Legal education in the United States

Legal education in the United States generally refers to the education of lawyers before entry into practice. (Other types of legal education, such as that of paralegals, of Limited Practice Officers (in Washington), and of the citizenry in general, and of the education of lawyers after admission to the bar (continuing legal education) are not covered in this article.

Initially there was much resistance to lawyers in colonial North America because of the role they played in hierarchical England. Slowly the colonial governments started using the services of professionals trained in the Inns of Court, and by the end of the Revolution there was a functional bar in each state. As institutions for training developed in the colonies, because of the distrust of a profession only open to the elite in England, the institutions which developed in what would become the United States would be much different from those in England.

Initially in the United States, the legal professionals were trained and imported from England A formal apprenticeship (training) or clerkship program was established first in New York in 1730—at that time a seven-year clerkship was required, and in 1756 a four-year college degree was required in addition to five years of clerking and an examination.Later the requirements were reduced to require only two years of college education.A system like the Inns did not develop, however, and a college education was not required in England until the 19th century, so the American system was unique.

The clerkship program required much individual study. The mentoring lawyer was expected to carefully select materials for study and to guide the clerk in his study of the law to ensure that the material was being absorbed.The student was supposed to compile his notes of his reading of the law into a “commonplace book”, which he would endeavor to memorize.Although those were the ideals, in reality the clerks were often overworked and rarely were able to study the law individually as expected. They were often employed to tedious tasks, such as making handwritten copies of documents. Finding sufficient legal texts was also a seriously debilitating issue, and there was no standardization in the books assigned to the clerk trainees because they were assigned by their mentor, whose opinion of the law may be different greatly from his peers.One famous attorney in the United States, William Livingston, stated in 1745 in a New York newspaper that the clerkship program was severely flawed, and that most mentors “have no manner of concern for their clerk’s future welfare…is a monstrous absurdity to suppose, that the law is to be learnt by a perpetual copying of precedents.”There were some few mentors that were dedicated to the service, and because of their rarity, they became so sought after that the first law schools evolved from the offices of some of these attorneys who took on many clerks and began to spend more time training than practicing law.

It was seen over the years that the apprenticeship program was not capable of producing lawyers capable of serving their clients.The apprenticeship programs often employed the trainee with menial tasks, and while they were well trained in the day-to-day operations of a law office, they were generally unprepared practitioners or legal reasoners.The establishment of formal faculties of law in U.S. universities did not occur until the latter part of the 18th century.The first law degree granted by a U.S. university was a Bachelor of Law in 1793 by the William and Mary College, which was abbreviated L.B.; Harvard University was the first university to use the LL.B. abbreviation in the United States.

The first university law programs in the United States, such as that of the University of Maryland established in 1812, included much theoretical and philosophical study, including works such as the Bible, Cicero, Seneca, Aristotle, Adam Smith, Montesquieu andGrotius.It has been said that the early university law schools of the early 19th century seemed to be preparing students for careers as statesmen rather than as lawyers.At the LL.B. programs in the early 1900s at Stanford University and Yale continued to include “cultural study,” which consisted of courses in languages, mathematics and economics.

In the 1850s there were many proprietary schools which originated from a practitioner taking on multiple apprentices and establishing a school and which provided a practical legal education, as opposed to the one offered in the universities which offered an education in the theory, history and philosophy of law.The universities assumed that the acquisition of skills would happen in practice, while the proprietary schools concentrated on the practical skills during education.

In part to compete with the small professional law schools, there began a great change in U.S. university legal education. For a short time beginning in 1826 Yale began to offer a complete “practitioners’ course” which lasted two years and included practical courses, such as pleading drafting.U.S. Supreme Court justice Joseph Story started the spirit of change in legal education at Harvard when, as a lecturer there in the early 19th century, he advocated a more “scientific study” of the law.Therefore, at Harvard the education was much of a trade school type of approach to legal education, contrary to the more liberal arts education advocated by Blackstone at Oxford and Jefferson at William and Mary.Nonetheless there continued to be debate among educators over whether legal education should be more vocational, as at the private law schools, or through a rigorous scientific method, such as that developed by Story and Langdell.In the words of Dorsey Ellis, “Langdell viewed law as a science and the law library as the laboratory, with the cases providing the basis for learning those ‘principles or doctrines’ of which ‘law, considered as a science, consists.’” Nonetheless, into the year 1900 most states did not require a university education (although an apprenticeship was often required) and most practitioners had not attended any law school or college.

