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CONCEPTUALIZING A LAW SCHOOL
AS AN INTEGRAL
PART OF THE LAW
PROFESSION
by Lawrence K. Hellman*
Dean and Professor of Law
Okalahoma City University School of Law
I came to the deanship of my law school in 1998 from its
faculty – 21 years on the faculty, to be precise. One of the themes of my
installation address was that I wanted my law school to be viewed,
and to view itself, as an integral part of the legal
profession. The concept
resonated. It felt good
to say it. Those who
heard it (including our faculty!), found it refreshing. It conveyed a sense of
energy and engagement about the institution. Every time I repeated the
phrase – “integral part of the legal profession” – in subsequent
formal and informal presentations, it seemed to evoke a favorable
response. In this
essay, I reflect on (1) what led me to articulate the idea that a
law school should conceptualize itself as an integral part of the
legal profession, (2) how our law school has implemented this
concept without compromising the values of academic independence and
intellectual rigor that animate legal education, (3) how this
orientation has benefited my law school, and (4) whether this
conceptualization should be recommended to other deans.
I. Origins of the “Integral
Relationship” Concept
My principal field of academic inquiry as a professor has
been the legal profession.
As a brand new law professor in 1974, I had been thrust into
the then-newly required course on professional responsibility. I was an unlikely choice for
this assignment, since I came to academia from a stint in the
Justice Department during the Nixon administration. I had been a very low level
attorney in the Antitrust Division, but because Watergate and other
scandals had transpired during my time there, some might have
doubted the suitability of assigning a former DOJ attorney from that
era to instruct future lawyers on the finer points of legal
ethics. Perhaps it was
the fact that I had survived the “Saturday Night Massacre” that gave
my dean the confidence to make this assignment. (Of course, the heroes of
Watergate were those who did not survive the “Saturday
Night Massacre.”)
Despite a rocky beginning in the course, I stayed with it,
and most of my scholarship has been focused on the legal profession
and legal ethics.
As I
developed as an academic in the field of legal ethics, I spent a lot
of time considering the relationship between legal education and the
behavior of lawyers. I
resisted the notion, advanced by some practitioners and
commentators, that it must be inadequacies in legal education that
were to blame for the shortcomings of the legal profession. Similarly, I was skeptical
of the claim that law schools held the primary responsibility for
reforming the profession.
When the MacCrate Report was published in 1992,[i]
I embraced its premise that law schools and the profession both play roles in an
“educational continuum” that shapes the attitudes, values, and work
habits of lawyers. This
insight made perfect sense to me. It corroborated what I had
recently concluded in the most ambitious scholarship I had produced,
an empirical study that probed the relationship between what
students learn about legal ethics in the classroom and what they
learn in practice settings outside the law schools.[ii] After a number of years of
teaching professional responsibility by that point, I had the
distinct sense that I was relatively powerless to influence law
students to behave in ways that were not embraced by the
professional culture in which they would work. The results of my empirical
study, based on data gathered over several years from law students
who were working in law offices while attending law school, were
consistent with this view.
My work as
a professor of professional responsibility had produced many
opportunities to interact with lawyers in the city and state where
my law school is located.
Speaking opportunities abounded as mandatory continuing legal
education took hold, with its separate ethics requirement. In 1986, I was invited to
write a monthly column on legal ethics for the local county bar
newspaper, with a readership of 2,000, which continues to this
day. This led to more
speaking invitations and then appointment to various state and
county bar association committees dealing with such subjects as the
Rules of Professional Conduct, legal ethics, the disciplinary
process, professionalism, and the state’s student practice
program. Thus, I was
playing an active role in the organized bar at the time of my
appointment as dean.
In
my interactions with bar leaders and rank and file lawyers, I had
found a level of interest and deference that, frankly, was
unexpected. It had
become clear to me that there is a thirst within the profession to
be engaged with legal scholars. I encountered no disdain for
the “ivory tower professor” because, as a professor, I had not been
cloistered in an ivory tower exhibiting disdain for the
profession. This is not
to say that my scholarship was uncritical of the profession. However, I wrote and spoke
from a point of view that assumed that most lawyers, and the
profession as a whole, had laudable aspirations and would respond
constructively to meritorious criticism.
