I.  Introduction

II.  Some Current Legal Problems

III.  What Other Professions Do

IV.  Recommendation

V. Conclusion

ENDNOTES

Some might assume that this quote was made in regard to the numbers of lawyers graduating from law schools today.  Though perhaps fitting in some regards, it was not a comment on legal education at the beginning of this century.  Rather, it was a comment on medical education at the start of the last century.  Actually, legal education is in a far better state now than medical education was then.  Law schools go to great lengths, and generally succeed, in graduating well educated new lawyers.  Where law schools fail, and many hardly even try, is in dealing with the weakness that still exists: "ill-trained practitioners."

At the dawn of the twenty-first century, the legal profession faces serious challenges.  They include the need to develop ways of providing legal services to all those who need help, the ability of newly minted lawyers to serve clients immediately upon graduation, and general perceptions about lawyers.  Improvement in these areas will not be easy or fast.  It will almost certainly require a number of approaches to adequately resolve these issues in full.

However, one approach that will help with all three of these areas is a modification of the training of lawyers.  These areas can be improved by instituting a legal residency training program as an additional requirement for admission to the bar.  This training would add experiential training to the theoretical training already offered.

An additional amount of hands-on training could pay great dividends.  Training will improve, legal help will be more readily available, and the public feeling about lawyers will improve.  This is not to say that one change will fix all the troubles the legal profession faces.  It can, however, be an important element.

 In Section II, the paper begins by examining some of the current difficulties facing the legal profession.  This includes how the public regards the profession, how the profession regards itself, and the current medical and psychological status of the profession.  Problems with legal services are also examined, specifically in the areas of cost and availability.  Lastly, law schools themselves are considered ? their history, current approach to training, and failings.

 Section III reviews other professions approach to training.  This begins by examining the training of medical doctors and dentists in the United States.  The training of lawyers in England, and vocational training in Germany are also examined.

 Section IV presents a legal residency requirement as a partial solution to the difficulties facing lawyers.  This section discusses the challenges of developing such a system and makes recommendations for implementation.  The section also describes the benefits of a residency system as well as the precautions that must be taken.
 

A. Aspects of the Legal Profession

1. Public Opinion of Lawyers is Very Low

This inherent conflict leads to some of the negative attitude towards lawyers.  Illustratively, unflattering jokes about the legal profession are common in the popular culture.5  Beyond jokes, the negative attitude is reflected in drawings,6 poems,7 and any number of verbal stories and riddles.8  Rarely are any of these flattering to or respectful of attorneys.  On one hand, they are just jokes.  To some degree, however, their very prevalence suggests they do reflect the public's perception of lawyers.9

Furthermore, surveys demonstrate this same perception.  In some surveys of public opinion, lawyers rank below insurance agents in admiration felt for the profession.10  One poll revealed that 60% of people have a "fair" or "poor" impression of lawyers, and just 5% have an "excellent" impression.11  Though there is no agreement on a single reason, and there are likely many, lawyer advertising has been noted as one possible contributing factor of the negative image.12  Startlingly, for a profession already held in such low esteem, the news gets worse.  In one survey, 36% of respondents stated that their perception of lawyers had recently declined, while only 8% said it had improved.13  All of this shows a profession that is not well respected in society today.

2. The Legal Profession Also Has a Low Opinion of Itself

Others suggest that lawyers no longer follow the "wise counselor" or "lawyer statesman" ideal.17  The transformation of law into a business has resulted in increased competition between lawyers, increased pressure for billable hours, and a decrease in mentoring and fraternity.18  One author suggests that an approach to ethics based on virtues and character rather than the current focus on rules as a guide to professional ethics, would help re-establish the profession in more positive terms.19  Focusing on justice, fidelity, self-care, and prudence would establish an ethics base that is more effective in promoting the positive aspects of the profession.20

In addition to dissatisfaction within the profession, and a changing approach to the practice of law, lawyer's mental and physical health is deteriorating.  Depression is a prevalent mental health affliction for lawyers.  The depression experienced by lawyers is likely at least partly due to society's conflicting expectations.21  Because lawyers internalize the conflict society projects onto them, lawyers can become self-conflicted.  This conflict can lead to depression and dissatisfaction with a legal career.  In fact, one study of 103 occupations found that severe depression was more likely to occur among lawyers than any other occupation.22   One study found that lawyers were 3.6 times as likely to suffer from major depressive disorder as others with similar key socio-demographic traits.23  Not only is depression prevalent among lawyers, but other mental illnesses occur frequently as well, including increased levels of anxiety, hostility, and obsessive-compulsiveness.24
Lawyer's troubles include physical afflictions as well.  Lawyers are problem drinkers at almost twice the national rate.25  The suicide rate for white male attorneys has been estimated to be more than twice that of other white males.26  Divorce rates for female attorneys are substantially higher than divorce rates for women generally, and are significantly higher than those for other highly educated groups of women, such as female doctors and professors.27  As for general health, researchers agree that lawyers as a group are "in remarkably poor health."28

 Given all of the above, it should come as no surprise to find that lawyers share some of the public's unhappiness with the profession.  A study of California lawyers found that only half would become lawyers if given the chance to do it over.29  A study in North Carolina had similar results.30  In an ongoing study, the University of Michigan conducts surveys of graduates every five years.  This study has recently revealed striking decreases in the percentage reporting they are "quite satisfied" with their careers.31  From the five year survey of the 1976 to the 1991 graduating classes, this "quite satisfied" percentage dropped from 45% to 37% for lawyers practicing in small firms, and from 53% to 30% for those practicing in large firms.32  Other studies also show declining satisfaction, and such study results encompass both associates and partners.33

B. Access to Legal Services

1. The Cost of Legal Services is High

These high costs make legal assistance less available and therefore less desired.  Fewer people are able to raise the amount of money needed for legal help without severe financial distress.  Even for those who can afford it, the high costs of legal assistance are creating cost/benefit tradeoffs that more frequently result in decisions not to retain a lawyer.
The high cost of legal services is affecting greater numbers of people in more serious ways that ever before.  Numerous recent studies have noted a continued increase in self-represented litigants, particularly in the area of family law.39  This increase places additional burdens on court staff and judges, as pro-se litigants require extra assistance in filling out paperwork and extra guidance on procedural rules.40  Not only do courts have to manage and deal with an increasing number of cases, a greater percentage of those cases involve pro-se litigants.  As they have little or no legal training, and require extra assistance, this also places an increasing strain upon judicial resources.  Additionally, judges experience extra difficulty and often must assume additional responsibilities in a case where one party is represented by an attorney and the other is self represented.41  Rather than acting as a neutral, detached referee, the judge may be placed in the position of appearing to favor one litigant over the other, either because of the extra assistance or leeway provided to the pro se party, or the apparent unfairness of enforcing procedural rules against a pro se party who may not fully understand them.42
Finally, the increase in self representation may lead to less substantive justice.  Because of the difficulties of "navigating complex, confusing, and often convoluted legal procedures," the self-represented party may not take appropriate action, and give up rights by failing to pursue possible remedies, missing causes of action, and not knowing evidentiary and procedural rules.43

2. The Availability of Legal Services for the Poor is Decreasing

Following that lead, the federal government became involved.46  In 1974, the federal legal assistance program, the Legal Services Corporation (LSC), was established after some considerable political wrangling.47  LSC acts as a funding agency for local legal programs, but its resources has remained modest.48

