Employable from the Start

Law schools once were a harbor for college graduates who hadn’t settled on a career. Schools even billed themselves as the equivalent of a “graduate degree in the liberal arts.” But the escalating cost of legal education, combined with a shrunken job market, has made that approach a bad bet for students. Most students who pay to attend law school today want to be lawyers. Should law schools consider the likelihood that individual applicants will achieve that goal? Or that the applicant will appeal to legal employers down the road?

Some business schools, according to the Wall Street Journal, are asking these questions as part of their admissions process. A few of these schools are including career services staff on admissions committees, and others are sending career counselors to admissions fairs. With both techniques, the schools say that they aim to (a) assess an applicant’s plan for using the MBA; (b) judge whether the applicant’s employment background, academic aptitude, career plans, and soft skills will appeal to employers; and (c) give the applicant useful feedback about the likelihood of capitalizing on an MBA.

What if law schools adopted a similar approach? What impacts would that have?

Building employability into the admissions process might force schools themselves to assess job outcomes more realistically. If a school is placing only 50% of its graduates in jobs that require a law license, should the school continue admitting twice as many students eager for those positions? If the school believes that other kinds of jobs are attractive for its graduates, should it admit students who express specific interest in those outcomes? If we believe, for example, that compliance jobs are attractive for part of our graduating class, should we seek applicants who know about those jobs, understand the salaries and career tracks, and are eager to use a JD in that world?

Connecting placement to admissions, in other words, might give schools a healthy dose of reality about the number of students they admit and the types of work they will find after graduation. The connection could complement–and further enhance–increased transparency about law school job outcomes. More important, it could push schools to think more deeply about the type of jobs that JDs want and that the degree qualifies them for.

What about the admissions process and admitted class? Some prospective students might welcome the opportunity to be judged on their employment background, the seriousness of their career plans, and their interview skills, rather than simply on LSAT scores and GPA. A school that involves career services in admissions might also impress applicants with the school’s attention to that goal.

Students applying to schools with an employability focus would have to research legal careers more thoroughly. They would no longer be able to rely upon essays proclaiming a broad desire “to help the world” or “become a BigLaw associate” if they had to converse with an interviewer knowledgeable about specific areas of law practice. But maybe that’s a good thing. Both law students and their schools might be better off with classes composed of people who have formulated serious career aims. Few people seem to choose medical, dental, or veterinary school as a generic “Plan B.” Does that fact give those schools more professional gravity?

Stressing employability, on the other hand, cuts against two notions that many legal educators cherish deeply. One is the idea that law is a broad intellectual discipline rather than simply a trade. But I don’t think of medical schools, dental schools, or veterinary schools as mere “trade schools.” If they are, I’m pretty thankful for their trade focus when I need a root canal or other help. And to the extent law school once was a program of intellectual study preparing graduates generally for thoughtful careers, we closed that door ourselves by raising tuition as high as we have.

A second strongly held belief is that law practice builds on a general foundation, that students should study many aspects of law, and that students shouldn’t have to specialize too early. If students shouldn’t specialize, then how could we possibly ask applicants to declare planned career paths?

I understand this belief–I certainly didn’t have a clue what I wanted to do when I was 22 years old–but it may be outmoded. We live in a sped-up world in which education is very expensive. People who choose to invest in education, especially graduate programs, may need to have specific plans for that investment.

Perhaps more important, today’s world is much more fluid than the old one. As a result of that, I think students understand (much better than I did thirty years ago) that no initial direction lasts forever. Planning a career involves setting a target, moving toward that target, and remaining adaptable as the environment changes. Ironically, fluidity may require more direction than the more static world of yesterday. If the economy, technology, and job market shift constantly, then someone with no direction may be completely lost–not just maintaining their options. To succeed in today’s rapidly changing world, it may be key to have a firm sense of direction combined with skills that allow continuous monitoring of that goal and adaptation as necessary.

