Proposed Enhancements to Experiential Learning in Law Schools
May 12, 2025, 4:30 pm CDT
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Overview of the Proposed Changes
In a significant shift for legal education, the ABA Section of Legal Education and Admissions has proposed a new requirement for law schools to enhance practical, hands-on learning experiences. The recommendation suggests increasing the number of required experiential learning credit hours from six to twelve.
Key Details of the Proposal
- The proposal mandates that at least three of the twelve experiential credit hours must involve a clinic or field placement that serves real clients, emphasizing practical application of legal education.
- This initiative aims to better prepare law students for the realities of practicing law, particularly the attorney-client relationship.
- The council for the ABA approved the proposal for public notice and comments during its recent meeting in Chicago.
Background and Rationale
The existing requirement, established in 2014, was seen as insufficient as it failed to significantly impact bar exam pass rates. According to David Brennan, chair of the council, the increase in credits did not yield the desired outcomes in terms of student preparedness.
To gather insights on the potential for increasing experiential learning, a survey was conducted among law schools, yielding 83 responses. It highlighted the necessity of foundational education in the initial phase of legal training for experiential learning to be most effective.
Concerns and Implications
While the proposed increase in hands-on learning credits is generally seen as positive, concerns have been raised regarding the associated costs. Clinics, which typically provide these practical experiences, are more resource-intensive compared to traditional courses. Survey results indicated that while 53% of law schools could accommodate nine credit hours without expanding their offerings, an additional 19.3% noted that enhancements would be manageable.
Aligning with Modern Professional Standards
This initiative aligns legal education with the experiential demands seen in other professions such as medicine and engineering, where more extensive hands-on learning is required. The ambition mirrors the goals of the upcoming NextGen UBE Bar Exam, which seeks to assess a range of essential skills for newly licensed lawyers.
Next Steps
After the public notice and comment phase, the proposal will return to the ABA council for further consideration. Should it gain approval, it will be submitted to the ABA House of Delegates for a final vote, with compliance anticipated by 2030.
The ABA’s council, recognized by the Department of Education, serves as the primary accrediting body for U.S. law schools, making these changes potentially impactful for the future of legal education.
