Leading Change in Legal Education-educating Lawyers and Best Practices: Good News for Diversity

• Publication year: 2008
• Citation: Vol. 31 No. 04

UNIVERSITY OF PUGET SOUND LAW REVIEWVolume 31, No. 4SUMMER 2008

Leading Change in Legal Education-Educating Lawyers and Best Practices: Good News for Diversity

Antoinette Sedillo Lopez(fn1)

I. Introduction

Two recent influential books on legal education, Educating Lawyers(fn2) and Best Practices for Legal Education, come to similar conclusions about the problems with many legal education programs today. Many other suggestions for improvement in legal education programs are also similar.(fn3) A major point made in both books is the need to train lawyers in their roles and skills as professionals.(fn4) Educating Lawyers

f Professor of Law and Associate Dean for Clinical Affairs, University of New Mexico. I would like to thank the organizers of the Society of American Law Teachers conference, "Promoting Diversity in Deanships," co-sponsored by Seattle University School of Law, for inviting me to join Paul Holland as a luncheon speaker on this topic. I appreciate the research support of Ernesto Longa, UNM Law Library.

suggests focusing legal education on three apprenticeships for the practice, knowledge, identity, and skills, while Best Practices focuses on the specific cognitive and practice skills and professional and ethical values, and urges law schools and educators to develop coherent teaching objectives and curricula focusing on those skills and values. The specific suggestions in Best Practices for small group learning, collaborative learning, skills training, values education, cultural competence, professionalism training, personal and professional balance, and outcome-based assessment represent a potential for profound changes in the manner in which legal education is delivered in this country.(fn5)

The books both contemplate a move from the current model of large classes taught through modified Socratic dialogue to a sequenced set of courses and experiences that build on basic legal analytical skill and provide opportunities for real life and simulated practice experience. Assessment would become more outcome-based with genuine opportunities for students to receive constructive feedback on their skill development as it evolves.(fn6) Different law schools would implement these changes as appropriate for their particularized communities.(fn7) I believe that while those changes would benefit all future lawyers (and future clients of those lawyers), the changes would be particularly welcome for students of color and members of groups which are under-represented in law school.(fn8)

II. Implications for Students of Color

Law schools around the country have varying levels of commitment to diversifying their student bodies.(fn9) Many schools accompany their

efforts to diversify their students with academic support programs to help their "diversity" students navigate the law school experience.(fn10) Academic support programs have evolved over time, but a common theme of successful programs is to develop ways of giving students meaningful feedback and guidance as they develop the analytical and writing skills necessary for success in law school.(fn11) Many programs feature practice exams, meetings with tutors or professors, and diagnostic sessions. Professor Vernellia Randall's(fn12) program emphasizes building the skills sequentially.(fn13) Many other academic support programs focus on learning styles, adapting appropriate study skills, and developing enhanced writing skills.(fn14) Researchers have suggested the use of the student's undergraduate major to assess potential strengths and weaknesses in legal reasoning abilities.(fn15) While many of these ideas were developed to enhance the performance of diversity students, these practices are beneficial to all students. Utilizing Best Practices will make legal education more accessible and effective.(fn16)

Academic support professionals have suggested the idea (which is endorsed in Best Practices) of using lawyers in the practicing bar to assist with the education of students.(fn17) In addition to helping with the teaching mission, contact with judges and lawyers can help students who do not already know attorneys meet members of the legal profession.

1 (1997); Transcript, Who Gets In? The Quest for Diversity After Grutter, 52 BUFF. L. REV. 531 (2004).

Also consistent with Best Practices,(fn18) academic support professionals have suggested collaborative and experiential learning experiences as more effective learning techniques...