The Bench & Bar magazine is published to provide members of the KBA with information that will increase their knowledge of the law, improve the practice of law, and assist in improving the quality of legal services for the citizenry.
Issue link: https://kentuckybenchandbar.epubxp.com/i/382597
ABA SET TO LOSE MORE GROUND WITH KENTUCKY LAWYERS By: Justice Bill Cunningham I know only a handful of Kentucky lawyers who belong to the American Bar Association. That number is likely to diminish even further in the near future. There are several reasons that the ABA has dwindling appeal to the Kentucky lawyer. Primarily it is an organization perceived to be out of touch with the practicing lawyers in this state. This is particularly true as to the welfare of our law students and younger lawyers. The latest hit against future lawyers of this state is the recent ruling by the ABA Council of the Section of Legal Education and Admis- sions during its August meeting in Boston. It turned down a recom- mendation by the ABA Standards Review Committee that would have permitted law students to be paid at the same time they re- ceive law school credit by participating in externships. Not only was it a financial blow to our hard-pressed law students laboring under tremendous student debt, it was also a barrier to the strong tail wind sweeping the country to provide third-year students with more "hands on" training and preparation. Let's start with this important data. According to a most recent U.S. News and World Report, 76 percent of our Kentucky law school students are graduating with student debt. The average amount varies from one law school to another but settles into a range from $74,785 to $88,451. Why does the ABA oppose the change? An explanation is given in the June 10 issue of the National Law Journal. Barry Currier, the ABA's managing director for admissions and legal education, is quoted as saying that there is a "perceived tension between the obligations of someone who is a paid employee and a student." I respectfully submit that this argument is wrong. There is no "ten- sion" between getting credit and getting paid. The "tension" is be- tween the current law student's pocketbook and a legal education. T he Society of American Law Teachers (SALT) opposed the change. According to its website, the mission of SALT is "advancing teach- ing excellence, social justice, and diversity." It would appear to be a well-intended activist group. I would suggest, however, that it would do well to come to the aid of the very poor and disadvan- taged class of citizens sitting in the law school class rooms of this country. Who is looking out for law students these days, as well as the future of our profession, which is in great need of new lawyers who have practical knowledge? I have to defend our law schools here. They are caught in the mid- dle. Our Supreme Court rules require that those allowed to take our bar exam must graduate from an ABA accredited law school or a law school of "equivalent" quality. So law schools have to dance to the tune of the ABA in keeping their accreditation. At the same time they must answer to the growing clamor of our Court and the practicing bar of Kentucky who demand that new lawyers have hands on, practical experience. And it would be nice for them to be able to graduate fledgling lawyers who are not on the brink of bankruptcy as soon as they enter the practice because of stratos- pheric student debt. The opposition by the ABA to giving students credit hours for paid externships is out of step with legal educational trends moving across this nation. There is more and more interest by the practic- ing bar and courts in making the last part of the law student's for- mal education more practical. Clinical cours- es, internships, externships and off campus placements for credit are gaining favor. Ex- ternships are productive experiences for a lawyer in training. Most students with heavy debt cannot afford to engage in outside employment which does not pay. The American Bar Association is a distin- guished organization with a long record of commendable public service, but no organi- zation can be all things to all people. It will, no doubt, continue to thrive and prosper. Kentuckyless. Justice Bill Cunningham was elected to the Supreme Court of Kentucky in November 2006 to serve the 1st Supreme Court District, which includes Allen, Ballard, Butler, Caldwell, Cal- loway, Carlisle, Christian, Crittenden, Edmon- son, Fulton, Graves, Hickman, Hopkins, Livingston, Logan, Lyon, Marshall, McCracken, McLean, Muhlenberg, Simpson, Todd, Trigg, Webster counties. 4 B&B; • 9.14 L E T T E R T O T H E E D I T O R