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Finding a new course for legal education

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In trying to chart the best course for law schools, it is important to realize everyone has an opinion.

The American Bar Association’s Task Force for the Future of Legal Education, led by retired Indiana Chief Justice Randall Shepard, learned just how many views and opinions there are during a recent symposium in Indianapolis.

legal ed conference 2 The American Bar Association’s Task Force on the Future of Legal Education held a daylong discussion at the Indiana University Robert H. McKinney School of Law. Retired Indiana Chief Justice Randall Shepard (standing) spoke to the group of attorneys, judges, bar association officials and professors. (Photo courtesy of David Jaynes)

A collection of academics, practicing attorneys, bar association leaders and judges gathered April 24 at the Indiana University Robert H. McKinney School of Law to give their input and advice on how law schools should address the future needs of the legal profession.

The task force is charged with examining legal education in the United States and making recommendations that will help tackle the problems of student debt and diminished employment prospects, and changes in how law is practiced.

Shepard noted the committee has accelerated its schedule and will be offering a preliminary report in late summer or early fall.

Speaking after the first session, Shepard said problems of rising debt and limited job prospects are a threat not just to schools but also to how the legal profession helps society.

“At the end of the day, this is not just the ABA’s concern; it is the concern of judges, of firms, of universities. We’ll do as much as we think is practical to do in order to help address the various elements of the current crisis,” he said.

The symposium at I.U. McKinney School of Law is anticipated to be the only one of its kind convened by the task force. In the morning session, moderator Jay Conison, former Valparaiso University School of Law dean, asked the participants for advice on what the task force should focus on and how the final report should look.

Many noted the pressures on law schools are coming from upheaval in the legal profession itself as well as the marketplace. As such, they advocated that the task force avoid one-size-fits-all regulations on law schools. Instead, the institutions should be given the freedom to craft their own solutions to the problems.

Others pointed to the reality of the market where many individuals have to represent themselves in court. Contrary to conventional wisdom about the glut of lawyers, members of the poor and middle classes are unable to afford the services of many attorneys.

William Henderson, director of the Center on the Global Legal Profession at the Indiana University Maurer School of Law, said legal education has to consider the broad changes brought by automation and globalization before developing an economic solution.

“I think just thinking about the economic solutions of legal education is going to get us into trouble because the political dimensions of what’s coming, I think when we step back and look, are going to be just staggering, and we should be focusing on that,” he said.

Shepard said the conversations about requirements being too tight on law schools and the way that legal services are adjusting to the market were among his primary takeaways from the opening session.

Also, while many in the room had plenty of criticism for law schools, he drew attention to the contribution those institutions have made.

“… the existing set of schools and those existing set of requirements do have a lot to say for them,” he said. “They have produced a practicing bar and a set of courts that is envied in much of the world, and therefore (we) have to be very thoughtful about the potential to do damage to a system which overall has proven pretty successful.”•

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  • Reconsider
    With all due respect, Rick, I think you probably would be making a mistake by going to law school. The job market for attorneys is so saturated, you may well find yourself unemployed and with a lot of debt. You mention law would be a good supplement to your skills. True. But employers unfortunately don't value that. You will find that a law degree may well pigeonhole you into an attorney slot and limit career options. If you have a good job now I would hold onto that. As an attorney, you may well end up making less with the aforementioned debt.
  • Suggestion
    For what it's worth, I'd like to share my opinion. Over the last year, I have been investigating law school options, including taking my LSATs and finishing in the top third. And those options are limited. You see, I am about as non-traditional of a student as you can get. I'm a married, father of five who is employed full time. I'm fifteen years into my career and am looking to do something that I've always wanted to do, but never did. Law also would be a good supplement to the skills I already have. I'm not looking to join a firm or to make millions. Law schools need to join the 21st century and embrace online learning. For one, it's more affordable for somebody such as myself. For another, because of the constraints of job and family, I simply don't have the time to follow a cohort and the rigidity that such a system demands. I am actively involved in regulatory compliance. I have written laws/suggested changes that have made their way into Indiana Code. As a non-lawyer, if I can accomplish this, why can't I be trusted enough to work independently at home, on my schedule to meet the requirements of a legal education? At the end of the day, whether the learning is accomplished over the internet or in a classroom, the test for admission to the bar is the same. Online law school needs to be an option in Indiana.