An example is the Legal Services of Northern Virginia.  It was created in 1980 by the merger of local legal aid offices formed by members of the Virginia Bar.49  It has since participated in over 80,000 cases.50  Last year alone, the group acted in 5,656 cases.51  Clearly, the need is great, especially considering that the group only covers a small area of Virginia.
Because of modest federal funding, a significant amount of funding must come from state or local levels.  A significant source of state funding in some jurisdictions has been from Interest on Lawyer's Trust Accounts (IOLTA) programs.  Generally, these trust accounts are used where the amount of client's money is too small, or the time which the lawyer will hold the money is too short, to make it worth creating a unique account for that client.  Even so, the money earned can be considerable.  For example, Texas obtains about $10 million per year in IOLTA revenue, which is used to support legal services for the poor.52  Even though there are fairly strict guidelines for use, the IOLTA programs have come under fire.
These programs are receiving significant scrutiny following a 1998 Supreme Court decision.  In Phillips v. Washington Legal Foundation, the Court held that interest earned on client funds in IOLTA accounts is the "property of the client."53  The Court remanded the case back to the lower court to determine whether the property had been taken by the state and if so, to determine the amount of just compensation due.54  After further legal battles, the Fifth Circuit determined that there had been a "taking" under the 5th Amendment, but also affirmed the District Court's holding that a monetary-reimbursement claim was barred by the 11th Amendment.55  Although monetary relief was unavailable, the Fifth Circuit did find that declaratory and injunctive relief would be proper.56  The Fifth Circuit has denied a petition for rehearing en banc,57 and a petition for certiorari to the U.S. Supreme Court has been filed.58  Therefore, there continues to be great uncertainty about the future of these funding schemes.

 In addition to court challenges to a major source of funding, the adverse state of the economy is also playing a role.  With recent state budgetary problems, state funding for legal services is dropping.  For example, Missouri provided more than $1 million in funding during 1999, but provided only $50,000 in 2001.59  In response to this dramatic decrease, the Missouri bar is proposing an increase in filing fees for civil cases, with the proceeds earmarked for legal services.

 These funding woes only tell part of the story.  Even with all of the public assistance programs in place, less than 1% of lawyers work full-time representing poor people or other unrepresented interests in civil matters.60  Even before the current funding problems, no more than 20% of the legal service needs of the poor were being met.61

The United States legal system has historically depended on pro-bono services to fill many of these unmet needs.  The bar has long recognized that its members have an obligation to assist those unable to pay for legal help.62  The American Bar Association currently recommends that each lawyer complete 50 hours of pro-bono service per year.63  The Ethics 2000 Commission report recommended that the ethics rules should be revised to require, rather than just recommend, 50 hours of pro bono service per year.64  This proposal was rejected by the ABA House of Delegates.

The issue came to the forefront because voluntary service appears to be in decline, with a resulting decline in the availability legal assistance for the poor.  The hundred wealthiest law firms spend only two thirds the amount of time for pro bono that they did eight years ago.65  Overall, the average lawyer spends less than 30 minutes per week on pro bono work.66  Given the central role that pro bono has played in meeting needs in the past, and the unfilled needs today, these are disturbing trends.

C. Law Schools

1. The History of Law Schools in America

The second period, starting in the 1870's and continuing at least until recently, can be characterized by the role of law schools and the rise of the case method form of instruction.68  It is during this period that law school became a graduate school institution.69  This change can be attributed to the efforts of Christopher Columbus Langdell70, dean of the Harvard Law School from 1875-1895.71  His idea was that law could be taught as a science, rather than a craft, and that the training should take place in a law school, rather than with a practitioner.72  The library, rather than the office or courtroom, became the law school's laboratory.73

More recently, there has been an increase in clinical skills training, which has been touted by some as the largest reform since Langdell.74  The addition of clinics to law schools was largely instigated by the efforts of William Pincus and the Ford Foundation.75  Starting with small grants to a few law schools in the late 1960's and early 1970's, the number of clinical programs has increased dramatically.  From less than 10 law schools with clinical programs thirty years ago, now more than 100 law schools in the United States now have clinic programs.76

However, given the small number of students that actually participate in clinics programs, it might be more accurate to say that this could have been the largest reform since Langdell.  As it is, the programs do serve a valuable purpose, even if limited in scope.  As will be seen later, the lack of skills training in law schools remains a major concern about legal education.  Also, it has been observed "skills training" such as clinics and writing programs continues to face "formidable skepticism and other obstacles from law faculties"77

Some believe that we are currently in the beginning of a third period in legal education, though there is little agreement about the distinguishing characteristic.  The rise of clinics courses is one candidate.  In contrast, one commentator suggests that a new law school took shape during the 1980's, and that it is characterized by diversity.78  He suggests that there is now equal emphasis on doctrine and legal reasoning, lawyering, and other perspectives on the legal system.79  A third view is that this new period will be characterized by the application of technology to legal instruction.80  This includes both the rise of computer aided legal research, computer assisted instruction,81 and even an on-line law school.82

If there is to be a third period of legal instruction, it should be one that builds upon the experience and knowledge of the past in order to improve legal instruction in a meaningful way.  A legal residency combines the best of the first and second period training approaches.  It adds the benefits of apprenticeship and experiential training to that of instruction and study as currently provided by law schools.  Rather than a wild new idea, it combines the best of two different approaches that have proven to work in the past.

2. The Method of Training Lawyers

 One judge argues that the focus of law school should be on theory, analysis, and the application of law to new problems.89  "It is in law school that students have time to learn why these rules exist and what functions they serve."90  However, he sees law schools doing poorly at training in people skills, and that "[t]his aspect of your work is critical.  How you deal with other people, how you bring people together is essential for success."91  Given that this is an important area, it should receive greater attention from law schools.  Some claim that today "the law school clinic is the primary place in the law school where students can learn to be competent, ethical, socially responsible lawyers."92  Supervised experience can be a great teacher.  A mandatory residency program would teach these skills, which cannot be taught in a law school classroom, to all law school students, rather than the few who participate in the limited clinical programs of today.

3. Where Law Schools Fail

Unfortunately, the method of training prevalent in most law schools is often linked to the current failings of law schools.  One author notes that law school fails to teach the "psychological dimensions of lawyering."95  The failure to integrate a "medical school model" into the curriculum is particularly decried.96  Such integration would result in the full exposure of students to real clients with real problems.  This suggestion is not new.  In 1933 and again in 1947, the reformer Jerome Frank proposed "clinical lawyer training schools" instead of the case method approach of law schools.97  His call went virtually unheeded.
The American Bar Association has also studied and reported upon law schools several times.  A 1979 report (the Cramton study)98 stated that law schools should do more to develop practical competence in students.99  It concluded that law schools should improve in the areas of 1) developing fundamental skills, 2) developing attitudes & values critical to professional performance, and 3) providing integrated learning experiences.100  These suggestions seem eerily reminiscent of Flexner's suggestions about medical training at the start of the century.101  Additionally, the study noted that new lawyers often go into unsupervised practices, are poorly trained, or are immediately pushed to produce billable hours.102  As true as these statements may have been in 1979, they are likely even more true today, given the increasing demands for higher billable hours.

