4 Changes Law Schools Can Make to Better Prepare Students for Legal Practice
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4 Changes Law Schools Can Make to Better Prepare Students for Legal Practice
Exploring educational reforms, this incisive article delves into actionable changes law schools can implement to bridge the gap between academia and actual legal practice. With contributions from seasoned legal experts and educators, the piece offers a deep dive into enhancing foundational skills, understanding the business of law, and prioritizing essential knowledge for future lawyers. It underscores the need for law schools to adapt and evolve, ensuring that graduates are not only well-versed in theory but also equipped to excel in the dynamic landscape of legal practice.
- Reinforce Foundational Legal Skills
- Teach Business of Law
- Prioritize Bar Passage and Business Knowledge
- Enhance Mediation and ADR Programs
Reinforce Foundational Legal Skills
The question posed is what can law schools do better to train future attorneys to be better at practicing law. I would initially note that a good law school teaches students the actual fundamentals of the law. This is very important because without understanding legal fundamentals it is impossible to put together coherent arguments that will persuade judges, jurors, and other attorneys to see a situation in a way that is most suited to them, respectively.
If I had to indicate what can be done better, I think law schools should mandate that students handle cases in different disciplines so that when they leave law school they will understand how the courts work. Most new lawyers do not know how to write a motion, how to argue a motion, how to pick a jury, or how to perfect an appeal. Schools should devote one or maybe two semesters to reinforcing these foundational skills that are necessary for law students to become effective practicing attorneys.
Teach Business of Law
Law school does not teach students the business of law. Students are not taught how to run a practice, market their skills, or manage clients. Practical courses that teach students about the business of law would better prepare new lawyers for the reality of practice.
Prioritize Bar Passage and Business Knowledge
There are two equally important things that law schools need to add. First, they need to prioritize bar passage. While lower-ranked schools already do this, middling and "prestigious" law schools see themselves as teaching ways of thinking rather than specific law, and certainly state-specific law. Students need to be able to become lawyers at the end of their studies. It's essential to give students the tools they need to actually pass the bar and become lawyers.
Perhaps more importantly, law schools need to teach students the business of law. It is one of the ancient professions and somewhat removed from the realities of business, but most students are going to be sole practitioners or in small firms. Business knowledge is a must. Even at large white-shoe firms, led by graduates of top law schools, finances are often shaky, firms go under, compensation is confusing and setting it "at market" may or may not be the right choice. Law schools should offer a sequence of courses showing students the financial and business realities of private practice.
Enhance Mediation and ADR Programs
Law schools can prepare students for the reality of complex legal conflicts through enhanced mediation and alternative dispute resolution programs. Unlike adversarial court proceedings, mediation encourages collaborative problem-solving with a neutral facilitator to find mutually acceptable solutions while protecting confidential information and preserving relationships. Mediation skills are valuable even when cases go to litigation, as the core skills of mediation-active listening, emotional intelligence, strategic negotiation, and cross-cultural communication-help lawyers better evaluate cases and advise clients on litigation strategy. ADR training prepares future lawyers to identify when cases are ripe for settlement versus requiring court intervention, leading to more efficient case management and better client outcomes. These types of programs are also easy to implement. Students can gain hands-on experience with different mediation styles and techniques through role-playing exercises, simulated disputes, and actual client interactions.
