When in School, Be a Student

There is a lot of discussion within the legal community about how law schools can (or should) prepare students for the business of practicing law.  It is common to hear complaints about how young graduates do not understand how to run a practice, and that the law school faculty and administrators should better prepare them for the real world.  I respectfully disagree.

There are so few times in our lives when we can truly immerse ourselves in the science of our profession.  The years in law school expose us to intellectual experiences that may never be found in a private practice.  The law school faculty is best equipped to challenge the law student’s mind in the most thought-provoking and critical ways.  In law school, we learn how to write clearly, concisely, and persuasively.  Law schools offer opportunities to study and understand fundamental legal rights that serve as the foundation for most legal disputes that arise within the practice.  Learning about and discussing, in a critical and theoretical manner, constitutional rights or contract rights or procedural options instills a preliminary basis for everything we do as lawyers.

The best way to run a well-respected law practice is to demonstrate strong skills as a lawyer.  You can’t do that unless you have obtained a good education – one that offers the type of critical legal analysis and knowledge that is acquired in school.

Don’t get me wrong.  There are many pieces that need to fit together properly to run a successful law practice.  I submit that a solid legal education is the first and arguably largest piece in the cog.  A commitment to an ethical method of practice with a high level of integrity will naturally lead to the acquisition of the other pieces necessary to operate the machine we call a law practice.

Continue ReadingWhen in School, Be a Student

Graduation: A Time for New Beginnings

We have a number of graduations to celebrate in our family this month, and there is a lot of excitement about the future. The buzz surrounding the start of a new and exciting chapter in the graduate’s life causes me to ask: Why don’t we join them and embrace the new and exciting things that could occur in our lives? I’m not talking about the concrete changes that we will see our graduates make — going off to a new school or starting a new job. I’m talking about creating our own changes to pave the way for a better professional future.

It’s not a bad idea to reflect upon our work as lawyers with an eye toward positive change. That change may be in the way we relate to our co-workers. That change may be in a new commitment to volunteer in the legal community. That change may be a commitment to incorporate a greater level of organization into our practice. That change may be a new routine to stay informed about recent developments in the law. That change may be taking time to become a better listener. That change may be setting aside time to appreciate how rewarding and stimulating our work is. It doesn’t really matter what the change is. The important thing is that we take this opportunity to reassess how we, like new graduates, can take affirmative action that will provide us with a new and fulfilling future.

I recently read a great quote from Mark Twain: “Twenty years from now you will be more disappointed by the things you didn’t do than the ones you did.”  This is the type of statement hundreds of graduates will hear over the next few weeks. It’s time for all of us, new graduates and seasoned practitioners, to embrace this time of new beginnings.

Continue ReadingGraduation: A Time for New Beginnings

Merit Scholarships and Training for Hierarchy

When the Critical Legal Studies movement was still vibrant during the 1980s, Harvard Law Professor Duncan Kennedy frequently argued that, beyond exploring the cases and rules, legal education offered training in hierarchy.  Students (and many professors as well) came to appreciate the steps on our social ladders and how to climb or, at least, remain balanced on those steps.  Recent developments involving law schools’ use of merit scholarships with stipulations (“stips,” as some students call them) teach lessons in hierarchy in ways Kennedy never imagined.

The New York Times reported on May 1, 2011, that 80 percent of law schools are now awarding merit scholarships with stipulations and that these scholarships are gradually replacing conventional need-based scholarships.  The University of Florida Law School, for example, requires students to maintain a 3.2 grade-point average to keep their merit scholarships, as does Wayne State University Law School.  At Chicago-Kent Law School, merit scholarship recipients have a choice: They can receive $9000 annually for three years with no stipulations or $15,000 annually if they maintain a 3.25 or higher.  Ninety percent opt for the latter, perhaps unaware that most students earn nothing near a 3.25.

Continue ReadingMerit Scholarships and Training for Hierarchy