preLaw Magazine - Spring 2008 - (Page 10)

TREND Why legal education must change New report examines the way law schools develop legal understanding, form professional identity BY MICHELLE WEYENBERG uthors of a new study on the legal profession are urging that the legal education curriculum be revamped in order to better prepare graduates for the practice of law. Experts have long known that the education of legal professionals is a complex educational process. And making sure students are taught the right things has been a persistent challenge for legal educators. The Carnegie Foundation for the Advancement of Teaching recently examined how law schools develop legal understanding and form professional identity. A report issued by researchers, “Educating Lawyers: Preparation for the Profession of Law,” proposes a framework for legal education. That framework is designed to better integrate the analytical thinking and formal theory that the authors suggest still dominates law school curricula with more practical knowledge and greater emphasis on the values underlying the formation of professional identity. The study found that the process of teaching students to “think like lawyers” takes place in a compressed period of time, primarily through a single form of teaching: the case-dialogue method. Over two academic semesters, researchers visited 16 law schools in the United States and Canada. The schools, both public and private, were chosen to be geographically diverse, ranging from coast to coast and north to south. William Sullivan, lead author of The Carnegie Report and senior scholar at The Carnegie Foundation, said the big strengths of the report are that it really comes from a significant attempt to offer insights into legal theory and legal education. “Unfortunately, despite some very fine teaching in law schools, often they fail to complement the focus on skill in legal analyses with effective support for developing ethical and practical skills,” he said. “In particular, legal education should use more effectively the second two years 10 preLaw A of law school and more fully complement the teaching and learning of legal doctrine with the teaching and learning of practice,” the authors noted. In response, the authors call for law schools to offer an integrated, three-part curriculum: • The teaching of legal doctrine and analysis, which provides the basis for professional growth. • Introduction to the several facets of practice included under the rubric of lawyering, leading to acting with responsibility for clients. • Explorations and assumption of the identity, values and dispositions consonant with the fundamental purposes of the legal profession. “Our fundamental idea is that legal education should offer all three dimensions of all legal education,” Sullivan said. Authors found that most law schools have made some changes to their curricula, dating back to the introduction of the MacCrate Report in 1992. That study identified 10 fundamental lawyering skills and four professional values essential to lawyers and measured the efforts of law schools to promote those fundamental skills. The most promising developments of the report related to the increased reliance on computers and other technology in education, which can translate into the law firm setting to increase productivity, increase customer loyalty and support the effectiveness of professionals in their practices. But several implementation challenges arise, Sullivan said. The first would be the long-standing conservative law school curriculum. Sullivan said attention needs to be focused on statutory law and international dimensions of law. In addition, there are equally important concerns of broadening education to take in more “preparation for practice.” “We need to upgrade the teaching of professional identity and responsibility,” he said. The second area of concern is faculty development, which suggests that law schools need to think hard about recruitment and the need to find a balance between scholarship and the educational mission of the law school. This would require faculty to first communicate with and learn from each other. “The most powerful effects on student learning are likely to be felt when faculty with different strengths work in a complementary relationship,” the authors said in the report. The final concern is external constraints, including the U.S. News & World Report rankings. Sullivan said that if the rankings considered quality of teaching as a factor, it might spark a greater focus on the implementation of the Carnegie Report. But that’s easier said than done. “Amid the useful varieties of mission and emphasis among American law schools, the formation of competent and committed professionals deserves and needs to be the common, unifying purpose,” the authors said. “But integration can flourish only if law schools can consciously organize their emphasis through ongoing mutual discussion and learning.” Go to www.NJPLOnline.com to find a state-by-state guide to bar exam dates and fees, how to manage your debt, summer study and more. http://www.njplonline.com

Table of Contents Feed for the Digital Edition of preLaw Magazine - Spring 2008

preLaw Magazine - Spring 2008 Contents From the Editor For the Record Large Gender Gap Remains Among Political Hopefuls Man Charged in LSAT Scam Barry Dean Recognized New Report Examines Legal Ed Drexel Receives Accredidation New Mexico No. 1 for Hispanics A Film Journey in Law A Law Student at Last Debt Salvation Great Law Schools for Minorities Grad Opts Out of Big Firm Job Specialties Helpful Advice

preLaw Magazine - Spring 2008

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