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Dean's Desk: Law schools can't be good, fast and cheap

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Dean Andrew KleinIt is no secret that legal education has faced criticism in recent years. In fact, a virtual cottage industry has developed around the topic. Entire websites and blogs are devoted to the theme, some specializing in cynical and sarcastic commentary.

Separating wheat from chaff in this environment is hard. Legal educators face serious issues and must deal with them head-on. But we should do so in a civil and thoughtful way, mindful of our obligation to prepare those who will steward our system of justice.

So here is a brief attempt to address the most salient criticisms that legal educators confront:

Law schools do not do enough to produce “practice-ready” lawyers. Some maintain that our curriculum fails to teach skills that new attorneys need in the real world.

Legal education is too expensive. Even at a school like mine, which has the lowest tuition price for Indiana residents, the cost of a J.D. degree is about $75,000 over three or four years.

Law schools are producing more graduates than the job market can absorb. Or perhaps more accurately, law school graduates are not finding work at a pay level sufficient to finance their debt.

Standing alone, these issues are difficult. But tackling them simultaneously poses a conundrum. The problem reminds me of an old business saying: “Good, Fast, Cheap. Pick Two.” As the saying suggests, it is nearly impossible to achieve all three at the same time. Providing a good product fast won’t be cheap. Providing a cheap product fast won’t be good. And providing a good product cheap … well, that can’t be accomplished fast.

So what do we do?

First, the issue of producing “practice-ready” lawyers is important, but hardly new. In fact, it has been a topic of heated discussion for at least a generation. I actually think law schools are doing a better job on that front than ever before. Many schools, like mine, invest heavily in legal writing programs and live-client clinics. That is definitely good. But it is not cheap. Faculty who engage in skills training work intensely and individually with students. On a per student basis, this costs far more than, say, streaming a video of a lecture and calling it education.

Understand that this is not a complaint. Investment in experiential education is critical. Developing great lawyers also requires the time, investment and passion of experienced members of the bar. One of the reasons I am excited about being dean at the Indiana University McKinney School of Law is because of our close relationship with so many outstanding lawyers in this community. Our partnership with the bar is what will lead to the success of the next generation of lawyers; it is not a magic bullet in the law school curriculum.

What about the cost of legal education? Again, we have no dearth of suggestions. Some promote two-year law degrees. Others argue that we should de-professionalize the legal academy and provide more, if not most, of our instruction through part-time faculty or distance education. Those steps would save costs, but I doubt they would lead to the development of truly good professionals, ready to represent clients on Day 1. I often ask those in practice: If we reduce the amount of legal education, are you prepared to pick up the mantle and provide even more training for new lawyers than you do now?

I believe that one of the most important steps toward addressing the cost issue is to focus on flexibility. That is another reason I am proud to lead the McKinney School of Law. We are the only school in the region that still offers a part-time evening program. Being able to work while pursuing a legal education can make school more affordable and, for many, provide excellent experiences as well. I hope members of the bar will stand up to those who say we should cut corners when preparing new lawyers. Society has too much at stake to risk being fast and cheap, without worrying about being good.

Regarding employment opportunities, the market for legal work is not the only aspect of our economy that has faced disruption since the Great Recession. But pockets of society still face unmet needs for legal services. This includes more than just people with low incomes. A recent article by a professor at Albany Law School pointed out that many in the middle class cannot afford adequate legal representation. The article asserted that opportunities do exist for creative and motivated attorneys who can find ways to deliver quality legal services to those who are underserved.

Finally – and perhaps most important – I think it’s important for all lawyers to convey pride in our profession and what it stands for. In that sense, I end my column where I started – with my view that too much of our conversation is driven by anonymous critics, sarcasm and cynicism. As an antidote, I recently read a book called “The Devil in the Grove,” by Gilbert King. It recounts the story of a young Thurgood Marshall representing four young men in Groveland, Fla., in the late 1940s. The men had been wrongly accused of a heinous crime.

One thing that struck me early in the book was a quote from Marshall’s assistant about how Marshall was received by people when he traveled to small towns during that period of time. His assistant recalled: “They came in their jalopy cars and their overalls. All they wanted to do – if they could – was just touch him, just touch him. Lawyer Marshall, as if he were a god.”

People looked up to Marshall, not just because of who he was, but because of his profession. They recognized that when injustice needed confrontation – it was the law, and by extension the lawyer, to whom they looked.

I am proud to be part of that tradition, and equally proud to be leading an institution that will train the lawyers of tomorrow.•

__________

Andrew R. Klein is the dean and the Paul E. Beam Professor of Law at the Indiana University Robert H. McKinney School of Law. The opinions expressed are those of the author.

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  1. On a related note, I offered the ICLU my cases against the BLE repeatedly, and sought their amici aid repeatedly as well. Crickets. Usually not even a response. I am guessing they do not do allegations of anti-Christian bias? No matter how glaring? I have posted on other links the amicus brief that did get filed (search this ezine, e.g., Kansas attorney), read the Thomas More Society brief to note what the ACLU ran from like vampires from garlic. An Examiner pledged to advance diversity and inclusion came right out on the record and demanded that I choose Man's law or God's law. I wonder, had I been asked to swear off Allah ... what result then, ICLU? Had I been found of bad character and fitness for advocating sexual deviance, what result then ICLU? Had I been lifetime banned for posting left of center statements denigrating the US Constitution, what result ICLU? Hey, we all know don't we? Rather Biased.

  2. It was mentioned in the article that there have been numerous CLE events to train attorneys on e-filing. I would like someone to provide a list of those events, because I have not seen any such events in east central Indiana, and since Hamilton County is one of the counties where e-filing is mandatory, one would expect some instruction in this area. Come on, people, give some instruction, not just applause!

  3. 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.

  4. 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.

  5. 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 ...

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