American Legal Education and Professional Despair
- David Frenchensp;
Lawyers are among the most unhappy, least respected wealthy people in America.
Unhappy? At any given time, roughly 19 percent of lawyers suffer from depression, a rate almost triple that of the general population.1 Lawyers are twice as likely to suffer from drinking problems, with 20 percent afflicted.2 Numerous studies paint a picture of a profession besieged with high levels of stress, deep anxiety, high rates of suicide attempts, and deep discomfort with job choices.3
The anecdotes are equally vivid. An amusing animation describing the gap between the ideals of prospective law schools and the reality of law firm practice has soared to over a million YouTube views.4 The blogosphere is littered with popular websites dedicated to exposing the woes of the legal profession, and one canrsquo;t attend any significant gathering of lawyers without hearing endless lamentations regarding work hours, purposelessness, and money.
But by some objective measures, all this wailing is almost absurdly misplaced. The Bureau of Labor Statistics put the 2009 mean annual wage for the nationrsquo;s more than 550,000 lawyers at $129,020—and that was in the midst of a recession. The mean wage topped $150,000 in Washington, D.C., New York, California, and Delaware.5 If you asked untold millions of Americans if an annual salary exceeding $120,000 would materially contribute to their well-being, they would answer with a resounding “yes.” For a large percentage of lawyers, however, this substantial slice of the economic pie doesnrsquo;t come close to buying happiness.
There are, no doubt, many reasons for the morale crisis in the legal profession. After all, not many people like lawyers. In an annual Harris poll, law firms are in the bottom five institutions in public confidence (along with Congress, Wall Street, the press, and labor unions), with only 13 percent of the population expressing a great deal of confidence in the leaders of the legal profession. By contrast, military leaders inspire confidence in 59 percent of Americans.6
Further, many aspects of legal work are objectively stressful. Litigation is rife with conflict even in the most courteous jurisdictions, and trials are known to tax the endurance of even the most seasoned litigators. During my law firm days, wersquo;d schedule vacations after large trials, knowing full well that wersquo;d be utterly exhausted for days following the verdict (and inevitable post-trial motions).
Additionally, the type of people attracted to the legal profession may not be all that pleasant. At least one psychologist has noted that lawyers tend to be perfectionists and pessimists.7 This makes intuitive sense: perfectionists tend to do well in school, and they also possess the attention to detail necessary for good legal work, but pessimism is perfectionismrsquo;s inevitable handmaiden. We canrsquo;t be perfect, the system often fails, and constant exposure to the darker corners of humanity (after all, most people seek legal help only when something has gone wrong) leads to cynicism. As one veteran attorney told me my first week on the job, “The practice of law would be greathellip;if it werenrsquo;t for clients.”
Moreover, interacting with perfectionist pessimists can be difficult. In organizations, lawyers are often seen as hurdles to cross, not enablers in organizational success. “This will have to pass legal” becomes a statement of dread as lawyers rain on parades, scold clients for causing potential—not actual—problems, and generally act as the stereotypical schoolmarms of the present age, smacking with rulers anyone who strays beyond the lines.
But therersquo;s another culprit in legal despair, another force working in the hearts of young lawyers-to-be, a force with outsized influence in their future success but with seemingly minimal awareness of their looming professional reality: law schools.
In no other professional school is there a starker gap between the profession as practiced and the profession as taught. Not only does law school fail to prepare students for their professional life, it often actually sets them up for defeat and disappointment. In short, law school promises more than it can deliver financially, professionally—and perhaps most critically— emotionally. If lawyers are on a path to despair and disappointment, law schools put them on that path and give them a hardy shove down the way.
Fuzzy Finances
First, the finances. On January 8, 2011, the New York Times published a lengthy story that represents in-depth mainstream reporting at its best. Called “Is Law School a Losing Game?” the article lays out in devastating detail the changing financial landscape of modern legal education.8 On the front end, costs are skyrocketing. The U.S. News amp; World Report law school rankings indicate that even tier 3 and tier 4 schools are charging as much as $44,000 per year for tuition, with many schools charging well over $30,000.美国的法律教育和专业的绝望
但是还有另一个罪魁祸首是法律绝望,有一股力量在他们未来的成功有巨大影响,但似乎很少意识迫在眉睫的专业的现实:法律学校,另一种力量是工作的年轻律师。
但这巨大的支出代表一个好的金融投资吗?学校竭尽全力向学生保证。就业统计数据是极度夸大成功毕业。这些行为包括:
考虑到这种透明地统计方法上的缺陷,也就不足为奇了,至少有一个有影响力的评论家,印第安纳大学的威廉·亨德森毛雷尔法学院,称之为“Enron-type会计”。
在某种程度上,这种炒作是可以理解的,甚至可能是可以原谅如果法学院培养学生为即将作为律师,代表客户的专业挑战和他们的实际角色。
甚至那些选择律师事务所的生活,并寻求公益活动的学生,认为生活方式改善,并把法律公司——可以赚钱的地方——作为结束方式,一个必要的邪恶,更多永久性之前的暂时停止,一位理想主义的事业家。
这并不是说,公共利益律师不能完成重要的谈判——至少他们不能使婴儿步入一些近似正义的道路,在法学院专业意义上先进的视觉、难以名状的混乱和令人沮丧的现实之间的差距不能更大。
所以,我们和许多仅是因为他们是一些大学毕业的法律学生,如果有的话,最好的选择是,慢慢通过与世隔绝的法律职业本身,并在整个金融/专业/情感谱系,创建学生不切实际的期望法律教育。要做什么?
但从本质上说,这样的改革是遥远并且将出现在美国律师协会和每一个州的律师协会的失败局面上。然而,一系列的更现实的相对温和的改革,缩小学生、法学院和法律职业之间的差距。
第二,让法律教育更符合临床前和临床的医学教育模式,教育学校或学生的教学需求,对于紧随其后的实际的练习,在教室里的学习时间是必然。整个第三年法学院可能被有关广泛的法律问题的临床工作所取代。
康奈尔大学的法律,我的核心功能是向学生介绍法律实践。我尽我所能,一个完整的学年,向他们展示一个案例是如何研究的,投诉是如何起草,甚至指导角色扮演(特色-在一个例子中-我的妻子
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