Law Professors, Law Schools

Understanding The Law School Loyalists

What does the Revolutionary War have to do with the current war over legal education? Thoughts from columnist Shannon Achimalbe.

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Most ATL readers should be familiar with a protest movement that took place around this time a number of years ago. It famously began when a small group of dissidents anonymously but harshly expressed their grievances against the status quo and its leaders by accusing them of various wrongdoings, including enriching themselves at the expense of their constituents. Later, the protestors’ message spread to the mainstream media and gained support from the public. The powers that be lost credibility among the ruled; conflict ensued, and eventually they lost their power and influence. When the dust settled, a new world order began.

Am I referring to the “Law School Scam” movement? No. I was referring to the American Independence movement. It had its beginnings with the Boston Tea Party and reached its climax on July 4, 1776. On that day, the Founding Fathers signed the Declaration of Independence, thereby establishing the United States of America. Now these two events had very little similarities to each other. But in the spirit of celebrating Independence Day and reflecting on an important piece of American history over the weekend, I wanted to learn about and understand the little-known sympathizers of the status quo from both movements.

The Loyalists

The Loyalists were American colonists who supported the British Empire and opposed the Patriot rebels. It is estimated that 20% of American colonists were Loyalists to some degree. There may have been more because others supported the British quietly.

One faction of Loyalists were motivated by self-interest. These peoples’ livelihoods – often powerful and lavish – were dependent on the British Empire. Some worked for the British. Others were businessmen with British clients. Or they were appointed by the British to powerful government positions. Some Loyalists were black slaves who were promised freedom and compensation in exchange for fighting alongside the British. Others were just fearful that the British Army was too powerful to resist.

Another faction of Loyalists did not like the British but supported them only because they were suspicious of the Patriots or hated them even more. These people were established and were resistant to change. They wanted to take a neutral or moderate position and were angry when the Patriots forced them to declare their opposition. They resented the Patriots resorting to violence and public humiliation to achieve their goals. They thought that if the British were overthrown, the colonies would be subject to mob rule.

When the Revolutionary War ended, many Loyalists stayed in America and became citizens of the new country. But some Loyalists left and were forced to relinquish property they acquired in America. The wealthier Loyalists moved to Great Britain. Others moved to Canada, the Caribbean Islands or to Spanish Florida (which did not become a U.S. state until 1845). A small number of expatriates returned to America after finding life overseas difficult.

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I wonder if the Loyalists congregated at the local Ye Olde Tavern complaining about the Patriots’ sense of entitlement, their constant victim mentality, their unwillingness to gain experience by volunteering for slave duties alongside the colored folk, and their failure to network with other colonists, the British or those savage Indians who need access to justice services. But I digress.

The Law School Loyalists

Similarly, when recent law school graduates, their parents and journalists began to rebel against the questionable behavior of law schools, there were sympathizers of the status quo who I will call the Law School Loyalists.

Some of these Law School Loyalists supported the status quo because federal student loan money paid their salaries. These are the law professors and law school administrators. Some of them are in denial and continue to sing the praises of paying $150,000 for a legal education. Others know that change is coming with financially dire consequences, so they are doing everything they can to postpone the inevitable.

But there is another faction of Law School Loyalists. This group agrees that legal education needs reform. But they would rather support reforms from the current leadership (even if they do it slowly and reluctantly) rather than have the terms of reform dictated by anonymous, irreverent, and vitriolic bloggers, along with the bloggers’ mainstream supporters. These Loyalists think that giving into the bloggers would be tantamount to letting the inmates run the asylum and would further deteriorate the prestige and dignity of the legal profession. I think curmudgeons are the majority of this faction. However, I am aware that some of them write mean-spirited articles and tweets solely to generate marketing clickbait.

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I am assuming that meaningful legal education reform will require law schools, along with their faculty and staff, to shrink. What will then happen to the Law School Loyalists? Will they lose everything they worked for? A popular meme is that law professors reject multiple partnership offers from major law firms on a daily basis. While this may be an exaggeration, I sincerely believe that law professors have a lot of decent exit options, although most of them require working longer hours than they are accustomed to. Young and mid-career faculty will probably be able to find other jobs within a reasonable time. Older faculty might seriously consider retiring and reminiscing about the good old days.

The curmudgeons have to earn a living so they will continue with business as usual. They will have to adapt to the new normal but they will be fine because most solos and small firms tend to have an easier time adapting. Since the supply of young lawyers will shrink, if they want to hire an associate, they will have to pay better or at least provide more-humane working conditions.

Like the American Loyalists in the Revolutionary War, the Law School Loyalists are defending a lost cause. Since they are likely to be fine no matter what happens, they should help implement reforms so that the graduates of tomorrow will have it easier than us.

Shannon Achimalbe was a former solo practitioner for five years before deciding to sell out and get back on the corporate ladder. Shannon can be reached by email at sachimalbe@excite.com and via Twitter: @ShanonAchimalbe.

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