Proposal for More Practical Legal Education Gains Support within American Bar Association

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A forthcoming proposal to enhance the practicality of legal education is gaining momentum within the American Bar Association (ABA). The ABA’s branch overseeing law schools is actively developing a proposal to increase the number of experiential credits required for graduation. These credits would encompass clinics, externships, and simulation courses designed to immerse students in hypothetical legal scenarios, providing them with hands-on experience in real-world legal matters.

Council Support and Discussion

Members of the ABA’s Council of the Section of Legal Education and Admissions to the Bar expressed widespread support for a more hands-on approach during a recent Friday discussion held at their quarterly meeting in Dallas. The council is refining the proposal’s details, with plans to solicit additional input from various law schools.

University of Oklahoma law professor Carla Pratt, a council member, emphasized the potential positive impact on practicing lawyers, stating they would be “thrilled” by this effort. Despite some incremental improvements over time, Pratt noted that there is still a prevalent sentiment among practicing lawyers that law school graduates are not adequately prepared for the practical aspects of their profession.

  

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Lagging Behind Other Professions

Chair of the working group responsible for developing the proposal, Mary Lu Bilek, highlighted on Friday that legal education significantly lags behind other professions in required experiential credit hours. The ABA only introduced a practical learning requirement in 2014, mandating a minimum of six credits of experiential coursework for every student.

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Three Potential Updates

The working group presented three potential updates during the recent discussion. The first proposal suggests increasing the minimum experiential credits to 15. The other two proposals involve raising the minimum to nine credits, either with or without a limit on the number of simulation credits that can be applied.

Balancing Concerns

Bilek acknowledged the financial challenges of live-client clinics, which typically enroll fewer students than traditional lectures or seminars. The working group also knows that elevating the experiential requirement might reduce the number of elective courses available to students. Moreover, there is a concern that it could impact bar performance by limiting classes covering tested subjects. These concerns are among the topics the working group plans to explore further through surveys targeting law schools and faculty.

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Survey Insights

A prior survey conducted among law schools revealed that 57% of respondents favored an increase in the experiential credit requirement, with nine credits emerging as the most popular option. The survey results provide valuable insights into the prevailing sentiments within the legal education community regarding the proposed changes.

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