My
research and scholarship addressed matters that were relevant to the
bar, and many lawyers seemed to relish the opportunity to engage a
professor in conversation about my subject area. The practitioners did not
view me as irrelevant to their professional work; on the contrary,
they viewed me as a valuable resource. As an academic, I was
treated with a level of respect and a degree of credibility that
made my encounters with practitioners satisfying and enjoyable.
The
lawyers with whom I came into contact were interested in more than
legal ethics and professional responsibility; they were interested
in legal education, as well.
They wanted to talk about admissions trends, curricular and
pedagogical matters, and the placement situation. There was a real desire to
be informed about what was going on in the law school world. And there was real value to
me as a teacher and scholar to learn about practitioners’
experiences and views.
These interactions with the profession informed my work as an
academic while giving me an opportunity to influence legal practice,
professional behavior, and the development of law and public policy
through private conversations and bar committee work as well as
through academic scholarship.
Of
course, as an academic, I was aware of the tension between legal
academia and the profession, sometimes reflected in disdainful
attitudes and re mark s running in
both directions.[iii] However, I had come to the
view that the claim that there is a disconnect between the law
schools and the profession was off the
mark . What had happened was that
legal academics and members of the bench and bar had lost sight of
how their work is interrelated.
As I
contemplated the task of serving as dean, I knew that the bar and
the judiciary were important constituencies – not for me, but for
the school. Part of my
job would be to articulate the vision, mission, and programs of our
school to these constituencies, to gain their confidence and support
for the school’s institutional aspirations, while at the same time
communicating to our faculty the interests and concerns of the bar
with respect to legal education. It seemed advantageous to
reach out to the profession, to indicate openness to external
assessment and a willingness to seek to further the higher goals and
aspirations of the bar.
By conveying to the bar and its leadership that the law
school was sincerely interested in a relationship of equality and
mutual respect, I hoped to tap the inherent desire of lawyers to be
involved with legal education and to create an opportunity for the
law school and its faculty to be taken seriously by the bar. I wanted the law school to
be, and to be perceived as, immediately relevant to the
profession.
Thus, it seemed entirely natural for me to seek to
communicate a willingness to engage the bar and its leaders, to
depict the relationship between our school and the bar as a
reciprocal one. The
concept was of a relationship in which neither party would be viewed
as dominant, where each could provide value to the other, and each
would accept rather than disapprove of the perspective of the
other.
In
sum, based on my own experience as an academic, I had come to the
view that a law school can be an integral part of the legal
profession. I thought
there would be value in encouraging both my faculty and the
practicing bar to share this perspective. And so, I articulated the
“integral relationship” concept and looked for ways to put it into
practice.
II.
Putting the “Integral Relationship” Concept Into
Practice
What does it mean for a law school to conduct itself as an
institution that is an integral part of the legal profession? The short answer is that
such a law school will act like a normal law school. Conceptualizing a law school
as an integral part of the legal profession does not require doing
things that law schools have not done traditionally and would not
want to do in the ordinary course of events. It does not require the
school to alter its curriculum or to otherwise patronize the
bar. The school’s
governance remains with the faculty and dean. The “integral relationship”
concept simply requires a mindset that creates an awareness – on the part of
legal educators and practitioners alike – that there is an important
connection between the goals, purposes, and aspirations of the law
school and the goals, purposes and aspirations of the bar. It puts the MacCrate
Report’s “continuum” into practice.
Just Say It. The first step in
bringing the concept to life was to articulate it. It was valuable for alumni,
bar leaders, and members of the judiciary to hear it, because
declaring this orientation attracted their attention and encouraged
them to take notice of the school’s activities. It was important for the
faculty, administration, and staff of the law school to hear it,
because it helped to shape their view of the institution’s
mission. For internal
and external constituents alike, the concept evoked an elevated
sense of relevance for everything that the law school was
doing.
Be Inclusive. One of the first things
we did was to become more aggressive in inviting members of the
profession, including its leaders, to law school events. This began with my
installation ceremony.
This event was planned, not as a celebration of me, but as a
reawakening of interest in the law school. As it happened, our school
is located in the home city of that year’s president-elect of the
American Bar Association.
