A COMMENDABLE (AND COURAGEOUS) COMMENT AWARD

As the executive director of National Association for Law Placement (NALP) — the organization that sets the rules whereby big law firm employers and their prospective new hires find each other — James Leipold has a tough job. Sometimes, NALP has looked like a victim of regulatory capture. Students’ interests have often taken a back seat to two constituencies that wield far more economic power, namely, law schools and big law firms.

Such power was one reason that NALP initially “back-pedaled” in early 2010, when big firms balked at NALP’s request to provide detailed information about equity partners’ gender and race. At the time, Leipold acknowledged that some firms threatened to withhold all information from the annual NALP employer directory, which “represents an important revenue source for us.”

Another example of big law firm influence over NALP is the evolution of the rules governing employment offers — including the powerlessness of students when a big firm unilaterally rescinds a previously accepted one. But NALP’s shortcomings are topics for another day.

Today’s commendation goes to Leipold because he recently stood up to deans who wanted him to provide prospective law students with a “better message” about the legal job market. That is, they wanted him to lie. Leipold said he was “surprised” at this turn of events, including deans who asked him to describe the job market as “good.” He refused. But his real act of courage was in revealing that some deans were applying such pressure. They should be ashamed. And they should be named.

Nothing new

Many deans have been hyping their schools with misleading employment statistics for a long time. Truth is finally catching up to a lot of them, notably with the ABA’s newly required data. Harsh reality hit with the news that, nine months after graduation, slightly more than half of all 2011 law graduates were able to get full-time long-term jobs requiring bar passage. The recent past has been bad and the current picture is ugly. So some deans have tried to shape perceptions about the future.

Leipold rightly resisted. The employment prospects for law graduates generally are not likely to brighten any time soon. Leipold could have said even more about that: there are still far more law school applicants than places for them; most estimates project that over the next decade, schools will produce twice as many law graduates as the number of legal jobs available for them. Even at the so-called pinnacle of the profession — big law firms — the total number of attorneys has yet to return to pre-recession levels.

The case for names

What will stop this insanity? Unfortunately, the problematic deans are responding to institutional pressures. That’s because law schools have become large cash cows for their universities. The impulse to run a school as a business that maximizes short-term profits is irresistible to them and their superiors. Every incentive they see encourages them to pump-and-dump: pump up demand for law students and dump debt-ridden graduates on a glutted market. Their unemployed graduates become someone else’s problem.

It turns out that the someone else is not just the victimized students themselves. Eventually, the profession itself suffers. Staggering student debt will haunt some graduates forever because bankruptcy won’t discharge it. Income-based repayment programs will help some of them, but as Professor William Henderson observes, taxpayers could wind up paying large portions of those participants’ ultimate obligations when the federal government picks up the tab for residual unpaid debt.

Will anything make these deans stop? The villains are giving all other deans a bad rap. They know who they are. Now, James Leipold does, too. Perhaps it’s time for the rest of us to learn their names. Where all else has failed to alter unfortunate behavior, maybe public humiliation will help. Nothing else seems to be working.

3 thoughts on “A COMMENDABLE (AND COURAGEOUS) COMMENT AWARD

  1. It’s all about the money, and the law schools operate in the same way Big Law does. No surprise that the deans lie and expect their services to lie. Today’s lawyers are expected to lie. Indeed, one recently told me that passing the bar was a license to lie.
    Practicing law is no longer about the facts or the evidence. Judges don’t care about those. Instead, it’s all about who has the most money and how quickly they can run the opponent out of money by any means possible. Most civil cases never are heard in court, just monetary judgments issued after the wealthier law firm “wins” by bankrupting the other side.

  2. Mr. Harper,

    Since there seems to be an epidemic of law school *ss-covering by invoking claims such as “9 month employment stats are too short in outlook” and “things only turned rotten after 2009” – I thought it would be useful to try and get the broadest perspective on the employment situation for the legal profession:

    The ABA (in an all-too-rare fit of useful work) says there are approximately 1.25 million licensed lawyers in the US –

    http://www.americanbar.org/content/dam/aba/migrated/marketresearch/PublicDocuments/lawyer_demographics_2012_revised.authcheckdam.pdf

    The ABA also says that in the last 40 years (standard work life from 25 to 65), ABA accredited law schools have graduated approximately 1.5 million JDs –

    http://www.americanbar.org/content/dam/aba/administrative/legal_education_and_admissions_to_the_bar/statistics/enrollment_degrees_awarded.authcheckdam.pdf

    Looking at the big picture –

    1.5 million JD grads minus 1.25 million licensed equals *250,000* of the “disappeared”.

    17% of this degenerating “profession”.

    17% that don’t see the value of even maintaining the professional credential they sacrificed three years of their life and untold thousands of dollars for.

    The Walking Dead.

    This is not a “post-2008” problem – this is a problem of institutional corruption at the law schools and their placement offices that has been incubating for *decades*.

    And this is before we even get in to the issues of tuition and *pay*…

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