Minnesota Lawyer Blog

In the "are there too many lawyers' category, I submit for your approval the fact that the American Bar Association just granted provisional accreditation to a North Carolina law school, making it the 200th ABA-accredited law school in the nation.

For the math challenged among you, that averages out to four law schools per state, which is exactly the number that we have here in the Gopher State.

The lucky new ABA-accredited law school is the Elon University School of Law in Greensboro. The school's third class of students will enroll this fall.

“We are especially proud of our focus on leadership and the opportunities our students have to interact with people who have a legacy of civic involvement and community service,” says founding dean Leary Davis in a press release received by Minnesota Lawyer today.

That's all very well and good, but the bigger question is: Will the school's students be able to land jobs when they get out? The jury's still out on that one.

I remember back when I was studying for the bar way back in the ancient days when you had only two choices for bar review courses -- go to the "live" lectures or watch the group videos in a classroom full of other recent law school grads. My alma mater -- Boston College Law School -- only provided a video option. In order to attend the "live" lectures, I would have had to have commuted to Boston University School of Law. Because it was more convenient to attend the classes at BC, I settled for spending the month of June watching the video replays with about 100 to 150 other students in a sweltering unairconditioned classroom on the BC campus.

Bar review courses such as BarBri now offer an iPod option. That's right, you can sit at a library carrel, at your desk at home or even by a lake and listen on your iPod to an instructor drone on about adverse possession or the elements of a tort. It'll just be you and Arthur Miller (or whatever other notable law professor is doing the reading of that day's lesson). For convenience, you can't beat it.

Yet I can't help feeling like something might be lost doing it that way. (And I'm trying not to sound too much like crotchety "60 Minutes" commentator Andy Rooney when I say this.) While sitting in the summer heat under the florescent bulbs of a classroom was a less than ideal way to spend an early summer, it was an experience that built camaraderie -- a sort of boot camp for lawyers-to-be. When you graduated law school, you knew you'd see many of your friends at those courses. After a sizzling hot day of torts, you might grab a bite to eat or a drink with your fellow students and commiserate about the grainy video you just watched on mens rea. Attending the classes together also encouraged students to study together rather than on their own. Spitballing ideas and concepts back and forth was a great way to learn.

While the undeniable convenience of the iPod may one day relegate the shared bar-review class to the dustbin of history (along with analog TV), I hope recent law alums will continue to have the good sense to make at least some portion of their bar-exam study a communal activity. There's something to be said for socializing and breaking bread together as you crack the books. You can't split a pizza via text message.

Our regular blog readers may remember a commenter using the name "Bitter 3L" who told us he/she that was a third-year student at the University of Minnesota Law School who could not find a post-graduation job. Some of you responded to 3L's post, offering such comments as law students have no right to expect their school to provide them with a job, and they should not anticipate landing a six-figure salary upon graduation.

After a hiatus, Bitter 3L has responded to some of those earlier comments. Since you may not be in the habit of going back and checking old posts for comments, I have excerpted 3L's response and provide it below. (You can find the comments 3L is responding to and his/her full response by clicking here.)

Never in my post did I mention that I expected to start off with a six
figure salary. I took out 100k grand in student debt to attend law school. Part
of my decision to attend the University of Minnesota Law School was based on its
employment statistics. When you publish 99% employment, in spite of the truth
being very different, as a student I have the right to be bitter.Most of my
classmates have comparable debt loads. You simply can't pay off that much debt
in ten years on a 45k salary. It can't be done. Education costs have been rising
in this country at a rate far higher than inflation. …

I have been searching [for] a job, any job for over a year. I have applied at jobs throughout the country. So have many of my classmates. I don't expect the University to get me a job. I do expect though that it will promote itself properly. Outside of the Upper Midwest, employers don't even realize that an incoming class as the U is academically comparable to Vanderbilt. That's the law school's fault.
…

If the University published honest career statistics, I know many
of my classmates would never have attended. I can't understand why people feel
that anger at the law school system is unjustified. When you blatantly lie to
your prospective consumers, and they destroy their lives as a result, you
deserve anger.

There is a article worth reading on MinnPost about the University of St. Thomas School of Law. A student at the school was apparently denied "volunteer credits" (required by the school as part of its curriculum) for volunteer work done with Planned Parenthood.

According to MinnPost, Dean Thomas Mengler announced in a campuswide letter that students would not receive credit for volunteering at Planned Parenthood or any other organization "whose mission is fundamentally in conflict with a core value of a Catholic university."

