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Denise Howell is a seasoned appellate and intellectual property litigator based in Los Angeles. Denise writes one of the first and most popular law-related blogs, Bag and Baggage, coined the term "blawg" and helped pioneer podcasting for lawyers. Microcontent obsessed since 2001, she is frequently quoted in the media on legal issues involving intellectual property and technology law. "Sound Policy" is Denise's show at IT Conversations, and it's also what she hopes results from the briefs she submits to court. Email Denise at dhowell@gmail.com.

Dennis Kennedy is a computer lawyer and legal technology expert based in St. Louis, Missouri. An award-winning author, a frequent speaker and a widely-read blogger, he has more than 300 publications on legal, technology and Internet topics, many of which are collected in his e-books. Dennis has been described as someone who knows almost every rock song in existence and, more importantly, how they apply to technology and law. Email Dennis at his gmail address.

Tom Mighell is Senior Counsel and Litigation Technology Support Coordinator at Cowles & Thompson in Dallas. He has published the Internet Legal Research Weekly newsletter since 2000 and blogged about the Internet and legal technology at Inter Alia since August of 2002. With Tom's singing, Ernie on guitar and Dennis' encylopedic knowledge of rock music, we may have the beginnings of a good band, if this whole blog thing doesn't work out. Email Tom at tmighell@swbell.net.

Marty Schwimmer left a partnership in the largest trademark practice in the world and founded Schwimmer Mitchell, a full-service IP micro-boutique in Westchester County, New York, where he represents owners of famous and not yet famous trademarks. He founded The Trademark Blog, the first IP law blog and the one with the most pictures. He is the first to come in and the last to leave in his firm. Email Marty at marty@schwimmerlegal.com.

Ernest Svenson practices law with a mid-sized law firm in New Orleans, specializing in business-related lawsuits. Most of his practice takes place in federal court, especially the Eastern District. He is best known for his weblog Ernie the Attorney, which he started as an experiment. Like many experiments it got out of control. Nevertheless, he continues to practice law and, occasionally, to seek enlightenment. Email Ernest at esvenson@gmail.com.
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August 10, 2005

Evan Schaeffer Asks: Is the Third Year of Law School Wasted?

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Posted by Dennis M. Kennedy

Evan Schaeffer offers his take on the question: Is the third year of legal education wasted?

Like Evan, I lack the credentials to enter the kind of academic debates he references in his post. So, I thought it might be fun to launch a parallel discussion among the insufficiently-credentialed, non-academic "practicing lawyers and others" group.

Interestingly, I had a discussion with a non-lawyer the other day about the nature of legal education and found it difficult to explain the current state of legal education. Especially difficult to explain (probably because I don't understand it myself) is the accreditation process for new law schools, with its heavy emphasis on number of volumes in a school's law library. My friend kept shaking her head in disbelief.

One way to deal with Evan's question is to ponder whether law school has become impossibly over-academized and there is a need to go back to something that resembles a professional training school. For example, my friend and I were discussing what doctors would be like if medical school and residency focused only on academic theory and not practice, as legal education, some might argue, has seemed to have done.

Then there's always the interesting question: why do I even need to go to law school if I can pass the bar exam? And its corollary: why do I need to take the bar exam if I graduate from law school?

The interesting empirical study related to our initial question is: what is the attendance rate of third year law students in their classes? Some lawyers would be a little embarrassed by their own answer to that question. Not me or anyone I know, of course, but I have certainly heard some stories.

Comments (3) + TrackBacks (0) | Category: Provocations


COMMENTS

1. vrimj on August 11, 2005 10:58 AM writes...

I am about to start my third year of law school. I am not prepared to practice law, another year of law school is not going to make me more prepared. I need an apprenticeship. I just can't figure out how to apply for one. I end up asking questions about "mentorship".

I wish there was a program with two years of classroom training a year long practicum and then a three to four year apprenticeship. Not only would it make for better attorneys, it would make law school a less attractive choice for people without a commiment to law.

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2. Aaron on August 15, 2005 10:08 PM writes...

As to the original post: yes, law school could use a residency position after the third year. But no, third year is NOT wasted. The classes are required, at least in my experience, and I JUST graduated (2005). I took state civil procedure classes, did time in my clerkship and overall valuable time honing the academic skills into usable skills during third year.
My fiance is a third year med student, so I know about their programs in excruciating detail, and I think law school could be made to be a much more efficient animal. However, a disclaimer before I say another word about it: it will not change during our lifetimes. If lawschool were to take on a 4 year program where only the first two years were purely academic and the last two years were law "rotations" with tests punctuating the rotations concerning the subject material you were learning, you would be a fully functioning lawyer when you got out of lawschool, no adjustment required. But here's why it will never happen: supply exceeds demand in the legal world. The reason it works for doctors and nurses is because demand exceeds supply in the medical world. So dream all we want, we'll never see it; but I will try to do my best when I become established to change that status quo.
For the first person who commented:
Well, I just finished my third year of law school and I'm looking for a job (only two weeks on the prowl). If you are about to start your third year and you still haven't had a clerkship, I could make some recommendations so that you could make some good decisions about getting a clerkship your senior year.

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3. Amy on August 18, 2005 7:37 PM writes...

Of course, most folks already know that you do not have to attend law school to sit for the bar exam in California -- here's the rule:
http://snipurl.com/h21i

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