Going Back to Basics: Changing the Law School Curriculum by Implementing Experiential Methods in Teaching Students the Practice of Law

Abstract

Legal education has undergone significant changes from the apprenticeship system of the eighteenth century to the more formalized legal education of today. While most of these changes have been beneficial, practical real world education and skills are missing from most students’ legal education. Experiential legal education programs, which are available at virtually all law schools, in some form, is an excellent way to bridge the gap between the skills taught in the classroom environment and the skills required to be a successful attorney practitioner. For example clinical education provides students with real legal skills that are considered valuable by many employers. Even though experiential education programs are extremely beneficial to students, employers, and the community, the benefits provided by experiential education can be increased by making them mandatory and modifying the experiential programs. This paper explores the need for mandatory experiential programs and their impact on modern legal education. Specifically, this article explores the vital role that clinics and other practical skills programs play in legal education. Introduction: As the primary means for educating future lawyers, the quality of education offered by law schools is important to both law students and the community at large. Because of the important role of law schools in society, it is crucial that educators ensure that law students are receiving an education that will give them a solid foundation as practitioners. Studies and critiques of modern law schools reveal several striking similarities. These studies show that modern law schools offer an integrated curriculum and teach legal analysis in the classroom, but could benefit from an increased focus on practical skills, ethics, and communication skills. This leads to the conclusion that law schools need to provide programs that focus on training students for the actual practice of law. Clinical legal education fulfills this objective by giving students an opportunity to obtain experiential learning. Experiential learning encompasses all three domains of learning: cognitive, performance, and effectiveness. It ensures that the students’ education encompasses the four stage sequence of optimal learning: theory, application, experience, and reflection. Thus, experiential learning allows students to learn and apply legal skills in a manner that is not available in the classroom environment. This article further explores the vital role that clinics play in legal education. The article begins with a history of clinical legal education and a summary of modern legal education, so we can examine where we have been and the current state of legal education. Then, the article explains the important role that clinical education plays in the bigger picture of modern legal education. Finally, the article more closely examines the nature of clinical education today, discusses several innovative apprenticeship programs, and offers suggestions as to how clinical education can be improved to ensure that students are receiving a legal education that will truly prepare them to enter the workforce as counselors and advocates. Conclusion: As we have seen, clinics play a crucial role in a legal education by offering students real-world experience and bridging the gap between theory and practice. Clinical legal education is essential because it helps ensure that students are prepared for the practice of law, and teaches them to act ethically, competently, and responsibly. Through making clinical, apprenticeship, and externship programs mandatory for all students, and integrating clinical methodology and goals into the core curriculum, legal educators will ensure that their graduates are better prepared for the real world of lawyering upon graduation.