“Students are doing the math,” said Michelle J. Anderson, dean of the City University of New York School of Law. “Most law schools are too expensive, the debt coming out is too high and the prospect of attaining a six-figure-income job is limited.”
[…]
“We have been sharply increasing tuition during a low-inflation period,” [Brian Tamanaha] said of law schools collectively, noting that a year at a New York City law school can run to more than $80,000 including lodging and food. “And we have been maximizing our revenue. There is no other way to describe it. We will continue to need lawyers, but we need to bring the price down.”
So far, pretty well known reporting—and kudos to Ethan Bronner, the Timesian who got the byline.
But the most fascinating aspect of this story to me is how we see the dynamics of supply and demand working out in real time. Take another look at that chart (above): It shows applications plunging almost 50% in less than a decade, with about 80% of that total drop (eyeballing the graph, from about 90,000 in 2010 to barely 50,000 this year) taking place in three years. I must confess I would not have predicted two or three years ago that people would vote with their feet so decisively and massively, but give them credit: They have.
Even more interesting (you may call it ominous should you prefer) is that the drop in applications has been disproportionately high among students earning the best scores on the LSAT. In other times and places this phenomenon has been called a “brain drain”-out of law schools, that is, and into unknown other precincts. If to engineering schools, some might say “About time,” and who could argue? Regardless of where the former law school applicants with high LSATs are going, it probably makes sense that they are going-somewhere. After all, they’re the ones with the most options. And yes, life is unfair.
What lesson do I take away?
I actually think this behavior should be read as a cautionary tale for any set of institutions that finds its customers turning away because the value of the offering has seriously deteriorated—and which cannot change quickly in response. At the end of the Times piece, Prof. Bill Henderson of Indiana (disclosure: a friend) points out the obvious reality: “There are going to be massive layoffs in law schools this fall. We won’t have the bodies we need to meet the payroll.”
Bill may have, uncharacteristically, been holding his tongue. Layoffs will be followed by law schools closing outright, I believe. You would think, as a rational economic actor, that schools facing potentially mortal peril would reform to save themselves. You would think. But who honestly believes many schools will?
This is the perversity of complacency in action. It’s almost as if schools preferred failure to change.
As I said, a cautionary tale.
Finally, we cannot leave this article without noting one of the oddest invocations of “supply and demand” I’ve run across in many months, here:
“We have a significant mismatch between demand and supply,” said Gillian K. Hadfield, professor of law and economics at the University of Southern California. “It’s not a problem of producing too many lawyers. Actually, we have an exploding demand for both ordinary folk lawyers and big corporate ones.”
She said that, given the structure of the legal profession, it was hard to make a living dealing with matters like mortgage and divorce, and that big corporations were dissatisfied with what they see as the overly academic training at elite law schools.
I wouldn’t single out Prof. Hadfield for scrutiny were it not for how common the error she makes is. She glides right over the fact that there are actually three distinct markets involved (each, needless to say but permit us to stipulate for the record) with its own supply/demand dynamic. She conflates it all into one, palpably imaginary and nonexistent, market. Let me explain, first by citing Paul Campos’ analysis and then by adding a few thoughts of my own. Campos:
I hope a good number of law schools go bankrupt. Law schools are a business that benefit few. Career services at most schools are deplorable and are filled with people who no little about securing that important first job. I feel for the kids who are graduating now, but it’s not too late for applicants to opt for another career. It’s better taking a year off making minimum wage at McDonalds than committing to law school and a lifetime of debt
I’m doubtless leaving out some of the costs, but suppose you wanted to operate a law school as a standalone, with 200 students in a class (600 total), and without expecting the faculty to publish. The freshman class has 2 sections of 100 (about 30 class-hours/week combined), the 2nd-years have four sections of 50 (60 class-hours/week), and the 3rd years each get to take 2 small-group seminars (20 students each, so 10 sections, or 30 class-hours/week) and 2 classes in groups of 50 (so 4 sections, or about 50 class-hours/week). Add on 30 class-hours/week for legal writing and that’s about 200 class-hours/week of teaching. 20 faculty teaching 10 hours each cover that: $120,000 each makes $2,400,000 for faculty salaries. Add $400,000 for library staff, $500,000 for administration including admissions, $150,000 for janitorial, $400,000 for other support services, and $250,000 for development/fundraising for a total staff cost of about $4,100,000/year. Estimate rent or occupancy cost at $500,000/year (corresponding to about a $6 million campus, no dormitories), and $250,000 for library publications and subscriptions, for a total budget approaching $5 million/year. Divided among 600 students yields a tuition of about $9000/year, not including room and board. Whatever I’m missing in figuring what it takes to run a law school that does nothing but teach law, it can’t be $40,000/student/year worth of expenses.
I believe if the recession continues and corporations remain committed to not return to business as usual, ie the billable hour and paying for associates, then many law schools will fail. Lawyers have an extreme aversion to changing how they operate and when they are under the gun to do so they still take too long in coming to a clear decision of how to do so. Much of their profession is based on defending the clients interests through oral argument, logical reasoning, and persuasive writing. Is it really hard to see why it would take them so long to come to a clear decision with many of them in the same room trying to make the decision together, its a constant battle and they fight bitterly for their own agenda’s.
I think we will see legal innovations taking much of the legal space away from the professionals. There are a few countries, England as the most recent, that liberalized the profession allowing non-lawyer investment and partnership. There will be great developments from this in England which I predict will spread Globally. Whether the ABA changes the rules or not, we will see a difference as to how the law is practiced, it just might be from our allies abroad then from our own US legal profession.