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!
Trial Over Law School’s Job Statistics Symbolizes an Industry Gone Wrong
March 14th, 2016 / By Kyle McEntee
Originally published online and in print in the National Law Journal.
In May 2011, Anna Alaburda filed a lawsuit against Thomas Jefferson School of Law alleging that the school in San Diego lured students with deceptive and fraudulent employment statistics in violation of California consumer protection laws. With the trial starting last week, Alaburda’s case highlights how far the law school transparency movement has come in reforming U.S. legal education.
Outsourcing, automation and a thriving legal tech industry have fundamentally changed the legal profession. Law firms large and small closed or laid off huge swaths of attorneys in the wake of the Great Recession. Even recently, in February, Milwaukee’s largest minority-owned firm, Gonzalez Saggio & Harlan, abruptly discontinued its business, laying-off more than 100 attorneys and 200 staffers. Many remaining jobs on the legal market are temporary or paying low wages.
But Alaburda’s claims about an unknown glut of law school graduates predate the financial crisis. After graduating from New York University in 2002 and working for several years, she started law school in 2005. Her lawsuit reflects several decades of unethical marketing from law schools of all types.
When Alaburda applied, Thomas Jefferson and the American Bar Association reported a graduate employment rate north of 80 percent. In court documents, she alleges that she relied on reports about Thomas Jefferson’s success in deciding to enroll.
To say she should have known better is to miss the cultural context in which she made her decision. Until only recently, “education debt is not bad debt” dominated career advice that college provides a positive return on investment. Law school especially has been portrayed as a ticket to financial security or even wealth. Students are told to and, indeed, want to trust the institutions they’re seeking to attend for higher education. To mistrust schools, your advisers and common wisdom required a divergent leap of faith.
Alaburda decided to attend law school before The New York Times, Wall Street Journal, National Public Radio, The Washington Post and hundreds of other publications covered misleading employment statistics. Coverage of law school deception started in earnest in April 2010 in this very publication — nearly five years after Alaburda started law school. That fall, after decades of conditioning, law school enrollment peaked while thousands of recent and not-so-recent graduates began to realize they were not alone in feeling duped. Against an overwhelmingly positive cultural backdrop, they misplaced their trust.
(more…)
» Read the full text for Trial Over Law School’s Job Statistics Symbolizes an Industry Gone Wrong
Improving Bar Passage
March 13th, 2016 / By Deborah J. Merritt
Scott Johns, Professor of Practice and Director of the Bar Success Program at the University of Denver Sturm College of Law, has posted a thoughtful empirical analysis of the college’s bar preparation program. Johns analyzed 642 students who graduated from the college in 2008–2010 and then immediately sat for the Colorado bar exam. He knew the exam score for each graduate, rather than simply pass-fail status, which allowed for a particularly nuanced analysis. Using multiple linear regression, Johns found the following associations with bar exam score:
- Law school GPA showed the strongest association. An increase of one point in GPA was associated, on average, with an increase of 46.5 points in bar exam score.
- LSAT score was the next strongest predictor. A one-point increase on the LSAT correlated with a 1.1 point increase in bar exam score.
- Participation in two of the college’s bar success programs each correlated with higher bar exam scores. A third program did not show a significant correlation.
- Neither sex nor minority status correlated significantly with bar exam scores.
- Age correlated negatively with bar exam scores; on average, older students achieved lower scores.
- Participation in the college’s part-time program likewise correlated significantly with lower bar exam scores.
All of these associations occurred while controlling for the other variables listed above. Participation in one of the successful bar preparation programs, for example, was significantly correlated with a higher bar exam score after controlling for LSAT, law school grades, sex, minority status, and other factors listed above.
The U.S. News Rankings Are Horrible. Stop Paying Attention.
March 11th, 2016 / By Kyle McEntee
Note: A version of this piece was published last year on Law.com, but the U.S. News rankings remain as toxic of an influence as ever. This years version was published on Above the Law.
Next week, the law school world will overreact to slightly-shuffled U.S. News rankings. Proud alumni and worried students will voice concerns. Provosts will threaten jobs. Prospective students will confuse the annual shuffle with genuine reputational change.
Law school administrators will react predictably. They’ll articulate methodological flaws and lament negative externalities, but will nevertheless commit to the rankings game through their statements and actions. Assuring stakeholders bearing pitchforks has become part of the job description. (more…)
» Read the full text for The U.S. News Rankings Are Horrible. Stop Paying Attention.
Race, Debt, and Opportunity
March 10th, 2016 / By Deborah J. Merritt
Education opens doors. In law schools, we have tried for decades to open one particular door: the one that welcomes more minority graduates into the profession. In some ways, we have succeeded admirably. The percentage of minority law graduates almost tripled between 1983 and 2012, from 8.6% to 24.2%. The absolute number of those graduates rose almost four-fold during the same years, from 3,169 per year to 11,951 annually.
