What Innovation Is Needed For Law Students?

Just as we embrace technology in our everyday lives, we need to include it throughout our legal education to prepare attorneys to work with clients.

The Law School Innovation Index was recently launched and I checked it out for research on access to justice and law school reform. Over the past couple of years, while traveling and speaking for Evolve Law, I often referred to my own law school clinical experience as the best part of my legal education. Full disclosure: I earned my J.D. from Sandra Day O’Connor College of Law at Arizona State University (ASU Law) in December 2010 and will be starting an LL.M. this year. I believe we need to shift to include hands-on experience as a fundamental requirement for law students integrated with the latest technology to remain relevant.

Change within the law will not be disruptive, but rather the legal industry will continue to evolve. I have chosen the word industry over profession because part of the current challenge is the disparate views held by the various participants. Too many organizations are regulating in hopes of keeping their share of the market rather than innovating. From associations to law schools and government agencies, much activity takes place in silos and without consideration for the client. Many groups have stated goals of access to justice, yet they vehemently oppose alternative service providers, paraprofessionals, and outside investment.

Protectionism is a double-edged sword when dealing with such a large market as all US consumers and corporations. These clients can seek and have sought alternatives and therefore innovation appears to be a more sustainable path forward. As suppliers, law schools must change how they offer education, including technology.  The traditional Socratic model does not serve students well with actual clients.

However, as pointed out by the Law School Innovation Index, there is a difference between taking courses to be aware of technology and the associated relevant legal issues versus learning how to use technology within your practice or company. However, for the ultimate client, it’s irrelevant because they expect their attorney to be technically competent without this distinction. Therefore, I strongly believe that both are equally important and part of integrating innovation within education.

Looking at my own legal education from a consumer or client perspective, I learned black letter law the hard way, which is not helpful for the real world. After 1L and other bar-related classes, I had no idea how to be a lawyer. However, I was exposed to the practice of law through my clinic experience. The then Technology Ventures Clinic allowed me to work on real client projects, using the technology on hand in 2010. We did not have to imagine use cases for the technology or how to apply the law to a fact pattern because we had real live clients.

In 2008, when I started at ASU Law, we had a handful of clinics but our then Dean was focused on growing the offerings in terms of range and number. There are currently 10 clinics in addition to externships and I should point out that ASU Law was the first in the country to create a Center for Law, Science & Innovation (LSI) about 30 years ago. There are over 60 law, science, and technology courses that are taught by over 40 faculty fellows. At ASU Law, innovation and technology is integrated into the education.

Just as we embrace technology in our everyday lives, we need to include it throughout our legal education to prepare attorneys to work with clients. Every client will expect their attorney to use the latest technology within their practice, plus understand the legal implications of the latest innovations in science and technology. Both are critical to the survival of the profession.

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A final word on learning. Taking classes to merely talk about legal technology that will be used by lawyers is not as effective as a hands-on clinical or firm experience. It’s like learning a new application or program by watching a video and never actually using it. I remember learning a database program but I had no real use for it, so never ever used it again.

Law schools should provide clinics and other placements to allow students to experience the practice of law. In addition, given that many students will become business owners, a course on accounting and office management, including technology, should be offered in 3L year. If you look at the Washington State paraprofessional course requirements, the Law Office Procedures and Technology class is mandatory. Any business classes should be taught using the case approach rather than Socratic or theoretical.

Vanderbilt Law’s Program on Law and Innovation’s upcoming April 30th event, the Summit on Law and Innovation (SoLI): Building Connections, Breaking Down Silos, will address some of the above issues head-on. I am honored to speak and excited to connect with others about this topic. Reach out to me on Twitter @maryjuetten. #onwards


Mary E. Juetten

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Mary E. Juetten lives on the West Coast, holds a J.D., and is both an American and Canadian professional accountant. Mary is passionate about metrics that matter and access to justice. She founded Traklight and Evolve Law and consults as an Access Advocate for LegalShield. You can reach her by email at info@evolvelawnow.com or on Twitter: @maryjuetten.

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