Brian Dalton & Elie Mystal

Posts by Brian Dalton & Elie Mystal

Recently, a solo practitioner somewhere in the Midwest posted on Facebook about her “incredible” annoyance at the fact that the ATL Law School Rankings do not count solos (and therefore her) as part of a school’s “employment score.”1

That’s unremarkable, of course. We don’t expect or intend that our approach will please everybody. Anyway, the resultant comment thread was, for the most part, a thoughtful discussion of the pros and cons of excluding solo practitioners in evaluating a particular law school school class’s employment outcomes. Again, all of this is unremarkable, and — especially considering the ATL rankings were published back in April — hardly worth noting now. But one particular commenter really, seriously disliked the ATL rankings methodology. Before you say “so what?” (or “me too”), consider the commenter is indisputably one of the most influential law school deans in the country. Not only that, this dean made a “suggestion” in the course of the discussion that, if it were adopted, would be a game changer for how law schools would share employment data….


1 It must be noted that the solo did not read or did not understand our methodology in the first place. Our employment scores measure the most recent class ten months after graduation. She only recently began her practice. Prior to that she worked for a couple years as a public defender, a job that would have been counted under our formula.

double red triangle arrows Continue reading “ATL vs. Law Dean vs. Common Sense”

This is the time of year, every year, where most of us pause and reflect a bit on the past year, the year ahead, and what really matters anyway (see, e.g., this guy). And with the horror and pain of last week still fresh, this need for reflection is bound to be more pronounced.

Many thoughtful people are urging serious reflection on the part of the legal industry about how to address its basic structural problems. Not to put too fine a point on it, but does anybody disbelieve that the industry — both its educational and professional wings — is facing a sort of existential crisis? As has been endlessly rehearsed here and elsewhere, the cost of legal education is, for most, completely, utterly out of whack with the potential ROI. And longstanding assumptions underlying the business model of law firms are being challenged by technological advances, commoditization, and the growth of LPOs.

One concept threading through any discussion of the legal industry is this nebulous thing called “prestige.” Generally speaking, lawyers as a group dislike uncertainty, and “prestige” serves as a sort of organizing principle, letting everyone know where they stand. For instance, the U.S. News “T14” shows no sign of ever being shaken up. And the Biglaw hive mind consistently orders firms in precise ways. The Vault rankings are remarkably stable from year to year, to such a degree unlikely to be attributable to some self-reinforcing cycle caused by the rankings themselves. An arbitrary and typical example: Schulte Roth, which came in at #77 overall in 2010, ranked 80, 77, 76, and 82 over the previous four years. Another: Alston & Bird, which came in at #55, ranked 57, 61, 59, and 57 over the same period.

But apart from its role as a social validator or organizer, this idea of “prestige” can be used as a dubious metric in driving some truly momentous decisions. Law students make hugely important career choices based on little else but the Vault and U.S. News rankings. Some law schools lie in order to game the U.S. News rankings. It is at least partially underlying Dewey & Leboeuf’s push to join the more rarefied ranks of the S&C’s and Cravath’s. (Meanwhile, the ATL commentariat goes beserk at the slightest whiff of “TTT” anywhere within its sights.)

After the jump, let’s hear from a couple disparate sources about the baleful effects of prestige-obsession on the legal industry, and then let’s have the Harvard guy defend it….

double red triangle arrows Continue reading “Against Prestige”

Last week, you might have noticed a pop-up asking you to participate in our straw poll of potential Republican nominees. You were only supposed to see it once — if you saw it more than once, it’s because you hate cookies.

The poll was put together by a new member of our Above the Law team. Please welcome Brian Dalton, the new Director of Research at Breaking Media. He comes to us from Vault.com, where he was Director of Research & Consulting. Dalton will be putting together information for us at a statistically significant level. He’ll be telling you guys how you think.

With over 1,000 responses, we’re able to call the GOP primary and crown the lawyers’ choice among the candidates. Breaking news: it’s not Mitt Romney!

Well, I mean, Romney’s gonna win. Everybody knows that. But the guy lawyers want to win is very interesting. I’ll let Brian explain….

double red triangle arrows Continue reading “Above the Law Research Poll: Lawyers Pick Their Republican Nominee”

Page 1 of 212612345...2126