Comments on: Stuckey Comments on Proposed Revisions to ABA Standards http://bestpracticeslegaled.albanylawblogs.org/2009/12/23/stuckey-comments-on-proposed-revisions-to-aba-standards/ A Vision and a Road Map Thu, 09 Sep 2010 16:58:23 +0000 hourly 1 http://wordpress.com/ By: Mary Lynch http://bestpracticeslegaled.albanylawblogs.org/2009/12/23/stuckey-comments-on-proposed-revisions-to-aba-standards/#comment-2106 Mary Lynch Wed, 30 Dec 2009 22:36:54 +0000 http://bestpracticeslegaled.albanylawblogs.org/?p=1149#comment-2106 I am deeply disturbed my the most recent version of the ABA Standards and in particular the rejection of the recommendation of the Ad Hoc Working Group on Learning Outcomes to include (as Roy so well describes) a standard "requiring law schools to offer a curriculum that requires all students to participate in multiple courses in which they perform well-supervised authentic legal work on realistic legal problems designed to encourage reflection by students on their professional experiences, the values and responsibilities of the legal profession, and the development of the ability to assess one’s own performances, levels of competence, and professional judgment." Rather than a "tweaking" or a "compromise, " the "new" proposal of only "one supervised learning experience" (including simulations) seems more of a justification for the current state of legal education than a description of where legal education OUGHT to be. There is nothing aspirational or encouraging for those who are truly concerned about the ability of our profession to be transparent for the consumer-clients as well as the consumer-law students. It also appears to me to that this most recent draft is a wholesale rejection of everything Carnegie, Best Practices, LEARN and the Learning Outcomes study demonstrates is necessary in legal education. Just as higher education is being forced to justify its high costs, and law schools as they currently exist may well go the way of the dinosaur, our Standards Review Committee is sinking its head into the sand..... Am I being too harsh? I am deeply disturbed my the most recent version of the ABA Standards and in particular the rejection of the recommendation of the Ad Hoc Working Group on Learning Outcomes to include (as Roy so well describes) a standard “requiring law schools to offer a curriculum that requires all students to participate in multiple courses in which they perform well-supervised authentic legal work on realistic legal problems designed to encourage reflection by students on their professional experiences, the values and responsibilities of the legal profession, and the development of the ability to assess one’s own performances, levels of competence, and professional judgment.”

Rather than a “tweaking” or a “compromise, ” the “new” proposal of only “one supervised learning experience” (including simulations) seems more of a justification for the current state of legal education than a description of where legal education OUGHT to be. There is nothing aspirational or encouraging for those who are truly concerned about the ability of our profession to be transparent for the consumer-clients as well as the consumer-law students. It also appears to me to that this most recent draft is a wholesale rejection of everything Carnegie, Best Practices, LEARN and the Learning Outcomes study demonstrates is necessary in legal education. Just as higher education is being forced to justify its high costs, and law schools as they currently exist may well go the way of the dinosaur, our Standards Review Committee is sinking its head into the sand….. Am I being too harsh?

]]> By: Irene Scharf http://bestpracticeslegaled.albanylawblogs.org/2009/12/23/stuckey-comments-on-proposed-revisions-to-aba-standards/#comment-2092 Irene Scharf Mon, 28 Dec 2009 02:29:06 +0000 http://bestpracticeslegaled.albanylawblogs.org/?p=1149#comment-2092 I'm truly grateful to Roy for spending the time to dissect the proposed revisions to the ABA standards and to make such specific and well-defined suggestions as to how to improve them, from a Best Practices point of view. His references to the Carnegie Report should be well-received. Especially at this time of year, where many of us are "distracted" from our work by the events of the season, it's wonderful to be able to rely on Roy's expertise on these issues. I’m truly grateful to Roy for spending the time to dissect the proposed revisions to the ABA standards and to make such specific and well-defined suggestions as to how to improve them, from a Best Practices point of view. His references to the Carnegie Report should be well-received. Especially at this time of year, where many of us are “distracted” from our work by the events of the season, it’s wonderful to be able to rely on Roy’s expertise on these issues.

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