Expert Opinions

In our previous blog, we explained that the 77 foundations survey respondents identified as being necessary for new lawyers immediately upon graduation from law school are consistent and definitive throughout the practice of law. The similarities we saw in responses across demographics, firm sizes, and practice-specific characteristics suggest that the findings can be employed with confidence by law schools, the profession, employers, and others to facilitate the development of crucial foundations needed by lawyers right out of law school. Nonetheless, there were a few notable practically significant differences that arose among the various practice settings we studied.

In July 2016, IAALS published Foundations for Practice: The Whole Lawyer and the Character Quotient, which shared findings from a survey that asked more than 24,000 lawyers what new lawyers need as they enter the profession. In the survey, we also collected from respondents ten demographic and practice-specific characteristics. We thought we might observe interesting, informative, and actionable differences across these demographics and characteristics. However, as we conducted analysis of the survey data for our reports, it became clear that our expectation was misplaced.

On the very day when the Colorado Supreme Court Justices convened for an annual holiday luncheon, which includes all former Justices, a new Justice was added to the Court. Former Chief Justices Bender and Mullarkey, former Justices Kirschbaum, Dubofsky, Hobbs, Martinez, Eid, and yours truly; and sitting Chief Justice Rice and Justices Hood, Boatright, Coats, Marquez, and Gabriel all met to share some holiday cheer and some Court administrative updates. The tradition has been ongoing since before I joined the Court—and it is a wonderful one. We all get a chance to catch up, and to feel part of an institution that is profound and meaningful.

Technology has radically altered how legal help is sought—and how it is delivered—yet there is still an overwhelming need for affordable and accessible legal services in the United States. This gulf can only be bridged when attorneys adopt new ways of approaching the practice of law and the delivery of legal services.

Last month, in "We Won’t See You in Court: The Era of Tort Lawsuits Is Waning," the Wall Street Journal took a look at the decline in tort lawsuit filings and the reasons fueling the decline, citing “state restrictions on litigation, the increasing cost of bringing suits, improved auto safety, and a long campaign by businesses to turn public opinion against plaintiffs and their lawyers.” At first blush, this may seem like good news: lawsuits are down, people are suing less! However, I caution that it is far from good news and, if this trend continues, the courts may be in danger of becoming irrelevant.

In the name of simplicity, the ABA Council for the Section of Legal Education and Admissions to the Bar approved a proposal to roll back transparency in employment outcomes for law school graduates in a process that, itself, is under attack for its lack of transparency. Simplicity is a good thing, but not when it risks mischaracterizing important facts. Understanding how law graduates are employed is critical for prospective students, current students, law schools, and the profession—and under this approved proposal, we would know less than we do now.

I spent two weeks in Australia in May, meeting Australian judges, lawyers, law professors, deans, and legal service providers. I spoke at a conference dedicated to examining the role of empirical data in legal system reform, visited two Family Relationship Centres, and horrified a group of Australian judges by detailing how judges are elected in partisan elections in some states in the United States. The whole experience confirmed my notion that Australia is leading the way in legal system reform.

In January, I had the opportunity to present the results of IAALS’ Foundations for Practice study at the Association of American Law Schools’ Annual Meeting as part of the President’s Program. As always, I began my talk by framing the problems we are trying to fix through our work, and among the problems we simply cannot ignore are the lackluster employment rates for new law school graduates.

It didn’t surprise me when lawyers responding to our Foundations for Practice survey indicated that “life experience between college and law school” was helpful in identifying that a new lawyer has the foundations (characteristics, professional competencies, and legal skills) that they believe are important.

The Rule of Law is absolutely under attack in the United States of America—from elected officials, state legislative bodies, and groups of individuals. The attacks are apparent in politicians’ tirades, legislative proposals that would limit the authority of courts, and assaults on established principles of law such as federal versus state authority. But, the solution is not to put sandbags along the perimeters and bemoan the idiocy of some people.

Consumer demand and innovations in the legal marketplace, especially technological advances, are leading the charge for changes in the legal profession. Many legal educators, lawyers, court administrators, and judges are embracing the evolution, but others are still reluctant to disrupt the status quo.

My work on the classroom/traditional side has never needed empirical justification. By contrast, my work on the experiential side has always been met by skepticism by those who share my belief in the value of the classroom. Experiential education is not the status quo; it is always subject to demands for empirical evidence of its value.

One year ago today, the long awaited amendments to the Federal Rules of Civil Procedure went into effect. The “package” of amendments included changes across a number of rules and focused on increasing cooperation, achieving proportionality in discovery, and encouraging early case management by judges. A new Rule 37(e) was added addressing sanctions for the failure to preserve electronically stored information.

On November 3-4, 2016, IAALS convened a blue ribbon group of judges, scholars, and attorneys from across the country to discuss best practices for procedural rules for judicial recusal. The group discussed the need for procedures that are fair to both judges and litigants, that provide transparency without sacrificing efficiency, and that uphold the public’s confidence in the fairness and impartiality of the judiciary.

Last month, we gathered legal educators, practitioners, and judges from across the country for—wait for it—our 5th Annual Educating Tomorrow’s Lawyers Conference. As we kicked off the conference on the first day of fall, we reflected on the meaning of harvest.

On October 5, 2016, I was honored to be a panelist at IAALS’ joint Law Firm Council and Business Leadership Network meeting. There were three panels at this plenary session: 1) a panel of corporate in-house counsel; 2) a panel of outside counsel; and 3) a panel of judges (from both the federal bench and the state bench).

With our publication Judges Aren’t Sexy: Engaging and Educating Voters in a Crowded World, we offered a range of practical recommendations—including communications strategies and assets for social media and a messaging platform—for communicating with judicial voters. A handful of states have put our recommendations into practice for this election cycle.

When significant amendments to the Federal Rules of Civil Procedure went into effect last December, we celebrated this important achievement but also stressed that how the rules were implemented would be key to seeing a positive impact. The importance of how the amendments are being implemented has not been lost on the bench and bar. In fact, it has been the focus of 2016.

On September 17, 1787, the Framers signed the United States Constitution. The day is observed by some lawyer and judge groups but, unfortunately, largely goes unnoticed by the rest of the population. Our Constitution is masterful, and deserves to be celebrated by all of us.

The United States Constitution will be 229 years old on September 17. The Constitution was the document that charted the course for our country, mirrored in significant part in state constitutions that followed. In one respect, the Constitution is like the rebar embedded in the concrete that supports our houses, buildings, skyscrapers, and bridges. It is unseen, but critical to the strength of the structure. So, too, our Constitution is fused into the heartbeat of our economy, our democracy, and our court system. Without it, we could not do business, pass laws, create rules of interaction with one another, or transfer power peacefully.