The story goes on to note:

Several dozen St. Thomas law students signed an open letter to Mengler earlier this week, which voiced concerns about the law school's ability to attract a diverse range of students, both those who agree with the church's teachings and those who do not. (For the full MinnPost article, click here.)

It's a difficult conflict between the school's religious underpinnings and principles of academic freedom. The school seems to be leaning toward resolving this particular controversy in favor of the former, which could make the school a more difficult sell, particularly to nonCatholic students. On the other hand, being too flexible on this issue could threaten the young school's core identity. Nobody ever said being a law school with a mission would be easy ...

UPDATE: Jonathan Kaminski over at CityPages' blog "The Blotter," who I believe was the first to report the UST/ Planned Parenthood story, reports that a conservative UST Law students' group has thrown its support behind Mengler.

My alma mater, Boston College Law School, scored U.S. Attorney General Michael Mukasey to be its commencement speaker this year -- an announcement the dean proudly made last January. But, now some members of the school's faculty have sent Mukasey a letter disinviting him, Legal Blog Watch reports.

Well, technically the letter asks the AG to reconsider his decision to accept the dean's invitation. In breaking ranks with the school's administration, the faculty explains to Mukasey:

We realize that you face complex professional difficulties in your position as
Attorney General. We are very concerned, however, that your role in the current
controversy regarding the legality of waterboarding has made you a symbol of
Administration policies that conflict with basic principles of international and
domestic law, the ideals of Boston College Law School, and the Jesuit principles
that underlie Boston College’s educational mission.

No news yet whether Mukasey has RSVP'd to the disinvitation.

The Legal Blog Watch posting was made by Massachusetts attorney/ writer Bob Ambrogi, a former work colleague and fellow BCLS alum. He notes at the end of the post, "If there is a letter for alumni along the lines of that signed by the faculty, add my name."

An interesting side note: Ambrogi relates that posters on the BC law student's blog (eagleionline) discovered that, after Mukasey's selection as commencement speaker kicked up controversy, BC's marketing department altered the online version of the press release announcing it. The original version of the release had referred to the AG as a "role model," but that term was deleted in a later posted version. After the deletion was exposed, the administration added the word "role model" back in. Apparently the law students have posted all three versions of the press release on their blog. You've gotta' love the Internet.

While law schools nationwide have been grappling with recent declines in the number of enrollments from diverse candidates, Minnesota's four law schools have been pretty much holding steady and, in one case, substantially increasing its pool of diverse students.

The University of St. Thomas School of Law was one of about 20 schools in the country to report a recent increase in minority enrollment of 20 percent or more, according to Cari Haaland, the school’s director of admissions. First-year enrollment of minorities has nearly doubled since UST Law started in 2001 -- going from about 8 percent to 15 percent in 2007, she said.

Locally, the University of Minnesota Law School is in the lead for diverse enrollments, with about 16 percent. UST Law is second at 15 percent. Hamline University School of Law is third at 13.3 percent. And William Mitchell College of Law is fourth at 11 percent.

All of these schools are pretty aggressive about recruiting diverse candidates to come to Minnesota (and to stay in Minnesota), but it can be tough when you are competing with more glamorous markets that don't have sub-zero winter temperatures. So given all that, I was pleased to hear Minnesota is bucking the national trend. All of these schools have strong plans to continue working toward a more diverse student body.

For more, check out the article from this week's Minnesota Lawyer, which is the first part of a two-part special focus on diversity in the law.

A local law student had an interesting reply to our post on the decision of big Minnesota-based law firms to keep their starting salaries at $120K rather than to match the $160K being offered in bigger markets. I think the comment is worth highlighting, so here it is:

As a law student (OCI next year, so no dog in the race yet), I'm happy to see
Minnesota law firms showing some sanity on salaries. First, $120k is a darn good
salary in this market. Second, maybe it means that Minnesota firms will be
better positioned to ride through a recession. Finally, I agree that higher
starting salaries would probably come with higher hours expectations, and I'd
rather make $120k and see my family than $160k and live in my office

You mean there is more to life than money? What are they teaching these kids today? What would Gordon Gekko say?

Good news for local lawyers and law students: You will soon have Nixon to kick around again!

OK, OK, it's actually the topic of Watergate that will be kicked around at a forum at the University of St. Thomas School of Law this April -- but that doesn't make nearly as interesting a lead in, does it? The program is titled, "Watergate revisited: The ethics of lawyers."