About ten years after the Cramton report, a second report was conducted.  This 1992 ABA report (The MacCrate Report) also examined law school instruction and also concluded that law school instruction should be reformed and improved.103  This report suggested ten skills and four values that were necessary for competent client representation.104  The skills included problem solving, legal analysis, investigation, counseling, negotiation, advising clients, litigation, law office administration, and resolving ethical issues.105  The values identified included striving for justice, fairness, and morality, striving to improve the profession, self-development, and providing competent representation.106  The report concluded that law schools were not being successful enough at teaching these skills and values.  This report was presented with more urgency than the Cramton report,107 perhaps because many of the same findings repeated themselves, showing that little progress had been made in the intervening 13 years.  This report also echoed many of Flexner's themes from years before.108  Like its predecessor, this report generated a significant reaction, but very little actual change.109
Apparently, the twin barriers of resistance to change by law schools,110 and their insulation from competition have stifled most attempts at reform.111  An additional problem is that those who would be most affected by improvements in the curriculum are those least able to effect the change.  Law students, transitory, busy, disorganized, and unfocused, generally are unable to have a significant impact on law schools without assistance.112  Given the number of competing interests,113 it is perhaps surprising that progress has been made at all.

In the 1990's there was some curriculum modification to address some of the deficiencies noted in the reports.114  There was significant growth in the areas of litigation, the lawyering process, clinics, dispute resolution, and specialty classes.115  It has been asserted that the increase in skills classes is the most significant development in the past 60 years.116  In addition to regular clinics courses, more lawyering skills courses are offered.117

Many schools do offer clinical opportunities and experiences.  However, because of their high cost, schools generally have only one or two programs, with a corresponding limitation on the number of students that may participate.118  In many cases, summer law firm clerkships, externships during the school year, and judicial clerkships are the ways in which students gain some measure of practical skills training.119  The downside of depending upon these for training is that there is usually no overall objective in training to be attained - rather it depends upon the immediate needs of the firm or judge.  Additionally, as has been seen during the recent economic downturn, these opportunities decrease in tougher economic climates.

At the same time, it has also been suggested that law school doctrinal training "requires only the first year and part of the second," and that broader electives or clinical courses should fill the remaining time.120  The idea of requiring less than three years of legal education is also being discussed.121  There is also the law school saying: the first year, they scare you to death; the second year, they work you to death; and the third year, they bore you to death.  Although that certainly doesn't paint a very pretty picture of law school, the clear implication is that the third year is less valuable from a learning perspective than the first two years.

One method of improvement is based on benchmarking.  The process of benchmarking is to examine and consider what another area is doing, and then applying the best lessons to one's own problem.  Applying this principle to law schools, other professional training programs should be examined and then the best aspects applied to law schools.  The next section presents the various approaches of different professional training programs.

A. Medical Training of Doctors in America

1. The Development of Medical Training

Flexner's vision has largely come to pass in medical education, as all three suggestions were implemented.  The profession, government, and the universities came together to improve medical education.  One current example shows how fully this report has directed the course of medical training.  Vanderbilt University Medical Center is affiliated with Vanderbilt University.123  Only 4% of its $500 million budget comes from tuition.124  Its training program includes 497 medical school students, 450 interns and residents, 1,200 clinicians, and 800 full time faculty.125  In comparison, Vanderbilt University Law School is also affiliated with Vanderbilt University.126  86% of its $11 million budget comes from tuition, and there are 540 students with 32 full time faculty.127  Furthermore, "[i]t would be a matter of despair to venture any comparison whatever between the law school's clinic and the medical school's teaching hospital."128

2. How to Become a Doctor

After medical school, the student applies for and matches into a residency program in one of the specialty areas of medicine.131  Overall, there are around 16,500 students that graduate from medical school each year, and the great majority continues into some kind of residency program.132   There are roughly 1100 institutions that offer nearly 7500 residency programs for residents.133  Generally, the student's residency program lasts from 3 to 5 years, with the physician able to enter practice thereafter.134  Alternatively, an individual may decide to continue and complete even more specialty training in a fellowship following completion of the residency.135

The first year of residency is known as the internship year.  To become an intern, an individual must have graduated medical school and passed Parts 1 and 2 of the U.S. medical licensing exam.136  This enables the intern to obtain a temporary license, allowing them to practice in their residency program, under the supervision of the training doctors (known as attending physicians).137  After the completion of the internship year, and passage of Part 3 of the U.S. medical licensing exam, a physician may be licensed by the state to practice medicine.138  In most states, however, the completion of a residency is required before a license will be granted.  The completion of a residency also allows the doctor to become board-eligible, which means they will be able to sit for a special exam in one of the medical specialties.139  After passage of an extensive exam, the doctor is "board certified" to practice in that area of medicine.140  Obviously this is a very long process, and has many checks along the way.

3. Examining the Residency Program in Greater Detail

The length of residency varies, depending on the specialty in which the doctor wishes to practice.  These figures presented below are just for the residency portion of the educational process, which begins after completion of medical school.  Examples of the different time required for various specialties include:

* 3 years:  Family Practice, Pediatrics, Internal Medicine
* 4 years:  Ophthalmology, Radiology, Dermatology, Pathology
* 5 years:  ENT
* 7 years:  Plastic Surgery, Neurosurgery

4. Accreditation Procedure for Residency Programs

The ACGME has real power if they detect a problem during their visits.  Last year, after detecting serious problems, the AGCME shut down a plastic surgery residency program of eight residents in New York.149  The residents were transferred to other programs in the area to continue their training.  The affiliated hospital will no longer have residents, or at least not until it corrects the deficiencies.   This indicates the seriousness about standards, and the willingness and ability to enforce them.

5. The Benefits of the Medical Residency Approach

Second, the training progresses in a step by step fashion throughout the education process.  It begins in an almost entirely academic teaching environment, and ends in an almost entirely clinical environment.  As the resident gains more ability, confidence, and knowledge, the student has a greater opportunity to apply that knowledge by taking more responsibility with patients.  However, at no point is the resident left to flounder alone, but has the attending physician present to assist in times of need.  This hands-on training eases the resident into the profession and provides a valuable set of experience to draw upon later as a doctor.

Third, the training takes place in a challenging environment.  The resident sees a wide range of cases in training, which creates a broad base of experience.  Furthermore, the resident trains directly with very highly qualified doctors and is able to draw upon their vast experience in a learning situation.  This provides a corresponding depth of experience.
Fourth, teaching hospitals provide a large amount of indigent care.  Additionally, rotations at county hospitals and VA hospitals are often part of the residency program as well.  These rotations help provide healthcare to a large number of individuals that otherwise would not be able to afford health care.  Such rotations also expose the resident to the poorer part of society and make the resident aware of challenges faced by the poor, and the great impact that medicine can have on a person's life.

6. The Public Perception of Doctors

Although the residency program can not be pointed to as the source of this trust and admiration, it surely has an impact.  The residency program is the foundation for the future doctor's practice and attitudes towards patients and the profession.  Patients know that the doctors have worked hard during their residencies, often for low pay, and that it frequently involved helping the poor.  Every doctor starts off with this strong base to start his or her practice.

