The Volokh Conspiracy

Northwestern to Offer Two-year, Five-semester, Law Degree:

(Sketchy) details here. Northwestern will also require all students to take two new course, one in "analytic skills" (finance, statistics, accounting, etc.), and one in "legal services behavior."

Weary of the system:
This may be novel, but it's about time that people started thinking outside the box on legal education. As it is, students spend about two years in class anyway and a third on the golf course or in the career hunt. Most legal education is a waste anyway and new graduates know nothing about the actual practice of law. (But, boy, do they know the 17th century jurisprudence of no state in particular.). Whatever the case, Supreme Courts and bar examiners are now requiring "bridge the gap" style programs to make up for the deficit. If I spent three years and way too much money to go to law school, there should be no gap to bridge. Unfortunately, the schools, the prep courses, and the governing authorities have created too much of a cottage industry for it to ever change. Alas.
6.20.2008 6:33am
anwalt fuer arbeitsrecht (mail) (www):
Great article ! I really enjoy reading your post.
6.20.2008 7:04am
alkali (mail):
Note they require two years of post-undergraduate full time work for admission to the program, which I think is an excellent idea.
6.20.2008 7:18am
ERH:
I think Dayton offers a program like this.
6.20.2008 7:45am
Horatio (mail):
In the mid 70s I was a paralegal at a small but high powered law firm in NYC. We had one primary client - Summa Corporation - Howard Hughes' holding company. The two senior partners were as different as night and day - Chester Davis was considered the toughest SOB trial attorney in NY, and Maxwell Cox (Archibald's brother) was thought of as a brief-writing genius

Within a year I knew the workings of the NY State &Federal court systems at all levels - trial court and appellate divisions. I was also accomplished in the law library and performing legal research. In short I knew more about the practice of law than the new associates and law students who worked there.

At the time NY State, like some others, let prospective lawyers "read" for the Bar - apprentice in a firm under the direction of a partner, and attend one year of law school if I recall correctly. I inquired if the firm would consider doing this with me. They said no, in part because I was a little wild and cavalier about my outlook on life. But I think the real reason was that the attorneys were wedded on the notion that if law school was good enough for them, it was good enough for anyone they might hire.

Had they agreed, today I'd be an attorney. As such my life has taken a different path. But it strikes me that this approach to legal education is more comprehensive, practical, and of greater value to a firm and it's clients than the traditional method of three years of schooling.

Oh, and for what it's worth, I wrote a brief that was submitted to the 2nd Circuit Court of Appeals that was largely unmodified by the partner who gave me the assignment except for phrasing and grammar. We won the case on appeal. Big ego boost for a 23 yr old.
6.20.2008 8:13am
Kevin!:
But will they spend two weeks on the common law rule of perpetuities?
6.20.2008 8:26am
Jack M. (mail):
The fact that Jerry Springer U. proposed this means its quite obviously worthless.
6.20.2008 9:26am
MarkField (mail):

But will they spend two weeks on the common law rule of perpetuities?


Speaking as someone who won a significant case by spotting a rule against perpetuities issue, I hope they spend at least some time on it.
6.20.2008 10:01am
Brian G (mail) (www):
I think this is a great idea. I finished up in 2 1/2 years and would have done 2 if I didn't have to wait 9 months to take the bar exam.

3 years is too long.
6.20.2008 10:18am
NU-Grad:
This would make more sense if we had a split bar between solicitors and barristers. Maybe the two-year program will be fine for some transactional guys. But if I'm involved in litigation, I'll want a guy who went to school for all three-years and studied the nuances of jurisdiction, conflicts of law, admin law, etc. I can have my accountant do my accounting. I'll want my lawyer to do my civil procedure.

I also don't understand the thought process behind first cutting a three-year curriculum into two-years, and then adding in non-traditional law classes (presumably at the expense of classes like evidence or federal courts).
6.20.2008 10:22am
ERH:

I think this is a great idea. I finished up in 2 1/2 years and would have done 2 if I didn't have to wait 9 months to take the bar exam.

3 years is too long.


Try being a 4 year PT program.
6.20.2008 10:33am
theobromophile (www):
Brilliant idea.

Ya know, I've never heard engineers say, "Senior year engineering classes are really redundant." Nor have I heard my med student friends say that the third and fourth years of med school ought to be condensed into one year.

It is thoroughly unnerving to graduate from law school and have no idea how to be a lawyer. It is also annoying to take classes during 3L year that seem to be redundant - more of the same from the first two years. My third year, I took a combination of writing courses, bar courses (corporations, evidence, etc), and those that mesh well with my engineering background (energy law). I also returned to my 3L year after having spent a year working in the legal field (first for a small business, then for a litigation firm), but still found the entire experience to be lacking.