UST snagged John Dean as one of the panelists. (Dean was counsel to Nixon, for those of you who only recall Watergate as the place where Monica Lewinsky lived.)

The event will be held on Wednesday, April 2 from 4 to 6:15 p.m. in the Schulze Grand Atrium of UST Law located between 11th and 12th and LaSalle Avenue and Harmon Place in downtown Minneapolis. Admission is $25 for the program ($75 if you want the two CLE credits). Students are admitted free. Reservations required in advance.

For more details, click here.

The great Minnesota law dean scramble is starting to wind down, with two of the three law schools in need of a new head at or nearing the accomplishment of their objectives. It's a big change from just two months ago when three of the state's four law schools were still widely casting their nets -- or so it seemed anyway.

William Mitchell College didn't actually cast its net very far, opting to stay in-house with its choice. On Nov 9, the school announced that one of its professors, Eric Janus, would serve as the new dean. Janus, who is well respected in the state's legal community, had served in the role on an interim basis since last September, when William Mitchell's former dean, Allen Easley, resigned and went on sabbatical.

Meanwhile, it appears that the University of Minnesota Law School will be hiring an outside candidate as its new dean. None of the five recently announced finalists for the post is local. (See the Bar Buzz column in this week's Minnesota Lawyer for the names and backgrounds of the candidates. Password required.) The U of M has been in search of a law dean since May 2006, when former dean Alex Johnson stepped down from the post and became a full-time professor at the school. Two co-deans have been filling the spot on an interim basis until a permanent dean could be found.

Hamline University School of Law, the third local law school in search of a dean, appears to still be at the early stages of the selection process. Hamline's current law dean, Jon Garon, announced a couple of months ago that he would step down as dean at the end of the academic year. Garon, a popular dean who has served in the post five years, said he is ready for change. Because Garon will remain at the captain's wheel until the end of the academic year, there is no reason for the school to rush.

The University of St. Thomas School of Law, on the other hand, is sitting pretty, with Dean Thomas Mengler still appearing to enjoy the post he has held for five years at the still-young law school. In the six years since the UST Law started, it has quickly and successfully weaved its way into the local legal community.

University of St. Thomas President Rev. Dennis Dease reversed his earlier decision to bar Archbishop Desmond Tutu from speaking at the school because of Tutu's previous statements on Israel, the Star Tribune Reports. (Click here for the full Strib article.)

"I have wrestled with what is the right thing to do in this situation, and I have concluded that I made the wrong decision earlier this year not to invite the archbishop," Dease reportedly wrote in a letter to the St. Thomas community. "Although well-intentioned, I did not have all of the facts and points of view, but now I do." (Click here for the full text of Dease's letter.)

I commend Dease for admitting he made a mistake and reversing course. Only a big person can do something like that on such a public matter. His willingness to do so exemplifies the best traditions of the institution which he leads.

Perhaps because the University of St. Thomas is a Catholic school, there is a cliché I can’t get out of my head when reflecting on its decision not to let Archbishop Desmond Tutu speak there – the road to hell is paved with good intentions.

Indeed, it was with the very best of intentions that St. Thomas made its decision. The school was concerned that some in the Jewish community would be offended because of controversial views the archbishop has previously expressed about the Israeli-Palestinian conflict. The school should be commended for its thoughtfulness, sense of inclusiveness and religious and cultural sensitivity. However, its decision is a mistake.

The role of an educational institution is to educate – a function that is ill served by filtering out controversial views. In fact, we learn the most from those with differing views and values than ours. When in doubt, consider Voltaire's famous words: "I do not agree with a word you say, but I will fight to the death for your right to say it."

I know that Archbishop Tutu can find other venues locally, and, in fact, the group sponsoring the Nobel laureate’s visit has already lined up a secondary site. But I nonetheless think it sets a bad precedent for a respected local institution of higher learning such as St. Thomas to turn away a speaker of Tutu’s caliber to avoid a debate. Better to have that debate and make sure it is done in a respectful way, such as holding a public forum or bringing in speakers with opposing viewpoints.

Again, I understand why the University of St. Thomas has reached the conclusion it has and applaud its ecumenical spirit. I also appreciate how much soul searching must go on before one says no to a religious leader with the worldwide name recognition of Tutu. However, I urge the school to reconsider. I think it's doing the wrong thing for all the right reasons.

