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What They Don’t Teach Law Students: Lawyering

nytimes.com

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Re: What They Don’t Teach Law Students: Lawyering

#41
post #21

While the article makes good points, I disagree with its fundamental premise that the case system is a bad way to prepare students for the practice of law. The article offers what is really an academic critique of law school education. In effect, it says, "wouldn't it be so much better if we could just dispense with all that abstract case-law analysis and get on with teaching prospective lawyers how to draft contract…

When I took contracts law, they taught me via the case system. It wasn't until I was actually practicing law that I learned what a good contract actually looks like.

I'm going 180 on you: law school is a barrier to entry, and a screening process, but it is not an education in "lawyering" (whatever that might mean). The core curriculum (which all law schools seem to stick to like it's gospel) was interesting from an intellectual perspective, but really a waste of my time and money. Likewise, I had to learn various intricacies of divorce laws to pass the NY bar – something I hope never to care about again.

Since getting my J.D., I've practiced law in some global law firms, and I've even taught practical contract negotiations at a law school here in NYC. Every time I teach that class, a few students tell me it's the most useful thing they've learned in law school.

(Keep in mind that I basically negotiate contracts for a living. If you're in antitrust, bankruptcy, etc., your law school usefulness mileage may vary. I think that's basically the problem: there's no such thing as "lawyering"; it's too broad a category to be useful.)

Re: What They Don’t Teach Law Students: Lawyering

#42

To me, this article perfectly captures what is wrong with legal education: students are plunking down $150,000 @ ~8.0% to learn how to support themselves practicing law, and in exchange they get three years of abstract classroom lecturing. Add into the equation documented outright fraud in employment statistics reporting on the part of law schools and you have what is legitimately a scam going on. Best of all, there'…

If you think physics students are there to 'learn how to support themselves practicing physics', you sorely miss the point of academic schooling.
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