Now, for the old folks around here... let's not forget the cost of the third year. By itself, it is approaching $70,000 at many schools - enough for a down payment on a house, before you pay interest on the loan. The question is not whether the third year teaches something worthwhile - it would be difficult to design an educational system with no worth - but whether it is worth the extra time and expense.
6.20.2008 10:47am
theobromophile (www):
I should amend the first sentence of the second paragraph to indicate that I no longer feel that way - but that is entirely due to my work experience after 2L year, and has little to do with anything I picked up during law school.
6.20.2008 10:48am
byomtov (mail):
Northwestern will also require all students to take two new course, one in "analytic skills" (finance, statistics, accounting, etc.)

Great idea, but I'd make it more than one course in "analytic skills." The absence of this subject matter from law school curricula is amazing.
6.20.2008 10:55am
Cityduck (mail):
Contrary to the poster above, I really don't think law school is good litigation training. Law schools mainly teach the FRCP, which doesn't help, for example, someone who is going to be practicing in California state courts. Further, law schools necessarily focus on broad and basic concepts, but we're all specialists now. The litigation skills needed to defend, for example, asbestos litigation is light years different than the skills needed to defend an employment claim, a securities class action, or a legal malpractice case.
6.20.2008 12:02pm
NYU JD:
My 3rd year was actually fairly useful, but only because half of my 3rd year credits were an employment litigation clinic, where we did a little bit of every aspect of litigation through a simulated case while doing the real thing in cases when appropriate time came up. In the real case, I got to represent a client at a settlement conference in federal court (and won a great settlement for the client), drafted a motion to compel that was filed in state court, and would have argued the motion to compel if the other side didn't produce the documents immediately after filing. I never took evidence in a lecture class, but thanks to the clinic, it's proving to be my best subject on the bar.

I wouldn't drop the 3rd year of law school necessarily, but I would require some meaningful clinical education during the 3rd year. NYU doesn't require it, but they strongly encourage it, and I think it's a good idea. For upcoming law students, I'd say to think of your 3rd year as a good, low-pressure opportunity to actually try out the aspects of legal practice you want to be doing once you get past the first few years of document review. Specialist courses, meaningful seminars, and clinics are the best bet.
6.20.2008 12:02pm
Shelby (mail):
I second NYU JD. Schools should line up and support clinical programs in a variety of settings during the 3rd year, but limit their time commitment so that students can take one or two specialty courses each semester of that year. Externing in federal court my 3rd year was very productive, and gave me a better grounding in "real law" than did my summer associate job.
6.20.2008 12:13pm
Matthew Friendly (mail):
Thank goodness. The third year of law school is a waste, and is intended really just to generate more money for the law schools.
6.20.2008 12:33pm
Pliny, the Elder (mail):
I think that Indiana University has had a similar program for decades
6.20.2008 12:45pm
Thoughtful (mail):
Northwestern to Offer Two-year, Five-semester, Law Degree

Still doesn't beat that offer I saw on the back of a cereal box...
6.20.2008 12:53pm
ChillableHours (mail) (www):
But what about the fun, debauchery and general ability to do what you really enjoy for a year before you join the "real world" that usually accompanies your 3L year?

We vote to keep the third year as discussed here.
6.20.2008 12:56pm
Dave N (mail):
I agree wholeheartedly with NYU JD and Shelby. In my third year of law school I participated in a Criminal Clinic with the Salt Lake County District Attorney's office (long enough ago that it was before Utah added the word "District"). The attitude then was that with a few exceptions, misdemeanors were cases that could get screwed up by a law student with no harm/no foul.

As a result, I prosecuted dozens of cases and actually had two jury trials under my belt before graduation.

One third year activity that could be added would be an actual bar review class. I realize that this would cut into Bar/Bri's bottom line but might help students synthesize practice with theory before the graduate.
6.20.2008 1:19pm
Rhode Island Lawyer:
About the only thing that most new lawyers can handle competently is appellate work. Most everything else involves a steep learning curve.
6.20.2008 1:22pm
Bruce Hayden (mail) (www):
One problem I see is that the journeyman degree in this field is the JD, which is a professional doctorate degree. A two or two and a half year program would likely only warrant a master's degree in many schools. It is that third year that distinguishes the program from a master's program and justifies the doctorate degree.

I actually found my third year more useful than my second year. I hoped to practice in computer law or something similar, and so took IP, patent, anti-trust, etc. classes. I ended up as a patent attorney, and use what I learned that year far more than anything I learned my first two years.
6.20.2008 1:44pm
12345:
I'm fairly certain that the people who do the 2-year law degree aren't going to be as marketable as the students who go all 3 years, even if they are actually just as qualified. Given the age of most attorneys and their resistance to change, I'd suspect that graduates of this program will be viewed with suspicion for quite a while, not unlike how students of evening law programs are sometime considered second tier. Simply because of that I wouldn't sign up for the program, even though I fundamentally think it's a terrific idea.

Perhaps law school tuition should be tiered based on the amount of education one really receives - 1L is the most expensive and 3L year is least expensive. Effectively, the people who drop out after 1L would be subsidizing those who made it through, which isn't necessarily a bad idea.
6.20.2008 1:45pm
Doug Lederman (mail) (www):
Far less sketchy information here, at Inside Higher Ed:
http://insidehighered.com/news/2008/06/20/northwestern
6.20.2008 3:00pm
wfjag:

But if I'm involved in litigation, I'll want a guy who went to school for all three-years and studied the nuances of jurisdiction, conflicts of law, admin law, etc. I can have my accountant do my accounting.


