Tuesday, July 29, 2008
Famed attorney Gerry Spence has his own blog, called Gerry Spence's Blog, what else? He wrote a July 28, 2008 article entitled Defrauding our nation’s lawyers which accuses our nations law schools of fraud. Why? Because law schools do not teach lawyers to be trial lawyers. As Gerry states:
I could teach an eighth-grader in twenty minutes how to brief a case. Yet for all three years in most law schools the casebook method of learning the law is still in. The matriculating young lawyer is as qualified to represent a client with the education he has suffered through as a doctor who has never seen a patient, who has never held a scalpel in his hand and who learns surgery by having read text books about it and becomes skilled in surgery, if ever, after having stacked up piles of corpses who represent his pathetic learning process.
Gerry you miss the point of law school. First, not everyone wants to be a trial lawyer. The skills of an appellate lawyer, a corporate lawyer and a labor lawyer are often different than that of a trial lawyer. To borrow your doctor analogy, heart surgeons are different than family doctors.
Second, law school is not a trade school. It is not intended to magically transform students into lawyers in three years. Pardon the pun, by law school is about learning how to think, learning how to research and learning how to write in a legal manner.
And, by the way, I would like to see you teach an 8th grader brief a case!
Mitchell H. Rubinstein