B. Dental Training

1. How to Become a Dentist in America

The second year of school is similar to the first, in that the academic portion of the program still dominates, though there is an even greater component of clinical experience.  In addition to observing patients in the clinics, there is other hands-on training.  Many programs have simulator units, or other methods of giving the students "hands-on" experience without risking harm to patients.156  Simulator units are mannequins that can be positioned like patients, and allow the student to try different techniques and approaches in a situation where mistakes will not injure a patient.157  At the end of the second year, students must pass Part I of the National Dental Board Examination.158

 In the third year of dental school, clinical instruction begins to dominate, as students rotate through a series of clinics to expose them to different areas of dentistry.159  During these final two years, dental students gradually take on more responsibility as the program progresses.  In the third year, students work mainly in the clinical environment under the close supervision of training dentists.

During the fourth year, students take on a high degree of responsibility, as they work in a manner that simulates their real world practice.160  It is a more controlled setting, however, as experienced dentists are readily available to assist and consult in the training environment.  The fourth year also includes a community dentistry experience, where they work in underserved areas of the community.161  Another interesting feature is that some programs provide practice management courses.  These help the new dentist to know the basics about running a practice, and provide assistance in helping the dentist get started in a career.  Lastly, Part II of the National Dental Board Examination must be taken and passed during the fourth year.162  As with Medical fellowships, training programs are available for additional training in specialized areas following graduation from dental school.

2. The Benefits of Dental Training

New dentists enter the profession having been exposed to real patients, having done real work, and having the skills necessary to fully begin a practice on their own, if they desire.  In fact, the dental training goes even farther than medical training in this regard, by providing practice management training.  This provides essential skills for running or being part of a practice, and is knowledge that one does not pick up by studying biology or interacting with a patient.
Dental training is also notably shorter than medical training.  Rather than medical school plus residency lasting a minimum of seven years, the dental program lasts just four years.  This may be reflective of the limited area of the body with which dentists work.  At the same time, however, the program is able to include both academic and clinical training in the right amounts to provide both knowledge and experience.

C. German Professional Training

1. Overall Description of Program

The system has some unique features compared to American colleges.  First, the dual system delivers vocational training through both classroom instruction and actual job experience.165  The student spends three to fours days a week at the firm or business, where they work in production or service capacities.  Additionally, the student spends one or two days a week at the vocational school for classroom schooling.  Classroom instruction consists of about 2/3 specialized training and 1/3 general education.166  Additionally, it shows the emphasis placed upon practical experience as a training method, as so little of the training time is spent with academic type instruction.

Second, the responsibility for training is split.167   The companies have responsibility for the training they provide.  The overall programs are regulated by the federal government.  The individual states control the classroom activities and instruction.  This requires close cooperation between the private and public sectors to coordinate schedules, and to ensure that the programs are working smoothly.

The extent of the program is illustrated by the fact that vocational training is currently provided by nearly 500,000 firms.168  Around 1.65 million people are currently receiving training in 365 different recognized occupations.  Also, the vocational training programs are open to everyone.  The training is seen as a method of combating youth unemployment, and significant resources are expended to extend the program.169

2. Benefits of the Vocational Training System

 As firms are directly involved with, and responsible for, a large portion of the training, the system creates its own incentive for the training to be relevant to the job market.  Firms view the program as a way of integrating people into the work process and into the firm.  Training in real world situations helps ensure that the right skills are imparted to the next generation of workers.  Also, because firms shoulder a large portion of the educational burden, it relieves pressure on public facilities, public financing, and student tuition.  Rather than the burden being placed on just the student and the public, as in America,

Germany adds a third pillar via private support.

 Germany has a reputation for craftsmanship and engineering.  The vocational training program is a way to build upon and continue that tradition.  Students are trained over a number of years in both theory and practice.  Practice reinforces instruction, as students can apply what they are learning.  This combination of experiential and theoretical training enables the students to be fully trained at a high level when school is over and the job begins.
However, the limits to such an approach may best be illustrated in that no "professional" training in Germany uses such an approach.  It is not used for doctors, lawyers, or other graduate degree programs.  Rather, it is only used for various trades, manufacturing, production, and service positions.

D. English Legal System

1. Barristers and Solicitors

2. How to Become a Barrister or Solicitor

The objective of this system is to ensure than a "graduating solicitor" has a combination of both experience and study.  Rather than gaining experience in the first job, with the attendant pressures of billing and focus on work, the solicitor is eased into the system.  The newly minted solicitor has already been a "trainee solicitor," with the purpose of learning by doing, under experienced eyes, in a setting which is focused on training.

The Barrister program begins the same way.  Either a degree in law, passing the CPE, or a Diploma of Law is required to qualify to enter the barrister program.177  This first, academic stage provides a foundation of legal knowledge.  It is also suggested that one should join an Inn at least by this point, and preferably earlier.  Inns "all offer roughly the same support: a library, educational activities, mooting societies, somewhere to eat, common rooms, gardens. More importantly they all have a senior member of staff to deal with students and pupils."178  It is also suggested that students obtain some practical views by completing several mini-pupilages. "These usually take the form of a week's work experience and work shadowing: reading papers, discussing cases, attending court-even completing some written work."179

This is followed by vocational training.  The Bar Vocational Course (BVC) was traditionally available only at the Inns of Court Law School in London.  Beginning in 1997, it also became available at a few other selected locations.180  The BVC places 60% of its training emphasis on legal skills, and 40% on academic knowledge.181

The third stage is the pupilage.  "All pupils are assigned to one or more pupilmasters or pupilmistresses, experienced barristers who organise training, allocate work and assess performance. Pupillages also give chambers the opportunity to assess pupils with a view to ensuring that they become effective practitioners."182  The first half of the year is spent observing and helping the pupilmaster/pupilmistress.  During the second half of the year, the pupil begins to have his own clients, work on his own cases, and appear in court.  The intent of this program, like the solicitor program, is also to combine learning and practice in order to better prepare the new barrister as he begins his career.

A. Legal Residency Requirement

1. The Idea of Legal Apprenticeships Has Been Rejected Previously

With the continuing focus of law schools on theory instead of practice, and the continuing decline of mentorship and training in law firms, it is time to re-consider that rejection of apprenticeship.  The gap between education and practice is wide and growing.  It has reached a point to where this gap is felt, discussed, and worried about by law students.  Even if it is not of great concern to present members of the bar, it is to future members of the bar.

In order to help remedy some of the current difficulties facing the legal profession, the educational and training process of new lawyers needs to be re-examined, and change must be considered.  Law school is the foundation for a legal career, the base that nearly all lawyers have in common.  Whereas doctors or dentists have a common tie that may include heavy studying and worry, their tie also includes making a difference in people's lives, and seeing how their efforts can make a real change.  In contrast, the commonality for lawyers is limited to the studying and stress parts of that tie, and for the most part, lacks experiential learning.

Legal education has been successful for more than a century, and should be commended for what it does well.  At the same time, society has changed greatly.  For legal education to be mired in an approach substantially similar from not just the last century, but two centuries ago, seems more than just anachronistic.

2. Proposal: Mandatory Residency

"The most valuable training that any young lawyer receives comes from observing and being observed by more experienced attorneys.  Lawyers can learn only so much from books, in-house training sessions, or continuing legal education seminars."186

Third, many individuals will have access to legal help that they would not otherwise receive.  Given the decreasing funding for legal aid programs, and their limited reach even when they had greater funding, the need is great.  This would be an excellent way of improving legal access for all Americans.  Just like medical residencies provide a large portion of indigent care, legal residencies might provide a large portion of necessary legal care to individuals who could not otherwise afford that care.