I strongly agree with NU-Grad on this. When your client (&you) are about to get hammered in litigation, remembering some of those esoteric doctrines may be necessary for the type of first class representation that separates litigators from scriveners. Sometimes what appear to be over-the-top ideas win "sure loser" cases.

Along these lines, note "Blackwater Hides Under Burqa" by Sharon Weinberger (June 19, 2008) at http://blog.wired.com/defense/2008/06/blackwater-hide.html


Everybody's favorite private security outfit has come up with a novel argument for how the U.S. courts should deal with a lawsuit over soldiers killed in the company's X-Wing fighter. Blackwater says the courts should use Shari'a law, because the crash occurred in Afghanistan.


Sharia law as a defense in a wrongful death suit? Seems pretty over-the-top until you understand that under Sharia law a company cannot be held liable for the negligence of its employees and then start analyzing the applicable state's conflicts of laws doctrine.
6.20.2008 4:02pm
U.Va. 3L:
The fact that Jerry Springer U. proposed this means its quite obviously worthless.

Have you actually read Springer's address? I thought it was quite good. I'd much rather have had a fine speech like that at my commencement that PGA Commissioner Tim Finchem going on about stupid, pointless golf stories from his career, which was U.Va.'s choice this year.
6.20.2008 4:54pm
Dennis Nicholls (mail):

But will they spend two weeks on the common law rule of perpetuities?


IIRC the California Supreme Court ruled that not understanding the RAP did not per se support a claim of legal malpractice, since lawyers in general never really got the hang of the RAP.

Not that long ago lawyers got an LLB degree, which basically was a 2 year postgrad degree. Some of the older attorneys at the firms I worked at had one. What's really wrong with going back to the LLB level of education for lawyers?
6.20.2008 10:10pm
Hoosier:
Why not offer a 3-3 option? Students can come to law school after three undergrad years. Perhaps receive the LLB after 1L. If my students are any indication—and I suspect they are, since almost 40% of our history majors apply to law school—senior year is spent avoiding classes that meet before lunch or on Fridays, and drinking. For the kiddos to spend that time as a 1L might "build character." And it would certainly annoy me less.

I think it's cute to begin with that the undergrad law degree is a "doctorate." So I can't see any problem with shortening the time-till-graduation: It isn't *really* a doctoral degree anyway. So who cares? But what's the reason for cutting out a year of a professional degree program instead of the final year of an undergrad program if you are looking to shorten the time and money spent getting ready for the bar exam? As devoted to the liberal arts as I am, it doesn't seem to make sense in a large number of cases. (Excluding such cases, of course, as students who want to do the CPA/JD route, and who thus need all those accounting courses. And a life.)
6.21.2008 8:02am
Whatever you want it to be:
Just to be clear for those who didn't read the linked article: The two-year program will require the same number of credits. You'll just take more credits per semester.

Iowa used to have something like this--you started in May instead of August and finished in two years--but they got rid of it recently. It was designed for non-traditional students, but eventually developed into a way for people who couldn't get in through normal channels to still get an Iowa degree (sort of like Georgetown's night program).
6.21.2008 8:36am
Just Dropping By (mail):
Further, law schools necessarily focus on broad and basic concepts, but we're all specialists now. The litigation skills needed to defend, for example, asbestos litigation is light years different than the skills needed to defend an employment claim, a securities class action, or a legal malpractice case.

As someone who has, within the last five years, defended and prosecuted employment claims, defended a securities class action, and defended and prosecuted legal malpractice cases, I'm not sure that's completely correct. While different fields of litigation are undoubtedly becoming more specialized, a lot of mid-sized firms have just a couple partners who specialize in a particular field and associates are expected to be flexible about the types of cases they work on.
6.21.2008 9:28am
wfjag:

Why not offer a 3-3 option?


I believe that Baylor and LSU offered that at one time. I don't know it they still do.
6.21.2008 8:13pm
G'town 07:
"It was designed for non-traditional students, but eventually developed into a way for people who couldn't get in through normal channels ...sort of like Georgetown's night program"

As someone who recently graduated from Georgetown's night program, I really must take exception with the concept that it is somehow less than the day program. My LSATs and CV were enough to get me into any school in the country. So why G'town?
1. My employer (an IP firm) offered to pay for me to go to school part time and, with a wife and children, I couldnt really afford to live on loans
2. G'town was the best school offering a night program.
3. The class was full of interesting people with diverse backgrounds: lots of PhD's, military folks, a veterinarian, people working on the Hill, in Federal Agencies, or for think tanks and charities. The number of people who were there only because they could not have gotten into the day program was quite small, it would seem.
4. Classes with the day students were, by contrast, rather dull and uninspired, and devoid of any concept about how the real world or real lawyers functioned.
6.22.2008 11:35am