Today, all of us can name successful minority lawyers, judges, and law professors–as well as minority business people, nonprofit directors, and policymakers with law degrees. Legal education can even point with pride to the first African American President of the United States.
Just as the doors started to open, however, new obstacles emerged. Research shows that minority students earn lower law school grades than white students–even after controlling for entering credentials. We have also dramatically raised the cost of legal education as our student bodies diversified. And, perhaps most disturbing, we now know that these high costs fall disproportionately on Black and Latino/a students. New data from the Law School Survey of Student Engagement (LSSSE) show that these students assume substantially more law school debt than their white and Asian American classmates. That debt gap is new–and growing.
ABA Poised To Tighten Accreditation
March 8th, 2016 / By Kyle McEntee
Originally published on Above the Law.
In the face of financial pressure from rapidly falling enrollment, law schools have made ethically questionable admissions and student retention decisions. Bar exam pass rates have suffered already; MBE scores are at their lowest point since 1988. With an enormous drop in admissions standards between 2012 and 2013, as well as in the two subsequent years, bar pass rates for the next three years will be even worse.
The current ABA accreditation standards can theoretically hold dozens of schools accountable through the bar passage standard (Standard 316) and the non-exploitation standard (Standard 501). But the bar passage standard, with its six loopholes, is almost impossible to fail. Meanwhile, the ABA Section of Legal Education is paralyzed without an enforceable line between “capable” and “not capable” — the relevant distinction under the non-exploitation standard.
To the Section’s credit, the organization has responded well to criticism — publicly and privately. At the first meeting after my organization asked the Section’s Council to address trends in law school admissions and retention policies, the Council asked a committee to propose changes to the law school accreditation standards. The Standards Review Committee (SRC) has since made three key recommendations:
1) The SRC submitted a new cumulative bar passage standard to the Council. Under the proposal, at least 75% of all graduates that take a bar exam must pass it within two years. This eliminates the six loopholes.
2) The SRC submitted a new interpretation to the non-exploitation standard to the Council. Under the proposal, there would be a rebuttable presumption that a school that experiences a certain percentage of non-transfer attrition has made exploitative admissions choices.
3) The SRC declined to submit new bar passage outcome transparency measures to the Council. Instead, the SRC advised the Council that it already has the authority to issue new transparency requirements under Standard 509. As I wrote previously, I agree and the Council should publish new information as soon as possible.
The Council will consider these proposals at its Friday meeting in Arizona. If satisfied with the first two proposals, the Council will send them out for a few months of notice and comment. If satisfied with the SRC’s analysis of the Council’s existing authority under Standard 509, the Council can immediately take the necessary steps to authorize new disclosures.
Changes to Standard 316 and Standard 501 will see significant pushback. While greater transparency may help some students make better choices, the other two proposals provide objective tools to stop law schools from exploiting students. The combination poses a significant financial threat to any school choosing money over ethics to survive. Unless the admissions climate drastically and rapidly changes, these new standards will cause exploitative schools to shrink further, merge, or shut down.
One argument against both standards is the limit on opportunity. Schools can take fewer chances on students who do not fit traditional profiles if bar passage rates and degree completion must be more seriously considered during admissions and retention decisions. Before the enrollment crash that began in 2011, however, schools were able to fulfill these lofty ideals without preying upon students with low expectations of completing law school or passing the bar. The “opportunity” offered to students with low predictors of academic success is failing the bar exam up to four times, accumulating six figures of debt, and never obtaining a law job. This is an opportunity for schools to bring in cash from federal student loans, not to increase opportunities for students.
Educational opportunity is too important to let opportunists capture the term. Reclaiming the term from reckless schools concerned primarily with survival is essential for an accreditation process that’s supposed to protect the public, not the law schools. If a school cannot muster a 75% bar passage rate after its graduates have had the opportunity to take the bar exam four times, the school does not deserve accreditation. If a school must rely on failing significant portions of the class to ensure compliant bar passage rates, the school does not deserve accreditation.
When a school cannot figure out how to maintain accreditation under such reasonable rules, it should close. Let the void be filled by the schools that can responsibly grow enrollment or new schools with new economic models.
LSAT, Bar Failure, and Debt
March 6th, 2016 / By Deborah J. Merritt
Last fall, Law School Transparency (LST) released a detailed study of declining LSAT scores among entering law students. Drawing upon data from several sources, the report warned that students with LSAT scores below 150 suffer increasing risks of failing the bar exam. For students with scores below 145, the risk is extreme. One school, for example, reported that only 16% of graduates in that category passed the bar on their first attempt. The eventual pass rate for those students was just 36%.
LST also offered evidence that these high-risk students are paying more for their legal education than students with a better chance of becoming lawyers. Schools that admit a substantial number of high-risk students offer fewer tuition discounts than other schools. Scholarships at high-risk schools are also more likely to be conditional (and forfeited) than scholarships at schools admitting lower risk students.
