Over the weekend, the New York Times unleashed a feature article about the role of the American Bar Association in keeping the cost of legal education absurdly high. The school profiled in that article, which we talked about yesterday, was Duncan Law School, which was seeking provisional accreditation from the ABA.
The article, by legal academia bête noire David Segal, came out in print on Sunday. Everybody talked about it on Monday. And today, on Tuesday, the ABA denied Duncan its provisional accreditation.
Boom. Roasted.
That’ll teach these law schools to get chatty with the mainstream media about this little legal education cartel they have going here…
[A] law school could literally burn a huge sum of money and, as long as the flames were meant to teach something to the students — the craziness of the U.S. News algorithm, perhaps? — the school would benefit in the rankings.
I’m really enjoying the newfound interest from the New York Times about the state of legal education. Times reporter David Segal seems genuinely interested in recording the growing tragedy of American law schools.
Concern from mainstream media is great, but the proposed solutions are a little bit scary. Last month, Segal Slate explored the possibility of paying people to not go to law school.
As we mentioned in Morning Docket, Segal is at it again. This time, he’s questioning the American Bar Association’s role in keeping the cost of legal education so high. Unfortunately, the solution seems to be letting everybody who wants to open a law school do so.
Is it worth pushing down the price of legal education by offering really crappy legal education?
* It’s about freakin’ time. Guess who’s jumped on board the ever popular “blame the ABA” bandwagon? None other than David Segal, the New York Times equivalent of the law school scam blogger. [New York Times]
* Newt says that as president, he’d ignore SCOTUS decisions. Raise your hand if you want to elect someone who doesn’t understand our government’s system of checks and balances. [Los Angeles Times]
* Remember that time you applied for the DOJ Honors Program? You were probably rejected because you were a damn, dirty, liberal hippie. [CNN]
* “We are the 99 percent.” You know that our country is circling the drain when even Yale Law thinks that the Occupy Wall Street movement coined 2011′s quote of the year. [ABC News]
Back in October, we brought you the news that Jesse Strauss and David Anziska intended to sue 15 more law schools over their post-graduate employment rates, in addition to their already pending class action suits against Cooley Law and New York Law School. As mentioned during their October 5 media conference, Team Strauss/Anziska will not sue a law school unless they are able to gather three named plaintiffs to represent the class.
Now that it’s mid-December, we’re still waiting for these lawsuits to be filed. What’s the hold up? These crusading lawyers say that they are ready, willing, and able to sue all 15 law schools, but there’s just one teeny, tiny problem. Here’s where our loyal readers come in.
Are you a disgruntled law school graduate? Did you rely on your law school’s employment data, only to find that you are now unemployed or unemployable, despite your law degree?
If so, then consider heeding this call, if you want to help crowdsource a lawsuit against what Anziska calls the “law school industry cartel”….
* DLA Piper is blaming the Occupy Wall Street movement for Biglaw’s sad, 2011 bonus season. It looks like we can expect a Cravath match from that firm. [Thomson Reuters News & Insight]
* This Senate victory for gay servicemembers came with unintended consequences. It’s now kosher to have sex with men, women, and everything else under military law. [Washington Post]
* Prosecutors will be seeking the death penalty against Stephen McDaniel. If being drawn and quartered were an option, maybe this medieval scholar wouldn’t mind so much. [Macon Telegraph]
* Bueller? Bueller? Bueller? Although Ben Stein is the keynote speaker at this year’s ABA Techshow, legal tech nerds will likely be unable to win his money. [ABA Journal]
* Close, but no cigar? The ABA has updated the way that it will collect graduate employment and salary data from law schools, but the new method could still use a few tweaks. [National Law Journal]
* British barristers behaving badly: Kevin Steele, a former Mishcon de Reya partner, was convicted of fraud and forgery charges in connection with a $28M loan scam. They don’t serve tea and crumpets in jail. [Legal Week]
* Joshua Monson, the serial defense attorney stabber, was in court yesterday for sentencing. Still no word on whether he was wheeled in on a Hannibal Lecter-esque gurney to prevent more stabby behavior. [CNN]
* No, Ophelia, when you’re a transgender prisoner in Virginia, the state is not going to pay for your sex change operation, no matter how many courts you appeal to. [Houston Chronicle]
* Will Rima Fakih, 2010′s Miss USA, have to do jail time in Michigan for reportedly being a “super-drunk”? Check back after we get the results from the swimsuit competition. [MLive.com]
Here’s a puzzle for you. What decade am I discussing in the following paragraphs?