He came. The
incumbent president of the state bar, many members of the state
bar’s board of governors, and its executive director attended. Jurists from state and
federal courts in our state were present. Leading members of the bar
who are not alumni of our law school accepted invitations to
attend.
Those who were invited to speak at the installation
illustrated, through their careers (which were reviewed as they were
introduced) as well as their words how legal academics contribute
not only to the training of future lawyers, but also to the well
being of the legal profession and improvement of law and legal
institutions. One was
James P. White, then the ABA
’s consultant on legal education. Another was David Ruder,
whose 40-plus year academic career, including a period as dean of
the law school I had attended, was interrupted by a term as Chairman
of the SEC. There was
also Victor Rosenblum, a past president of the AALS, who had a long
record of influential service on the Administrative Conference of
the United States
and whose book, The Making of a Public
Profession (with Frances Zemans) presaged the MacCrate Report’s
articulation of the law school/legal profession “continuum.”[iv]
The immediate
past-president of the state bar (who had appointed me, when I was a
professor, to some important committees) also spoke. Each speaker
touched on the importance of fostering a close and mutually
respectful relationship between the law schools and the
profession.
By
design, the installation ceremony was preceded by one of my school’s
annual endowed lectures, which was delivered by a nationally
prominent scholar, Erwin Chemerinsky. Many of those who attended
the installation ceremony and elegant reception and buffet following
it took in the lecture, which allowed us to showcase legal
education’s academic pursuits in a way that demonstrated how these
were relevant to the work of lawyers and jurists. Members of the profession
who may not have paid much recent attention to discourse occurring
in legal scholarship found reason to reconsider the value of law
schools’ academic contributions. Several thoughtful members
of the bar privately told me how the installation events had
energized them intellectually and made them more respectful of the
legal education enterprise.
A tone had been set.
It was easy to reinforce it by finding frequent opportunities
to engage the bar in the law school’s normal activities. We invited bar leaders and
jurists to our annual orientation for new students. They found it refreshing to
see the maturity and eagerness of those who were striving to gain
entry into the legal profession. We began a tradition of
inviting the president-elect of the state bar to be the featured
speaker at our December graduation ceremony, giving that person an
opportunity to address his or her agenda for the presidential year
that was about to begin.
Be Hospitable. The school opened its
doors to meetings of the state bar’s board of governors, the city’s
association of Black lawyers, the regional Hispanic lawyers’
association, and committees of the local and state bars (on several
of which members of our faculty sit). We hosted the national
Native American Law Student Association’s Moot Court competition and
the National Women Law Students’ Association’s annual meeting, which
included the Sojourner Truth moot court competition. The moot court competitions
brought many judges and practitioners to campus to serve as
judges. Three different
chapters of the American Inns of Court are affiliated with our law
school, and each inn holds at least one meeting each year here. We have encouraged students
and professors to take part in our city’s robust inns. As dean, I have been
appointed as an “honorary master” of two inns, which gives me an
opportunity to interact regularly with thoughtful lawyers and judges
in settings that allow me to gain a deeper appreciation for the
quality of the bar.
Another facet of the school’s engagement with the
profession has been to invite state and federal courts to sit in our
moot courtroom to hold trials and appellate arguments in cases that
are readily accessible to our students. Participating courts have
included the Tenth Circuit Court of Appeals, our state’s highest
appellate court for criminal cases (reviewing capital convictions),
our state’s intermediate civil appellate court, and state trial
courts. The state’s
supreme court has come to our campus to preside over the final round
of our first-year moot court competition. A by-product of bringing
these proceedings to campus is the opportunities they create for
students to interact with the participating lawyers and judges after
the hearings.
Leverage Your
Adjuncts. We sought
to elevate our adjunct faculty by recruiting well-known members of
the legal community, who brought with them not only their expertise,
but also their reputations and their outreach. These adjuncts were given
more opportunities to interact with our students, faculty, and bar
leaders when we began inviting adjunct professors and bar leaders to
more law school events, such as first-year orientations, annual
holiday receptions, dinners for visiting speakers, law review
banquets, and graduation celebrations. The adjunct professors found
our school’s events valuable to them because these events gave them
opportunities to discuss timely topics with faculty and bar
leaders. Their presence
as well as their words reinforced the sense of relevancy and
engagement we were seeking to project, and they began to speak of
this engagement in conversations with their colleagues in
practice.
