As
few as 23% of all lawyers believe that law students are ready to practice law
when they graduate. The Institute for the Advancement of the American Legal
System (IAALS), a research center at the
University of Denver, is examining what foundations fledgling lawyers need to
begin a successful practice and what legal education models support those
foundations. What can we learn so far from the Institute’s research as it
applies to teaching law students about a litigation practice?
IAALS
has published two monographs. The first issue entitled “Foundations for Practice: The Whole Lawyer and the Character Quotient” explores what the legal
profession believes new lawyers need to be successful and makes
recommendations. The Institute surveyed more than 24,000 lawyers to determine
what characteristics, such as integrity and common sense, and professional
competencies were important for new lawyers. More narrowly, they submitted
questions to lawyers who had a litigation practice. At least half of the
respondents considered three foundations to be necessary in the short term, as
follows: drafting pleadings, motions and briefs (72%); request and produce
discovery (65%) and interview clients and witnesses (50%). Other foundational
skills with significant percentages included: comfortably engage with
e-discovery processes and technologies (45%); draft demand letters and releases
(42%); prepare a case for trial (27%); provide quality in-court trial advocacy
(27%); conduct and defend depositions (24%); prepare for and participate in
mediation (21%).
Knowing
what lawyers are looking for in a new hires informs those of us who teach
pretrial and trial advocacy about where we should place our emphasis. It is
gratifying to know that our advocacy courses concentrate on the desired skills.
Our two books, Pretrial Advocacy and Trial Advocacy explore these subjects in depth and provide students
with experiences in drafting the mentioned documents and performing, such as
taking and defending depositions and engaging in all aspects of trial from case
preparation through closing argument.
The Institute’s
second monograph, “Foundations for Practice: Hiring the Whole Lawyer:Experience Matters,” reports on the Foundation’s survey of lawyers that asked
how lawyers would hire if they wanted to hire those with the needed foundations
to practice. The report summarized its findings as follows:
“We learned that
experience matters. While many employers in practice still rely on criteria
like class rank, law school, and law review, our respondents indicated that if
they wanted to hire people with the broad array of foundations they identified
as important, they would rely on criteria rooted in experience, including legal
employment, recommendations from practitioners or judges, legal externships,
participation in a law school clinic, and other
experiential education.” (emphasis added)
Specifically,
the report indicates that of all the listed hiring criteria, 32% of the
respondents found experiential education very helpful in hiring. It is
gratifying to know that pretrial and trial advocacy courses with strong
experiential components will provide the type of foundation that practitioners
are looking for in candidates for employment.
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