Expert Opinions

Figuring out how to educate law students to meet the needs of modern law practice is vitally important given shrinking job markets and changing demands on lawyers. IAALS has accepted that challenge with its Educating Tomorrow’s Lawyers initiative, which focuses on preparing new lawyers for successful participation in the legal profession. Law schools have traditionally focused on applicants’ LSAT scores and grade point averages to determine admissions to law schools. This produces a student body designed to perform well on standardized tests and in college-type settings.

Over the last three years, I have had the privilege of chairing the Conference of Chief Justices’ Civil Justice Improvements Committee, whose recommendations were adopted last week by the Conference of Chief Justices and released today. The goal of this effort was to provide specific recommendations for how Chief Justices and Court Administrators in states across the country can address cost and delay in their state civil justice systems.

Our Foundations for Practice survey set out to define what new lawyers are lacking. After working with state bar organizations to distribute the survey across the country, we are sitting on more than 24,000 responses from lawyers in all 50 states. Today, we are releasing two exciting outcomes from the survey.

We live in a time of cynicism and dissatisfaction with government—a dissatisfaction that includes the judicial branch. Gallup surveys of satisfaction with the way the nation is being governed have been stuck for the past few years at levels not seen since the days of President Richard Nixon and Watergate. Approval of the United States Supreme Court, which historically stayed safely in positive territory, has been close to 50-50 in recent years—and was negative (50% disapproving, 45% approving) at the start of the Court’s term last October.

We are pleased to announce the results of our evaluation of the Resource Center for Separating and Divorcing Families (RCSDF)—the first manifestation of the IAALS Honoring Families Initiative’s out-of-court model for separation and divorce.

IAALS has been instrumental in changing the landscape of Colorado’s civil pre-trial practice. It all began with Becky Kourlis’ provocative and influential speech at the American College of Trial Lawyers annual meeting in March 2007, where she outlined the disturbing trends and challenges facing our justice system. Becky’s talk was the seed that grew into the ACTL Task Force on Discovery and Civil Justice, which was tasked with taking a hard look at these problem areas and recommending improvements. IAALS provided a wealth of information, experience, necessary guidance, and high credibility to the Task Force.

IAALS’ Honoring Families Initiative recently released two new reports focused on the experiences of self-represented litigants in our family court system: Cases Without Counsel: Research on Experiences of Self-Representation in U.S. Family Court and Cases Without Counsel: Our Recommendations after Listening to the Litigants.

One of the reasons that the American experiment succeeded was the genius of our Founding Fathers in establishing a three-part system of government with an independent judiciary. Without an independent judiciary, we have just one more political entity, subject to the control of the majority, untethered from the Rule of Law, and susceptible to bullying.

Deans of law schools throughout the nation are faced with unprecedented challenges in legal education: significant restructuring in the legal employment market, high student debt loads, dramatic declines in applicants for admission, rapid technological advances, students who learn in new ways, shifting accreditation standards, national ranking systems, and concerns from the bench and bar about the preparedness of new lawyers. Against this background, it is so critical that deans have a forum to interact with each other, practitioners, judges, a variety of legal employers, and the many parties interested in and committed to the future of legal education.

Lawyers reach out to me from time to time to give me a dose of reality. Recently, a trial lawyer spoke to me of a few cases that had gone awry—and are examples of larger issues that plague our civil justice system. She did not give names, or case numbers, or jurisdiction, so if any of you reading this recognize yourselves, be assured that I do not.

When the Supreme Court of Missouri in January 2008 adopted a rule authorizing The Missouri Bar to create and administer the state’s first true judicial performance evaluation program, the state bar was faced with a very tight timeframe for implementation and a seemingly endless set of questions. How and where do we start? How should the evaluation be conducted? What form should the survey instrument take? What information should be considered by evaluators?

There is lots of talk about making changes in legal education at law schools. That's no surprise, law professors love to talk. If they loved practicing law, they'd be lawyers. Instead, ensconced in the ivory tower, safe from the perils of the real world, they leisurely debate what should happen to those poor souls (law students) who must leave the hallowed halls of law school, and actually go out in the world to practice law.