Law in Contemporary Society

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LawSchoolasTrainingforHierarchy 26 - 18 Jun 2012 - Main.MatthewCollins
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I found this account of the law school experience by Professor Duncan Kennedy of Harvard Law to be relevant to our discussions in class, thought I’d share.
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 -- AlexKonik - 10 Jun 2012

Another element of firm signalling you haven't mentioned is the impact on potential clients of being able to claim that one's associates are all hired from "Harvard, Yale, Columbia, NYU and Chicago." Companies (like humans, it seems) are willing to pay a substantial premium to receive what they perceive to be top quality service when those services are crucially important, as is the case in a lot of complex, bet-the-firm legal services as well as even general contract drafting of deals worth many millions (or billions) of dollars. Think about a family paying "whatever it takes" to get the best education for their child, safety locks on their house, oncologist for the cancer-ridden wife, etc., and you start to get the picture of why it might be beneficial for law firms to hire the "cream" of the graduating class regardless of actual competency (particularly when, as you say, they don't need to be ready Day 1). \ No newline at end of file

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I think, Alex, that there is some value to this more 'academic' training. Doctors, for instance, go through med school where they gain the knowledge necessary to practice, and then they spend a number of years in their residency learning how to put that to practical use.

With that said, I don't mean to imply that a law firm "residency" is the right option for lawyers. I just mean to say that a structure whereby a school focuses on understanding the doctrine from a big-picture, theoretical view and hard training comes after is not bad in and of itself. I think, even, spending time thinking about the material in this way allows us to be more creative lawyers; if our time was spent learning how to draft every motion you might need to know, we can't spend that time mulling over the sort of creative arguments we should be thinking about to be good advocates.

To that end, then, I look skeptically at your argument that better schools train worse practitioners and are only looked upon with favor by firms because they serve as filters. I should hope that the opportunity to learn from creative legal thinkers -- like Eben and the many others we have at CLS -- about more than just the hard tools of lawyering allows us to be better lawyers. Once we learn how to draft contracts and motions, that is.

-- MatthewCollins - 18 Jun 2012


Revision 26r26 - 18 Jun 2012 - 18:55:38 - MatthewCollins
Revision 25r25 - 12 Jun 2012 - 20:09:30 - RohanGrey
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