I started practicing law the day I was sworn in, but I was ill-equipped to do so as I did not know the basics of running a law firm and practical civil procedure. I had a lot of theory in my head but how it played out in practice, I had no clue. Yes, I did seek employment with a law firm, but after going on an interview, I decided that was not for me. The place at which I interviewed, an insurance defense law firm in Los Angeles, I was told that I would have to dictate letters and reports and that I would not be furnished a computer, and in fact, I could not even bring one of my own. This place was really living in the dark ages and was not for me. I have little patience (in fact, no patience at all) with people who insist on living with yesterday's technology.
So what would I do if I had to design the curriculum of a law school?
It would start with a summer session, in which the student would be introduced to the legal world. It would cover how the law library works, how to use online research like Lexis and Westlaw and how the Internet is generally useful in practicing law. It would cover how to study law, that is, how to brief cases, how to take notes in class, how to make a course outline, how to study for and write exams, how to participate in class. It would cover the organization of the Court system, and give an overview of civil and criminal trials and appellate jurisdiction.
The first semester would cover jurisprudence (that is, how judges decide cases), history of the legal system, constitutional law, criminal procedure, and legal ethics.
The second semester would cover torts and contracts and the remedies associated therewith - nothing more - as it is essential that every student get these subjects down cold.
The summer between the first and second years would cover real property and the remedies associated therewith.
The third semester would cover civil procedure, criminal law, and business organizations (proprietorships, partnerships, limited liability companies, corporations, agency), and evidence
The fourth semester would consist of two courses: family law, community property, adoptions and guardianships; and another wills, trust, estate planning, conservatorships, and probate.
The summer between the second and third years would consist of income tax, bankruptcy, intellectual property, and employment law.
The Fifth Semester would be trial practice, in which the students would try a criminal case and a civil case to conclusion with actors hired to take the parts of parties and witnesses and the faculty acting as judges. This would include pleadings, discovery, motions, settlement negotiations, and an actual trial.
The Sixth and final semester would be Appellate Practice, covering writs, appeals, and oral argument before an appellate tribunal with local lawyers acting as justices.
After that, the law school would conduct a mandatory bar review course, and a JD degree would not be granted unless and until the student passes the bar examination. Those who do not pass would receive a Certificate of Legal Studies.
Above all, I would ditch the socratic method of teaching and use the same teaching techniques good teachers use at the graduate level in colleges and universities. All examinations would be of the essay variety and would be open resource. The students would be graded on their ability to think and analyze, not spit back information. Grading would be qualitative, based on the judgment of the faculty using objective standards, and would require a detailed written evaluation explaining the grade. There would be no curve grading as this results in cut-throat competition between students, something I think hinders rather than encourages learning. Simply put, students who do good work deserve good grades, and if all the students in a class deserve an A according to objective criteria, they should get one--and the same is true if they all do failing work - they should all get failing grades.
All of the above sounds quite radical, but I doubt if the ABA or the State Bar would approve it. Lawyers tend to be too conservative about everything.
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