The highly regarded Law School Survey of Student Engagement (LSSSE) just added an alarming data point to this analysis. LSSSE reports that 52% of law students with the lowest LSAT scores (145 or less) expect to incur over $120,000 of debt for their legal education. In contrast, only 20% of students with LSATs above 155 will owe that much.
The highest risk students are assuming very heavy debt loads for their legal education. Equally disturbing, the difference between those students and their classmates has grown substantially since the great recession. In 2006, LSSSE notes, debt loads did not differ much by LSAT score. Sixteen percent of students who scored above 155 expected to owe more than $120,000 for their legal education; for students scoring at that cut-off or below, the percentage was the same.
In 2011, the gap was much wider. A third (33%) of students scoring at 155 or below anticipated law school debt over $120,000. For higher scoring students, the percentage was just 24%. This year, the gap has widened even more. Only one-fifth (20%) of higher-scoring students expect to owe over $120,000 for their legal education. Among those students, the percentage amassing high debt levels has decreased–despite rising tuition levels and modest inflation.
Students with LSAT scores of 155 or below, on the other hand, are even more likely than in the past to assume high debt levels. Thirty-seven percent of those students now anticipate owing more than $120,000 for their legal education. And, as reported above, the percentage is even higher for those with the lowest LSAT scores: More than half of students with LSAT scores below 146 will owe over $120,000 for their law school degrees. Those are the very students at very high risk of failing the bar.
LSSSE’s public report doesn’t distinguish among law schools, so we can’t tell if this disparity reflects admissions and financial aid decisions at a large number of law schools–or whether it stems from the actions of a small number of schools. LST’s report suggests that the latter is true: A few dozen law schools are admitting a substantial number of students at high risk of failing the bar. The same schools may also be responsible for the high debt load assumed by those students.
But whether it’s a few schools or most schools, this is an issue that affects all ABA-accredited law schools. We all participate in a system of accreditation that signals quality and fairness to applicants. Do we want to perpetuate a system in which an increasing number of high-risk students take on the heaviest debt loads?
Education Law (IN): Helping Schools Work With Families, Regulations, And More
February 29th, 2016 / By I Am The Law
This episode is presented by The United States Air Force Judge Advocate General’s Corp.
Many types of educational institutions exist in the United States. Schools can be public or private, and serve different age ranges and missions. Regardless, schools are highly regulated at the state and federal level and need lawyers to function.
Seamus Boyce is a 2006 graduate of the University of New Hampshire School of Law and an education attorney at a 38-person firm with offices throughout Indiana. In this episode, he tells us about routine work advising clients with one-off questions, as well as more complex work involving student services, discrimination, and legislation. He also talks to us about his ascent to partner and the choices his firms make in pursuit of client satisfaction.
This episode is hosted by Aaron Taylor, a law professor at St. Louis University. It is sponsored by Barbri, ShouldIBeALawyer.com, and Top-Law-Schools.com.
Episode Links
Lawyers and Legal Services
February 26th, 2016 / By Deborah J. Merritt
There was a time when lawyers delivered most of the nation’s legal services. That time, however, is slipping away. Businesses increasingly obtain law-related work from contract managers, compliance officers, and human resource directors. Individual clients buy homes, draft wills, file uncontested divorces, and conduct other legal business with interactive software. When those individuals visit the courthouse, they may consult a self-help kiosk rather than a lawyer.
The ABA now recognizes that these changes are altering the market for legal services. The House of Delegates recently approved Resolution 105, which establishes model regulatory objectives to guide state regulation of “non-traditional legal service providers.” The objectives are relatively hospitable to non-traditional providers. They include, for example, a focus on “delivery of affordable and accessible legal services” as well as “efficient, competent, and ethical delivery” of those services. Those objectives would support many types of service delivery by non-lawyers.
The mere passage of this resolution, moreover, sends an important signal to the legal profession: Alternative service providers are here to stay. Have law schools gotten this message? What does it mean for us?
LSAT or GRE?
February 25th, 2016 / By Deborah J. Merritt
The University of Arizona’s James E. Rogers College of Law has decided to accept GRE scores from applicants. The school will also accept LSAT scores, with applicants free to choose between the tests. (Note, though, that an applicant who takes the LSAT must submit that score; that applicant may choose only whether to submit a GRE score as well.)
Is Arizona’s move an attempt to attract more students in a weak market for legal education? Undoubtedly–the school’s press release admits as much. But that doesn’t mean that the change is bad for prospective students or legal education. Weak markets should prompt innovation. Arizona has taken a number of other steps to make legal education more accessible and attractive to students: It slashed tuition (twice) for nonresidents and created a BA program in law.
Here’s why I like Arizona’s latest innovation as much as the other two.
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