As mentioned in Non-Sequiturs last week, this story is why we can’t have nice things. Specifically, why lawyers make it so we can’t have nice things.
On Friday, the Washington Post reported that Georgetown Law had worked out how to bilk the federal government into fully paying for some its students’ tuition and managed to create a profit for itself on the side. This is caused a bit of a stir Friday afternoon, but unfortunately the practice is neither new nor limited to Georgetown.
Though some tactics Georgetown employs may go beyond what any other school has the gall to attempt….
Ed. note: This is the latest installment in a series from Bruce MacEwen and Janet Stanton of Adam Smith Esq. and JDMatch. “Across the Desk” takes a thoughtful look at recruiting, career paths, professional development, human capital, and related issues. Some of these pieces have previously appeared, in slightly different form, on AdamSmithEsq.com.
There seems to have been a spasm an unusual concentration of articles recently advancing the theory (I generalize) that all is well in BigLaw and that in fact even the universally acknowledged cost/benefit mismatch of a J.D. degree is mistaken.
Regular readers know that I’m the last person to be apocalyptic about the legal industry writ large, but I also would like to believe I apply rigor in analysis and tough love in attitude, so when sloppy happy talk comes front and center. I feel compelled to respond.
Law schools first. I haven’t really entered the “Law school NPV—positive or negative?” debate, and I don’t plan to start. It’s of enormous import on many levels, from the tragic human toll to the socioeconomic policy questions it raises. It’s simply a bit far afield for me to give it the attention it deserves. And I’m not going to do a half-baked job. Still, for the yin and yang of this debate, I refer you to (first pro and then con):
If liberals are to be true to our professed values, we must critically examine our own conduct, however painful and embarrassing it might be. We cannot speak truth to power yet not to ourselves. [P]rogressive law professors, I charge, have profited from a system of legal education with harmful consequences to individuals and society — while claiming (and believing) that they were fighting the system.
* In America, we’re trying to get official recognition for gay marriage. In Scotland, they’re trying to get official recognition for weddings performed by Jedi Knights. Please, by all means, proceed to stroke each other’s lightsabers over this exciting nerd news. [Volokh Conspiracy]
* Oh my god, this is something I’m definitely going to have to sit down and read, it looks so salacious and — oh. *eyeroll* This just in from the subtitle letdown department…. [Overlawyered]
* A political consultant in Nebraska apparently got himself fired because he called Sen. Danielle Conrad a C-U-Next-Tuesday on his Facebook page. That was way harsh, Tai. [Jezebel]
* Click here to listen to Professor Brian Tamanaha and Dean Lawrence Mitchell talk about rethinking the future of legal education. Tamanaha thinks the tuition is too damn high, whereas Dean Mitchell simply thinks that “life is expensive.” Not even kidding, he really said that. [Associate's Mind]
* At Target, you can definitely expect more and pay less, but that’s probably because your money’s allegedly being stolen out of the cash register. [Legal Juice]
* And just because I love just about everything that Lindsay Lohan does because she’s the hottest of all messes, here’s a timeline of her mug shots ranked in order of her sex appeal. I love that we live in a world where such a thing actually exists! [Gawker]
In Professor Paul Campos’s new book, Don’t Go To Law School (Unless) (affiliate link) — a book I’d recommend to anyone thinking seriously about law school — he shares an email from an individual who, after much research and thought, decides to enroll in law school. The email sheds some light on why people continue to sign up for law school despite all the warnings (from folks like Professor Campos, my colleague Elie Mystal, and many others). The law student writes:
[Prospective law students] think: debt doesn’t matter. There is no penalty for defaulting on the debt, except the relinquishment of the privileges of an advanced financial life. . . Students evaluating the horrible deal in question believe they have no access anyway to those privileges (e.g. a retirement account, a home purchase, a start-up business). For the student in question, all law school has to do is provide some potential benefit, and it becomes a rational choice.
After acknowledging that “[t]here’s a lot of force in this line of argument,” Professor Campos tries to refute it, basically arguing that many who go to law school based on such reasoning are “making a difficult situation worse.” But maybe the argument is not so easily refuted.
After all, what else are you going to do with yourself? Before you criticize law schools and those who matriculate at them, please familiarize yourself with the grim economic realities of twenty-first century America….
It’s already tomorrow somewhere, and things seem okay.
