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Dean's Desk: Legal education is navigating turbulent waters

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dean robertsOn April 24, the McKinney School was privileged to host a plenary session of the American Bar Association Task Force that Randy Shepard is chairing on the future of legal education. It was an eye-opening, interesting and, at the same time, unsettling day. Everyone who reads this no doubt knows that the legal profession is undergoing major change, and this is having a huge impact on legal education. The fact is that paying clients do not need as many high-priced lawyers as they used to. This has dramatically reduced the demand by firms and businesses for recent law school graduates, leaving many unemployed or underemployed while facing substantial (and nondischargeable) educational debts.

Many in the national media and blogs have seized on the tight job market and increasing student debt loads to mount a relentless campaign condemning law school as a scam and administrators and faculty as con artists, or worse, and dismissing the value of a J.D. degree. While there is no doubt that the world is changing, and that legal education must adapt, the hysterical tone of the criticism is over the top and unjustified. The J.D. degree remains the best investment anyone can make for a rewarding career and satisfying life. Nationwide, the unemployment rate for people with J.D. degrees is about 3.5 percent, far lower than almost any other educational category. The skills taught in law school (the ability to analyze, critically evaluate, effectively communicate and solve problems) are the skills necessary for success in almost every walk of life. Law school produces society’s leaders – I often remind people that among the graduates of the McKinney School are Indiana’s governor, chief justice, speaker of the House of Representatives, majority floor leader and minority leader of the Senate, one U.S. senator, and three Congresspersons – a near clean sweep of Indiana’s political leadership – along with at least 80 corporate CEOs in just this state.

Nonetheless, the virulent criticism of legal education has had an impact. Young people have heard the hysteria. There are even stories of pre-law advisers telling undergraduates not to go to law school. The result is that law school applications nationwide have plummeted. In 2010, there were 110,000 applicants to U.S. law schools and 55,000 1L students enrolled. This year, there have been less than 53,000 applicants (a decline of 52 percent in three years), and no doubt the number of 1Ls this fall will be down sharply for the third year in a row. There are some now who predict that soon, several lower-ranked law schools will go out of business.

Ironically, as there will soon be dramatically fewer new lawyers graduating, the job market for new lawyers has started a predictable uptick. How far and how fast this turnaround will occur is uncertain, but it may be that in the not-too-distant future there will actually be a shortage of new lawyers for the available jobs. But that is the future. At present, the sharp enrollment decline, which necessarily translates into sharply reduced law school revenues and looming structural budget deficits, coupled with the pressure on law schools to do more to make graduates “practice ready,” is forcing law schools to rethink their curricula, their structure and their business model.

The McKinney School is not insulated from these pressures. In fall 2011, we enrolled 312 first-year students. The 2012 1L class is 243 today. And applications are way down again this year – we estimate that the first year class in August will have roughly 200 to 220 students. We are accepting this reduction in order to maintain high admissions standards and ultimately to produce highly competent lawyers. But this leaves us with the challenge of balancing our budget while pursuing innovations that will better prepare our students to practice law. So we are reducing costs, which means a smaller faculty and staff, as well as eliminating operating expenses that are not mission-critical.

But we cannot simply cut our way to a balanced budget, so we are looking for new revenues as well. One opportunity comes from the demand we know exists for legal training for people, both in the U.S. and abroad, who intend to pursue other professions, like law enforcement, human resources administration, social work, non-profit management, etc. While people who do not intend to practice law are today less willing to invest three years of time and tuition, many will find that a one-year, 30-credit, masters degree is very attractive. The faculty has recently approved establishing a new Masters of Jurisprudence degree that we believe will both fill the need for legal training from which many non-lawyers can benefit (and thereby enhance the quality and skill level of our workforce) and help to produce new revenues for the law school.

