Law Schools

Whether Future Law Students Should Take The Deferral Option Instead Of Joining An Overpacked Class

Probably the biggest problem with an oversized class is dealing with the infamous grading curve.

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Austin Hall, the oldest dedicated structure at Harvard Law School (photo by David Lat).

Word is that some of the top law schools have admitted more students than they can handle. As a result, they are asking some students to take a one-year deferral. There are a few schools that we know about, but I’m sure there are others.

I think that law schools can probably handle the increased admissions. They will deal with this by allowing some students to attend classes online. While some students want the classroom experience where they can bond with their future referral sources and clients classmates, others will gladly listen to the lectures at home. They will use the extra tuition revenue to hire more adjunct faculty to increase the course variety and pay them excellent salaries for their service. The problem is that the students may not find jobs after graduation.

So today, I want to discuss whether future lawyers should take the deferral. Before I continue, most of the information I write about below is based on my personal experience and what I have seen over the years. But to get more accurate information, I highly recommend talking to your prospective school’s admissions office, upperclassmen, and recent alumni of the schools you plan to attend.

So what’s wrong with a larger-than-normal class size? Probably the biggest problem with an oversized class is dealing with the infamous grading curve. All first-year law school classes are graded on a curve. Generally, this means that only a few people will be given top marks while a similar number will be given failing marks. The rest will be given an average grade. For some schools, the average grade is a B and for others, the average is a C or its numerical equivalent.

The top schools were known to be more generous when it came to curves but not by much since they want to ensure that their best have a shot at a SCOTUS clerkship.

So does a bigger class make the curve harder or easier? The answer depends on the strength of the entering class and your test-taking ability. But as the class size gets larger, the chances of you being in the top of your class gets smaller. To illustrate, let’s suppose a typical entering class has 200 students. That means that 30 students will make the top 15% of the class, which will make them competitive for the good jobs. That means 170 will have to write unsolicited letters to law firms or hope that their aunt who is an executive at Google will get them an in somewhere (we all have such an aunt, right?) Or they can drop out, cut their losses, move to the country, and become a philosopher.

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But if the class size increases to 300, then only 15 more students (totaling 45) will be in the top 15% of the class. While the remaining 85 of the 100 have to network extensively or think about starting a solo practice. So do you feel lucky? Do you think you are special enough to rise above the others who are probably just as ambitious as you are? You can’t win if you don’t play, after all.

And for those who received a conditional scholarship, the more difficult curve can increase the chances of not meeting the GPA minimum to maintain the scholarship. Some schools may be motivated to rescind scholarships to cut down the class size and increase tuition revenue.

The next problem is transferring. Transferring to a higher-ranked school is difficult as it is, and law schools with a full class will likely accept fewer transfers. And those chosen are near certain to pay full tuition unless they have other options they can negotiate with.

And lastly, the schools are right to be concerned about job prospects for their future graduates. The legal job market may not be able to absorb the number of graduates. This can be a lose-lose outcome. The graduate will end up with a six-figure nearly nondischargeable law degree debt without a meaningful job to show for it. And the law school’s ranking can take a hit if many of their students are jobless with massive student loans.

I can see some advantages to deferring. If you have other options, like a good job, want legal experience or just a desire to have a gap year, this can be the best time to exercise it. I realize that current law students probably might not give this much thought, but they should. A high number of people regret going to law school. While the reasons for this have been covered elsewhere, not a lot of people give it serious thought before going to law school. Particularly those who are going to law school because they think they have no other options.

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If you have a high LSAT score, deferring may give you an opportunity to get into a higher-ranked law school next year. I am hoping the LSAC will make an announcement regarding whether they will continue administering the LSAT Flex or use a new scoring mechanism. If you think the average LSAT scores will decrease in the future, you can use your current LSAT score on next year’s law school applications in order to make yourself more competitive. According to the LSAC, your LSAT score is good for five years although schools may have their own criteria and may want a current LSAT score.

Finally, you might be able to negotiate a tuition discount in exchange for a deferral. It’s a stretch but worth asking. The worst the school can do is say no. Think about it this way: law schools want you to give up a year of your life to fix a mistake they made due to unexpected events. And you are supposed to just take it? Look at the law school forums and see how scared and pissed off some people are about this.

So who should not defer? To put it simply, those who did not find any of the things I wrote above useful or relevant to them. Other candidates are older students who may not have the extra time to kill. Or they already have a job lined up at the family firm. Or those who are committed to public service or government work and plan to pay off their loans through PSLF. But remember, do your research and negotiate while you still have time.

Law school is a serious investment of time and money. For some, a deferral could mean some time off to think, and it could result in getting into a better school, while others should go now and start their careers as soon as possible. But remember, don’t be afraid to bargain down your tuition. Law schools do not owe you better grades just because you paid full tuition.

Steven Chung is a tax attorney in Los Angeles, California. He helps people with basic tax planning and resolve tax disputes. He is also sympathetic to people with large student loans. He can be reached via email at sachimalbe@excite.com. Or you can connect with him on Twitter (@stevenchung) and connect with him on LinkedIn.

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