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ABA task force sees role for many in helping to fix legal education

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In its review of legal education, a special committee led by retired Indiana Supreme Court Chief Justice Randall Shepard concluded that fixing the problems in law schools will require help from individuals and groups outside the classroom.

The American Bar Association Task Force on the Future of Legal Education presented its working paper during the annual ABA conference in August. It is a comprehensive, 34-page report that takes a broad look at legal education from cost to faculty culture to accreditation and alternative law licenses.

The report noted that the public and private good that comes from training lawyers creates “a constant, never fully resolved tension” regarding what that education should include. Many of the issues considered by the task force were affected by the public and private perspectives, and, therefore, any recommendations must take into account these differing views.
 

Randall Shepard Shepard

The task force also took a close look at the legal community and the potential ways the bench and bar could help.

“I think we have believed that many parts of the profession might be able to make contributions toward correcting the challenges,” Shepard said.

Much of the commentary and attention to the problems in legal education have focused solely on law schools, he said. The committee advanced the idea that the courts, the bar associations, Congress and the press can all help, especially with concerns over student loan debt and job prospects.

In the report, the task force pointed out through the second half of the 20th century, the legal profession increasingly tried to assign more responsibility to law schools to teach the practical and business aspects along with legal theory and case law. This, the task force argued, has raised the costs and increased tuition.

To help alleviate the financial pressures, the task force said the practicing bar, business organizations and other groups could use their resources to contribute to the education of law students and new lawyers.

The ABA formed the task force about a year ago in response to the changes in the economy and in law firms that were negatively impacting law school graduates. Shepard was appointed chair of the task force. Former Valparaiso University Law School Dean Jay Conison was also named to the committee.

The task force will be issuing a final draft by mid-September and inviting comments and critiques. The final report will be published in November.

Shepard said he was encouraged by the spirit of the task force and the willingness of the members to listen to people. And he hopes the committee’s final report will bring about positive changes in legal education like the McCrate and Carnegie reports did.•

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  1. This law is troubling in two respects: First, why wasn't the law reviewed "with the intention of getting all the facts surrounding the legislation and its actual impact on the marketplace" BEFORE it was passed and signed? Seems a bit backwards to me (even acknowledging that this is the Indiana state legislature we're talking about. Second, what is it with the laws in this state that seem to create artificial monopolies in various industries? Besides this one, the other law that comes to mind is the legislation that governed the granting of licenses to firms that wanted to set up craft distilleries. The licensing was limited to only those entities that were already in the craft beer brewing business. Republicans in this state talk a big game when it comes to being "business friendly". They're friendly alright . . . to certain businesses.

  2. Gretchen, Asia, Roberto, Tonia, Shannon, Cheri, Nicholas, Sondra, Carey, Laura ... my heart breaks for you, reaching out in a forum in which you are ignored by a professional suffering through both compassion fatigue and the love of filthy lucre. Most if not all of you seek a warm blooded Hoosier attorney unafraid to take on the government and plead that government officials have acted unconstitutionally to try to save a family and/or rescue children in need and/or press individual rights against the Leviathan state. I know an attorney from Kansas who has taken such cases across the country, arguing before half of the federal courts of appeal and presenting cases to the US S.Ct. numerous times seeking cert. Unfortunately, due to his zeal for the constitutional rights of peasants and willingness to confront powerful government bureaucrats seemingly violating the same ... he was denied character and fitness certification to join the Indiana bar, even after he was cleared to sit for, and passed, both the bar exam and ethics exam. And was even admitted to the Indiana federal bar! NOW KNOW THIS .... you will face headwinds and difficulties in locating a zealously motivated Hoosier attorney to face off against powerful government agents who violate the constitution, for those who do so tend to end up as marginalized as Paul Odgen, who was driven from the profession. So beware, many are mere expensive lapdogs, the kind of breed who will gladly take a large retainer, but then fail to press against the status quo and powers that be when told to heel to. It is a common belief among some in Indiana that those attorneys who truly fight the power and rigorously confront corruption often end up, actually or metaphorically, in real life or at least as to their careers, as dead as the late, great Gary Welch. All of that said, I wish you the very best in finding a Hoosier attorney with a fighting spirit to press your rights as far as you can, for you do have rights against government actors, no matter what said actors may tell you otherwise. Attorneys outside the elitist camp are often better fighters that those owing the powers that be for their salaries, corner offices and end of year bonuses. So do not be afraid to retain a green horn or unconnected lawyer, many of them are fine men and woman who are yet untainted by the "unique" Hoosier system.

  3. I am not the John below. He is a journalist and talk show host who knows me through my years working in Kansas government. I did no ask John to post the note below ...

  4. "...not those committed in the heat of an argument." If I ever see a man physically abusing a woman or a child and I'm close enough to intercede I will not ask him why he is abusing her/him. I will give him a split second to cease his attack and put his hands in the air while I call the police. If he continues, I will still call the police but to report, "Man down with a gunshot wound,"instead.

  5. And so the therapeutic state is weaonized. How soon until those with ideologies opposing the elite are disarmed in the name of mental health? If it can start anywhere it can start in the hoosiers' slavishly politically correct capital city.

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