Last Thursday, when the jury decided 9-3 for Thomas Jefferson in Alaburda v. TJSL, I was upset but not surprised. And it’s not because judges dismissed similar lawsuits in other states. Most of the internet commenters were unsympathetic and some were even downright mean towards Anna Alaburda. When the news of the verdict hit the internet, the commentators were celebrating the decision.
From the moment the lawsuit began five years ago until the trial, commenters were critical of Anna. They called her an entitled millennial (even though she was 37 years old, which really makes her a Generation Xer) who was unwilling to work hard and pay her dues. Hardly anyone openly defended Anna. Very few talked about whether the school was at fault for using misleading employment statistics to attract students. And those who did didn’t seem to care. So I had a feeling this was going to be in the jury’s minds as they deliberated. And I knew that the jury was likely to vote against her. They just needed a legitimate excuse to do it.
Based on one juror’s post-trial comments, it seems that jurors bought the argument that Anna paid only for a law degree, even though the price tag for each law school is different based on the applicant’s GPA and LSAT score. And the jury knew that a graduate of the higher-ranked University of San Diego School of Law would have a better chance of finding a job than a TJSL graduate. The jury also apparently believed that she wasn’t harmed because she was offered a $60,000 per year legal job even though it is not clear what kind of job this was. There was no expert witness who can explain to the jury that for someone like Anna, choosing the wrong first job can have severe long-term career consequences, even for someone who graduated with honors.
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Interestingly, a day before the Alaburda verdict, a judge in San Francisco issued a $1.2 billion judgment against Corinthian Colleges. California Attorney General Kamala Harris was involved and similarly charged the now-defunct Corinthian with “providing untrue or misleading statements about graduates’ job placement rates, duping both students and investors.” The internet commenters there were more sympathetic towards the students, calling for the shutdown of the scam of for-profit schools, as well as for forgiveness of the students’ loans.
Why is the public celebrating the defense verdict in the TJSL case while sympathizing for the Corinthian students?
First, the public generally hates (and is scared to death of) lawyers. They get a sick sense of pleasure to see one fall from grace and suffer. They then laugh at her misfortune. Welcome to the profession, noobs.
Second, some people use this opportunity to feel self-righteous and smug. It’s a way for them to attack lawyers’ perceived arrogance. Some of the commenters give a summary of their own life stories, humblebragging about the hardships they faced. Others give the platitudes we’ve heard over and over again. But it seems like they are less interested in giving advice and more interested in projecting.
These people usually end up being hypocrites, particularly when it comes to their children. They talk a big game about how they were self-made and relied on no one while growing up in the ghetto. But I seriously doubt they will downgrade their lifestyle in order to teach the same values to their children.
So to those who are celebrating this verdict, cut the crap and tell us how you really feel. These lawsuits won’t happen again anytime soon, so there is no need to hold back. Does the defense verdict make you feel superior? Do you feel better about your lives by seeing someone else suffer?
Yeah, the judges and jury say they are sympathetic to Anna, and recent law school graduates like her. But it would mean something if judges can order Sallie Mae, Access Group and Navient to accept sympathy as payments. And maybe some colored ribbons too.
As for TJSL, while they won the battle in court, they lost the war. While the school avoided having to pay the $125,000 that Anna was asking for, the unfavorable national publicity will cost them more than that. At least five full-tuition-paying applicants will enroll elsewhere. Also, some current TJSL students will demand a substantial tuition discount, or they will finish their studies elsewhere as a transfer or visiting student.
Unfortunately, this verdict and others like it allow law schools to report whatever they want and get away with impunity. They are not remorseful. They are breathing a sigh of relief.
You don’t believe me? Wait a while. In a few years, when all of this is forgotten, a maverick law school dean or admissions officer seeking promotion and fame will find a way to raise his school’s rankings. It might involve trapping certain little bastards in order to game the LSAT score requirement. Next, the school will start to manipulate the school’s employment rate again, but do it slowly and gradually so no one finds out. If this works, other schools will follow suit. And it will likely be years before the ABA finds out and even longer before they do anything about it.
But I’m not going to lose sleep at night over this. I have no stake in the outcome. I graduated at a time when student loan interest rates were laughably low. Finally, I do not have the same sympathy for those who enroll in law school today with all of the information available to them.
My dear Anna, I and many others want to say thank you. If we ever meet in person, I want to give you a big hug. The legal community will have differing opinions as to whether the jury made the right decision. But we should all be grateful to you for publicly taking a stand and exposing the corruption in the legal academy, exposure that has resulted in meaningful reforms in how law schools report their employment figures. I hope that one day, a reputable law firm with vision and an appreciation for justice will take you under their wing. But until then, hold your head up high with dignity.
Earlier: The Fall Of Systemic Deception At Law Schools
Understanding The Alaburda v. Thomas Jefferson Law Verdict: A Conversation With A Juror
Verdict Reached In The Alaburda v. Thomas Jefferson Law Landmark Case Over Fraudulent Employment Statistics
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 [email protected] and via Twitter: @ShanonAchimalbe.