Path Cleared for Paid Externships

March 15th, 2016 / By Deborah J. Merritt

The ABA’s Council of the Section of Legal Education and Admissions to the Bar took several significant actions at its March 11–12 meeting. The first of these was approval of several changes in Standards 304 and 305, which govern experiential learning and non-classroom educational experiences. Some of the changes adjust guidelines for supervision of externships; the most controversial allows schools to award externship credit for paid positions.

I have written several times to express my support for this change. Individual schools may still choose to ban paid externships, but the path should soon be open for schools to integrate these externships within their educational programs. The ABA House of Delegates will vote on the change, probably at its August 2016 meeting, but that vote does not bind the Council. [Updated at 4:45 p.m. to correct meaning of ABA’s vote.]

The responsibility now lies with law schools to implement this change wisely. I supported the change because I hope it will help us find innovative ways to educate students more thoroughly for law practice, as well as to help employers develop lasting frameworks for education in the workplace. We won’t accomplish either of those goals unless law schools devote real resources, energy, and collaboration to working with employers on these externships.

If your law school has an innovative idea for creating paid externships–or if you’re an individual with such an idea–please send me an email (merritt.52@osu.edu). I hope to feature good ideas here and promote discussion around them. Few ideas are perfect at their inception but, through discussion and sharing, perhaps we can refine ideas that will achieve our educational goals. Consider it online workshopping of pedagogic ideas!