Reaching out to the profession was neither intended nor
perceived as a gesture of deference or subservience to
practitioners. The
message was simply that law professors and legal practitioners had
much to learn from each other, and we viewed it as a core
responsibility of our law school to be the facilitator of a
productive dialogue cutting across substantive areas and including
issues relating to the governance and performance of the
profession.
Assert
Leadership. We
signaled a willingness to take a leadership role in setting the
agenda for the dialogue, as we created programs that explored issues
that were timely for the bar to consider. This allowed us to
demonstrate how academic inquiry could contribute constructively to
the day-to-day work of the bar as well as the institutional
responsibility of the profession. For example, our school took
the initiative to plan and host the first conferences in our state
focusing on fostering greater diversity in the legal
profession. When it was
alleged that inappropriate use of forensic evidence in our state’s
criminal justice system may have led to a series of wrongful
convictions, we presented a conference to consider the “use and
abuse of forensic evidence.”
In a state with above average incarceration and executions
rates, particularly for women (in both cases), we organized
conferences addressing sentencing in general and the administration
of the death penalty in particular.
Our
programming was not limited to issues that were exclusively of local
and regional interest. We looked for topics that had
a local point of departure, but which were on the national agenda as
well, and thus
attracted nationally-prominent scholars. This was true of the
conferences on the death penalty, sentencing, and forensic evidence
in criminal trials.
Another example of the local/national intersection was a
conference considering the evolution of banking regulation held on
the 20th anniversary of the failure of Penn Square Bank,
a local institution whose demise affected the national banking
system.
Other academic conferences have focused on more general
legal issues such as federalism, the uniform state laws process, and
the revision of the UCC.
For each of these conferences, our local bar had access to
panels that included national academic authorities as well as
important practitioners who are playing leading roles in the fields
of law addressed by the conferences. These programs brought
faculty, practitioners, and students together. Attendance was not always
high, but the caliber of the presentations has been first rate, and
the fact that we were presenting these programs was communicated
broadly through state and local bar publications. Our school became perceived
of as a place where important issues were being explored in
meaningful and accessible ways.
Show Off. With little effort and
expense, we advertise this wide array of events and speakers in
state and county bar publications. The frequency of events,
including those that occur regularly, keeps the school’s name before
the bar and judiciary in a way that conveys energy, liveliness, and
relevance. Knowledge of
our activities thus reaches the entire bar, not just those who are
able to attend the programs.
Besides advertising each event as it occurs, we publish
an “annual report” in the state bar journal reviewing the major
events and speaking appearances of the preceding academic year. The report is presented with
a brief introductory note from the dean reminding lawyers and judges
of our school’s commitment to the “integral relationship” concept
and inviting continued interest and input from members of the
profession.
Seek
Partnerships.
Another aspect of implementing the “integral
relationship” concept has been to seek partnerships with bar
entities to produce events that serve the law school’s academic
mission and our partners’ goals, as well. At our suggestion, our
metropolitan bar association joined with us for an annual Law Day
luncheon. Previously,
the law school and the county bar held separate events on different
dates. The school’s
events were well attended and allowed us to present speakers who
spoke on topics of interest to the local and state bars. However, by initiating a
partnership with the county bar, our Law Day speakers have reached
an even larger audience.
The
selection of the Law Day speaker provides another opportunity for us
to reinforce the image of relevance that the “integral relationship”
concept is intended to foster.
It also allows the school to play a meaningful role in
influencing discourse within the legal profession in our
community. For example,
in the year when the number one priority of the
ABA , under the
leadership of a president from our state, was enhancing diversity
within the legal profession, we invited Robert Benham, the first
African-American Chief Justice of
Georgia
.
In the year following the impeachment trial of President
Clinton, our speaker was Judge Susan Weber Wright, who presided over
Paula Jones’ private suit against Mr. Clinton. In the year following 9/11,
and before the invasion of
Iraq
, our legal community was treated to a
presentation by Columbia
Law
School professor Lou
Henkin, who was present at the founding of the United Nations. Henkin spoke on the
importance of the rule of law in international relations. More recently, we secured an
appearance by Robert Grey, Jr., president-elect of the
ABA (and a former
student of mine at the beginning of my teaching career). Grey helped us present a
program commemorating the 50th anniversary of Brown v. Board of
Education.
