Issue #18 of Equipping Our Lawyers eNewsletter

Editor's Note: Groups supporting reform in legal education are proliferating. That's a good thing! But the project of ALI-ABA and ACLEA that supports this newsletter and the www.equippingourlawyers.org website is the ONLY one that seeks to strengthen the ENTIRE CONTINUUM OF LEGAL EDUCATION from law school through the full span of lawyers' careers. And this program is the only one that makes a point of advocating its recommendations AND those efforts of other groups that share similar points of view. We're proud of that broad mission and that cooperative stance!

This month I am pleased to report that drafts of new model rules on mandatory CLE accreditation of distance learning and on in-person courses have been proposed. See article below for details.

I am also pleased to note that a new Spotlight article has just been posted on our website, www.equippingourlawyers.org, telling you about a new organization, Educating Tomorrow's Lawyers, that is pursuing law school reforms proposed by the Carnegie Foundation. Chuck Bingaman, Editor

ALI-ABA Approves, ACLEA Members Mull, Draft Model Rules for CLE Distance Learning and Required CLE Course Learning Objectives

Based on Recommendations from the ACLEA/ALI-ABA Critical Issues Summit, a working group of lawyers, judges, CLE providers and MCLE administrators has proposed two new model MCLE rules. While the model rules have been unanimously approved by the ALI-ABA Board for distribution and discussion, the Executive Committee of ACLEA (Association of Continuing Legal Education) has surveyed its membership before making a decision on approval.

See http://www.equippingourlawyers.org/documents/12-5-2011-Model_Rules.pdf for the text of and commentary on the proposed model rules.

The first draft rule seeks to cut through the patchwork of definitions of distance learning CLE and to make it easier for all manner of distance learning course offerings to be accredited. In essence, as long as the DL meets the listed key requirements, it would be accreditable regardless of its format.

The second draft rule seeks to add to the accreditation criteria for all CLE courses a requirement that the provider of the CLE course state learning objectives for the course and describe how they would be met.

ACLEA's Executive Committee (EC) met November 30 to review the survey results and member comments on the drafts. The EC decided to continue dialogue on the proposed model rules in an open meeting for interested members during ACLEA's 48th Mid-Year Meeting in New Orleans Monday, January 30 at 3:25 p.m. This session will be moderated by Pat Nester, Executive Chair of the 2009 Critical Issues Summit. Further, a report will be issued to the full ACLEA membership on the New Orleans discussion allowing those unable to attend the meeting a chance for input. No decision was made regarding the process for making a final decision on the proposed model rules. The Executive Committee determined a plan could not be laid out until further discussion occurred.

Editor's Note: The proposed model rules grow out of Summit Recommendation # 7 that can be accessed at www.equippingourlawyers.org/summit-recommendations.cfm. Readers of this newsletter are invited to send their comments on the draft rules to Mark Carroll, co-chair of the drafting committee, at ALI-ABA, 4025 Chestnut Street, Philadelphia PA 19073 or to mcarroll@ali-aba.org.

Loyola Law School (LA) Dedicates Alarcón Center for Expanded Student Practice Clinics

Hon. Maria Rivera

California Appellate Judge Hon. Maria Rivera alerted us to the opening of the Alarcón Advocacy Center, recently dedicated on the campus of Loyola Law School in the center of Los Angeles.

The new center will host the Project for the Innocent that represents inmates who claim to have been wrongly convicted, the Loyola Habeas Corpus Clinic that represents inmates on California's Death Row, and a clinic to enable students to assist pro se litigants in the federal 9th Circuit and the California Court of Appeal.

In addition, the Center will host law student practice clinics for representing claimants in civil rights cases and an immigration law clinic.

"There is much to do," said Loyola Prof. Laurie Levinson. "And students are eager to do it. Challenging our students to step into the world of public advocacy is a step toward closing the 'justice gap.' Especially at this time in American history, when so many have been devastated by the economic downturn, the opportunity to launch students into the world of public service has become a moral and educational imperative."

Ed. Note: Summit Recommendation #16 a. states that "the legal community should continue to develop programs that will prepare and encourage law students and all lawyers to serve the underserved."

"a. As part of the legal community, law schools, if they have not already done so, should incorporate into their curricula the principle that improving access to justice for all is every lawyer's responsibility, and should offer students early in their law school experience exposure to underserved communities and opportunities to provide legal assistance to those communities."

For more information about the new Loyola Center, see www.lls.edu. CCB

Law Professor Blogs: Fierce Debate Over Current Practice and Possible Reform

Prof. Paul Campos

University of Colorado's Law Professor Paul Campos writes a blog titled "Inside the Law School Scam." As you might guess from the title, his posts are often the academic equivalent throwing gasoline on a burning fire.

See www.insidethelawschoolscam.blogspot.com for Campos' raging work.

For Karen Sloan's recent profile of Campos and his work--and the reactions of colleagues and others--see http://is.gd/fIplaN.

Campos is particularly hard on law schools for their resistance to change, refusal to refocus on lawyering skills, and lack of candor about the financial realities of law school costs and employment prospects.

Washington University Law Prof. Brian Tamanaha writes a similar blog titled Balkinization. See www.balkin.blogspot.com.

For a law professor/blogger who is resisting at least some of onslaughts, see Prof. Brian Leiter's Law School Reports at http://www.leiterlawschool.typepad.com.

Editor's Note: While the Summit Recommendations do not relate to recent attacks on law schools' lack of transparency in admissions and graduate employment figures, they DO relate directly to law schools' alleged foot-dragging on curriculum updates, resistance to 21st century teaching techniques, and failures to prepare law grads for practice competencies. Hence, while we do NOT endorse all of their opinions, we DO think these blogs offer an important window into the thinking of legal academics on current issues, possible paths forward and roadblocks in those paths. For another useful source of current news and views from legal academics, led by Prof. Larry Ribstein of the University of Illinois College of Law, see the blog titled www.truthonthemarket.com.

New York State Bar Expands Appellate Pro Bono Program

Volunteer leaders in the New York State Bar Association pilot program offering pro bono civil appeals assistance in family law cases, have announced that they are expanding into other areas of appellate practice in the next year. New work will touch on education law, housing, domestic violence, child custody, public benefits, and subsistence income. See John Caher's detailed article in the New York Bar Journal at http://is.gd/kecmhf for more information.

Ed. Note: Summit Recommendation #16, quoted above, encourages the legal community to initiate programs such as this NYSBA effort. We applaud their work and support its expansion. CCB