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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. YES I WENT THROUGH THIS BEFORE IN A DIFFERENT SITUATION WITH MY YOUNGEST SON PEOPLE NEED TO LEAVE US ALONE WITH DCS IF WE ARE NOT HURTING OR NEGLECT OUR CHILDREN WHY ARE THEY EVEN CALLED OUT AND THE PEOPLE MAKING FALSE REPORTS NEED TO GO TO JAIL AND HAVE A CLASS D FELONY ON THERE RECORD TO SEE HOW IT FEELS. I WENT THREW ALOT WHEN HE WAS TAKEN WHAT ELSE DOES THESE SCHOOL WANT ME TO SERVE 25 YEARS TO LIFE ON LIES THERE TELLING OR EVEN LE SAME THING LIED TO THE COUNTY PROSECUTOR JUST SO I WOULD GET ARRESTED AND GET TIME HE THOUGHT AND IT TURNED OUT I DID WHAT I HAD TO DO NOT PROUD OF WHAT HAPPEN AND SHOULD KNOW ABOUT SEEKING MEDICAL ATTENTION FOR MY CHILD I AM DISABLED AND SICK OF GETTING TREATED BADLY HOW WOULD THEY LIKE IT IF I CALLED APS ON THEM FOR A CHANGE THEN THEY CAN COME AND ARREST THEM RIGHT OUT OF THE SCHOOL. NOW WE ARE HOMELESS AND THE CHILDREN ARE STAYING WITH A RELATIVE AND GUARDIAN AND THE SCHOOL WON'T LET THEM GO TO SCHOOL THERE BUT WANT THEM TO GO TO SCHOOL WHERE BULLYING IS ALLOWED REAL SMART THINKING ON A SCHOOL STAFF.

  2. Family court judges never fail to surprise me with their irrational thinking. First of all any man who abuses his wife is not fit to be a parent. A man who can't control his anger should not be allowed around his child unsupervised period. Just because he's never been convicted of abusing his child doesn't mean he won't and maybe he hasn't but a man that has such poor judgement and control is not fit to parent without oversight - only a moron would think otherwise. Secondly, why should the mother have to pay? He's the one who made the poor decisions to abuse and he should be the one to pay the price - monetarily and otherwise. Yes it's sad that the little girl may be deprived of her father, but really what kind of father is he - the one that abuses her mother the one that can't even step up and do what's necessary on his own instead the abused mother is to pay for him???? What is this Judge thinking? Another example of how this world rewards bad behavior and punishes those who do right. Way to go Judge - NOT.

  3. Right on. Legalize it. We can take billions away from the drug cartels and help reduce violence in central America and more unwanted illegal immigration all in one fell swoop. cut taxes on the savings from needless incarcerations. On and stop eroding our fourth amendment freedom or whatever's left of it.

  4. "...a switch from crop production to hog production "does not constitute a significant change."??? REALLY?!?! Any judge that cannot see a significant difference between a plant and an animal needs to find another line of work.

  5. Why do so many lawyers get away with lying in court, Jamie Yoak?

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