The 19th Century Called–It Wants its Law School Curriculum Back
Law firms need to start focusing on teaching skills in addition to offering doctrinal courses if they want to prepare lawyers for the future.
March 08, 2023 at 09:15 AM
5 minute read
Legal EducationIn 1871, Christopher Columbus Langdell, Dean at Harvard Law School, published the first textbook of cases, introducing a pedagogy that continues in law schools around the world to this day. More than 150 years later, we continue teasing out principles from the case method of teaching as a rite of passage. For Langdell and the subsequent legions of law professors, it was caselaw Über Alles. For generations, they have believed that students can best understand the evolution of the law by reading cases rather than by studying isolated doctrine out of context. It surely is an effective way to learn the law if you are going to go clerk for a judge or be a judge.
But softer skills like cultural competencies, drafting, fact-finding, and problem identification—those that are practical for the classroom and the workplace—are relegated to the sidelines. It has only been a few decades since legal skills—deemed as not academically serious enough to earn some law professors tenure or equal pay with colleagues who teach so-called doctrinal courses—have even been integrated into the legal curriculum. Given that most civil cases settle, and most criminal cases get plea bargained, it seems a mismatch that very few law students study mediation and negotiation, key skills they will need in their future careers.
It is no surprise then the legal academy should be so resistant to offering (or only tentatively offering) courses on computational law and artificial intelligence (AI), disruptive technologies that can have a profound impact on legal practice in the future. But law schools will fail their students if they do not prepare them for the coming Law 4.0 era. While anchoring the practice of law to fundamental principles of justice, Law 4.0 navigates new innovations and mandates reform in the practice of law and in the classroom. Law 4.0 requires our lawyers to be digitally fluent and tech-savvy. They should be ready to defend their clients' best interests in both the physical and virtual worlds. The legal sector should enable access to justice through technology while maintaining ethical standards and exercising professional responsibility.
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