"Law students need to be reminded that 'justice' is not something that emerges ipso facto from the existing legal system.  They need to be taught that law is not simply a value-free or value-neutral mechanism for dispute resolution and the protection of private interests, but is also a political mechanism for the acquisition, exercise, and defense of power."188

Fifth, lawyer's perceptions about themselves may improve.  All lawyers will have a common basis of spending time helping others with legal problems.  The awareness of how other people live and the needs they have will make lawyers more aware of the role they can play to improve people's lives.  It will also make them more aware of the amount of income they may later be earning.  By creating a shared sense of empathy, the focus on money and the intense competition may decrease.  Realization may also come of a need for better balance, reversing the spiral of ever increasing hours.  This in turn will allow lawyers to be more involved in their families and communities.  This increased involvement in community affairs will help create a more positive image of lawyers as they positively impact communities and others by that involvement.  Rather than continuing the current negative spiral of the profession, a new positive spiral may be started by implementation of a residency type program.

Lest this sound too hyperbolic, it is clear that a change in legal training is only one step that needs to be taken to improve and address many of the problems facing lawyers today.  However, as legal training is the foundation of a legal career, it can have an inordinate impact.  Small changes at the beginning can make a large difference later.  For example, changing your direction of travel five degrees will mean nearly a one mile change in destination after just ten miles of travel.189  Another example is compound interest, where changing the interest rate from 9% to 10% will result in a 25% greater return after 25 years.190  Such examples show that small differences can have an inordinate impact after the passage of time.

B. The Challenges

1. Introduction

2. The Cost of the Program

Law schools are highly dependent on tuition revenue to operate.195  Additionally, the heavy burden of law school debt taken on by current law students is becoming an increasing cause for alarm.  Increasing tuition by 50%, as the above numbers seem to indicate as necessary, is a non-starter.

In contrast, it is estimated that medical education costs approximately 5-7 times as much as legal education.196  The tuition costs are not greatly different however, because medical training is funded to a large degree by the government through direct funding to schools and indirect funding via Medicare and other programs.  However, "health is a more important social value in contemporary America than justice, and there is much greater agreement on its content."197  As both state and federal governments are currently beset by budgetary problems, it is even less likely now for government to take a major role in funding.  With the two most obvious sources excluded, an alternative approach must be found.

3. Ensuring a Real Training Program

However, history teaches us that successful apprenticeship programs can be difficult to create.  "Historically, apprenticeships were poorly supervised and lacked educational focus.  Often, apprentices were exploited by their masters, and were forced to do menial jobs that had little educational value"198  One author suggests that because lawyers are very busy and have little experience as teachers, these historical problems would be present in a new apprenticeship type program.199

The results are also not encouraging when one examines the experience in other countries that do have a type of apprenticeship program for lawyers.  In fact, there has been a great deal of criticism leveled at the apprenticeship system.200  Specifically, in the English Barrister pupillage, it is asserted that the pupil suffers from limited exposure to practice areas, exploitation and a lack of supervision.201  A contributing factor may be that there are no uniform standards for training.202  The solicitor apprenticeship system suffers many of the same problems.  The positions are difficult to obtain, the clerks are employed in tedious, boring tasks, and receive inadequate instruction.203  Once again, the failure is seen as an operational failure of execution, rather than a conceptual failure of the apprenticeship type training program.
Although not discussed earlier, Canada has a training system much like England.  Canada requires an "articled clerkship" for admission to a provincial law society.204  These programs, which last from six to twelve months, are designed to provide experience under the watchful eyes of an experienced practitioner.205  In practice, the system falls far short of the ideal.  In fact, if fails to such an extent that many call for an abolition to the program.206  The failings are many, and include poorly informing the student about the objectives of the training, poor supervision, and lack of adequate interaction between student and principal.  Additionally, there is insufficient evaluation and feedback, lack of exposure to different practice areas, and a prevalence of menial tasks.  The programs are unstructured and have a shortage of interested and experienced practitioners.207

Given the great difficulty other jurisdictions have faced in implementing a residency type program for lawyers, one may be tempted to conclude that the idea will not work, and the difficulties are too great to overcome.  However, counter-balancing against such despair is the promise of the benefits that can accrue through a well-run system.  Rather than focus on the failings of other legal apprenticeship type programs, one should consider areas in which the system works, and works well.  Considering how well some professional clinical training programs work, such as that of the American medical residencies or dental clinical training programs, one should be heartened that not only is an effective, well-functioning system possible in theory, but that it can work in actuality as well.

Therefore, these successful programs should be used as a model for the legal residency.  Other legal apprenticeship programs, with their attendant failings, should serve as warnings of what can go wrong and can help identify the dangers that should be guarded against.  The program should be implemented in a way that minimizes the areas and approaches that have been demonstrated to cause problems.

4. Overcoming Bar Resistance

One answer might be to use small firm and solo practitioners to help guide students in the clinics.  There will be a need for lawyers to help with the large number of residents, and such an approach could be a winning combination.  In turn, clinics will need to recognize their limitations and refer appropriate cases to lawyers outside the clinics.  The concerns of local attorneys should be considered in establishing the clinics portion of the residency program.

C.  Specific Suggestions for Implementation

1.  Recognizing the Value

2.  Independent Accreditation is a Requirement for Success

3.  Integrating the Program is a Question of Timing

In considering ideas, the first possibility is merely to add a year of residency on top of the current system.  As the third year of law school is already viewed as less valuable than the other two, merely tacking on an additional residency year does not appear to be the right direction.  In adding another full year to legal education, it might add the burden of an additional year on to the heavy debt load already carried by law students.  Additionally, it would do nothing to fix issues with the current third year, and would likely make it worse.  With an interesting experiential learning experience ahead, the third year will appear even worse by comparison, and students will therefore be even less motivated.

The other direction is to replace the third year of law school with the residency year.  This approach is also deficient in some areas.  Matching with the current school calendar would generally mean a residency of Sept. 1 through April 30.  Eight months is better than nothing, but may be too little.  Additionally, with the end of year holidays, the value of that month may be lessened, effectively leaving seven months of experience.

Borrowing from the medical residency, the best approach would be to have the program last a full year.  Rather than starting and ending on July 1 as the medical year does, the program could start and end on June 1 in order to minimize other disruptions.  Even so, this might require that the bar exam be pushed back some weeks from its current end-of-July timing.  Having a full year for residency training would also maximize the benefits to be gained by the residency, and would allow plenty of opportunity for the student to experience different areas of the law as well as different providers.

Continuing to borrow from medicine, the program should be structured to have rotations last two months, so that each student would rotate through six different stops during the year.  This is how the very valuable law firm/organization/agency experience could be incorporated into such a system.  There are already many firms that allow a student to split summers between jobs, creating a six or seven week experience under the current system at each firm.  Moving to a regimented rotation schedule would turn these into a very similar eight or nine week period.  Once again, with six rotations, there is plenty of opportunity for the student to explore in a number of different directions.

