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PREPARATION FOR LEGAL EDUCATION
Prepared by
The Pre-Law Committee of
The ABA Section of Legal
Education and Admissions to the Bar
Students who are successful in law school and who become
accomplished attorneys or use their legal education
successfully in other areas of professional life come
to their legal education from widely differing educational
and experiential backgrounds. As undergraduate students,
some have majored in subjects that are traditionally
considered paths to law school, such as history, English,
philosophy, political science, economics, or business.
Other successful law students, however, have focused
their undergraduate studies in areas as diverse as art,
music theory, computer science, engineering, nursing,
or education. Many law students enter law school directly
from their undergraduate studies and without having
had any substantial work experience. Others begin their
legal education significantly later in life, and they
bring to their law school education the insights and
perspectives gained from those life experiences.
Thus the ABA does not recommend any particular group
of undergraduate majors, or courses, that should be
taken by those wishing to prepare for legal education;
developing such a list is neither possible nor desirable.
The law is too multifaceted, and the human mind too
adaptable, to permit such a linear approach to preparing
for law school or the practice of law. Nonetheless,
there are important skills and values, and significant
bodies of knowledge, that can be acquired prior to law
school that will provide a sound foundation for a sophisticated
legal education. This Statement presents the recommendations
of the American Bar Association Section of Legal Education
and Admissions to the Bar concerning preparation for
a good law school experience.
Prospective law students should also consult closely
with the pre-law advisor at their undergraduate institution.
That individual may be able to assist current students
in selecting courses or professors that will particularly
assist in developing the skills and knowledge foundation
that is emphasized in this statement. Taking difficult
courses from demanding instructors is the best generic
preparation for legal education. The pre-law advisor
can also assist current and former students in choosing
law schools to which to apply that are appropriate in
light of a prospective studentÕs interests and
credentials. Finally, prospective law students should
also consult the publications and admissions personnel
of the schools to which they are considering applying
for any specific recommendations that individual schools
may have concerning preparation for law school.
There are numerous skills and values that are essential
to success in law school and to competent lawyering.
There also is a large body of information that law students,
and attorneys, should possess. The three or four years
that a student spends in obtaining a quality legal education
can and do provide much of the information that a lawyer
needs. Good legal education also aids in developing
the many skills and values essential to competent lawyering.
Sound legal education, however, must build upon and
further refine skills, values and knowledge that the
student already possesses. Even though a student may
well be able to acquire in law school some specific
fundamental skills and knowledge that the studentÕs
pre-law school experience has not provided, the student
who comes to law school lacking a broad range of basic
skills and knowledge will face an extremely difficult
task.
Skills and Values
The core skills and values that are essential for competent
lawyering include analytic and problem solving skills,
critical reading abilities, writing skills, oral communication
and listening abilities, general research skills, task
organization and management skills, and the values of
serving faithfully the interests of others while also
promoting justice.1 Thus individuals who wish to prepare
adequately for legal education, and for a career in
law or for other professional service that involves
the use of lawyering skills, should seek educational,
extra-curricular and life experiences that will assist
them in developing those attributes.2 Some brief comments
about each of the listed skills and values follow.
Analytic and Problem Solving Skills: Students
should seek courses and other experiences that will
engage them in critical thinking about important issues,
that will engender in them tolerance for uncertainty,
and that will give them experience in structuring
and evaluating arguments for and against propositions
that are susceptible to reasoned debate. Students
also should seek courses and other experiences that
require them to apply previously developed principles
or theories to new situations, and that demand that
they develop solutions to new problems. Good legal
education teaches students to Òthink like a
lawyer,Ó but the analytic and problem-solving
skills required of attorneys are not fundamentally
different from those employed by other professionals.
The law school experience will develop and refine
those crucial skills, but one must enter law school
with a reasonably well developed set of analytic and
problem solving abilities.
Critical Reading Abilities: Preparation for
legal education should include substantial exper-ience
at close reading and critical analysis of complex
textual material, for much of what law students and
attorneys do involves careful reading and sophisticated
comprehension of judicial opinions, statutes, documents,
and other written materials. As with the other skills
discussed in this Statement, the requisite critical
reading abilities may be acquired in a wide range
of experiences, including the close reading of complex
material in literature, political or economic theory,
philosophy, or history. The particular nature of the
materials examined is not crucial; what is important
is that law school not be the first time that a student
has been rigorously engaged in the enterprise of carefully
reading and understanding, and critically analyzing,
complex written material of substantial length. Potential
law students should also be aware that the study and
practice of law require the ability to read and assimilate
large amounts of material, often in a short period
of time.
