This news release from the law firm LeClair Ryan is either evidence of law schools fighting back at some of the claims that they are cooking the employment stats, or an attempt to drum up business by the law firm LeClair Ryan.
I suspect it is the latter.
The news release, which is worth reading, is full of the typical fearmongering and hyperbole used by lawyers when trying to create a niche practice area out of a non-issue. Let’s take a look:
Critics who accuse law schools of inflating graduates’ employment and salary statistics are not just using the blogosphere to air grievances among themselves—some are brazenly seeking to drum up new plaintiffs for a wave of class action lawsuits against American colleges and universities, warned two attorneys for the national law firm, LeClairRyan.
Brazen indeed. In reality, the mere handful of firms I personally know of that have filed this kind of lawsuit are doing nothing more than looking for clients via the Internet. Which is exactly what LeClair Ryan is doing with this news release – fishing for business.
“We have been tracking this issue closely for six months, and the noise on the blogs and social networks is getting louder,” said veteran higher education attorney Robert B. Smith, a Boston-based partner in LeClairRyan and leader of the firm’s Education Industry Team. “Among those disenchanted souls who believe law degrees should come with guarantees of ‘gainful employment or your money back,’ the effort to find potential plaintiffs has been bold, to say the least.
And there’s some of the obvious hyperbole. Disenchanted souls? Hardly, although there are a handful of bloggers who are more vocal and aggressive about this issue than others. The remainder (and vast majority) are, in my experience, rather rational observers and critics of a broken, but not irredeemable, system. (In fact, some of the critics are industry insiders – it’s not all students and recent grads.)
And nobody – absolutely nobody – believes that “law degrees should come with guarantees of ‘gainful employment or your money back,’” as suggested by Smith. What students and grads are arguing for is data that is accurate enough so that they can make an informed decision about law school, not the current system where the data is presented in such a manner that it makes law school look like a far better deal than it really is. The vast majority of critics are asking for nothing more than transparency.
Let me present a brief analogy for readers who are still unclear about this, and it’s also applicable to those who don’t get the whole Occupy Wall Street movement either. Let’s say you go to Vegas with $100,000 to play with. Before placing a particular bet, you are told that the odds of you winning are much better than the odds of you losing. You place $100,000 on this game. You lose, and after losing, the casino tells you that in reality, the odds of you losing were far greater than they first told you.
That’s the issue here.
Law schools, and higher education in general, are asking students to place a bet; that they will be better off after spending six figures on tuition than they would be if they didn’t spend that much. Law schools go one step further and publish data that actually looks like most graduates go on to “win” and end up with great jobs. So the students spend the money and the time to get the degree, but it turns out that there aren’t as many jobs, and the jobs are paid far less than the schools led the students to believe. And law schools knew this beforehand.
I’m the first to admit that this is a function of the economy in many cases. But there are many schools out there which are peddling false hopes, false data, and essentially hiding the odds of success from the students. If anyone needs proof of this, just browse this blog to see the documented, admitted, newsworthy and legitimate scandals relating to false statistics put out by law schools in their attempts to lure in students.
And I’ve been tracking this issue for years and years, as have many other commentators; far longer than the six months that LeClair Ryan has been tracking this issue. But moving on:
In class action suits filed earlier this year, seven former students from New York Law School and Thomas M. Cooley School of Law accused their alma maters of trying to artificially boost enrollments by exaggerating or misrepresenting graduates’ employment and salary statistics. Meanwhile, online forums have been full of speculation that at least 15 other schools are on a “hit list” of possible targets for similar suits, noted veteran class-action defense attorney Michael S. Haratz, a partner in LeClairRyan’s Business Litigation Team. “Even institutions that are not on this list need to proactively manage the potential risk posed by the proliferation of these veiled and not-so-veiled threats,” said Haratz, who is based in the firm’s Newark, N.J., office. “The management of potential litigation shouldn’t just start early—ideally, it starts before the plaintiff’s bar has your school in its sights. The time to take action, in other words, is now.”
“Hit list”? “Veiled” and “not-so-veiled threats”? “Sights”? Are we talking about the Mob, or some kind of assassination attempt? This kind of language is there simply to worry law schools into hiring LeClair Ryan to address a problem that doesn’t exist, as are the final two sentences of the above quote, which can be translated as: “The time to give us your money is now.” I’m all for proactive management of legal issues, but this is a stretch.
Here’s my advice to schools: you don’t need an attorney. All you need to do is publish accurate job placement data. It’s absolutely that simple. No hiding behind the ABA or NALP. No spending cash on attorneys to help you find loopholes instead of honesty. Just publish the data. And you already have this data from 2010 on hand! It literally could be up on the school’s web site in minutes. (Of course, the problem then becomes: what if the accurate data shows that prior years’ data is fudged? And if that’s the case, then the school deserves to be sued by the graduates it has deceived for any legitimate harm they have suffered.) This problem could disappear with a few hours of work by the university general counsel and compliance departments. No outside counsel needed.
While taking a proactive and aggressive approach, including suing class-action attorneys and bloggers for defamation, might mollify alumni, even these strategies could backfire, Haratz noted. However, he said, other proactive decisions amount to a no-brainer for law schools everywhere. “For example, whether your school is on the ‘hit list’ or not, you should already be looking carefully at the content and presentation of your own salary and employment data. Make careful examination of whether this information is consistent with regulatory requirements and whether modifications might be warranted, as well as any risks associated with various modifications,” he said. “It also makes sense to look into how you are managing your communications within your board of trustees and to influential alumni and the rest of the world. This is potentially discoverable information. It needs to be handled in ways that will not cause harm later on, while still bearing in mind that you are managing a university with a student-body and alumni network that have questions or concerns or seek clarity amidst a stream of biased, incomplete or inaccurate information that is being disseminated from sources outside the university community.
An “aggressive” approach might indeed mollify alumni – the successful alumni, that is. The others, who are now drowning under piles of loans and who have jobs that pay less than they earned before law school, won’t be so impressed, and it’s worth noting that the schools on the “hit lists” tend to be those with large numbers of graduates who don’t go on to stellar careers. Nobody is suing Harvard; they’re thinking of suing the lowest end of the legal education world where high tuition and few job prospects are a real problem. There may well be fewer satisfied alumni than expected when push comes to shove and lawsuits are filed, especially if success on the plaintiff’s side may mean some form of financial compensation for alumni.
And having outside counsel scrub all of your communications? If you’re going that far to hide your inaccurate or misleading statistics, then there’s a real problem with dishonesty in your law school.
Counter-suing bloggers and commentators will have no positive effects – as can be seen by the negative reaction surrounding Cooley’s efforts to silence its critics via the legal system – and merely draws more attention (a/k/a ridicule) to the problems with the legal education system in general, and the suing school in particular. It would be far more effective – and far cheaper! – to simply put out accurate data, even if the data is not as rosy as the schools might like it to be.
Advising law schools to look “carefully at the content and presentation of your own salary and employment data” is what organizations like Law School Transparency, the so-called scambloggers, and many other mainstream blogs like this one, have been calling for for years now. It’s common sense, as well as being the right thing to do.
“If pending motions to dismiss fail, the plaintiffs’ bar will be emboldened,” Smith concluded, “and these suits could spring up like wildfire.”
More hyperbole designed to cause law schools to throw money at defense counsel. “Wildfire”? Really?
Remember, nobody will file lawsuits against schools that are transparent and honest. This entire news release is nothing more than scaremongering by a law firm that is looking to cash in on the wave of disenchantment in college grads, and looking to tap into some of that lucrative higher education cash for themselves.