I’m doing something a little different here. The entire text of this column appears before the jump. I’ve hidden only the citations after the jump. Ponder while you read these paragraphs when the source materials supporting these words were written:
The excessive cost of legal services is not a function of the economy that will abate as the recession finally fades. In the words of one recent report, “Don’t fool yourselves that when the recession passes things will return to normal.” That report quoted the general counsel of a major financial institution as saying, “The way we are now is the way it is now, not a temporary situation . . . . [I]n the [decade omitted] we’re going to see straight hourly billing die.”
Surveys confirm the concerns about the high cost of legal services. For example, in a [year omitted] general counsel survey conducted by [the firm you know as PriceWaterhouseCoopers], a majority of the 350 respondents agreed that “legal fees have gotten out of control and are crippling businesses,” and pressure to reduce costs was a “major theme” of the survey responses. Surveys of corporate law departments conducted by Endispute, Inc. in [two years omitted] reveal that a third of the respondents faced actual cuts in their legal budgets and that, as the size of the legal departments increased, so too did the pressure to reduce legal costs. A [year omitted] Louis Harris survey of executives and legal officers of Fortune 500 service corporations reveals cost containment as a top priority for law departments, and a survey of major corporate clients in the United Kingdom demonstrates that this is now a worldwide issue.
The pressure to move away from standard billing, based on the billable hour, is likely to increase. Indeed, [name omitted], the recently appointed general counsel of [company name omitted], is leading an intense campaign to adopt alternative billing mechanisms. Her efforts have been broadly publicized and resulted in a highly visible panel at the [year omitted] ABA meeting.
In what years did these things occur? What decade are we discussing? And who the heck was the recently appointed general counsel of what company? Those citations and more after the jump….
* Law school debt increased by $475M between 2008 and 2010. Grab a raincoat, because this bubble’s going to burst soon, and it’s not going to be pretty (except for Cooley Law; they’ll be rich). [Am Law Daily]
* UC Berkeley: “We never like to hurt our students.” Yeah, apparently that’s what the police are for. Occupy Berkeley protesters are suing the school over police brutality allegations. [Huffington Post]
Law schools have faced an incredible amount of public scrutiny this year. Three law schools — Thomas Jefferson, Cooley Law, and New York Law School — are facing lawsuits over their allegedly deceptive employment statistics. Fifteen more lawsuits of the same variety may be filed soon. Three senators have demanded action from the American Bar Association, but the response has been lacking.
And in the face of all of this public ridicule, the ABA’s Section of Legal Education declined to ask questions pertaining to employment in legal jobs in its 2011 questionnaire. Apparently the powers that be at the ABA have adopted a honey badger policy with regard to questions of post-graduate employment data (i.e., don’t care; don’t give a sh*t).
So, what’s the next step in this process? Is there a Senate hearing in the works?
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The last time I flapped my wings your way, I tried to make at least enough noise about your mobile phone to make you more than a little bit uncomfortable. I hope I did. If enough of us become anxious enough about the known and unknown unknowns and knowns in our mobile phones, then we can start making wise decisions about how to manage that information and its resultant investigations.
Today, I’d like to put a finer point on the last installment’s topic by asking a question that seemed to catch most attendees off-guard at a conference panel that I moderated last week: is there discoverable personal information in a mobile app? Our panelists’ answer was a uniform “yes” with one stating that, if he had to choose only one type of data that he could discover from a mobile phone, he’d choose app data. Why? Because there’s simply so much of it and because almost all of it is objective – not just user-created like an email – but machine-tracked like GPS, usage duration, log in and log out times, browsed web addresses, browsed actual addresses. Also, most of us seem to have the idea that data doesn’t actually “stick” to our mobile devices the way it “sticks” to our hard drives. Maybe there’s a disconnect based on the fact that our phones are mobile so we assume the data is mobile to?
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