Law Schools Agree: There Are Too Many Law Schools

A chance to look behind the curtain and find out what law schools really think.

Legal Education Concept - Magnifying Glass.Finally, we get a chance to look behind the curtain and find out what law schools really think. These seemingly inscrutable actors have tremendous pull on the overall direction of the legal profession, but, hidden behind a veil of bureaucracy and academia, observers are often left to reverse engineer their motivations and opinions. But no more, finally they speak.

Well, sort of. Kaplan Test Prep conducted a survey of law school admissions officers, and participation was high:

For the 2016 survey, 111 of the 205 American Bar Association-accredited law schools were polled by telephone between August and September 2016. Included among the 111 are 12 of the top 25 law schools, as ranked by U.S. News & World Report.

So, what exactly did they say? Here’s the big one: 65 percent of schools surveyed agree it “would be a good idea if at least a few law schools closed.” I suppose none of the schools that answered in the affirmative think their institution should be the one that is shuttered. At a time when law schools are said to be in the midst of a “brain drain” with high quality potential applicants eschewing the law school life, this provides some valuable insight. It seems most schools recognize just because a student has the ability to take on educational loans for law school doesn’t mean they should be going to law school. Churning out graduates for the sake of the churn doesn’t benefit the profession.

Despite this welcomed bit of realism, another data point suggests that even though they recognize more law students for the sake of law students isn’t always a good thing, getting schools to do something about it is more challenging.

24 percent of law schools cut the number of seats for their 2016 class of first-year students, lower than the 35 percent who reported doing so for the 2015 class of 1Ls and and the 54 percent who did for the 2014 class.

Law schools also expressed dissatisfaction with their accrediting body:

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Additionally, 52 percent support a recent recommendation by the National Advisory Council on Institutional Quality and Integrity to the U.S. Department of Education, which was ultimately rejected, that the American Bar Association be stripped of its ability to accredit new law schools for a period of one year.

May we suggest an alternative?

But overall, schools think things are looking up. Optimism is on the rise, with 92 percent saying they are “more optimistic about the state of legal education” than a year ago. The corollary to that optimism is that 78 percent of respondents expect an increase in applications for the 2016-2017 application cycle compared with just 46 percent that thought that in the 2014 Kaplan survey. I’m sure rising associate salaries have nothing to do with this renewed interest in being a lawyer.

It might even seem like the legal industry is in a full-fledged recovery from the hit it took after the Great Recession. Jeff Thomas, executive director of Kaplan pre-law programs, agrees but he’s also caution about the rebound:

Law schools are in the midst of what we might call a fragile application and financial recovery. We see cautious optimism, but by no means are they roaring back to life, so opening additional law schools could set things back by contributing to a job market saturated with too many lawyers looking for a limited number of jobs. The good news for pre-law students is that the data shows that the worst of the law school application crunch and job crisis is likely over, but we encourage aspiring attorneys to be thoughtful about what they want from law school and what that want to do with their degree.

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Indeed, in conversations Thomas is doubtful law schools will ever truly return to the roaring good times of 2008. He noted that, historically speaking, law school was regarded as a safe place to wait out economic downturns, but that isn’t true anymore. The Great Recession had such a profound impact on the legal industry and the resulting landscape has changed so much, that law school is no long perceived as the “safe bet” it once was.

While the legal industry may never again reach “golden age” heights, it is comforting to know the nadir may be left behind. Now, if only we could do something about all those extra law schools…


Kathryn Rubino is an editor at Above the Law. Feel free to email her with any tips, questions, or comments and follow her on Twitter (@Kathryn1).