Therefore, the modern legal education system in the U.S. is a combination of teaching law as a science and a practical skill,implementing elements such as clinical training, which has become an essential part of legal education in the U.S. and in the J.D. program of study. Whereas in the 18th and 19th century, few U.S. lawyers trained in an apprenticeship “achieved a level of competence necessary to adequately serve their clients,” today as a result of the development of the U.S. legal education system, “law graduates perceive themselves to be prepared upon graduation” for the practice of law.

Legal Education System

Becoming a lawyer in the United States requires a structured curriculum that is made up of high standards and academically rigorous classes. By better understanding legal education in the US, you will be better prepared to decide if a career in law is right for you! You can start your path to a career in law as soon as you complete your high school diploma. As an overview, here are the most important steps that will lead you to a successful career as an attorney:

1. Bachelor's degree at university or college - approximately 4 years
2. LSAT preparation exam - determined by your aptitude and law school
3. Law school to earn Juris Doctor - approximately 3 years
4. Bar examination - immediately after law school
5. Certification to practice law - received after passage of bar exam

Pre-Law

Legal education in the US is unique since there is no formalized law program upon completing high school. Instead, students complete their undergraduate degree in their subject of choice. This provides students with the opportunity to study any subject before deciding that a career in law is right for them. To complete their undergraduate degree, American students go to a college or university to receive their bachelor’s degree. A bachelor’s degree in the US is usually four years but can range from two to six years and certifies full-time studies within a particular subject. The subject that the student specializes in is also known as the student’s major. Because there is no defined path to study law at this point in the education, it is important for students to concentrate on building their oratory, written, analytical, and critical thinking skills.

According to the American Bar Association (ABA), a volunteer organization of lawyers and law students that set standards for the American legal profession, “the ABA does not recommend any undergraduate majors or group of courses to prepare for a legal education. Students are admitted to law school from almost every academic discipline.” So there is truly no required course at all to get into law school - great lawyers can start as English majors, history majors, engineers, doctors, pilots, builders and everything in between!

Most law schools evaluate a student’s academic performance based on their grade point average (gpa). A grade point average measures a student’s academic achievement over the course of their degree usually out of a scale of 4.0. This number is a critical indicator for law schools as, together with the LSAT score, it is used to predict future performance in law school. Students are therefore encouraged to study a field of interest where they will both earn high grades and that will also improve writing, speaking, critical thinking and problem solving skills.

LSAT Exam

Another important factor in law school admissions is the Law School Admission Test (LSAT). For many, this is the first step toward a career in law. Many students will take the LSAT exam if they plan to continue to law school immediately after graduating with their Bachelor’s degree. Other students may join the work force before they determine that a career in law is right for them. In either case, the true first step to becoming an attorney is sitting for the LSAT exam. Law schools use the LSAT as an important indicator of a student’s potential for success in law school.

The LSAT exam is a standardized test administered four times a year testing student’s analytical and logical reasoning skills. Lasting half a day, students complete five sections of multiple choice questions along with a written section that is sent directly to law schools unscored. Many students spend months prior to the exam taking sample tests and using external resources like tutors and prep classes to prepare themselves. It is important for students to do well since all results, even if students retake the exam, will be sent to admissions for review. Additionally, under normal circumstances, individuals cannot take the LSAT more than three times in any two-year period so it is important to come to the testing center prepared.

Law School

Applying to law school in the US is not an easy process! Law school selection alone can be difficult. The ABA recognizes over 200 accredited institutions in the US including private law schools, public law schools, law schools affiliated with larger colleges/universities, and even independent law schools. Once your application has been evaluated, you may just be lucky enough to receive a welcome letter in the mail! If you are accepted to law school, it’s time for you to mentally prepare. Many students say that law school is a difficult challenge, especially in the first year where you are adjusting to a new, academically challenging schedule and environment.

