Re:The Student Loan Debt Crisis Is About to Get Worse
by torstenvl on Wednesday October 17, 2018 @05:02PM
(#18243785)
> There isn't [a 'good reason[] for requiring all aspiring lawyers to go to law school instead.']
In my view, there are two good reasons.
First, the legal job positions that only require a mechanistic understanding of the law have been automated. The days of needing a "country lawyer" whose practice consisted of basic family law like wills are gone, thanks to LegalZoom and similar services. The jobs that were best filled by these people have been automated away. In the jobs that remain, it's not enough just to know the law, but you must learn to think in a legal/analytical way. This is not a skill that comes easily just from reading statutes and some case law under supervision.
Second, the size and complexity of the American legal regime, including the administrative state, has made it necessary for lawyers to (a) specialize; and (b) be able to issue-spot in areas well outside their expertise, to know when to look for help. Although a mergers and acquisitions attorney might be able to apprentice a young aspiring lawyer in that area, they're unlikely to be able to transfer all the latent knowledge they have of other areas of law. As an example, I have about a decade of experience in my practice areas, and would be wholly incapable of apprenticing an aspiring lawyer in the area of, say, commercial paper to the point of being able to pass the bar exam. The first requirement (depth in a specialty area) makes most practicing attorneys ill suited to train someone to standard in the second requirement (latent breadth).
In my view, there are two good reasons.
First, the legal job positions that only require a mechanistic understanding of the law have been automated. The days of needing a "country lawyer" whose practice consisted of basic family law like wills are gone, thanks to LegalZoom and similar services. The jobs that were best filled by these people have been automated away. In the jobs that remain, it's not enough just to know the law, but you must learn to think in a legal/analytical way. This is not a skill that comes easily just from reading statutes and some case law under supervision.
Second, the size and complexity of the American legal regime, including the administrative state, has made it necessary for lawyers to (a) specialize; and (b) be able to issue-spot in areas well outside their expertise, to know when to look for help. Although a mergers and acquisitions attorney might be able to apprentice a young aspiring lawyer in that area, they're unlikely to be able to transfer all the latent knowledge they have of other areas of law. As an example, I have about a decade of experience in my practice areas, and would be wholly incapable of apprenticing an aspiring lawyer in the area of, say, commercial paper to the point of being able to pass the bar exam. The first requirement (depth in a specialty area) makes most practicing attorneys ill suited to train someone to standard in the second requirement (latent breadth).