August 2002

The WSBA and Law Schools Must Set a Common Course

by Dale L. Carlisle, WSBA President

The WSBA has much in common with the three Washington law schools. It is in the best interest of the WSBA and of each school to set a common course and achieve it successfully, with a mutual focus on training new lawyers and extending support to them after they graduate. We have a unique opportunity in this state, because each of our three law schools has either a new or relatively new dean, and by the end of next year all the schools will occupy new or recently completed buildings. All have growing numbers of applicants, and at least one, the University of Washington, is increasing its entering class size.

The WSBA's involvement with the three schools has increased over the past few years. Bar representatives minimally meet once a year with each dean, and attempt to meet jointly with all the deans every year or two. The focus of these meetings is to identify problems that the law schools and the WSBA can address together. Additionally, the Washington Young Lawyers Division (WYLD) has worked with the three law schools on many of the items set forth below.

A significant impact on a new lawyer's practice is the high level of debt acquired during law school. Whereas new lawyers with annual starting salaries approaching $90,000 may be in a position to pay this kind of debt more quickly, those who start a job at $40,000 may take years to pay their debt, and ultimately may not be able to pay it. Lawyers who enter solo practice after receiving their law degree find that the debt not only interferes with their practice, but may create a burden that will impact them for the rest of their lives. Recognizing that for schools to remain competitive their costs in faculty compensation and physical facilities must increase, I believe the schools have not done enough to keep tuition manageable — contributing to the enormous student debt.

Loan-forgiveness or partial-repayment programs have been started in several law schools nationally for the benefit of graduates entering public-interest law, where starting salaries generally are low. Some law schools have begun such programs by contributing their own funds and seeking additional funds from alumni. Some programs require a low salary level as the test for qualification; others focus on lawyers entering law practice as government employees.

Seattle University (SU) has established a Loan Repayment Assistance Program, designed to provide financial assistance to graduates who accept lower-paying public-interest employment, and who require assistance repaying high educational loan debt. The University of Washington School of Law supports the SU concept, and plans to initiate its own program, not funded with state money, to begin in 2003. The WSBA has supported a legislative effort to allow the Higher Education Coordinating Board to administer a loan-repayment program funded by private donations. The legislation has not yet been approved by the Legislature.

ABA President Robert E. Hirshon has made the issue of student debt a focus of his tenure. A study group report on this issue is expected to be discussed at the annual ABA meeting in Washington, D.C., in August. I expect the WSBA Board of Governors to recommend the appointment of a task force to work on this problem and recommend initiatives and steps the WSBA may take. This could include both localizing the ABA ideas and starting initiatives of our own.

We need to take action. There has been much talk and "hand-wringing," but few positive steps. We should increase our focus on this new-lawyer debt problem, and work together to come up with a solution.

A few states have apprentice or intern programs as a requirement to practice law. Canada has a program called "articling." In our meetings with deans we have discussed the possibility of practice-training courses in the law schools. Although the law schools have clinical programs which offer practice experience, they are currently unwilling to add additional practice-training programs to their already full curricula.

The Washington Young Lawyers Division, under the leadership of former Presidents Tom Quinlan and Sherri Jefferson, and current President Lance Hester, have initiated the following programs:

• Lawyer-to-Lawyer Program. Operated through WSBA's Law Office Management Assistance Program, this program brings together newer and more experienced lawyers. For further information, contact Pete Roberts at 206-727-8237 or peter@wsba.org.

• Enhanced CLE for new lawyers. An MCLE and Bar-approved program of required CLE training in an attorney's first two years of practice is under consideration. These programs would be offered at a discounted rate on a statewide basis. This program may be developed and approved by the end of 2002.

• Bar fairs. The WYLD and law school administrations sponsor orientations combining a program on the mechanics of the Bar exam with an expo-type presentation by various bar groups.

There are other efforts focused on the same objective. A model program in Spokane County is combining new-lawyer orientation with swearing-in ceremonies twice a year. Pierce and Thurston counties have started similar programs by developing some of the features of the Spokane program and adding some of their own.

It is important that we work with the WYLD and the law schools to identify problems of new lawyers. Some of the efforts to solve these problems will occur in combination with the law schools, and others will be independent of the schools. We still lack an effective and well-organized program to address law school debt issues and improve practice training for new lawyers. Through the efforts of the WYLD and other Bar committees, we continue to improve these programs.

We ask for your input on these items and any others you believe should be worked on jointly with the three Washington law schools.