At the same time, we are exploring new ideas. An Innovations Task Force will look at how to restructure the curriculum, particularly in the last year of law school, to prepare better students for law practice. An Online Task Force is exploring ways to integrate forms of distance learning into our teaching. And we are doing a detailed analysis of how we can enhance the quality of the student experience, better recruit more and stronger students, and increase private philanthropy from alumni and others who recognize the importance of the school to the community, state and nation.

At the end of June, I will be stepping down as dean and handing the reins to Professor Andy Klein. These last six years have been exciting, satisfying and just plain fun. I have come truly to love our students, the faculty and staff, our many loyal and generous alumni, and everyone in Indianapolis who have made my tenure as dean so wonderful. I want to thank everyone with whom I have worked and interacted for your cooperation and friendship, not the least of whom is a fellow named Robert H. McKinney. This is a special place and I hope everyone will give the same support and friendship to Dean Klein so that he can take the McKinney School to even greater heights.•

__________

Gary R. Roberts has been dean of the I.U. Robert H. McKinney School of Law since 2007. The opinions expressed are the author’s.
 

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  1. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  2. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

  3. Hi there I really need help with getting my old divorce case back into court - I am still paying support on a 24 year old who has not been in school since age 16 - now living independent. My visitation with my 14 year old has never been modified; however, when convenient for her I can have him... I am paying past balance from over due support, yet earn several thousand dollars less. I would contact my original attorney but he basically molest me multiple times in Indy when I would visit.. Todd Woodmansee - I had just came out and had know idea what to do... I have heard he no longer practices. Please help1

  4. Yes diversity is so very important. With justice Rucker off ... the court is too white. Still too male. No Hispanic justice. No LGBT justice. And there are other checkboxes missing as well. This will not do. I say hold the seat until a physically handicapped Black Lesbian of Hispanic heritage and eastern religious creed with bipolar issues can be located. Perhaps an international search, with a preference for third world candidates, is indicated. A non English speaker would surely increase our diversity quotient!!!

  5. First, I want to thank Justice Rucker for his many years of public service, not just at the appellate court level for over 25 years, but also when he served the people of Lake County as a Deputy Prosecutor, City Attorney for Gary, IN, and in private practice in a smaller, highly diverse community with a history of serious economic challenges, ethnic tensions, and recently publicized but apparently long-standing environmental health risks to some of its poorest residents. Congratulations for having the dedication & courage to practice law in areas many in our state might have considered too dangerous or too poor at different points in time. It was also courageous to step into a prominent and highly visible position of public service & respect in the early 1990's, remaining in a position that left you open to state-wide public scrutiny (without any glitches) for over 25 years. Yes, Hoosiers of all backgrounds can take pride in your many years of public service. But people of color who watched your ascent to the highest levels of state government no doubt felt even more as you transcended some real & perhaps some perceived social, economic, academic and professional barriers. You were living proof that, with hard work, dedication & a spirit of public service, a person who shared their same skin tone or came from the same county they grew up in could achieve great success. At the same time, perhaps unknowingly, you helped fellow members of the judiciary, court staff, litigants and the public better understand that differences that are only skin-deep neither define nor limit a person's character, abilities or prospects in life. You also helped others appreciate that people of different races & backgrounds can live and work together peacefully & productively for the greater good of all. Those are truths that didn't have to be written down in court opinions. Anyone paying attention could see that truth lived out every day you devoted to public service. I believe you have been a "trailblazer" in Indiana's legal community and its judiciary. I also embrace your belief that society's needs can be better served when people in positions of governmental power reflect the many complexions of the population that they serve. Whether through greater understanding across the existing racial spectrum or through the removal of some real and some perceived color-based, hope-crushing barriers to life opportunities & success, movement toward a more reflective representation of the population being governed will lead to greater and uninterrupted respect for laws designed to protect all peoples' rights to life, liberty & the pursuit of happiness. Thanks again for a job well-done & for the inevitable positive impact your service has had - and will continue to have - on countless Hoosiers of all backgrounds & colors.

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