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The Case Against Law School

Should the standard three years of law school, followed by the bar exam, be the only path to a legal career?

Improving, Not Overhauling

Updated July 21, 2011, 09:03 PM

Rose Cuison Villazor is an associate professor of law at Hofstra University Law School.

Proposals to reduce the standard three-year law school model seem to presume that all students would benefit from an accelerated legal education program. To be sure, reducing the costs of legal education is an important goal. But for many students, if not most, decreasing the number of years spent in law school could lead to lost opportunities or, worse, detrimental results.

Decreasing the number of years spent in law school might have a negative impact on nontraditional students.

The traditional three-year model should be thought of as an investment in time spent toward, among other things, learning, understanding and critiquing doctrines, acquiring and practicing legal analytical and writing skills, and gaining exposure to the varied social, economic and political factors that shaped the law. The current model also enables students to explore different types of legal practice (law firm, government work, nonprofit or in-house), learn ethical lawyering through clinics or internships, develop mentor/mentee relationships with professors, and enroll in courses that examine areas of the law in which they do not intend to practice but nevertheless deepen their understanding of the law and their role as lawyers in society. It would be difficult to offer similar opportunities to students under an accelerated program.

Indeed, decreasing the number of years spent in law school might have a negative impact on nontraditional students. These include working students, individuals who have been out of school for a significant number of years, students with families, individuals with various educational or cultural disadvantages, and people with disabilities.

For many of them, three years (if not more) in law school affords them the time to learn the law at a steady pace, transition to new careers or be able to work and attend school at the same time. Notably, the traditional model may be more ideal than a reduced program for preparing many of these students for their state bar examinations, the primary way of obtaining a license to practice law in the U.S. Thus, changing the current paradigm could ultimately be counterproductive and more costly for many students.

Ultimately, the question about reducing the cost of legal education should be less about its length but rather its quality. Law schools must put greater emphasis in developing and strengthening programs that would help law students become engaged and ethical lawyers. These include increasing the availability of skills-based courses, clinical and internship programs, enhanced academic support and mentoring services, providing more mentoring and offering more interdisciplinary courses. By enhancing the traditional model instead of radically changing it, many law students might just view their legal education as an important investment in time and money.

Topics: Education, Jobs, Law, students

1.
Jonathan M
Boston, MA
July 22nd, 2011 5:09 am
This is hardly a balanced panel. Five of the eight are law professors, who have a vested interest in keeping the status quo. Not one of the panelists is a recent law school graduate who is unemployed or struggling away on a low salary with an enormous debt burden.

Traditional employers only care about first year grades, and law schools play along with that game. So how can law professors say with a straight face that we should stay in law school for three years?

Law schools preach ethics, morals and serving the needy, but students are just now waking up to the fact that this us largely lip service. If law schools were truly worried about assisting under served communities, they would lower the cost of legal education. People can't work for free when they have to pay bills. Sallie Mae does not accept good deeds as a monthly payment.
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2.
Jennifer555
Progressive in Republican Land
July 22nd, 2011 6:08 am
Ms. Cuison Villazor, I agree.
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3.
scientella
Northern California
July 22nd, 2011 7:14 am
I am sick of paying their outrageous fees - that is all I know!
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4.
Citizen
RI
July 22nd, 2011 11:57 am
I'm sorry, but this sounds like an advertisement for the A.B.A. From what I have read and heard from those who have attended law school, it is largely a waste of money and time. There is no objective reason that a person should have to attend law school in order to become a lawyer - the requirement is there in order to provide revenue for a "lawyer industry" of which the school is the largest benefactor. Most of the claimed attributes of law school are ones that can also be attributed to internships performed without the involvement of a school.

At risk of being labeled pedantic, I must also point out that a person being counseled or advised by a mentor is called a protégé, not a "mentee".
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5.
Bill Smith
NYC
July 22nd, 2011 2:20 pm
Ethical lawyering? ROFL.
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6.
Meghan
Wilmington, DE
July 22nd, 2011 3:22 pm
I don't follow the author's argument that shortening the law school curriculum would have a negative impact on non-traditional students. Shortening the curriculum would reduce the number of credit hours, but I have never seen anyone argue that alternative schedules should be eliminated. With a shortened curriculum, a non-traditional student could complete law school in 3 years, say, rather than 5, or complete it in 5 but on an even more manageable schedule.
And @RI, re: mentee vs. protege, I prefer manatee.
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7.
geo. githens
connecticut
July 22nd, 2011 3:42 pm
Assuming a defensive position already?
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