It might be argued that such a short rotation of only two months would be of limited use in teaching students about the practice of law.  However, students will be interacting on a daily basis with advising attorneys.  Looking back on the first few months of law school, one cannot but help be struck by the dramatic change that occurs during the first months of studying the law.  With the residency program structured correctly, that would also be true of the rotations.  And, like a medical rotation, the purpose is not to become an expert in the area in two months, but to gain a familiarity with the various areas.  As one professor stated about his clinical program, even though the students never go to the point of filing a brief during the entire first year of the case, he "had no doubt that the six students who worked on this case during the year found it to be both stimulating and a great learning experience.  Not only were the students steeped in the intricacies of constitutional analysis ... they had certainly been introduced to the very important ethical responsibilities of lawyer's to understand their clients' needs and attempt to serve them."209

4.  The Types of Rotations in the Residency

The rotations available could be divided up by type, with the students allowed to select among them.  As an example, the scheme might be as follows:

Group                                Description
1. Private                            Rotation at a private firm.
2. Judiciary                        Rotation assisting a judge or at a courthouse.  This would be separate from and in addition to the current system of judicial clerkships.
3. Government Agency      Rotation at a state or federal agency, or Indian tribe.
4. Legal Assistance            Rotation at a place established to assist individuals for a very low, or no fee, such as legal aid groups and law school clinics.
5. Alternative                     Other legal areas that do not fit in one of the four primary categories.

5.  Financing is Possible

However, there is a way out.  First, students should continue to pay tuition for their third year.  As the rotations will be more individualized and less dependent on any particular law school, perhaps this cost could be standardized on a national basis.  A great majority of these tuition dollars could be directed toward programs in the Legal Assistance category.  On the other hand, private firms would receive little or no support from tuition.

Second, a concerted effort should be made to prevail upon the government to provide a basic level of housing for legal residents.  As the student would be very mobile, this would guarantee a basic level of housing, and reduce the worry and time that might otherwise be a part of finding housing during each rotation.  The student would still be responsible for travel between locations and for meals, but a basic level of housing would be provided.

Third, the profession should contribute to the system.  This might be done in several ways, but one possibility would be an annual fee for lawyers to remain registered to practice in a jurisdiction.  This fee in turn would be directed into the residency program.  Alternatively, when a lawyer is hired, the firm/agency could pay a set amount, say one month's salary for each new attorney hired, which would be much like a fee paid to an employment agency for finding an employee.

Lastly, other small sources of revenue could be explored.  Those that use the clinics should pay a small amount, or provide services, for the help they receive.  And, much like the suggestion by the bar in Missouri, there could be a small fee attached to every filing made with the courts.  Those that use the legal system could pay a small amount to help make legal access more available for all.  Attaching the fee to every filing made to the court, and not just initial pleadings would also mean that those that use the system the most will help others incrementally the most as well.

Such an approach would spread the cost of the system among the various groups, while not placing too great a burden on any one group.  The approach would also avoid the great public cost that is incurred to support the medical residency programs.  At the same time, it would retain much of the public benefits such a program produces.

5.  Other Programs

6. Is All of This Really Feasible?

D. Ways of Introducing a Change

One great benefit of the United States is the ability to have legal differences in different states.  Lawyers are admitted to practice in individual jurisdictions, and jurisdictions have their own rules about practicing.  For example, ethics rules and requirements for admission to the bar already vary from jurisdiction to jurisdiction.

Therefore, if there is insufficient desire or motivation to make such a change on the national level, it could be done on a state level.  In fact, the best implementation plan might be for a single jurisdiction to begin.  At a state level, there are fewer competing interests, and it is likely these competing interests would be able to work more closely together than would happen on a national level.  Many of the suggestions for implementation would only require slight modifications to adapt them to a state level implementation.  Once implemented, success would be the best advertising for spreading such a system further.  Also, these suggestions are only some ideas of how a system might be introduced and supported.  By bringing together the various constituencies, I would expect even better ideas to come forward that would help to manage and finance the system.

1. Limited Introduction via Specific Jobs

2. Limited Introduction via Specific Legal Area

Although this idea also has merit, it also lacks the universality element like the proposal above.  Because of its focus on family law, only a certain number of students would be interested.  Additionally, as it is proposed as an alternative, rather than a requirement, it runs the risk of being seen as a different entry to this area of the practice of law, with the attendant dangers of being viewed as either better or worse than the traditional route.  Although a legal residency will serve to improve access to legal services, it should not be the overriding, primary purpose as this article suggests.  Rather, a legal residency program should have an integrated focus, and access to services would be only one benefit.

The practice of law faces many challenges today.  Even though they are vexing and difficult, the problems of providing access to legal assistance, delivering practical training to law students, and improving the perception of lawyers can be improved by instituting a legal residency training program as an additional requirement for admission to the bar.  A residency program will enable lawyers to gain experience and exposure to the practice of law in a controlled, guided setting.  It will also provide the means to improve the accessibility of legal help to many people.  By making a meaningful contribution early, lawyers own self-esteem for being lawyers will improve. And lastly, as society sees lawyers working for the good of all, instead of just the good for themselves, opinions will slowly begin to improve.  All of this may only pull things slightly in a positive direction, but it is a beginning, and small things can lead to great things with the passage of time.

