Wednesday, May 31, 2017

What Law Schools Should Be Teaching and Aren’t

I listened to a podcast today entitled “What Law Schools Should be Teaching, and Aren’t (with Mark Cohen).” Cohen is the founder and CEO of Legal Mosaic. In a previous life he served as a partner in a large law firm, a partner in his own boutique firm, a receiver, and the founder of a now defunct legal tech startup, Clearspire.

Given all of his experience, I value what he has to say about what law schools need to do to prepare students for the current legal marketplace. I recommend that you listen to the podcast yourself, but here is his list of gaps in student knowledge:

  1. How to interview clients
  2. The importance of project management, collaboration and teamwork
  3. How to provide legal solutions and not just merely legal opinions.
  4. How to use technology and deal with the rise of legal process outsourcing
  5. Marketing and getting clients
  6. The importance of emotional intelligence

Many may quibble with his list in an age in which bar passage rates are at historical lows. But I think he has a point, especially since most of students will work for small law firms and will not have the infrastructure/safety net of Big Law. As Cohen mentioned, lawyers increasingly work within a legal supply chain and must provide value beyond what they are being taught in law school. These include the soft skills that business schools typically teach, and which will enable our students to get and keep clients.

I particularly liked his discussion of project management and collaboration. As we know, many law students can’t manage their time properly, don’t like working in groups, and focus more on regurgitating what they are taught in class rather than thinking of creative, constructive solutions. Students also haven’t developed the skills to deal with the increasing automation of document review/drafting and the potential rise of robots, which thankfully, won’t replace lawyers (yet).

I have tried to teach my students to understand the importance of learning their client’s business so that they can provide solutions rather than standard law school exam answers. I grade based on deliverables and time management to the extent that I don’t accept late work (barring extraordinary circumstances). In every class, I have had students do some work in groups, even though they don’t like it at first. I have also stressed the importance of learning to explain complex concepts clearly and concisely through blogging (which also provides marketing opportunities).

Now I plan to see how I can incorporate more of Cohen’s suggestions. Practitioners- is there anything else professors can do to produce more effective and efficient graduates?

https://lawprofessors.typepad.com/business_law/2017/05/what-law-school-should-be-teaching-and-arent.html

Law Firms, Law School, Lawyering, Marcia Narine Weldon, Teaching, Technology | Permalink

Comments

In my experience, business schools do most of those things pretty well. Perhaps they should get a JD/MBA?

Posted by: Haskell Murray | Jun 1, 2017 11:06:47 AM

In my experience, JD/MBA students do indeed tend to be a lot stronger in many of those skills. But, the lore is that law firms give little to no preference for students with that joint degree. That has always puzzled me. Is the lore wrong? If it's right, do lawyers not understand the value of the MBA? Are we wrong about the value of the joint degree? Or should we question how much lawyers really value attempts to teach these kinds of skills?

Posted by: Brett McDonnell | Jun 2, 2017 7:45:08 AM

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