Bernard A. Burk

If Socrates was a law professor today, he’d be telling prospective law students not to believe what the blogs say about hemlock.

One expects legal academics to use the Socratic method for teaching students. But when it comes to the subject of going to law school, many of them are engaged in pure sophistry. I think many of them felt insulated from the effects of the recession when only recent law school graduates faced challenging job prospects and non-dischargeable debt loads. But now that law school applications have dropped off, professors are starting to see the barbarians at the gate. For God’s sakes, junior faculty are getting layoff notices, and the ABA just voted to consider dropping tenure as a requirement for accredited law schools. Professors must know that this system of high tuition and no jobs for graduates can’t go on forever.

And so some of them are fighting back. No, not with real reform. But by doing what professors do best: making theoretical arguments largely detached from the realities on the ground. They’re on a public relations campaign of lip flapping, as if the entire crisis in legal education is a media fantasy. For my money, this concerted effort by law school types to fight the war in the press started with Lawrence Mitchell, but we’ve since seen too many bad studies and bad arguments to count.

Today’s entry isn’t even all that bad. This professor spends a large part of his paper detailing the decline of Biglaw hiring that is unlikely to come back any time soon. But at the end, he tries to sound a note of hope — a misleading note of hope — that once again seems to encourage students to go to law school without fully grasping the depths of the problem in the market for legal education…

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