1 John J. Costonis, The MacCrate Report: Of Loaves, Fishes, and the Future of American Legal Education, 43 J. LEGAL EDUC. 157, 157 (1993) (quoting Abraham Flexner).
2 Ronald D. Rotunda, The Legal Profession and the Public Image of Lawyers, 23 J. LEGAL PROF. 51 (1999).
3 Id.
4 Id.
5 The problem is aptly illustrated by the fact that the extent and prevalence of lawyer jokes seems so evident as to not even require a citation.  However, a discussion can be found at Joseph L. Daly, Why I am a Lawyer, 35 SAN DIEGO L. REV. 1111, 1111 (1998).
6 See Rotunda, supra note 2 (Describing a print entitled The Law Suit, that had a cow representing the suit.  The plaintiff was pulling on the head, the defendant on the tail, and the lawyer was milking for all it was worth).
7 Id. (relating a poem by Carl Sandberg).
8 Any search on the internet will turn up a great number of websites and links.  One example can be found at http://www.nolo.com/humor/jokes.cfm (last visited 10/13/2002).
9 For a discussion of lawyer's role in various stories, children's rhymes, and literature, see Robert C. Post, On the Popular Image of the Lawyer: Reflections in a Dark Glass, 75 CAL. L. REV. 379 (1987).
10 ABA Commission on Advertising, Lawyer Advertising at the Crossroads: Professional Policy Considerations 65-66 (1995).
11 Randall Samborn, Anti-Lawyer Attitude Up but NLJ/West Poll also Shows More People Are Using Attorneys, 8/9/93 NAT'L L.J. 1 (1993).
12 Id.
13 Id.
14 Mark L. Byers, Career Choice and Satisfaction in the Legal Profession, 12 CAREER PLANNING AND ADULT DEVELOPMENT JOURNAL 1 (1996) (can be found at http://profdev.lp.findlaw.com/column/article1.html).
15 Id.
16 Id.
17 James W. Perkins, Virtues and the Lawyer, 38 CATH. LAW. 185, 186-187 (1998).
18 Id. at 185-86.
19 Id. at 187.
20 Id. at 201-204.
21 Id.
22 Id.
23 Patrick J. Schiltz, On Being a Happy, Healthy, and Ethical Member of an Unhappy, Unhealthy, and Unethical Profession, 52 VAND. L. REV. 871, 874 (1999).
24 Id. at 876.
25 Id. at 876-77.
26 Id. at 880.
27 Id. at 877-79.
28 Id. at 880-81.
29 Id. at 881.
30 Id. at 882.
31 Id.
32 Id.
33 Id. at 883-888.
34 Marsha Baucom, Collaborative Divorce, 41 ORANGE COUNTY LAWYER, 18, 33 (July 1999) ($10,000 in legal fees and $4,000 in evidence fees).
35 http://www.halt.org/News/page.cfm?page=tlrpg4 (last visited 10/17/2002).
36 http://www.reviewboard.com/Section/Websites/bizfilingsdotcom (last visited 10/17/2002).
37 http://www.realestatelaw-newyork.com/page617916.htm (last visited 10/17/2002).
38 http://www.insurancejournal.com/html/ijweb/breakingnews/regional/West/we1101/we1114012.htm (last visited 10/17/2002).
39 Steven K. Berenson, A Family Law Residency Program?: A Modest Proposal in Response to the Burdens Created by Self-Represented Litigants in Family Court, 33 RUTGERS L.J. 105, 107-112 (2001).
40 Id. at 112-116.
41 Id. at 113-115 (these difficulties include how much extra assistance is appropriate, how much leeway to give the self-represented party, and the change from a judging role to a more assisting role).
42 Id. at 114.
43 Id.
44 Roger C. Cramton, Delivery of Legal Services to Ordinary Americans, 44 CASE W. RES. L. REV. 531, 587-88 (1994).
45 Id. at 587.
46 Id.
47 Id. at 588-589.
48 Id. at 589.
49 http://legalaidhelp.org/faq.htm (last visited 10/17/2002).
50 Id.
51 http://legalaidhelp.org/LSNV%200urStory%20Mar%2026%202002.pdf
52 Washington Legal Foundation v. Texas Equal Access to Justice Foundation, 94 F.3d 996, 999 (5th Cir. 1996).
53 Phillips v. Washington Legal Foundation, 524 U.S. 156, 160 (1998).
54 Id. at 172.
55 Washington Legal Foundation v. Texas Equal Access to Justice Foundation, 270 F.3d 180, 189 (5th Cir. 2001).
56 Id. at 195.
57 Washington Legal Foundation v. Texas Equal Access to Justice Foundation, 293 F.3d 242 (5th Cir. 2002).
58 71 USLW 3092 (Jun 26, 2002)(NO. 02-1).
59 Margaret Graham Tebo, Aiding Legal Aid, 88 ABA JOURNAL 28 (June 2002).
60 Id. at 543-544 (counting 4000 lawyers working for legal services that provide free legal assistance to eligible poor people, and 1000 lawyers that work for tax-exempt non-profit groups dedicated to representing previously unrepresented interests on matters of public policy).
61 See Margaret Graham Tebo, Lag in Legal Services, 88 ABA JOURNAL 67 (May 2002); see also http://www.loper.org/~george/trends/2000/Dec/93.html (last visited 10/7/2002).
62 See Cramton, supra note 44 at 581.
63 ABA Model Rules of Ethics 6.1.
64 See ABA Ethics 2000 Commission Report, Recommended Model Rule 6.1.
65 http://www.loper.org/~george/trends/2000/Dec/93.html (last visited 10/7/2002).
66 Id.
67 See Jay M. Feinman, The Future History of Legal Education, 29 RUTGERS L.J. 475, 476 (1998), Stephen M. Johnson, WWW.LAWSCHOOL.EDU: Legal Education in the Digital Age, 2000 WIS. L. REV. 85, 86-87 (2000).
68 Feinman, supra note 67 at 476-477 (places the second period from 1870 until the 1980's).
69 In contrast, some countries (e.g., New Zealand) have a undergraduate degree in law that qualifies them to become lawyers.
70 See Johnson, supra note 67 at 87-88.
71 See http://www.encyclopedia.com/html/L/Langdell.asp (last visited 11/12/2002).
72 John J. Costonis, The MacCrate Report: Of Loaves, Fishes, and the Future of American Legal Education, 43 J. LEGAL EDUC. 157, 160 (1993).
73 Id.
74 See Stephen Wizner, The Law School Clinic: Legal Education in the Interests of Justice, 70 FORDHAM L. REV. 1929, 1934 (2002).
75 Id. at 1933.
76 Id.
77 Philip C. Kissam, The Ideology of the Case Method/Final Examination Law School, 70 U. CIN. L. REV. 137, 137-38 (2001).
78 Feinman, supra note 67 at 478.
79 Id. at 480.
80 See Johnson, supra note 67 at 92-100.
81 Computer assisted instruction includes both the use of computer tools in classroom instruction, increased communication in courses through the use of email and websites, and the use of technology such as distance learning and web broadcasts.
82 See Robert E. Oliphant, Will Internet Driven Concord University Law School Revolutionize Traditional Law School Teaching?, 27 WM. MITCHELL L. REV. 841 (2000).  The Concord Law School can be found at www.concordlawschool.com, and is run by Kaplan.
83 See Feinman, supra note 67 at 480.
84 See Johnson, supra note 67 at 88.
85 Janeen Kerper, Creative Problem Solving vs. the Case Method: A Marvelous Adventure in Which Winnie-the-Pooh meets Mrs. Palsgraf, 34 CAL. W. L. REV. 351 (1988).
86 Id. at 353.
87 Harry T. Edwards, The Growing Disjunction Between Legal Education and the Legal Profession, 91 MICH. L. REV. 34, 41 (1992).
88 Id. at 39.
89 Jack B. Weinstein, Preparing Students to Become Lawyers: Judicial Insights on Legal Education Today, 15 St. JOHN'S J. LEGAL COMMENT. 337, 340 (2001).
90 Id.
91 Id. at 344.
92 See Wizner, supra note 74 at 1930.
93 See Costonis, supra note 72 at 169.
94 See Costonis, supra note 72 at 168.
95 Paula A. Monopoli, Teaching Lawyers to be More than Zealous Advocates, 2001 WIS. L. REV. 1159, 1165 (2001).
96 Id.
97 See Wizner, supra note 74 at 1932.
98 Section of Legal Education and Admissions to the Bar, American Bar Association, Report and Recommendations of the Task Force on Lawyer Competency: The Role of the Law Schools (Chicago 1979).
99 See Costonis, supra note 72 at 170.
100 See id.
101 See section III A infra.
102 See Costonis, supra note 72 at 170-71.