I think of this as the GPS view of careers. A GPS device is exceedingly adaptable; it will take you anywhere you want to go. But the device won’t take you anywhere at all unless you ask for directions to a specific site. Maybe we need to start assessing our applicants’ GPS strength as well as their GPAs.

Hat tip to Richard L. Kaplan for the reference to the Wall Street Journal article.

  • Anon. law prof

    I have (anecdotally) heard of a law school in New England that is doing something like this…students looking to work in California in areas of low-growth have an uphill admissions battle.

  • Hayden Arse

    It seems to me that a likely consequence of admissions considering potential employability is that applicants with strong connections within the legal community will be deemed to have an advantage because of immediate networking potential. Many applicants who have these connections are the children of legal professionals who opt to go to law school for no better reason than they feel that it is expected of them, or they don’t know what else to do with a liberal arts degree. Additionally, these individuals may be more likely to pay full tuition. I fit this category when I went to law school, and I did get my first jobs practicing through family connections. I no longer practice law (though I am still in the legal industry), and I suspect that this approach will do nothing to improve legal education but may facilitate “affirmative action” for the priviliged and the tweaking of law school stats.

  • isurewould

    Perhaps the bar might consider an adaptation of the apprenticeship model — Attorneys and firms sponsoring law school applicants who have worked with with the sponsor during and/or after college. Move OCI from law schools to the undergraduate institutions. This approach gives students an opportunity to actually work in the field and evaluate whether they enjoy (have the aptitude for) the practice of law and/or areas of law without having to pay first year “dues.” In addition to the ability to evaluate aspiring lawyers, it also gives attorneys and law firms a cheap source of labor that they now get from paralegals and “contract attorneys.” Practicing attorneys, not law schools, would be regulating the number of applicants to the bar based on their estimated future needs as sponsors could put forward only as many as they reasonably expect to employ as attorneys on graduation. Sponsorship might not be required but without it the minimum requirements for admission to law school would be heightened (attempting to reduce the emergence of institutional discrimination by the bar). Students might have the option to continue to work at their firms part time during law school, and the third year could be reduced or eliminated based on an evaluation of the students’ relevant work experience at the sponsoring firm.

    Elite MBA programs have always preferred applicants with appropriate work experience. Without a mechanism allowing for college graduates to get meaningful exposure to the law, it’s hard for students/law schools to evaluate prior work experience and its predictive value as to a future successful career, thus, the dogged reliance on test scores and grades. Nevertheless, with no external constraints from the profession itself, as long as the student loan apparatus promotes law schools to admit as many students as can minimally qualify, and as long as students continue to believe a legal education is a “golden ticket” there will be a mismatch of supply and demand of inexperienced lawyers with limited opportunities.

  • http://marlytics.com/ Dan Jaffe

    Perhaps the meaning of the word “employable” needs examination in light of the numbers of practicing lawyers who are self-employed in solo or small-firm practices.

    Law Schools have an opportunity to become incubators of great lawyers (who own and run great law practices) who gain all the skills, business knowledge and connections during 3 years of training (as opposed to academics).

    There are X number of jobs (where the newly minted lawyer is an employee) available in bar-admission-required positions for law grads. It’s a zero-sum game. There are unlimited opportunities for lawyers to go into business for themselves and to create practices and other businesses that make the world a better place.

    If restricted to the idea of admitting only students who fit the mold of being a suitable candidate for those who offer employment, law schools run the risk of further stagnation, homogeny, and a serious lack of innovative thinkers.

    Why not have a multi-track system that gives the gunners room to do their thing, and also let’s the rest of the law school population thrive outside the strictures of the academic hierarchy that sets up all students (Order of the Coif included) for a rude awakening on the “outside.”

    It comes down to whether a law school wants to create cogs in a wheel who are well versed in dying traditions, with limited long-term upside (but that look good for the overlords at US News and World Report), or whether they want to adapt to what is and will be.