Innovation in Legal Education: Ideas for the 21 st Century

1. The Ryerson Symposium Ryerson University Innovation in Legal Education: Ideas for the 21st Century

2. Professor David F. Chavkin Washington College of Law American University What can we learn from the experience south of the border?

3. Professor David F. Chavkin Washington College of Law American University What can we learn from the experience south of the border?

4. Teach First Year courses like Civil Procedure and in our Integrated Curriculum • Teach Upper-Level courses like Health Law and Professional Responsibility • Direct the General Practice Clinic

5. The General Practice Clinic is the largest clinic in the United States with 90-100 students per year. • Students represent low-income clients with a wide range of legal problems. • Students are the attorneys for clients under student practice rules.

6. Five lessons (from the southern suburbs of Toronto, Montreal and Vancouver) • Teaching students to think like a lawyer is not enough

7. Five lessons from the southern suburbs of Toronto, Montreal and Vancouver • We are doing great damage to our students starting in the first year

8. Five lessons from the southern suburbs of Toronto, Montreal and Vancouver • Law school needs to be taught in a more integrated manner

9. Five lessons from the southern suburbs of Toronto, Montreal and Vancouver • Experiential learning is critical in teaching adults – in moving from pedagogy to andragogy

10. Five lessons from the southern suburbs of Toronto, Montreal and Vancouver • We need to acknowledge the global nature of legal practice

13. Father Guido Sarducci

15. The current revolution in American legal education

16. 1. Teaching students to think like a lawyer is not enough

17. “[T]he primary purpose of law school is . . . to teach students to think like lawyers.”

18. Large classes Socratic method Case analysis Good financially for law schools The face of American legal education has been the face of Christopher Columbus Langdell

19. The goal was to teach students “to think like a lawyer” It has been the face of Christopher Columbus Langdell

20. What is wrong with that model? • It works poorly for certain groups • Minorities • Women • But, the biggest problem is that no one has ever shown that it works effectively for white men.

21. What is wrong with that model? • It does a lot of damage along the way.

22. What is wrong with that model? • And, teaching someone to “think like a lawyer” is not the same as teaching someone to “be a lawyer”

23. Former President of the American Bar Association (1991-92). Former Chair of the ABA Section of Legal Education and Admission to the Bar (1982-83).  The D’Alemberte critique of traditional legal education

24. Former Dean, Florida State University College of Law Former President, Florida State University. The D’Alemberte critique of traditional legal education

25. The D’Alemberte critique of traditional legal education • "Law students are being told by law professors that 'We don't teach you to be a lawyer, but to think like a lawyer', said D'Alemberte, launching in before his progressively more uneasy audience.

26. The D’Alemberte critique of traditional legal education • “'Isn't that a damn strange statement?' D'Alemberte continued. 'What would you say to . . . educators in other fields if they said, 'We don't teach you to be a musician, actor, historian, physicist – but only to think like one?'"

28. Bob MacCrate Senior Counsel, Sullivan and Cromwell Former President, American Bar Association What/who brought about the current changes in American legal education?

29. MacCrate Report - 1992 • ABA Task Force on Law Schools and the Profession: Narrowing the Gap • Recommended the teaching of lawyering skills and professional values in law schools to enhance professional development

30. The MacCrate Report

31. ABA Accreditation Standard 301(a)(circa 1993) • “(a) A law school shall maintain an educational program that prepares its students for admission to the bar.”

32. MacCrate Report Recommendations • Teaching should develop the concepts and theories underlying the skills and values being taught • There should be an opportunity for students to perform lawyering tasks with appropriate feedback and self-evaluation • There should be reflective evaluation of the student’s performance by a qualified assessor

33. C. Enhancing Professional Development During the Law School Years • 2. Standard 301(a) regarding a law school's educational program should be amended to clarify its reference to qualifying "graduates for admission to the bar" by adding: ". . . and to prepare them to participate effectively in the legal profession."

34. C. Enhancing Professional Development During the Law School Years • This would affirm that education in lawyering skills and professional values is central to the mission of law schools and recognize the current stature of skills and values instruction. (Chapter 7.C and Chapter 7.B)

35. ABA House of Delegates Resolution - 1994 • “Methods [clinical legal education] have been developing for teaching law students skills previously considered learnable only through post-graduation experience in practice.”

36. The accreditation standards • This recognition by the House of Delegates would find form in concrete changes in the accreditation standards that govern law schools in the United States.

37. American Bar Association accreditation of law schools • As of October 2008, a total of 200 institutions were approved by the American Bar Association. • Graduation from an ABA-accredited school is usually required in order for students to take the bar examination.

38. ABA Accreditation Standard 301(a) • (a) A law school shall maintain an educational program that prepares its students for admission to the bar and effective and responsible participation in the legal profession. values skills

39. Standard 302. CURRICULUM. • “(a) A law school shall require that each student receive substantial instruction in: . . . (4) . . . professional skills generally regarded as necessary for effective and responsible participation in the legal profession . . . .” substantial opportunities for instruction in professional skills

40. Standard 302(b). A law school shall offer substantial opportunities for: • (1) live-client or other real-life practice experiences, appropriately supervised and designed to encourage reflection by students on their experiences and on the values and responsibilities of the legal profession, and the development of one's ability to assess his or her performance and level of competence; live-client appropriately supervised encourage reflection

41. How do we get there? • Clearly, not through the Socratic method!

43. Payne v. Cave (1789) • "Mr. Freiberg, will you state the facts in the case of Payne v. Cave?" • “This case deals with an auction for a wormtub. The defendant was the highest bidder, bidding 40 pounds for the tub. But before the auctioneer's hammer came down, the bidder revoked his bid. The next day, they resell it to the same guy, and he buys it for 30 pounds. The seller sues the buyer for the difference between the first bid (40 pounds) and the second bid (30 pounds). If the seller wins, the damages are 10 pounds.”

44. What is a wormtub (anyway)?

45. What changes do we want to create in our students? Faculty of Law

46. Goals of Legal Education • We want to produce lawyers with the skills to be effective. • We want to produce lawyers with the values to be responsible.

47. Why shouldn’t we leave the teaching of skills and values to post-graduation work/apprenticeships/articles? • 1. Law schools are committed to the education of students above other interests. • 2. Law schools employ individuals skilled in teaching. • 3. Law schools employ teachers who are good role models.

48. quality alternative to articles

49. The Carnegie Foundation Report (2007)

50. “Law school should be seen ‘as apprenticeship to the profession of law.’"