* I’m happy to have spent this last day on Earth with you. And with professors Paul Campos and Brian Tamanaha telling you how law school is a raw deal. [HuffPost Live]
* Meanwhile, Seton Hall will be offering a tuition “discount” to students based on merit. Which is really just what a lot of law schools have been doing to try to fill seats as people become more aware of the problems with legal education. [National Law Journal]
* I didn’t know there were freaking idiots out there who thought that Israel had more lax gun laws than we do. But they don’t. Because Israelis like being safe. [Huffington Post]
* And if you think more lax gun laws in Russia would make the murder rate there go down, you are probably the kind of dumbass who thinks you can look into Putin’s eyes and see his soul. [Atlantic]
* So when former U.S. Olympian Suzy Favor Hamilton admits to it, it’s called “prostitution,” but when we’re doing essentially the same story about Ryan Lochte in 10 years, we’re going to call it “sex addiction” or something. [Chicago Tribune]
As we reach the end of the year, it’s time to step back and assess 2012 as it draws to a close. In the legal world, things have certainly changed from years past, but the one thing that remains constant is the focus on the state of our nation’s legal education. Something’s got to give, and while no one agrees exactly on what needs to change, many have influenced the way the discussion has developed with their insightful visions for the future.
At the end of the day, certain voices were more powerful than others. Whether through reducing class sizes or increasing the transparency of employment statistics, certain individuals have wrought substantial change in the way that law schools are currently operating — and have laid the groundwork for how law schools will be run in the future.
Whose words mattered most? Let’s take a look at this year’s most influential people in legal education….
The main audience of the U.S. News Best Law Schools rankings is not meant to be law schools or law school deans—and the rankings should not be a management tool that law school administrators use as the basis for proving that their school is improving or declining. The rankings are produced primarily for prospective students as one tool to help them determine the relative merits between schools they are considering.
The evolution of relationships between the genders continues. Currently, in law firms, there is an interesting conundrum; balancing the desire for a gender-blind workplace where “the best lawyer gets the work and advances” and the reality of navigating the complicated maze created by the fact that, in general, men and women do possess differences in their work styles. These variations impact who they work with, how they work, how they build professional connections and how organizations ultimately leverage, reward and recognize the talents of all.
Henry Ford sat on his workbench and sighed. A year earlier, he had personally built 13,000 Model Ts with his own hands. Fashioning lugnuts and tie rods by hand, Ford was loath to ask for help. Sure, there were things about the car that he didn’t quite understand. This explains the lack of reliable navigation systems in the Model T. But Ford persevered because he knew that unless he did everything, he could not reliably call these cars his own.
“Unless my own personal toil is responsible for it, it may as well be called a Hyundai,” Ford remarked at the time.
The preceding may sound unfamiliar because it is categorically untrue. And also monumentally stupid. Henry Ford didn’t build all those cars by hand. He had help and plenty of it. Almost exactly one hundred years ago, Henry Ford opened up the most technologically advanced assembly line the world had ever seen. Built on the premise that work can be chopped up into digestible pieces and completed by many men better than one, the line ushered in an age of unparalleled productivity.
Today, an attorney refers business because he can’t do everything the client asks of him.
There are three reasons why this is way dumber than a made-up Henry Ford story…
Ed. note: The Asia Chronicles column is authored by Kinney Recruiting. Kinney has made more placements of U.S. associates, counsels and partners in Asia than any other recruiting firm in each of the past six years. You can reach them by email: [email protected].
Since late last year, things have been booming in Hong Kong / China in cap markets, especially Hong Kong IPOs. M&A deal flow has recently been getting a bit stronger as well. Although one can’t predict such things with any certainty, all signs are pointing to a banner entire 2014 for the top end US corporate and cap markets practices in Hong Kong / China. This is not really new news, as its been the feeling most in the market have had for a few months now and things continue to look good.
The head of our Asia practice, Evan Jowers, has been in Hong Kong for about 10 days a month (with trips every other month to both Shanghai and Bejing) for the past 7 months, and spending most of his time there meeting with senior US hiring partners at just about all the major US and UK firms there, as well as prospective candidates at all associate levels and partner levels, and when in the US, Evan works Asia hours and is regularly on the phone with such persons, as our the other members of our Asia team. Our Yuliya Vinokurova is in Hong Kong every other month and Robert is there about 5 times a year as well. While we have a solid Asia team of recruiters, Evan Jowers will spend at least some time with all of our candidates for Asia position. We have had long standing relationships, and good friendships in some cases, with hiring partners and other senior US partners in Asia for 8 years now.