Harvard and Milbank

The push for higher-quality.

Fuzzy Employment Statistics for Attorneys

Law schools cooking employment numbers to attract unwary law students for 40K+ per year in tuition. In other news, the sky is blue.

Informational Asymmetries, the Emperor's New Clothes and More Cries For Value

Early in 2009, we noted that the recession has exposed numerous deficiencies in the current legal education system. Accordingly, we argued for a systematic change in curriculum and focus. It appears that law students elsewhere are yearning for the same at their institutions. From The Daily Texan:

[C]riticisms [of the University of Texas Law School] are well-founded. In a survey of accredited law schools, Texas was the only school without a mandatory brief-writing course. In fact, only about half of first-year students surveyed reported being able to get into a brief-writing course. As a result, they will not be trained how to present arguments to a court — one of the most basic legal skills.

Instead of rectifying the problem by meeting national practical skills standards, UT Law instead chooses to steer law students away from taking practical courses by offering grossly grade-inflated first-year electives on such totally impractical topics as Race and Gender in the Constitution.

The first-year curve in all courses is set at 3.3; the average in these “electives” is a 3.8. A student in Race and Gender in the Constitution commented, “The class is a complete joke and a waste of time, but the professor gives almost everyone A’s.” Since law students’ employment is determined by their first-year GPA, creating such an exception to the curve is unfair to other students and misleading to employers relying on the veracity of student transcripts. . . .

So law students can game the system and come out Order of the Coif, while not knowing a single thing about the basic exceptions to the hearsay rule? I can vouch for the fact that this is an absolutely accurate characterization of the system as it is constituted both at my institution, and as the authors noted, at others.

But more pertinently, law school seems (oddly enough) to present a sort of transparent information asymmetry cogently illustrated by the student in this article: in many respects, law schools fail to meet the demands and expectations students have upon entering and that employers have when hiring. Yet, it seems like we all know a little bit of what we are getting at the outset; the sales pitch is just all too compelling. In this sense, law school is more like an experience good that shouldn't demand any sort of warranty. But the problems are still exceedingly pervasive. As the authors noted with respect to their institution:

[There is a] deeper problem at UT Law that has drawn criticism from all corners of the legal industry: Lax institutional standards have marginalized the law school’s role in society of preparing its students to be competent, ethical lawyers.

I hate to say it, but this problem is not confined to UT Law. We need major reforms soon, because permitting students to become engulfed in massive amounts of debt with little to no guidance on how to be competent lawyers will (inevitably, I think) continue to dilute the profession's quality, and worse yet, harm students' lives. Law students ought to be more vocal in their cries for change like the authors in the noted article.

Bad Year in Legal Employment

The National Law Journal issued its annual Go-To Law School List, and the results reek of the recession. Even the top schools placed little more than half of their respective graduating classes into NLJ 250 firms. The top 10 law schools this year in terms of total percentage of the class placed:

1. Northwestern -- 55.9%

2. Columbia -- 54.4%

3. Stanford -- 54.1%

4. Chicago -- 53.1%

5. Virginia -- 52.8%

6. Michigan -- 51%

7. Penn -- 50.8%

8. NYU -- 50.1%

9. Berkeley -- 50%

10. Duke -- 49.8%

Obviously, schools like Harvard (47.6%) and Yale (35.3%) had smaller numbers because graduates of those schools tend to pursue the clerkship and academia routes more heavily. Check out the full rankings.

OCI (Unsurprisingly) Bleak at Top Schools . . . Like Harvard

According to Law.com:

Think you've got it tough? You could be a student at Harvard Law School, where big firm recruitment is down 20 percent, the Harvard Crimson reports. . . . HLS administrators and experts hinted to the Crimson that the school might push back the start of its fall recruiting season. And starting this spring, HLS will host
a second recruitment period for "firms whose outlooks have changed" in anticipation of an economic recovery.

A second recruitment period at Harvard? Man, these are weird times.

Open Thread: Researching for Dummies

Okay, I admit it. I didn't go to any of the "here's how you save money when researching on the client's dime" sessions last Spring. I simply didn't have the time. And, if not for the free Westlaw/Lexis access the representatives periodically dole out to working law students, I'd probably be regretting that decision a lot.

Put simply, researching on the online databases is expensive. As a law student with free access, I've often lost sight of this and not worked to develop efficient research habits. While I'm trying my very best now (and hopefully succeeding!), I think we can all use a thread to discuss helpful research habits.

I'll start by sharing a few of my own:

1) Google first! Obviously, Google's not the ideal repository for in-depth legal research, but you can find an awful lot of good information on Google that saves you the time you need to gain a threshold understanding of an issue (i.e. figure out what it is you're researching).

2) Library second! Last summer, a partner called me into his office and gave me a lengthy research assignment that didn't seem Westlaw/Lexis-friendly. I asked him how he'd suggest I get started, and he advised me to consult the headnotes in the case reporters. At that point, I'd never actually seen one which seems crazy in retrospect. I think the accessibility of internet documents makes us averse to non-online avenues of tracking down information, but it's helpful to make full use of these resources. For one, they're free (assuming they're in the library already). More importantly, they often lead to an array of other research ideas.

3) Think first, research later! Try to figure out what you want to find before you actually sign on to find it. Whether you're using a transactional or hourly service, it can only help to have a plan so you can cut down on time thinking while "on the clock" or "in searches."

4) Relax. A friend of mine recently got a fifty-state survey assignment (those who've done these know how time-intensive they can be). When my friend explained to the assigning partner that the "research would be costly" the partner told him to "not worry about it and just get the job done." This is good advice. Ultimately, it's good to save money where possible but clients understand that good research--like anything us law students/lawyers can provide--comes at a cost. And, within bounds of reasonableness, they'll be willing (maybe even happy) to pay.

With that, I turn the floor over to our (hopefully still present) faithful.

U.Chi Grad Fudges Transcript, Faces Disbarment

A lurid tale of sex, drugs, and law (well, not so much sex and/or drugs). According to the Chicago Tribune, a former SA at, well, SA, falsified his transcripts in order to qualify for a summer position. Said associate has since hung up his legal gloves and is pursuing an MBA at UIllinois (probably studying how to become Bernie Madoff).

I think the most interesting part of this tale is not the counterfeiting and hoodwinking; rather, what does this say about legal recruiting, the quality of work at law firms, and the relative importance of grades and law schools as proxies for intelligence? I mean, here was a student who was terrible at law school; however, nowhere is it stated that the associate was fired for failing to perform satisfactorily.

Meet the Neighbors...Law Firm Edition

Neighbor complains that law firm works too hard, too late, with too much light.