I had the pleasure of hearing Ian McKellan share his thoughts last night at the Guthrie as part the theater's "Global Voices" series. (Click here for the Star Tribune's piece on the event.) In addition to having enough gravitas to be one of the foremost Shakespearean actors of the day (not to mention playing Gandalf in "Lord of the Rings" trilogy of movies), McKellan has a great sense of humor and shared a lot of fun behind-the-scenes story.

He also took questions from the audience. One of my favorites came from a fresh-faced student about to embark on her first abroad trip to London. She wanted him to recommend where she should go so that could tell people that "Sir Ian" had told her to go there. (For the record, McKellan recommended checking out old Shakespeare haunts during hours where other tourists would not impede the experience).

Of interest to lawyers, McKellan ended the evening by delighting the audience with powerful reading from a scene that Shakespeare contributed to the somewhat obscure Elizabethan play Sir Thomas More.

The University of St. Thomas School of Law has a life-sized statute of Thomas More in its grand atrium. Executed for following his conscience, More is a valuable reminder that being a lawyer involves more than being a hired gun. It really gives one much to chew upon in this age of lawyer jokes.

Four law schools in Minnesota, and three are now in need of a permanent dean. This Monday Minnesota Lawyer takes a look at this unique situation and discusses some of the challenges of being a law school dean.

Although the Wall Street Journal law blog undoubtedly has a vast readership, only a small fraction of visitors to any blog actually take the time to comment. Don't get me wrong, the WSJ Law Blog still gets a goodly number of comments by blog standards. I haven't done a scientific research study, but a typical post on the site may garner 20 to 40 comments.

That was not the case yesterday when the blog put up a post entitled, "The Dark Side of the Legal Job Market." By this morning, 379 comments had been made to the post. Why so much interest in this one post? Here is a taste of it:

For elite law-school grads, prospects have never been better. But the majority
of JDs are suffering from long-term economic trends are suppressing pay and job
growth. The result: Graduates who don’t score at the top of their class are
struggling to find well-paying jobs to make payments on law-school debts that
can top $100,000. Some are taking temporary contract work, reviewing documents
for as little as $20 an hour, without benefits. And many are blaming their law
schools for failing to warn them about the dark side of the job market.

The post was based on on a page 1 story on the legal job market in the WSJ. "Hard Case: Job Market Wanes for U.S. Lawyers: Growth of Legal Sector Lags Broader Economy; Law Schools Proliferate."

Here in Minnesota, we have four law schools pumping out a growing number of job-seeking lawyers. We are approaching the point of minting 1,000 new lawyers a year, many of them knee-deep in student debt. This summer, a record number of test takers sat for the state bar exam. Future lawyers may face uncertain prospects -- particularly if they do not finish in the top 10 percent of their class and do not go to what is considered a "top tier" law school. It's certainly grounds for concern, and something that should be discussed.

Today's Strib reports that Hamline University Law School Dean Jon Garon plans to step down from his post at the end of the academic year. Garon, who served as dean for five years, plans to return to the Hamline faculty after a year-long sabbatical.

With four local law schools, three are now without a permanent dean. In addition to Hamline, the University of Minnesota Law School and William Mitchell College of Law are looking for deans. (We blogged about WMCL dean Allen Easley's resignation only a few short weeks ago -- see "Half the state's law schools now in between deans." Unlike Garon's resignation, Easley's was effective immediately.)

The announcement means that only the University of St. Thomas School of Law -- which has Thomas Mengler at its helm -- is now not in dean search mode.

For more on Garon's decision to take a break from deaning, see "Hamline Law School joins U, William Mitchell in search for a dean."

Two of the state's four law schools are now in search of a dean.

William Mitchell College of Law sent out a press release last Friday that was, well, a tad cryptic. With classes having just started at WMCL, the school announced that its dean, Allen Easley, was stepping down for "personal reasons" (his words). It's highly unusual for a change of deans to occur -- particularly with so little warning to the outside world -- at the start of an academic year. According to the release, Easley, who is also a faculty member at the school, is also taking a one-year sabbatical from his teaching duties. (Click here to see the release.)

Longtime faculty member Eric Janus -- who has been tapped as WMCL's interim dean -- has an excellent reputation and will no doubt nicely fill the spot while the school searches for a permanent replacement.

Meanwhile, the University of Minnesota Law School has has its dean spot open for more than a year now. Currently, two interim co-deans -- Guy-Uriel E. Charles and Fred L. Morrison -- are filling the spot as the school hunts for a permanent dean. The two professors are a little more than halfway through the two-year appointment as interim co-deans. (By the way, does anybody besides me hate the title co-dean? It sounds like a pain medication.)