103 The Task Force on Law Schools and the Profession: Narrowing the Gap, Legal Education and Professional Development: An Educational Continuum, 1992 A.B.A. Sec. of Legal & Admissions to the Bar 6 (the "MacCrate Report").  Excerpts can be found at www.abanet.org/legaled/publications/onlinepubs/maccrate.html (last visited 10/17/2002).
104 Id.
105 See Patricia Mell, Law Schools and Their Disciplines, 79 MICH. B.J. 1392 (October, 2000), Costonis, supra note 72 at 177.
106 Id.
107 See Costonis, supra note 72 at 170, 176.
108 Id. at 174-76.
109 See Oliphant, supra note 82 at 842-843.
110 This resistance may be driven by the increasing emphasis on legal research as a measure for law professors.  See Thomas M. Mengler, Celebrating the Multiple Missions of a Research I University-Based Law School, 31 U. TOL. L. REV. 681 (2000) (noting the focus on research in law schools, though he claims that his school judges faculty based on equal measures of research, teaching, and service).  See also Peter V. Letsou, The Future of Legal Education: Some Reflections on Law School Specialty Tracks, 50 CASE W. RES. L. REV. 457, 461 (1999) (stating that reforms will require additional time from faculty, decreasing the time available for writing, consulting, or leisure).
111 See Letsou, supra note 110 at 460.
112 See N. William Hines, Are Students a Dean's Primary Constituency?, 31 U. TOL. L. REV. 629, 629-630 (2000).
113 See id. (listing faculty, central administration, big donors, alumni, judiciary, bar leaders, other deans, and department heads).
114 See Mell, supra note 105 at 1392.
115 Id.
116 See Costonis, supra note 72 at 167(citing to the MacCrate Report).
117 Id.
118 See Mell, supra note 105 at 1392.
119 See Costonis, supra note 72 at 167-168.
120 Id. at 163.
121 Kenneth W. Starr, Keynote Address, Symposium: Legal Education at the Threshold of the New Millenium, 15 ST. JOHN'S J. OF LEGAL COMMENTARY 251, 255 (2001).  See also Cramton, supra note 11 at 617 (suggesting three years of college plus two years of law school as educational requirements).
122 Id. at 158.
123 See http://www.mc.vanderbilt.edu/root/aboutus.html (last visited 10/14/2002).
124 Costonis, supra note 72 at 159.
125 Id.
126 See http://law.vanderbilt.edu/index.html
127 Costonis, supra note 72 at 159.
128 Id. at 160.
129 Boston Medical Center Corporation, 330 NLRB No. 30 at 37 (1999) (also cited as 1999 WL 1076118).
130 Id. at 33.
131 Id.
132 Id. at 51.
133 Id.
134 Id. at 2-3.
135 Id.
136 Id. at 3.
137 Id.
138 Id.
139 Id.
140 Id.
141 Id. at 4.
142 Id. at 4-6.
143 Id. at 6.
144 Id.
145 http://www.acgme.org/About/about.asp (last visited 10/17/2002).
146 http://www.acgme.org/Req/commonReqs.asp (last visited 10/17/2002).
147 Id.
148 http://www.acgme.org/GmeDir/Sect1info.asp#3 (last visited 10/17/2002).
149 http://www.ama-assn.org/sci-pubs/msjama/articles/vol_281/no_27/outcom.htm (last visited 10/7/2002).
150 http://www.hschange.org/CONTENT/457/ (last visited 10/17/2002).
151 http://www.harrisinteractive.com/harris_poll/index.asp?PID=273 (last visited 10/17/2002).
152 http://www.harrisinteractive.com/news/ (last visited 10/17/2002).
153 Id.
154 http://www.dentistry.uiowa.edu/public/student/firstyear.html (last visited 10/17/2002).
155 Id.
156 http://www.dentistry.uiowa.edu/public/student/simclinic.html (last visited 10/17/2002).
157 http://www.dentistry.uiowa.edu/public/student/firstyear.html (last visited 10/17/2002).
158 Id.
159 http://www.dentistry.uiowa.edu/public/student/thirdyear.html (last visited 10/17/2002).
160 Id.
161 Id.
162 http://www.dentistry.uiowa.edu/public/student/thirdyear.html (last visited 10/17/2002).
163 See http://www.germany-info.org/relaunch/info/facts/facts_about/10_02.html (last visited 10/2/2002).
164 Id.
165 Id.
166 Id.
167 Id.
168 Id.
169 Over DM 2 billion in both 1999 and 2000.
170 http://www.online-law.co.uk/solicitor/role.html (last visited 10/16/2002).
171 Jane E. Tewksbury, The Changing Face of Public Sector Practice: Apprenticeships as a Recruitment Tool, 40-DEC B. B.J. 12, 23
172 http://www.online-law.co.uk/bar/becoming_a_barrister/deciding.html (last visited 10/16/2002).
173 Tewksbury, supra note 171 at 23.
174 http://www.online-law.co.uk/solicitor/becoming.html
175 Id.
176 Id.
177 http://www.online-law.co.uk/bar/becoming_a_barrister/academic.html (last visited 10/16/2002).
178 http://www.online-law.co.uk/bar/becoming_a_barrister/joining_inn.html (last visited 10/16/2002).
179 http://www.online-law.co.uk/bar/becoming_a_barrister/mini_pupillage.html (last visited 10/16/2002).
180 http://www.online-law.co.uk/bar/becoming_a_barrister/vocation.html (last visited 10/16/2002).
181 http://www.online-law.co.uk/bar/becoming_a_barrister/course_content.html (last visited 10/16/2002).
182 http://www.online-law.co.uk/bar/becoming_a_barrister/pupillage.html (last visited 10/16/2002).
183 See Costonis, supra note 72 at 196.
184 See Mell, supra note 105 at 1392.
185 Id.
186 See Schiltz, supra note 23 at 927.
187 Id. at 888-906.
188 See Wizner, supra note 74 at 1936.
189 For a great triangle calculator, see http://www.ex.ac.uk/cimt/res2/calcs/calrtri.htm (last visited 10/17/2002).  To calculate a 5 degree difference, create a triangle with a hypotenuse of 10 units, and a small angle of 2.5 degrees.  To get the value for 5 degrees, double the result of the short side distance you get for the 2.5 degree angle (because you have two right triangles back to back).  With a 10 mile side and a 2.5% angle, the short side value was 0.436.  Doubling this for a 5% angle gives 0.872 miles.
190 For a compound interest calculator, see http://www.1728.com/compint.htm.  For my example I used principal = 1000 and years = 25.  Using a 9% rate returned 8623.08, while using 10% resulted in 10,834.71 (25.64% more).
191 See  Johnson, supra note 67 at 121.
192 See Costonis, supra note 72 at 173.
193 Id.
194 Id. at 185-86.
195 See supra, section III. A. 1.
196 Roger C. Cramton, Professional Education in Medicine and Law: Structural Differences, Common Failings, Possible Opportunities, 34 CLEVELAND ST. L. REV. 349, 351 (1986).
197 Id.at 350.
198 See  Johnson, supra note 67 at 121.
199 Id.
200 Stephen R. Alton, Mandatory Prelicensure Legal Internship: An Idea Whose Time Has Come Again?, 41 U. KAN. L. REV. 137, 145 (1992).
201 Id.
202 Id.
203 Id. at 146.
204 Id. at 147.
205 Id. at 147-48.
206 Id. at 148.
207 Id. at 148-49.
208 See Alton, supra note 201 at 137.  This article also cites to other proposals by Jerome Frank, Alfred Reed, Bayless Manning, Henry Rose, E. Blythe Stason, Robert Kessler, James Ely, Jr. Michael Sovern, and others.  See id. at 154-157.
209 Frank Askin, A Law School Where Students Don't Just Learn the Law; They Help Make the Law, 51 RUTGERS L. REV. 855, 864-65 (1999).
210 Costonis, supra note 72 at 162.
211 James K. Robinson, "May You Live in Interesting Times" - The Future of Legal Education, 77 MICH. B.J. 650, 651 (1998).
212 See Starr, supra note 121 at 256-57.
213 See Kissam, supra note 77 at 163-165.
214 Id. at 166.
215 See Tewksbury, supra note 171 at 22-23.
216 Id. at 23.
217 Id.  (success in this context is 50-60 interviews per year, with an average of 20 volunteer attorneys in the office).
218 See Berenson, supra note 39 at 105.
219 Id. at 145.
220 Id.
221 Id. at 156-157.