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  1. OK, take notice. Those wondering just how corrupt the Indiana system is can see the picture in this post. Attorney Donald James did not criticize any judges, he merely, it would seem, caused some clients to file against him and then ignored his own defense. James thus disrespected the system via ignoring all and was also ordered to reimburse the commission $525.88 for the costs of prosecuting the first case against him. Yes, nearly $526 for all the costs, the state having proved it all. Ouch, right? Now consider whistleblower and constitutionalist and citizen journalist Paul Ogden who criticized a judge, defended himself in such a professional fashion as to have half the case against him thrown out by the ISC and was then handed a career ending $10,000 bill as "half the costs" of the state crucifying him. http://www.theindianalawyer.com/ogden-quitting-law-citing-high-disciplinary-fine/PARAMS/article/35323 THE TAKEAWAY MESSAGE for any who have ears to hear ... resist Star Chamber and pay with your career ... welcome to the Indiana system of (cough) justice.

  2. GMA Ranger, I, too, was warned against posting on how the Ind govt was attempting to destroy me professionally, and visit great costs and even destitution upon my family through their processing. No doubt the discussion in Indy today is likely how to ban me from this site (I expect I soon will be), just as they have banned me from emailing them at the BLE and Office of Bar Admission and ADA coordinator -- or, if that fails, whether they can file a complaint against my Kansas or SCOTUS law license for telling just how they operate and offering all of my files over the past decade to any of good will. The elitist insiders running the Hoosier social control mechanisms realize that knowledge and a unified response will be the end of their unjust reign. They fear exposure and accountability. I was banned for life from the Indiana bar for questioning government processing, that is, for being a whistleblower. Hoosier whistleblowers suffer much. I have no doubt, Gma Ranger, of what you report. They fear us, but realize as long as they keep us in fear of them, they can control us. Kinda like the kids' show Ants. Tyrannical governments the world over are being shaken by empowered citizens. Hoosiers dealing with The Capitol are often dealing with tyranny. Time to rise up: https://www.theguardian.com/technology/2017/jan/17/governments-struggling-to-retain-trust-of-citizens-global-survey-finds Back to the Founders! MAGA!

  3. Science is showing us the root of addiction is the lack of connection (with people). Criminalizing people who are lonely is a gross misinterpretation of what data is revealing and the approach we must take to combat mental health. Harsher crimes from drug dealers? where there is a demand there is a market, so make it legal and encourage these citizens to be functioning members of a society with competitive market opportunities. Legalize are "drugs" and quit wasting tax payer dollars on frivolous incarceration. The system is destroying lives and doing it in the name of privatized profits. To demonize loneliness and destroy lives in the land of opportunity is not freedom.

  4. Good luck, but as I have documented in three Hail Mary's to the SCOTUS, two applications (2007 & 2013),a civil rights suit and my own kicked-to-the-curb prayer for mandamus. all supported in detailed affidavits with full legal briefing (never considered), the ISC knows that the BLE operates "above the law" (i.e. unconstitutionally) and does not give a damn. In fact, that is how it was designed to control the lawyers. IU Law Prof. Patrick Baude blew the whistle while he was Ind Bar Examiner President back in 1993, even he was shut down. It is a masonic system that blackballs those whom the elite disdain. Here is the basic thrust:https://en.wikipedia.org/wiki/Blackballing When I asked why I was initially denied, the court's foremost jester wrote back that the ten examiners all voted, and I did not gain the needed votes for approval (whatever that is, probably ten) and thus I was not in .. nothing written, no explanation, just go away or appeal ... and if you appeal and disagree with their system .. proof positive you lack character and fitness. It is both arbitrary and capricious by its very design. The Hoosier legal elites are monarchical minded, and rejected me for life for ostensibly failing to sufficiently respect man's law (due to my stated regard for God's law -- which they questioned me on, after remanding me for a psych eval for holding such Higher Law beliefs) while breaking their own rules, breaking federal statutory law, and violating federal and state constitutions and ancient due process standards .. all well documented as they "processed me" over many years.... yes years ... they have few standards that they will not bulldoze to get to the end desired. And the ISC knows this, and they keep it in play. So sad, And the fed courts refuse to do anything, and so the blackballing show goes on ... it is the Indy way. My final experience here: https://www.scribd.com/document/299040062/Brown-ind-Bar-memo-Pet-cert I will open my files to anyone interested in seeing justice dawn over Indy. My cases are an open book, just ask.

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