Students are typically referred to as 1Ls in their first year of law school, 2Ls in their second year of law school, and finally 3Ls in their third year of law school. Students can expect to take courses covering Constitutional law, civil procedure, contracts, evidence, criminal law, torts, legal writing and research, and property just to name a few courses. Most 1Ls have a set curriculum that is developed by the school to provide students the exposure they need. At the same time, the first year also serves to lay the foundation of skills as students continue their legal education in the US. 2Ls and 3Ls are usually able to choose their own classes based on their interest of legal study such as contract law, tax law, international law, etc.

Schools generally vary in curriculum so it is important to investigate classes, teaching methods, evaluation, and more, even before you submit your application. Many law classes focus on analyzing legal issues, reading cases, identifying the facts, and finally applying law to these facts. Finally, once you successfully complete your 3-year law school, you will be issued your Juris Doctor degree (J.D.) which will allow you to sit for the bar examination.

Bar Examination

The bar examination in the United States is required before students begin practicing law. In order to receive a license, students must contact the state board of bar examiners to schedule a time to sit for the test. These licenses provide authorization to practice in that state alone. Students who intend to practice in multiple US states investigate which other US states will allow them to “waive” into their state bar – no one wants to sit for multiple state bar exams if it can be avoided!

Once students have determined the state in which they’d like to practice, the next step is to register for the state administered bar exam. Most bar exams are approximately two days long and a few states have three day exams. There are multiple choice and essay questions designed to test knowledge on general legal principles across a wide variety of topics, and knowledge of state-specific laws and principles. Most students participate in a bar review or other bar exam review course to prepare for this test. The bar examination is the final step in your legal education in the US before you begin practicing law in your state.

How to Choose the Right Law School

International students who are applying to law schools in the US will first have to determine what law school is best for them. How to choose the right law school is a big question. There are a lot of qualities to look for in a good law school. Students should be sure to do thorough research into potential law schools, and apply to the ones they feel will provide the best fit for them.

Rankings

Law school rankings are becoming more and more important to incoming law students looking to find the right school. All accredited law schools in the US are ranked annually based on a number of different criteria. These criteria include quality, rankings by lawyers, selectivity, placement success, and bar passage rate. International students often look into the results to choose which law school they want to attend. Generally speaking, the higher ranked the law school, the more likely they are to put a student into a law position following graduation. Most current students would say that schools in the top 100 are the first place one should start looking. Find schools that interest you and also have the quality education that will help you once you enter the profession. The next tier of law school is the top 40 ranking, which are more selective and have even better success in placements and quality. Lastly are the top 12 schools, which are generally seen as the best law schools and most competitive. Many of the biggest firms around the country recruit directly out of these schools and look to select the top students in each class to come work for them as summer associates and eventually full time employees.

The School’s Location

One of the most important things to consider when asking how to choose the right law school is where the school is located geographically. Why is this important? In most cases, the region in which the school is located in is very likely to be where you will find work as a lawyer (that is, if you do not return back to your home country!). There are a few reasons for this.

1. First off, law degrees are very regional, meaning that they carry much more weight in your area than in another. A student who earned a degree from a school in Florida is far more likely to find work in a nearby city than a student from Mississippi looking to work in the state. While exceptions happen, it is becoming rare to see out of area students practicing law in a far off city.
2. Another reason is because of the local alumni base. Alumni from a college are more likely to hire a law student from their alma mater than from a different school. Most firms are opened in the region around where a person graduated.
3. The final, and perhaps most important, reason that a law degree tends to be regional is the bar. Each state requires a lawyer who wants to practice in that state to pass a bar exam. State laws differ from state to state, and a student who studied law in Georgia may not be prepared to pass the bar in Florida. There are, of course, exceptions to all these rules. The best schools in the country extend degrees that are admired nationally. Students from these schools can find work just about anywhere and are heavily recruited by law firms.

A School with the Right Field of Study

Lastly, international students asking how to choose the right law school should look into studying at a law school that has courses in the type of law they wish to study. Some schools have better reputations in certain types of law. These reputations stem from the faculty that the schools employ and their former positions. Schools may have great programs in public service law such as working for the state or public defender’s office. Other schools may have top notch programs in sports law and have a reputation for putting out some of the best sports agents or sports related lawyers. Other types of programs may be human rights law or environmental law. Students should look into each school and see if their field of study matches the type of programs that law schools in the US offer.