March 2000

Reaching for Professionalism in the Practice of Law

by Jan Michels
WSBA Executive Director
janm@wsba.org

Through LSAT, MCLE and ongoing regulation, persons become and stay lawyers. The WSBA’s Strategic Goals #3 (Professional Development of New Lawyers) and #4 (Increase Professionalism and Civility in the Practice of Law) recognize the need to examine the factors that influence the making and maintaining of ethical and professional lawyers in Washington.

This investigation of how these pieces fit together (or, some would say, don’t fit together) was kicked off at a panel presentation at the June 1999 Bar Leaders/ATJ Conference. Chief Justice Richard Guy, former WSBA President Wayne Blair, Dean John Clute, incoming chair of the Professionalism Committee Stella Rabaut, and Chief Disciplinary Counsel Barrie Althoff discussed the interrelationship of law school, professional development, practice conundrums, lifestyle and discipline. At the Chief Justice’s prompting, the WSBA followed up on the questions and issues highlighted at this meeting about the disjointed approach to screening, testing and regulating lawyers.

The WSBA hosted two meetings among the deans of Washington law schools, law examiners, the state Supreme Court, the WSBA’s Board of Governors and Long-Range Planning Committee members charged with developing strategies to achieve Goals #3 and #4. The first meeting explored the relationship of law school testing and screening, law school curriculum and the WSBA admission processes. At the second meeting, a panel of newer lawyers discussed the relationship of law school and the admissions test to their practice. A third meeting, scheduled for the spring, will address law school curricula and structure. Highlighted below are some of the things we’re learning from this investigation.

• The LSAT tests for reading and verbal reasoning skills.

• Law schools see their role as educating, not as screening for admission to the practice of law or for molding of lawyer character.

• There are law school trends toward skills training, though specific skill testing is not part of admissions testing.

• The WSBA’s admission test, while still predominantly about applying substantive law to particular cases, does probe on ethics and professionalism.

• Few new lawyers are in situations where mentoring or structural continuation of legal education can occur. They must "fend for themselves."

• In Washington, the ratio of lawyers to citizens is parallel to other similar states at 280:1. If speculation that saturation causes combativeness or unprofessionalism is accurate, then it is a national phenomenon.

• Research done by the Chief Justice of the Washington Supreme Court indicated that it is not debt or years of practice that correlate with discipline. In fact, the highest risk factors for attorneys are in practice areas where large trust accounts are common, and being 40-50 years old. (This is the most common age of lawyers in Washington, so it may not be significant as to discipline.)

• While clinical education is valued highly by students and new lawyers, it is also the most intense and expensive element of law school curricula. The economics of law schools constrain what law schools can offer.

• New lawyers suggest that law school curricula should be reconsidered and paced differently.

• The skills new lawyers feel the most need for are trial skills, business skills and working with clients.

• The WSBA should seek and foster an earlier relationship with law students and offer more assistance with CLEs and training early in the practice of new lawyers.

• New lawyers feel they acquire the skills they need from (in descending order) law school practicums and clinics, actual client experience, trial and error, legal services volunteering and CLEs.

• New lawyers’ most pressing issues are law school debt-driven decisions, pressing time constraints, and inability to "give back" to the community (a very real aspiration for newer lawyers).

• The attraction of law school may not fit the realities of law practice.

• More outreach to law students earlier and more meaningfully would be valuable.

• The WSBA could offer more business practice skills to new lawyers and trust fund management "best practices" at all levels.

• The WSBA could offer CLEs near law school campuses with "audit" registration for students.

• The WSBA could increase awareness among members of Law Office Management and Assistance Program resources.

It is clear that the transition between law school and the practice of law is too abrupt. These findings will feed the development of strategic Goals #3 and #4, assist the professional development of new lawyers, and increase professionalism and civility in the profession.

Back to table of contents >>