Are law schools relevant to the future of law?

Paul Lippe, a well-​​known Silicon Valley GC and founder of Legal OnRamp (LOR), recently posted an essay on the Am Law Daily that essen­tially argues that law schools, at least in their present form, are not rel­e­vant to the future of law.

via Empirical Legal Studies: Law School 4.0: Are Law Schools Relevant to the Future of Law?.

As a recent law grad­u­ate, per­haps I am biased, but I per­son­ally believe that aca­d­e­mics has a great deal to offer the pro­fes­sional com­mu­nity, although the cur­rent legal edu­ca­tional method­ol­ogy could use some revi­sions. Academic legal research should sup­ple­ment pro­fes­sional law, just as aca­d­e­mic med­ical research does for the med­ical pro­fes­sion, but it should also pro­duce effec­tive and well-​​trained lawyers.

Despite my belief that I ben­e­fited from three years of law school, I still believe there is much to be improved. For example:

  • A sin­gle final at the end of a term is not the best way to mea­sure or encour­age effec­tive learning.
  • Forcing every­one to go through moot court (appel­late argu­ments) but not learn how to argue motions in front of a trial court judge misses what most trial lawyers do.
  • Similarly, teach­ing exclu­sively from appel­late courses — and barely show­ing stu­dents a sin­gle brief — misses another key part of what many lawyers do.
  • Additionally, and per­haps most impor­tantly, act­ing as if all of us will go on to be trial lawyers at large firms neglects what many of us will really be doing dur­ing our legal careers — which is in real­ity is hugely var­ied, rang­ing from gen­eral coun­sel to trial attor­ney to judge to ven­ture cap­i­tal to aca­d­e­mic researcher to, well, anything.

A pro­fes­sional school that fails to teach the pro­fes­sion — in at least a few vari­eties and forms — as it is prac­ticed today is not much of a pro­fes­sional school, how­ever effec­tively it teaches stu­dents to “think like a lawyer.”

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  1. Image credit: "Drive Thru LAWYER !" by Flickr user Brooke Novak, used under a Creative Commons Attribution 2.0 license.

About the Author

I'm a PhD student in the history of science, focusing on intellectual property and other law & technology issues. I'm also a recent law school graduate and a former developer/sysadmin at a biotech non-profit. For more about me and my work, see krisnelson.org.