Apprenticeship for Lawyers

It’s always gratifying when one’s opinions receive outside support.  Sometime ago, I wrote that law schools really don’t teach the day-to-day aspects of being a lawyer – interacting with clients and running a practice – because such skills are seen as too “trade-oriented.” 

That viewpoint was echoed in a Wall Street Journal column by Cameron Stracher, professor at the New York Law School.  Stracher observed that law school students are “reading about the law rather than engaging in it,” with the result that “when they graduate, young lawyers rarely know how to interview clients, advocate for their positions, negotiate a settlement or perform any number of other tasks that lawyers do every day.”

What especially struck me in Stracher’s column, as I noted in previous writings, was the observation that, until our modern era, most lawyers learned their profession by apprenticing themselves to practicing lawyers, learning from them by watching and doing.  It brought to mind the difference between the way lawyers and doctors are trained.  Doctors, of course, put in years of residency as part of their training.  They work in hospitals and clinics, treat patients, observe other doctors as they go on their rounds.   Most doctors begin their medical careers with a very good idea of what they will face.

A number of larger law firms have or are creating education programs for their new, and even some continuing, associates. Just this morning, I learned from an “alumna” of the former Thacher law firm that she enjoyed her time with Big Law because this firm believed in continuing education for its associates. Also, Howrey recently announced the creation of an apprentice program for all of its new associates, rather than delaying their new hires as other large firms have done. And, in both Canada and England, there is a tradition of “articling,” very similar to an apprentice program. In other professions, such as accounting, an apprenticeship is required before granting the Certificate. There are other examples.

Should we return to an apprentice system for law school graduates before licensing them as lawyers? What's your opinion?  Click here to take our short survey. Our survey will end at midnight, November 11th.

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Julie A. Fleming - November 4, 2009 2:43 PM

I strongly believe that we should return to an apprentice system. The current system quite often teaches students the law but not how to practice it.

Lauren Ellerman - November 11, 2009 3:14 PM

I totally agree. Attorneys should have hands on internships just like doctors and nurses. I had a friend graduate from law school who had never been in a court room, spoken to a client etc. She just studied. Make 1 semester an internship with local attorneys so that people can learn about the practice of law. A hearty AMEN to your sentiments.

Disability Insurance - December 10, 2009 2:32 PM

I would have to agree with you on this issue. Law school does a great job of teaching students how to be attorney's, but doesn't show them the business aspect of running a practice. Granted, not all graduates are going to jump right into running there own practice, however, I think its necessary to teach them the aspect of running a firm because I'm sure at some point, most of them will have interest in this.

Ed Poll - December 12, 2009 12:02 AM

I agree, but even lawyers in large firms need to know how the firms work and how they contribute to the firm's well-being.

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