All News in Senator Tom Coburn

ABA head has little sympathy for jobless lawyers

View David Ingram's original article here. Posted by on January 06, 2012.

Excerpt:

Young lawyers with huge educational debts and no jobs in a depressed U.S. legal market should have known what they were getting into, the president of the American Bar Association [William Robinson] said on Wednesday. …

“It’s inconceivable to me that someone with a college education, or a graduate-level education, would not know before deciding to go to law school that the economy has declined over the last several years and that the job market out there is not as opportune as it might have been five, six, seven, eight years ago,” he said.

College graduates are capable of making “an independent decision and a free choice” to go to law school, he said. …

Critics including two U.S. senators have asked whether the bar association does enough to police law schools, a handful of which face allegations that they inflated statistics about post-graduation employment in order to attract more students.

Robinson said the number of schools in question is “no more than four” out of 200 with ABA accreditation, and he said few lawmakers have expressed interest in the subject. “It hasn’t been a groundswell of comment from Congress,” he said.

Stories in The New York Times and elsewhere have scrutinized the accreditation process, suggesting some ABA standards, such as encouraging tenure, unnecessarily raise law school costs.

Robinson called such suggestions unfounded.

“None of the studies show that the ABA rules of certification are what’s responsible for the cost of legal education,” he said. Other factors, such as competition for professors, are driving the increase in cost, he said. …

Robinson recalled his own experience paying for law school at the University of Kentucky, where he got a degree in 1971.

“When I was going to law school, and I sold my Corvair to make first-semester tuition and books for $330, a sizeable portion of the faculty had tenure. They had tenure then and they have tenure now,” he said.

There are still inexpensive options outside the elite law schools, he said. According to ABA statistics, 68 ABA-accredited law schools have annual tuition at or below $25,000.

Among elite schools that charge double that, the ABA is powerless to hold down costs, he said.

“I should take the lead in telling these schools that they should reduce their tuition to $25,000 a year? No, I don’t think I should do that. I don’t think it would be purposeful. I don’t think it would be meaningful. I don’t think it would accomplish anything for me to do that,” Robinson said.

He said “it’s a complex question as to whether the cost is higher than it should be or is justified.”

LST's Take:

Transcript from William Robinson’s August 2011 video on law school transparency:

In America, we have absolutely the best system of legal education anywhere in the world. We also have some of the best students in the world. And we have in this country a wonderful opportunity to practice law in a free democracy.

In the face of current economic realities, the ABA supports making financial and job information complete and transparent for students and the public. We want to assure, in working closely with our deans and dedicated faculty members, that these students get all of the needed information to make informed decisions.

We want them to be comfortable that when they take on debt they understand the terms and the dimensions and the responsibilities that go along with that debt.

Related Stories:

The year the chickens came home to roost

View Karen Sloan's original article here. Posted by on December 31, 2011.

Excerpt:

[Top 10 Legal Education Stories]

1. PANTS ON FIRE
… [U.S. News rankings] pressure got the better of some administrators at Villanova University School of Law, who admitted in February to goosing the numbers reported to the American Bar Association and U.S. News for years. … [LSAC] now is considering whether to audit the figures law schools report, and the ABA is mulling tougher penalties for schools that lie.

2. SUE YOUR SCHOOL
Instead of asking alumni for money, maybe law schools should ask graduates to pledge not to sue them. 2011 will go down as the year law students got litigious — at least against their alma maters. … This could be the first sign of a litigation wave. The lawyers involved in the New York Law School and Cooley cases are looking for plaintiffs for class actions against another 15 schools.

3. U.S. SENATORS GIVE THE ABA THE STINKEYE
… A number of U.S. senators this year zeroed in on the American Bar Association’s oversight of law schools — or what they apparently see as a lack thereof. For months, senators including Barbara Boxer (D-Calif.), Chuck Grassley (R-Iowa) and Tom Coburn (R-Okla.) fired off letters to the ABA expressing concern over the accuracy of the job information law schools release and requesting detailed information about student loan defaults, accreditation policies and more. The ABA insisted that it shares those concerns, but more often than not the senators were unsatisfied with its responses. Boxer and Coburn in October asked the U.S. Department of Education to compile a decade’s worth of law school data. Rumors have been swirling that the U.S. Senate Commerce, Science and Transportation Committee will hold hearings on law schools next year. Stay tuned.

4. ANYBODY WANT TO GO TO LAW SCHOOL?
It was bound to happen. Applications to American Bar Association-accredited law schools declined by 10 percent in 2011 after increasing during each of the previous two years as recent college graduates sought to ride out the dismal job market in law school. …

5. SHOW ME THE DATA!
The movement to improve law school consumer information started when the legal job market dried up several years ago, but really hit its stride during 2011. Law School Transparency — a nonprofit founded by two Vanderbilt University Law School graduates — lobbied individual schools and the American Bar Association to improve the reporting of job and salary data, and saw results. …

8. THE GRAY LADY HAS SOMETHING TO SAY
Law school is expensive and some law graduates struggle to repay their loans. Not all law students will retain their merit-based scholarships. Law school curricula center on theory rather than practical skills. None of this was news in the legal world, but a series of front-page articles by David Segal of The New York Times brought long-standing critiques of legal education to a wider audience. This, in turn, prompted handwringing by law professors and administrators, who alternately acknowledged problems identified by the Times and dismissed the coverage as overly simplistic and negative. Legal academics were particularly galled by a Nov. 19 piece that painted them as ivory tower-dwelling chin strokers who neglect to teach their students how to practice law.

