Yes, I am going to play this “New Year” theme out as long as I can!
Looking forward in 2012, what are the changes that we can expect in law practice and law education? Much of this hinges on an improved economy, so I am boldly going to assume that for the moment. Although there was a rally in the stock market earlier in the week, it was followed by a flattening—probably the result of continuing concern about what is happening in the European economies. I think that you will agree that it is time all countries got their acts together and we became more prosperous together.
For the purposes of discussion, let’s recognize that it is a long year, and let’s assume that the economy stabilizes and generates more business growth. What would that mean for you and for the law profession?
For starters, it should mean a return to more law firm hiring. Perhaps we will get back to not only more associate hiring but also a return of the summer associate programs. As fluffy as some of those have been in the past, they do provide a window into the law firm for prospective hires. If those programs are handled right and actually provide some quality legal experience and leadership training, they can be good things. Let’s applaud a return to good things!
It also should mean more women applying to law school. Although the numbers tend to hover around 48% for most schools and that is not shabby, the percentage of women attending law school has fallen off since 2002, and we need to see those numbers come back up. Yes, there are some scary things going on in the law profession these days, but it is still an honorable profession with interesting and stimulating work. The challenges, especially for women, are very real, but they are just that, challenges. They can be met and the obstacles can be overcome. It is all in the way the challenges are addressed and the level of expectation. You cannot expect to win every point and to have an easy path. Very little in life that is worth having is easy to get. The law profession has lots to offer for men and for women alike, and the economy—there’s that word again!—is making two incomes more valuable than ever for most young couples and their families. More women in law school means more women lawyers, and that is good for the women, the employers and the profession. Just saying…..in case you did not hear it the first 1000 times I said it.
As for the law firms, I hope that 2012 brings some significant changes there as well—or, at least, the beginnings of some significant changes. Law firms are slow to change, so we have to cut them some slack. Law firms need to be rethinking the billable hour as the only way to charge clients for services, and they need to become creative about alternative billing models. That does not mean that alternative billing will become the rule rather than the exception—-after all, we are still in the Real World, right?—but it does mean that there should be negotiated fee arrangements for certain kinds of cases and that there will be other criteria for lawyer review and advancement in addition to the number of billable hours. This is not just a woman thing. It is a gender-neutral thing in many respects. Male attorneys are also interested in quality of life and flexible time, and we women should embrace them as allies in this cause. Together, we might be able to make a difference.
Law schools also will have to start rethinking—or continue rethinking—their curricula and how it relates to the real practice of law. There needs to be more emphasis on practice-ready skills, and much of the pressure for those changes will be coming from law firms with clients that refuse to pay for first and second year associates— who take four hours to research the wording for a service of process certificate, for example. The relationship between law firms and law schools is very synergistic, and this can be a good thing in bringing about positive change.
So, hat’s off to 2012 and all of the possibilities. These are only a few. Hopefully we will discover many more as the year progresses. As you address these challenges and changes, make it your job to be a part of the solutions instead of the problems. That will be a great way to start out the New Year.
