Over the past several decades, law schools have undergone a revolution in clinical education, and two recent announcements highlight the continued integration of apprenticeship experiences with traditional classroom education.
First, Stanford Law School recently opened its new Clinic Center, "with opportunities for students to work on capital defense, criminal prosecution, cyberlaw, youth and education advocacy, environmental law, immigrants' rights, community law, international community law (in Ghana) and Supreme Court litigation." The Director of the Center has announced a goal of requiring every student who graduates from Stanford to have a clinical experience prior to graduation.
Second, Drexel University recently announced the creation of a new "cooperative" law school. Under the co-op program, half of the students in the law school work in full-time jobs at law firms, corporations, nonprofit groups, and government agencies, while the other half are in the classroom. Then they switch. The Drexel program is similar to Northeastern's cooperative program, and the goal is to produce graduates who are more qualified to begin the practice of law than graduates who focus primarily on classwork.
One thing we have not seen law schools attempt, as far as I know, is imposing a work experience requirement on new admits. Business schools expect their students to gain some real-world experience before embarking on their graduate study. In my view as a teacher, law students benefit greatly from prior work experience. I am partial to experience outside of the legal industry, though working as a paralegal or legal assistant can be valuable, too. The main point is to have some engagement with the world of work so that the student can imagine the conflicts and potential conflicts that lie at the heart of the study of law.
Despite my enthusiasm for work experience before law school, I am less enthusiastic about the expansion of clinical experiences during law school. Clinics are an expensive means of delivering legal education, and their effectiveness is constrained by the academic calendar and by competing demands on student attention. Also, clinicians tend to be an evangelical lot, spreading the gospel of practical skills training. The implicit (and sometimes explicit) message of their evangelism is that intellectual engagement with the law distracts from the real purpose of law school. In my view, this is exactly backwards. Law school is the time to develop an intellectual framework for thinking about law. Some practical skills training is useful, but mainly to illuminate and enrich the intellectual experience, not to supplant it. Graduates of law schools will spend most of their careers developing practical skills, and as much as future employers might want us to teach such skills in law school, it is not our comparative advantage.
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1. Posted by Joe Miller on October 25, 2005 @ 7:25 | Permalink
Gordon: You say, "One thing we have not seen law schools attempt, as far as I know, is imposing a work experience requirement on new admits."
My alma mater, NU Law (in Chicago) has not imposed a requirement for prior work experience. It has, however, made such experience an admissions criterion. From the NUSL web site: "We base our admissions decisions on more than just test scores. Long-term, our goal is that all entering students will have at least two years of postcollege work experience - another factor that helps us determine their motivation and ability to thrive in law school and beyond." The page containing the quotation, with a bar graph showing the yearly rise in admits with work experience, is here.
2. Posted by Christine on October 25, 2005 @ 7:27 | Permalink
I remember at U. of Houston, someone proposed having a 2-year work requirement for incoming students, like business schools do. I asked if we were going to have the same requirement for incoming law professors.
3. Posted by anonymous on October 25, 2005 @ 7:34 | Permalink
I think your point about work experience has limited merit. I went straight through college and lawschool, was the editor in chief of the law review and finished in the top 3 in my class. The reason for this: the economy was horrible. Even though I went to a top college, I could not land a respecticable job in the industry I desired. My options were to take a secretarial job, i.e. become a paralegal, or spin the dice and become a lawyer.
If law schools overly value work experience then those students who become eligble to attend law school during a recession are disproporionately injured. Conversely, those who worked during the economic boom and then decided to goto law school during the recession are disproportionately benefited. It was much easier for them to land a top-flight job, pad their resume, with "hot" failed companies with name recognition, i.e. Pets.com. If schools take into account work experience, undoubtedly they will categorize which experience is "better."
This doesn't even address the problem of law applicants who were not privileged enough to go to Ivy-league caliber schools. Students from privilege, which are disproportionately represented at top-flight schools, will gain an additional edge, exploiting their schools network to land top jobs.
Do these privileged students really need any additional advantage? Many of these students already get the advantage of attending test prep classes, hiring private tutors, not having work in the months before the LSAT, etc.
The result: privileged students, who were lucky enough to work during an economic boom, have an easier time getting into law school. They look amazing on paper, even though their instrinsic intellegence and ability is severely lacking
4. Posted by Mike Madison on October 25, 2005 @ 9:13 | Permalink
There are so many critiques to be leveled at the Comment by Anonymous, but I'll mention only one:
Are B-schools the bastions of privilege that Anonymous thinks law schools will become?
5. Posted by anonymous on October 25, 2005 @ 10:05 | Permalink
B-schools are bastions of privelege, at least at the top programs. Many b-school students have previous experience at i-banks, high-end consulting companies, hedge funds, etc. Those jobs are increasingly reserved for students from ivy-caliber schools, whose student body is disproportionately populated by privileged students
Please level more critiques. Attack this point: if law schools emphasize work experience, how will they internally weigh that metric when deciding whether to admit a student?
Will it just be: does this applicant have work experience? T or F? Maybe at first, but as the applicant pool adjusts to the new requirement, how then will the admissions office then make decisions (all else being equal)?
My guess is that would have to guess that this metric would be weighed based on prestige.
6. Posted by Fred Tung on October 25, 2005 @ 12:47 | Permalink
Let me go back to Gordon's original post, which I largely agree with. We'd like to think that our comparative advantage is offering intellectual training, and not technical experience, which students can surely acquire after law school. OTOH, I think the world has changed a lot since Gordon and I graduated from law school.
I'll speak to the law firm sector, which is where I've had a little experience. My sense is that the pressure on young lawyers to specialize these days is enormous. Firms are much more profit driven today than even a decade ago, I think. This means that young lawyers may not have the luxury of knowing only how to "think like a lawyer" in the abstract by the time they graduate from law school. Firms don't like to write off associate time. Instead, firms seem more and more to care about whether law grads can "hit the ground running."
Now, the quality/rank/prestige/(fill in your own hierarchical criteria) of the school clearly matters. Firms probably don't worry very much about whether an NYU grad can figure out how to practice law. For lower ranked schools in competitive markets, though, the experience for graduates may be very different.
Higher ranked schools can still afford to train their students to be law firm partners (or academics!), confident that they'll be able to master the skills required for being an associate on their own. As one moves away from the prestige schools in a given legal market, though, it seems to me that schools will need to train their students to be associates. Otherwise, they might never get a chance to be a partner.
7. Posted by Plainsman on October 25, 2005 @ 15:26 | Permalink
B-schools are bastions of privilege, at least at the top programs. Many b-school students have previous experience at i-banks, high-end consulting companies, hedge funds, etc. Those jobs are increasingly reserved for students from ivy-caliber schools, whose student body is disproportionately populated by privileged students.
This comment rings true to me. It squares with my own knowledge of top B-schools, which is second-hand but not insignificant.
Top law schools, while no great shakes on the economic diversity front, seem more so than top business schools.
8. Posted by Christine on October 25, 2005 @ 16:08 | Permalink
I have always thought that law schools were more schools of opportunity than medical schools because the LSAT is an aptitude test, not a knowledge test, like the MCAT. Doing well on the LSAT does not necessarily hinge on the quality of your high school education or your college education. I would suspect that doing well on the MCAT does. Perhaps doing well on the GMAT does as well, which explains the lack of economic diversity at top B-schools.
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