9. NO TENURE, NO LSAT
Slowly but surely, the American Bar Association is changing its process for accrediting law schools. A review committee discussed proposals including elimination of what many see as a venerable requirement that law schools protect tenure — an idea that raised the ire of many a law professor but that would give schools more flexibility to offer low-cost education. …

Breaking: Coburn, Boxer Call for Department of Education to Examine Questions of Law School Transparency

A third United States Senator has formally recognized the importance of law school transparency.

In a letter to the Inspector General of the Department of Education, Senator Tom Coburn (R-OK) and Senator Barbara Boxer (D-CA) have asked the IG to examine American law schools. The Senators will use the IG’s resulting report to inform Congress as it considers whether and how to reform the Higher Education Act.

One goal of this investigation is to better understand certain trends related to law schools over the past ten years. In particular, the Senators are concerned with the growth of enrollments and costs, budgets, graduate debt, bar passage rates, and employment rates. Notably, the Senators emphasize the importance of the legal employment rate.

These questions will point to unsettling answers. While we expect some of the trends to be relatively flat, including the percentage of people employed in legal jobs and bar passage rates, others will show a relatively steep incline.

In particular, enrollment growth at ABA-approved law schools is roughly 14.6% since 2001, while the total number of schools has grown by 8.7%. Meanwhile, over the same period, the total number of law degrees awarded has increased by 16%.

The amount of debt is perhaps most concerning. Over this same period, public ABA-approved law school attendee debt has increased 48% to roughly $69,000. The amount borrowed for those attending private ABA-approved schools increased 51.5% to roughly $106,000. Without much needed reform, these numbers will continue to rise.

Law School Transparency cares about much more than law schools providing adequate consumer information. Continued pressure from Congress, lawsuits, and other reform advocates will push law schools to honestly evaluate the American legal education model. However, reimagining a broken model will take a lot more than letters and getting people their day in court. We hope to see additional congressional inquiries. Legal educators need to answer hard questions about the current, expensive model in order to determine how to reduce costs. We look forward to working with all interested stakeholders as these issues continue to progress.

Senator Coburn and Senator Boxer Letter

October 13, 2011

Ms. Kathleen Tighe
Inspector General
U.S. Department of Education
400 Maryland Ave., S.W.
Washington, DC 20202-1500

To help better inform Congress as it prepares to reform the Higher Education Act, we write to request an examination of American law schools that focuses on the confluence of growing enrollments, steadily increasing tuition rates and allegedly sluggish job placement.

Recent media stories reveal concerning challenges for students and graduates of such schools. For example, The New York Times reported on a law school that “increased the size of the class arriving in the fall of 2009 by an astounding 30 percent, even as hiring in the legal profession imploded.” The New York Times found the same school is ranked in the bottom third of all law schools in the country and has tuition and fees set at $47,800 a year but reported to prospective students median starting salaries rivaling graduates of the best schools in the nation “even though most of its graduates, in fact, find work at less than half that amount.”

Other reports question whether or not law schools are properly disclosing their graduation rates to prospective students. Inside Higher Ed recently highlighted several pending lawsuits which “argue that students were essentially robbed of the ability to make good decisions about whether to pay tuition (and to take out student loans) by being forced to rely on incomplete and inaccurate job placement information. Specifically, the suits charge the law schools in question (and many of their peers) mix together different kinds of employment (including jobs for which a J.D. is not needed) to inflate employment rates.”

Media exposes also reveal possible concerns about whether tuition and fees charged by law schools are used directly for legal education, or for purposes unrelated to legal education. For example, The New York Times reports “law schools toss off so much cash they are sometimes required to hand over as much as 30 percent of their revenue to universities, to subsidize less profitable fields.” The Baltimore Sun recently reported on the resignation of the Dean of the University of Baltimore (UB) Law School, who said he resigned, in part, over his frustration that the law school’s revenue was not being retained to serve students at the school. In his resignation letter, UB’s Dean noted: “The financial data [of the school] demonstrates that the amount and percentage of the law school revenue retained by the university has increased, particularly over the last two years. For the most recent academic year (AY 10-11), our tuition increase generated $1,455,650 in additional revenue. Of that amount, the School of Law budget increased by only $80,744.”

To better understand trends related to law schools over the most recent ten-year window, we request your office provide the following information:

1. The current enrollments, as well as the historical growth of enrollments, at American law schools – in the aggregate, and also by sector (i.e., private, public, for-profit).

2. Current tuition and fee rates, as well as the historical growth of tuition and fees, at American law schools – in the aggregate, and also by sector (i.e., private, public, for-profit).

3. The percentage of law school revenue generated that is retained to administer legal education, operate law school facilities, and the percentage and dollar amount used for other, non-legal educational purposes by the broader university system. If possible, please provide specific examples of what activities and expenses law school revenues are being used to support if such revenue does not support legal education directly.

4. The amount of federal and private educational loan debt legal students carried upon graduation, again in the aggregate and across sectors.

5. The current bar passage rates and graduation rates of students at American law schools, again in the aggregate and across sectors.

6. The job placement rates of American law school graduates; indicating whether such jobs are full- or part-time positions, whether they require a law degree, and whether they were maintained a year after employment.

In your final analysis, please include a description of the methodology the IG employed to acquire and analyze information for the report. Please also note any obstacles to acquiring pertinent information the agency may encounter.

We thank you in advance for your time and attention to this matter. Please feel free to contact us if you have any questions concerning this request.

Sincerely,

Tom A. Coburn,
M.D. United States Senator

Barbara Boxer
United States Senator