For example, the role of a new lawyer in performing due diligence, drafting certificates, or assisting with mergers and acquisitions can be taught in an intensive training session.  On the litigation end, the timeline of a trial, drafting practitioner-style motions, and the basics of discovery can be taught in an intensive setting, too.  If these intensive courses can supplement other skills courses and clinics like those offered at Washington and Lee and other schools, even better.  

 What’s more, law students are eager to learn practical skills.  As an example, in the spring, Loyola University Chicago School of Law is hosting a three-day intensive practical skills training program for 3Ls through Greenhorn Legal.  We opened registration for the program and, within 24 hours, 90 students (out of a class of approximately 240), the maximum allotted for the course, had enrolled.

If these intensive courses are offered pass/fail (that is, not for credit), law students may enroll free of charge (a gesture that, with all of the criticism surrounding the cost of law school and earning potential in the aftermath, will reflect positively on the law schools).  It is inexpensive for law schools, too.  Even at a modest price per person rate to execute the program, the figure will be an undetectable fraction of the cost students are paying to attend law school.  We owe it to them, anyway.  

I am with Professor Moliterno: “The time for hand-wringing is passed.”  While the notion of a boot camp is not a solution to many of the problems cited in these recent blog entries, it is a step in the direction of preparing new lawyers to actually practice law.  

 

Comments

[Nancy Mackevich Glazer]

Desiree,

Your program is novel, practical and a win-win for all involved: law students and grads, prospective employers and, yes, even the law schools. Brilliant!

Nancy Glazer
Manager, Legal Launch, LLC
www.LegalLaunch.net

[Doug Richmond]

You think teaching someone to go into a more senior lawyer's only with a pad and pen is meaningful advice? It's important to teach that it is OK to leave an assignment on an assigning lawyer's chair? these things pass as "novel" and "practical" advice, according to Nancy Glazer? As a former partner at a large law firm, I can only say: Wow. I hope no one has to pay for your services.

[Desiree Moore]

Dear Mr. Richmond,

Thanks for your comment. This post was not about my program but about a realistic way to enhance practical skills training in law schools without making fundamental changes to existing law school curricula. Since you mentioned my program, I urge you to take a closer look at the training we offer - and testimonials in support of this training. Moreover, if you have suggestions for the types of practical skills training you believe new lawyers require, our programs are built on the input and advice of attorneys from all walks of the legal community and we would be happy to consider your thoughts (to the extent they are not already covered - and they likely are). If this is a topic you are truly passionate about, as we are, please do not hesitate to email me at desiree@greenhornlegal.com to continue the dialogue.

Thanks and best regards,

Desiree Moore

[BL1Y]

While it is certainly good to see schools thinking outside of the box and trying to provide real world skills, the program also represents one of the common ways schools fool themselves about the opportunities they offer.

This class was offered to only 90 out of 240 students, less than 40%, and based on how fast it filled up, you can safely assume that many students who wanted this training were unable to get it.

Hopefully the school offered a second (or even a third) class that semester, but it is quite common for schools to brag about the opportunities they offer without ever mentioning how few students get those opportunities.

For instance, looking at the clinics offered at NYU, they typically take 15-20 students each year. If all you care about is taking a clinic -any clinic- you'll probably get in to one. If you care about the practice area, you may easily find it over-enrolled. There is one business law clinic, takes 16 people each year, out of a class of 450. That's a clinic offered to only 3.6% of students. Mediation clinic takes half that, just 8 for the year.

When schools are charging over $40,000 a year, they really need to do a better job of providing students with real opportunities.

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I have been working as a paargelal for many years, and I can tell you I have NEVER worked with someone who attended an online program. I don't think ANY solely online program is sufficient.With regard to the ABA approval mentioned by a previous poster, the ABA's rules for approval EXCLUDE all solely online programs.If you can swing it, the closest thing to an online program that is likely to be accepted is called a limited residency program. These can be approved by the ABA.You definitely want a regionally accredited school, and if a school tells you it's licensed by some official-sounding government body, see if you can find out what types of schools the agency approves there's at least one paargelal school in NY licensed by the NYS Education Department, which sounds good until you realize that agency primarily licenses hairdresser and bartending schools, and there are no ABA approved programs licensed by that agency.Also watch out for programs that claim affiliation with a paargelal organization. Some do so without authority from the organization, and others create their own paargelal associations for the sole purpose of listing membership! There are some sneaks out there because the business of running a paargelal school is lucrative if you don't have the costs of a quality program.

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Chris, thanks for the meinton in your year-end construction law musings post! I also have enjoyed meeting you and getting together for lunch. Glad your solo practice is going well. Have to get together again soon in the New Year!~ Andrew McRoberts, Sands Anderson PC

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Amy, you don't know it but I met you through lanistreimevg video from the ABA tech show in Chicago!I hope we do get to meet in the future and thank you for your kind words about Solo Practice University. We're working very hard on it and Chris is one terrific faculty member.Say 'Hello' to Laurie when you meet her next week!

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