Law Schools

Yet Another Subpar Law School Sues The ABA In 'Accreditation-By-Lawsuit' Strategy

It looks like Kirkland & Ellis is pretty sure the ABA is out of money.

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After two Infilaw schools — the dearly departed Charlotte School of Law and Florida Coastal — filed suit against the ABA, charging the industry’s accreditor with wrongfully damaging their reputations by calling them out for their academic and bar passage standards, it was only a matter of time before Arizona Summit joined the fray. The third jewel in the InfiLaw Gauntlet, Arizona Summit is arguably the most abysmal law school in America, with only 19.8 percent of graduates passing the bar exam, dragging down the entire state’s passage rate. It’s the sort of school that should be forced to defend itself before a regulator — it’s taking substantial sums of money as a professional school while leaving over 80 percent of its graduates unable to practice that profession.

But, with the help of Paul Clement and Kirkland & Ellis, Arizona Summit may have found a way to get back into the good graces of the ABA through litigation.

From Karen Sloan’s report at Law.com:

“The ABA deliberately has turned a blind eye to our achievements, mission, and results–which include bar examination performance that at times has led the state and, despite a recent decline, remains consistent with nationwide trends and in compliance with accreditation standards,” said interim Dean Penny Willrich in the announcement of the suit.

19.8 percent! Less than one-fifth! How cynical do you have to be to make this announcment with a straight face? Quite frankly, Dean Willrich, I think Arizona Summit’s problem is that the ABA has been quite observant of the school’s achievements. But for a for-profit school, money is their greatest weapon, and hiring Kirkland & Ellis to put pressure on a non-profit quasi-regulator is always a simpler solution than trying to boost academics. So here we are firmly in the world of “accreditation-by-lawsuit.”

After Charlotte sued the ABA, Florida Coastal’s Dean Scott DeVito wrote me to outline why they believe they’ve gotten a raw deal from the ABA. And the problem is, he’s got a very good case under the circumstances. There is no reason why Thomas Cooley, another school tagged by the ABA as “out of compliance,” could have their transgressions forgiven while leaving Florida Coastal wearing the Scarlet “O” on their chests. Where I probably differ from Dean DeVito is that I think Cooley shouldn’t have been forgiven at this stage either.

Cooley’s absolution, which David Frakt has theorized is likely the result of a settlement in the Michigan school’s lawsuit against the ABA, put blood in the water for the schools that the ABA had identified as non-compliant. If the ABA was willing to settle with Cooley — even knowing that other schools, especially Florida Coastal, could make a colorable argument that they had made more strides toward compliance at that point than Cooley — then the ABA must not have the stomach (read: wallet) for a protracted legal battle against a law school with deep pockets full of student misery.

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So while Florida Coastal’s case, in light of Cooley’s status, may be a true winner, they have every reason to believe it won’t make it that far. Meanwhile, Charlotte and Arizona Summit have considerably worse cases to make, but if the ABA lacks the wherewithal to push back, as I fear, they only need to skate through the motion to dismiss for a chance at an amicable settlement. And if Arizona Summit could dig itself out of its hole this way, that would only bring other struggling law schools to the courtroom.

In that case, we may as well let anybody run a law school. Why not treat accreditation the same way some of these schools treat admissions?

Arizona Summit Sues ABA Over Accreditation, Joining Two Other For-Profit Schools [Law.com]
Admissions, Accreditation and the ABA: An Analysis of Recent Law School Lawsuits [Faculty Lounge]

Earlier: Another Terrible Law School Has Sued The ABA For Pointing Out That It’s Terrible
Law School Sues ABA For ‘Attacking Diversity’ And, Like, Doing Its Job
Law School Completely Wrecks State’s Bar Exam Pass Rate, As Usual

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HeadshotJoe Patrice is an editor at Above the Law and co-host of Thinking Like A Lawyer. Feel free to email any tips, questions, or comments. Follow him on Twitter if you’re interested in law, politics, and a healthy dose of college sports news.

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