Sunday, January 11, 2015

The Death of a Clinic

On January 1, 2015, there was one fewer law school clinic in America. The Lewis & Clark Legal Clinic, one of the oldest and most well-respected clinics in the Northwest, silently closed its doors.

The Lewis & Clark Legal Clinic provided debtor-creditor, landlord-tenant, and family law services, including a significant amount of work representing victims of domestic violence. The clinic was founded in 1971, and together its full-time faculty, Dick Slottee, Teresa Wright, and Mark Peterson had spent approximately fifty years combined at Lewis & Clark. All had security of position; in fact, Professor Slottee, who was the clinic director, had tenure. The clinic served approximately 230 low-income and indigent clients per year and involved 35 to 70 students.

As recently as last summer, Lewis & Clark Law School touted the clinic’s work in Advocate Magazine. In the words of one recent Lewis & Clark alumna, “The value derived from the Lewis & Clark Legal Clinic is immeasurable. It teaches practical skills and it provides students a special opportunity to put the legal theories we learn in an abstract manner in the classroom into practice . . . The focus is on the students and the students are wholly supported.”

According to the Lewis & Clark Law School Dean, Jennifer Johnson, the decision to close the clinic was driven by budget constraints. She indicated that the goal was to offer lawyering skills and opportunities “for all students in a cost effective manner” and stated that “Going forward, we must focus our in-house clinics on those with significant fund raising potential,” while asserting that “current budget realities-for both the law school and our students-make this move necessary.” The rumor is that Lewis & Clark had an unexpected million-dollar shortfall and had already significantly cut the library budget (the largest budget item other than personnel), and so moved to the next largest item in the budget: the law school’s clinic. True or not, Johnson’s own framing of the decision exclusively as a financial one is worrisome.

In Pricing Clinical Legal Education, 92 Denver University Law Review 1 (2014), Robert Kuehn of Washington University Law finds that offering clinical opportunities to law school students has no net impact on tuition and concludes that offering clinical opportunities to students is determined by the law school’s will to offer such opportunities to students. As law schools consider how to balance the budget and keep the lights on during the worst downturn in law school enrollment in modern history, it is natural that some administrators may be tempted to conduct a casual analysis and conclude that high enrollment courses are the answer and try to cut costs by reducing smaller experiential courses.

However, a familiarity with effective pedagogies and the retention yields of various methods reveals that not all courses are equal when it comes to learning outcomes. The value of courses and teaching methods should not be measured predominantly by teaching or staffing inputs, but rather by learning efficiencies, efficacies, and outcomes. After all, if we hold ourselves out as educators, we owe it to our students to have a reasonable familiarity with effective educational methods and to utilize and prioritize those, rather than continue to offer course and curricula designs that have been scientifically proven by study after study to be ineffective. 

Accepting tuition in exchange for enrollment in courses designed around learning methods that have been scientifically proven to be ineffective is unconscionable. Those simulated practice courses, externships, and clinics may cost more than placing 80 students in the room with a single lecturer, but they are far more likely to produce better learning outcomes for our students. Can you imagine a law school committed to designing and offering courses according to learning outcomes rather than cost input?

Even if one is not motivated by effective pedagogy, from a business perspective, we know that students care about clinics. A recent survey indicates that clinics and externships are one of the most significant factors students consider when deciding where to attend law school (location is number one).

After the decision to close the Lewis & Clark Legal Clinic was announced in September, another faculty member, Kathy Hessler, sent an email to the national clinic listserv informing the members of our community. She pointed out that the Lewis & Clark Legal Clinic was the only one at the law school that was funded directly by the law school. It is hard to imagine other law school courses being expected to go out and procure their own funding.

When one considers the effectiveness of clinical pedagogy, as well as the new ABA accreditation standards mandating experiential education, it is deeply concerning that an educational program built around one of the most effective learning methods known to us would be singled out to be "self funded."

Even more concerning, though, was the resounding silence of the national clinical community to the news of the decision. Just a handful of emails were sent in response. At the Northwest Clinical Conference in October, attendees voted to send a letter to the Lewis & Clark Dean expressing our deep concern over the decision and offering our support to reverse the decision. In response, Dean Johnson emailed each signatory and the dean of the person’s home law school, and directed them to have our dean contact her if we would like “further input into this issue.” Was she trying to intimidate us into silence with this power play? Perhaps, but apparently, there was no need. I have said nothing since. Have you?

This is the way a clinic ends. This is the way a clinic ends. This is the way a clinic ends. Not with a bang, but with silence.

 

https://lawprofessors.typepad.com/clinic_prof/2015/01/the-death-of-a-clinic.html

ABA Standards, Clinic News, Clinic Profile, Current Affairs | Permalink

Comments

Powerful and sobering words!

Posted by: Jill Engle | Jan 11, 2015 7:54:40 PM

Thank you for this insightful and troubling reminder of the silent demise of one of our own. I am as saddened now as when I first heard it, but I fear it is only the first . . .

Posted by: Patty Roberts | Jan 12, 2015 7:13:35 AM

thanks for posting this, Jeff, and for updating this as it moved along. I just happened to read Kuehn's article again over the holiday (I came across a copy I had in my bag) and it tells the story well.

Posted by: brian | Jan 12, 2015 7:13:46 AM

I'm curious which "course and curricula designs" have been "scientifically proven" to be "ineffective," as well as who the scientists were who conducted those studies. Similarly, I'm curious which "learning methods" have been "scientifically proven" to be "ineffective." I certainly wouldn't want to engage in any course designs, curricula, or learning methods that had been scientifically proven to be ineffective.I'm also curious about what you mean by "scientifically proven."

Posted by: Robert Anderson | Jan 13, 2015 10:54:38 AM

Robert Anderson--Take a look at Dunlosky et al., which is a meta-analysis of over 700 studies of how people learn: http://www.indiana.edu/~pcl/rgoldsto/courses/dunloskyimprovinglearning.pdf. I also have a paper coming out in the Journal of Legal Ed this spring summarizing Dunlosky and some other research: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2513048. Also, feel free to email me at wbinford@willamette.edu.

Posted by: Warren Binford | Jan 13, 2015 11:25:57 PM

Very sad and disheartening stuff, which is made more so by the fact they came for the clinic after gutting the library budget too.

Posted by: Robb Farmer | Jan 14, 2015 9:08:03 AM

This is heart wrenching.The Government should look into this further.

Posted by: Paul Cowie | Jan 18, 2015 9:25:59 PM

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