Law
Day is an important event in the life of the bar, and, by reaching
out to join the bar in the observance, our school manifests the
sense of “shared enterprise” that is at the heart of the “integral
relationship” concept.
Our school’s sense of engagement with the legal profession is
symbolized by the honored guests that are assembled at the head
table for our legal community’s most widely attended Law Day
function. Typically
included are the presidents of both the county and state bar
associations, the chief judges of the highest appellate courts in
the state, the chief judge of the local federal district court, a
judicial representative from the federal circuit court encompassing
our state, and sometimes the governor and attorney general of our
state. Seated with them
are representatives of the school, including the president of our
university, the president of our student body, and me.
A
particularly successful partnership was formed when the
ABA ’s Central European
and Eurasian Law Initiative (CEELI) accepted our invitation to host
a training program organized under its auspices. For two weeks one summer, a
dozen Armenian criminal defense lawyers were introduced to the
American criminal justice system through a program organized by a
member of our faculty. The program gave us an
opportunity to include many of the key players in the legal system,
including district attorneys, public defenders, jurists, state bar
officials, and private practitioners. These non-academics gave
presentations along side members of our faculty. The lawyers and jurists who
participated were flattered to be invited to “represent” our legal
system to the earnest and appreciative guests, and they were left
with the impression that our school was doing something that was
highly worthwhile and meaningful.
Our
school made a special effort to partner with another ABA program
when we nominated a worthy student as a candidate for a diversity
initiative sponsored by the ABA’s antitrust section. This program makes a limited
number of summer federal judicial clerkships available in the
Northern District of Illinois.
Our candidate was selected for one of these coveted
opportunities, bringing pride to all of us associated with the law
school. When the ABA
president hosted a reception in Chicago for all of the judges, the
student-clerks and their deans, as well as the ABA’s Board of
Governors, I was the only dean who attended. This level of support was
certainly appreciated by our student, but it was also noted by the
ABA leadership.
Partnerships have been forged with specialty groups
within the bar. We have
co-sponsored CLE programs with the state’s criminal defense lawyers’
association and the litigation sections of both the ABA and our
state bar association.
Our contribution to the programs has been to provide the
space for the event.
Our students are allowed to attend any part of the programs
at no charge.
An
especially rewarding partnership has been established with an
admirable local network of pro bono attorneys who address the needs
of neglected and deprived children. The network recruits and
trains students who volunteer to support these lawyers’ good
efforts. Similarly, we
organized and hosted a roundtable of public interest groups and
legal services providers to brainstorm about how the profession,
with the involvement of the law schools, could better address the
enormous unmet need for legal services. We also helped launch a
“volunteer legal center” that linked students and practitioners in
providing a free clinic for lower income persons seeking debt
counseling.
Show Up. Another key ingredient
for implementing the “integral relationship” concept is simply
“showing up.” From the
earliest days of my deanship, I made it a point to attend all sorts
of events involving local, state, and national bar
organizations. Some of
the events involve official functions, such as retirement ceremonies
for high level state and federal judges or the swearing-in of a new
president of the state bar, a new appellate judge, initiates to the
state bar, or even new members of the U.S. Supreme Court Bar. Other events fall in
the category of professional meetings or major CLE programs, such as
our state bar’s annual Women in Law Conference, the annual meeting
of the state bar, and the county bar’s annual Bench and Bar
Conference. And there
are also social events, such as the annual holiday party, awards
luncheon, and dinner-dance of the county bar association. Simply by being present at
this range of events conveys a message that our school views these
functions as important and we want to have an active partnership
with the bar.
It
is not just the dean whose activities convey this message. Several members of our
faculty take an active part in the work of bar committees and task
forces. Faculty members
have also served as reporters for drafting projects under the
auspices of the National Conference of Commissioners on Uniform
State Laws and the ABA.
Faculty have been good sports by accepting speaking
invitations for CLE programs and meetings of specialized bar
groups.
