I feel compelled to share this really great article on law school education from the New York Times.
It’s funny too.
It doesn’t give all the solutions but David Segal, the journalist, is quite good at pointing out some of the problems. And it covers a range of issues concerning legal education’s failure to prepare students for actually practising law.
Below are 3 extracts from the article, which you can read in its entirety here:
“Law schools have long emphasized the theoretical over the useful, with classes that are often overstuffed with antiquated distinctions, like the variety of property law in post-feudal England. Professors are rewarded for chin-stroking scholarship, like law review articles with titles like “A Future Foretold: Neo-Aristotelian Praise of Postmodern Legal Theory.”
“We should be teaching what is really going on in the legal system,” says Edward L. Rubin, a professor and former dean at the Vanderbilt Law School, “not what was going on in the 1870s, when much of the legal curriculum was put in place.”
“Another problem…there are few incentives for law professors to excel at teaching. It might earn them the admiration of students, but it won’t win them any professional goodies, like tenure, a higher salary, prestige or competing offers from better schools. For those, a professor must publish law review articles, the ticket to punch for any upwardly mobile scholar.”
It is my observation that while graduate schools are beginning to wisen up and focus on how people will be doing things as much as what they will be doing, law schools globally seem behind the curve. This means that business school curricula now contain extensive courses the preparation of great business leaders who are prepared for the psychological and ethical challenges. Yet law schools still focus 99% of their attention on learning law – content as opposed to process. There is growing dissatisfaction as lawyers globally realise they have not been adequately prepared for the challenges of the legal profession. This is leading to a rise of services such as Lawyer Coach, which arise to meet the needs of lawyers actively seeking training in the skills they did not receive while studying. Granted, some of these are skills only suitable for lawyers with developed careers. However there appears to be a growing number of lawyers who agree that we MUST start including leadership work, including further courses on ethics, into standard law school curricula.