Tag Archives: Practical

Law schools are not preparing law students to practice law

The New York Times explains why law school may not be worth the money.

Excerpt:

 The lesson today — the ins and outs of closing a deal — seems lifted from Corporate Lawyering 101.

“How do you get a merger done?” asks Scott B. Connolly, an attorney.

There is silence from three well-dressed people in their early 20s, sitting at a conference table in a downtown building here last month.

“What steps would you need to take to accomplish a merger?” Mr. Connolly prods.

After a pause, a participant gives it a shot: “You buy all the stock of one company. Is that what you need?”

“That’s a stock acquisition,” Mr. Connolly says. “The question is, when you close a merger, how does that deal get done?”

The answer — draft a certificate of merger and file it with the secretary of state — is part of a crash course in legal training. But the three people taking notes are not students. They are associates at a law firm called Drinker Biddle & Reath, hired to handle corporate transactions. And they have each spent three years and as much as $150,000 for a legal degree.

What they did not get, for all that time and money, was much practical training. Law schools have long emphasized the theoretical over the useful, with classes that are often overstuffed with antiquated distinctions, like the variety of property law in post-feudal England. Professors are rewarded for chin-stroking scholarship, like law review articles with titles like “A Future Foretold: Neo-Aristotelian Praise of Postmodern Legal Theory.”

So, for decades, clients have essentially underwritten the training of new lawyers, paying as much as $300 an hour for the time of associates learning on the job. But the downturn in the economy, and long-running efforts to rethink legal fees, have prompted more and more of those clients to send a simple message to law firms: Teach new hires on your own dime.

“The fundamental issue is that law schools are producing people who are not capable of being counselors,” says Jeffrey W. Carr, the general counsel of FMC Technologies, a Houston company that makes oil drilling equipment. “They are lawyers in the sense that they have law degrees, but they aren’t ready to be a provider of services.”

[…]Consider, for instance, Contracts, a first-year staple. It is one of many that originated in the Langdell era and endures today. In it, students will typically encounter such classics as Hadley v. Baxendale, an 1854 dispute about financial damages caused by the late delivery of a crankshaft to a British miller.

Here is what students will rarely encounter in Contracts: actual contracts, the sort that lawyers need to draft and file. Likewise, Criminal Procedure class is normally filled with case studies about common law crimes — like murder and theft — but hardly mentions plea bargaining, even though a vast majority of criminal cases are resolved by that method.

[…]“We should be teaching what is really going on in the legal system,” says Edward L. Rubin, a professor and former dean at the Vanderbilt Law School, “not what was going on in the 1870s, when much of the legal curriculum was put in place.”

This is one of the reasons why I give the advice I do about studying STEM (science, technology, engineering and math). Universities are politicized. They are run by people who want to push a secular leftist ideology. For such people, the more isolated you can be from feedback from the real world, the better. And that is why it is often (but not always) useless to study anything that isn’t STEM. If you’re going to the university at all, study STEM areas. That is, if your goal is to actually make money so you can support a family.

So you have two choices, in my view. Trade school/apprenticeship right out of high school. Or study STEM areas in university. That’s it.

A friend of mine who is a software engineer was thinking of doing an MBA a while back, and then decided on a Masters in securities and investing. I think that’s the right way to go. Stay as far away from anything that can be politicized as possible. Don’t give people who are embarked on perpetual adolescence any of your money (than they already get through taxpayer-funded research subsidies).

A hero’s legacy: Happy birthday, William Wilberforce

August 24th was the 250th birthday of the official hero of the Wintery Knight blog, William Wilberforce.

Chuck Colson wrote about it. (H/T Andrew)

Excerpt:

Today marks the 250th birthday of William Wilberforce, the Christian statesman who, for 18 arduous years, led the crusade against the abominable British slave trade. And I can think of no better gift I could give my listeners than to tell you about some of the traits that made Wilberforce a man who profoundly changed history-and whose legacy so profoundly shaped my life.

To speak of Wilberforce is to speak of biblical worldview in action. When Wilberforce, one of the youngest members of Parliament, came to Christ, he contemplated leaving office and becoming a clergyman.

Thankfully, William Pitt, who went on to be Great Britain’s youngest prime minister, convinced him otherwise. In a letter to his dear friend, Pitt wrote: “Surely the principles as well as the practice of Christianity are simple and lead not to meditation only, but to action.”

And indeed, for Wilberforce, Christian faith meant action. He could not stand idly by and see the imago Dei of each person, the image of God, abused. His fiercely unpopular crusade against the slave trade ravaged his health and cost him politically. He endured verbal assaults and was even challenged to a duel by an angry slave-ship captain.

And when the French Revolution began, what had been merely an unpopular position became a dangerous one. As cries of liberty, equality, and fraternity erupted across the Channel, Wilberforce and his fellow abolitionists who believed so strongly in human equality were suddenly viewed with suspicion by the British people.

Nonetheless, Wilberforce persevered year after year. Writing about whether to give up the fight, Wilberforce notes, “a man who fears God is not at liberty” to do so.

What Christianity teaches is that every person in the world was made by God for the purpose of responding freely to him. Your job as a Christian is to help everyone who wants to freely respond to God to do so.