Another Look at the Need for Family Law Education Reform: One Law School's Innovations

• Published date: 01 January 2017
• DOI: http://doi.org/10.1111/fcre.12256
• Date: 01 January 2017

ANOTHER LOOK AT THE NEED FOR FAMILY LAW EDUCATION

REFORM: ONE LAW SCHOOL’S INNOVATIONS

Barbara A. Babb

The pressing need to change family law education stems from increased numbers and types of family law matters before the

courts, changing legal standards, and the evolution of family law practice. The Family Law Education Reform Project, the

Families Matter Report, and the IAALS Family Bar Summit recommend that traditional family law education be supplemented

to reflect the importance of a holistic blend of theory and practice. This involves expanding student clinical or experiential pro-

grams, incorporating interdisciplinary studies specific to the context of family law, and enhancing continuing legal education

opportunities. As one law school example, the University of Baltimore School of Law has implemented many of these recom-

mendations for students and practitioners.

Key Points for the Family Court Community:

There is a need for the traditional family law educational curriculum to reflect a holistic blend of theory and

practice.

The Family Law Education Reform Project, among others, recommends supplementing the family law curriculum

with interdisciplinary education for practitioners with increased client-centered training programs, interdisciplinary stu-

dent education tailored to family law, and clinical and experiential student opportunities.

The need for educational reform stems from recent changes to family law, a constant increase in family law proceed-

ings, and the vast numbers of self-represented litigants.

The present shift away from family law litigation toward alternative dispute resolution requires interdisciplinary educa-

tion in related areas of law, family psychology, and counseling.

The University of Baltimore School of Law has supplemented student learning with the practical application of family

law through various clinical courses and experiential offerings, as well as interdisciplinary requirements for the family

law area of concentration.

The University of Baltimore School of Law intends to offer a Post-J.D. Certificate in Family Law beginning in the Fall

2017 semester.

Keywords: Alternative Dispute Resolution; Clinical Programs; Continuing Legal Education; Experiential Learning;

Family Law Education; Family Law Educational Reform; Holistic; Interdisciplinary; and Simulation-Based

Learning.

INTRODUCTION

Family law practicehas undergone dramatic change inthe last quarter century, perhaps morethan any other

area of practice. Virtually everything about it has changed—the role of the family court, the procedure for

resolving family disputes, the role of thefamily lawyer, and the substantive law. It is a vibrant and exciting

field, with great influence on the lives of families and children. The family law curriculum in our law

schools, however, do not reflect either the change in practice or its vibrancy. Despite the enormous chal-

lenges of modern practice, and the high stakesfor parents and children, family law remains the stepchild of

the law school.There are efforts to modernize underway, but they are isolated and unsystematic.

1

“Legal education is complex, with its different emphases of legal analysis, training for practice,

and development of professional identity.”

2

Further, “[t]here is a growing consensus that American

law schools need to do a better job of preparing students to practice law.”

3

Indeed, the challenge for

legal educators is how to strike the appropriate balance among the several distinct components.

Many recent publications focusing on law teaching

4

and clinical legal education

5

in particular have

assisted law professors in this endeavor. Generally, however, other than those texts focusing on

Correspondence: bbabb@ubalt.edu

FAMILY COURT REVIEW, Vol. 55 No. 1, January 2017 59–69

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C2017 Association of Family and Conciliation Courts