For Law Schools, a Price to Play the ABA’s Way

The latest piece in David Segal’s series on U.S. law school problems identifies the enormous effect that some of the ABA Standards, especially those that affect faculty composition, have on the cost of providing legal education. The dean of the new Duncan School of Law claims that he could charge substantially less (by half or two-thirds) if it were not for the standards. This is not the first time we’ve heard a dean clamor about how expensive the accreditation standards are; in fact, the dean of another new Tennessee law school, Belmont University College of Law, made a similar claim back in the summer of 2010.

Knowing this, we recently advised the ABA Section of Legal Education’s standards review committee to “create a subcommittee to review regulatory barriers preventing law schools from adapting low-cost models.” To date, neither the committee nor the section have not done so.

The profession needs radical change to the law school cost structure. If the answers do not come quickly from legal educators, such as those involved in the Section of Legal Education, the result will be that educators end up forfeiting their right to control the changes. And if the answers have to come from elsewhere, unbreaking the broken law school model will be as painful as it is necessary.