Our
school “shows up” institutionally, as well. The state’s bar officials
and delegates to the ABA House of Delegates are invited to our
alumni receptions held in conjunction with the ABA annual
meetings. We purchase a
table at important luncheons and dinners of the county and state bar
associations. The
tables are filled variously with faculty, administrators, and alumni
of the law school.
Have a Party. One of our bolder
initiatives was to commence an annual law school gala and awards
banquet, where we could invite the legal community to celebrate the
achievements of members of the bar and our law school. Presenting the awards gives
us an opportunity to showcase lawyers whose careers were nurtured at
our law school. In
addition, an annual “Mark of Distinction” award is presented to a
law firm, allowing our school to make a statement about the kinds of
performance that are worthy of professional admiration. We have been told that our
gala has become the leading social event for the legal profession in
our community. Of
course, it engages alumni, but it also draws many lawyers and judges
who are not.
Stay True to Your
Mission. The reader
will note that none of the steps mentioned in this section relate to
curricular changes.
This is because curricular change is not necessary to
implement the “integral relationship” concept. Rather, the concept enables
us to better convey the sense that a school’s existing curriculum
is already closely
connected with what lawyers do and the issues on which they could
profitably be focusing.
The more the bar knows about law school curricula, the more
confidence lawyers gain in the law school, as myths about
irrelevance are dispelled.
One
aspect of my school’s curriculum that furthers the implementation of
the “integral relationship” concept is our carefully designed
externship program.
This program was not
created to implement this concept but, rather, to implement our
faculty’s determination that a well-monitored externship program is
an excellent way to offer skills instruction. With a full-time,
tenure-track professor serving as director of externship programs,
we have a system in place that puts students and a member of our
faculty in regular contact with lawyers and judges throughout the
legal community who are delighted to be partners with us in
fulfilling our school’s teaching mission. These lawyers and judges are
made to feel connected with the law school by, for example, being
welcomed to law school functions. Their participation in our
program enables them to become well informed about the school and
the talents and aspirations of our students. Thus, our externship program
helps us educate the bar about legal education. Conversely, the feedback our
externship director receives from the field supervisors informs us
about views from the profession regarding the adequacy of the
preparation we are providing to our students. To date, this feedback has
been very positive.
Just
as the “integral relationship” concept does not require curricular
adjustments, neither does it distort the scholarly agenda of the
faculty. Many schools
already have some scholars whose work focuses directly on
organizational, institutional, and substantive issues regarding the
legal profession. But
theoretical, empirical, and doctrinal work in other fields is
equally valuable to the profession. The “integral relationship”
concept provides an effective platform for demonstrating that value
to external constituencies.
III. Benefits of Implementing the
“Integral Relationship” Concept
The
previous section touched on some of the benefits to the school from
implementation of the “integral relationship” concept. The benefits fall into two
categories. (1) From
the external perspective, the school has gained visibility, respect,
confidence, and support.
It is viewed with a greater sense of relevance by lawyers and
judges whose opinions matter.
(2) From the internal perspective, it has gained a greater
sense of purpose, energy, insight, and influence. Faculty and senior
administrators have a greater sense as to how their work can and
does influence the work of lawyers and judges.
While we have made no attempt to measure the changing
perceptions held by external constituents about our institution,
there is little doubt that there is greater awareness of, interest
in, and appreciation for our law school’s academic programs and
intellectual vitality.
While these effects have been most apparent at the local and
state level, the impact has been felt at the national level, as
well.
Attendance at law school events has increased. Consulting and advisory
opportunities for faculty have expanded, as have opportunities for
students to interact with the profession. Our students’ assimilation
into the legal profession has been furthered. The breadth and strength of
our faculty are much more widely acknowledged than before. Annual giving to the law
school – from both alumni and those who are not alumni – has
increased.
Successive state and county bar presidents have turned
to our law school with increasing frequency for appointments to
important committees and task forces. As chief spokesperson for
the law school, a good share of these appointments have come my way,
but faculty members and senior administrators also have been tapped
more often for assignments on the local and state levels. Opportunities for service at
the national level of professional organizations, such as the ABA
and NCCUSL, have also expanded. These assignments enrich our
faculty’s scholarship and teaching. I hasten to add that the
involvement of our faculty in bar projects and committees has not
diverted them from their scholarly and teaching missions. Actually, their scholarship
and classroom engagement have benefited from their service to the
bar.
In
sum, my law school is taken more seriously by members of the legal
profession. It is
viewed with greater respect.
It is looked to for leadership. These perceptions on the
part of the profession at large pay dividends in terms of student
recruitment, retention, and placement. They create a more favorable
climate for fundraising.
Finally, they have brought enhanced pride to our alumni, who
now have an additional reason, beyond loyalty, to support the school
that nurtured their careers.
IV.
Is the “Integral Relationship” Concept Transferable to Other Law
Schools?
Any law school can adopt the “integral relationship”
concept. This concept
should be only one aspect of a law school’s identity. Putting the concept into
effect does not require a law school to depart from its own unique
mission. Its
curriculum, teaching objectives, and the scholarly agenda of its
faculty need not change.
All that is required is for a law school to conduct its
affairs with a heightened awareness that its mission is indeed
related to the needs, goals, and aspirations of the legal profession
– and communicate that awareness to external constituencies. Any law school can do this,
and any law school can gain greater visibility, respect, and
confidence from the bench and bar by doing so. One would think that any law
school that seeks to acquire or retain approval from the American
Bar Association’s Section on Legal Education and Admissions to the
Bar would benefit from adopting the “integral relationship”
orientation to its operations.
The
law school I serve as dean is a very traditional institution. We are not doing anything
that is fundamentally different from what all law schools do. Our faculty and
administrators are simply improving our understanding of how what we
do affects the legal profession. In doing so, we are
improving the understanding of the bench and bar regarding the
relevance of our operations to their professional lives. We are creating a sense of
connection that is mutually beneficial for educators and
practitioners. We are
elevating the understanding of lawyers and judges about legal
education today, helping them to see that, even if they are not our
alumni, they are stakeholders in our school – indeed, that they have
a stake in our success in fulfilling our mission.
A
law school’s history and place may affect the ease with which the
“integral relationship” concept can be implemented. My law school is located in
a moderate-size state (about 3.5 million citizens; about 15,000
practicing lawyers). We
have a unified bar. Our
school is located in a state capital city, just about a mile from
the state capitol complex and the state bar headquarters. There is a very strong,
well-organized, active local bar association in our community. There are only three law
schools in our state competing for the attention of the bar. Each of these factors makes
it relatively easy to garner attention from bar leaders and the
legal profession as a whole.
Many schools find themselves in a similar environment and
would, thus, find it easy to put the concept into practice. Other schools might find it
more difficult to forge the connections that have worked so well for
us. Still, the
differences would be only a matter of degree.
Therefore, I encourage other deans to consider
conceptualizing their law schools as integrally related to the legal
profession. Adopting
this point of view can energize the academic enterprise without
altering it. And your
school can be rewarded with a heightened degree of visibility,
respect, and confidence from an important external
constituency.
* Dean and
Professor of Law, Oklahoma City University. B.A. 1966, Washington &
Lee University; M.B.A. 1967, J.D. 1970, Northwestern
University.
[i]
American Bar Ass’n Section of Legal Education and Admissions to the
Bar, Legal Education and
Professional Development--An Educational Continuum, Report of the
Task Force on Law Schools and the Profession: Narrowing the
Gap [The MacCrate Report] (1992).
[ii]
Lawrence K. Hellman, The
Effects of Law Office Work on the Formation of Law Students’
Professional Values: Observation, Explanation, Optimization, 4
Geo. J. Legal Ethics
537 (1991).
[iii]
See, e.g., Harry T.
Edwards, The Growing
Disjunction Between Legal Education and the Legal Profession, 91
Mich. L. Rev. 34
(1992); Harry T. Edwards, The
Growing Disjunction Between Legal Education and the Legal
Profession: A Postscript, 91 Mich. L. Rev. 2191 (1993);
Harry T. Edwards, The
21st Century Lawyer: Is There a Gap To Be
Narrowed? Another
“Postscript” to The Growing Disjunction Between Legal Education and
the Legal Profession, 69 Wash. L. Rev. 561
(1994).
[iv]
Frances K. Zemans &
Victor G. Rosenblum, The Making Of A Public Profession
(1981). |