Writing Skills: Those seeking to prepare for
legal education should develop a high degree of skill
at written communication. Language is the most important
tool of a lawyer, and lawyers must learn to express
themselves clearly and concisely. Legal education
provides good training in writing and particularly
in the specific techniques and forms of written expression
that are common in the law. Fundamental writing skills,
however, should be acquired and refined before one
enters law school. Those preparing for legal education
should seek as many experiences as possible that will
require rigorous and analytical writing, including
preparing original pieces of substantial length and
revising written work in response to constructive
criticism.
Oral Communication and Listening Abilities:
The ability to speak clearly and persuasively is another
skill that is essential to success in law school and
the practice of law. Lawyers also must have excellent
listening skills if they are to understand their clients
and others with whom they must interact daily. As
with writing skills, legal education provides excellent
opportunities for refining oral communication skills
and particularly for practicing the forms and techniques
of oral expression that are most common in the practice
of law. Before coming to law school, however, individuals
should seek to develop their basic speaking and listening
skills, such as by engaging in debate, making formal
presentations in class, or speaking before groups
in school, the community, or the workplace.
General Research Skills: Although there are
many research sources and techniques that are specific
to the law, an individual need not have developed
any familiarity with these specific skills or materials
before entering law school. However, the individual
who comes to law school without ever having undertaken
a project that requires significant library research
and the analysis of large amounts of information obtained
from that research will be at a severe disadvantage.
Those wishing to prepare for legal education should
select courses and seek experiences that will require
them to plan a research strategy, to undertake substantial
library research, and to analyze, organize and present
a reasonably large amount of material. A basic ability
to use a personal computer is also increasingly important
for law students, both for word processing and for
computerized legal research.
Task Organization and Management Skills: The
study and practice of law require the ability to organize
large amounts of information, to identify objectives,
and to create a structure for applying that information
in an efficient way in order to achieve desired results.
Many law school courses, for example, are graded
primarily on the basis of one exam-ination at the
end of the course, and many projects in the practice
of law require the compilation of large amounts of
information from a wide variety of sources, frequently
over relatively brief periods of time. Thus, those
entering law school must be prepared to organize and
assimilate large amounts of information in a manner
that facilitates the recall and application of that
information in an effective and efficient manner.
Some of the requisite experience can be obtained through
undertaking school projects that require substantial
research and writing, or through the preparation of
major reports for an employer, a school, or a civic
organization.
The Values of Serving Others and Promoting Justice:
Each member of the legal profession should be dedicated
both to the objectives of serving others honestly,
competently, and responsibly, and to the goals of
improving fairness and the quality of justice in the
legal system. Those thinking of entering this profession
would be well served by having some significant experience,
before coming to law school, in which they devoted
substantial effort toward assisting others. Participation
in public service projects or similar efforts at achieving
objectives established for common purposes can be
particularly helpful.
Knowledge
In addition to these fundamental skills and values,
there are some basic areas of knowledge that are important
to a sophisticated legal education and to the development
of a competent attorney. As law becomes more pervasive
in our society, an increasingly broad range of knowledge
and information from other disciplines become relevant
to lawyering and to any full understanding of the legal
system. Some of that knowledge, particularly that most
directly relevant to particular areas of the law, can
be acquired in law school or when necessary for a particular
project.
There are, however, generic types of knowledge that
one should possess in order to have a full appreciation
of the legal system in general, to understand how disputes
might be resolved, to understand and apply various legal
principles and standards, and to appreciate the context
in which
a legal problem or dispute arises. Some of the types
of knowledge that are most useful and that would most
pervasively affect oneÕs ability to derive the
maximum benefit from legal education include the following:
A broad understanding of history, particularly American
history, and the various factors (social, political,
economic, and cultural) that have influenced the development
of the pluralistic society that presently exists in
the United States;
A fundamental understanding of political thought
and theory, and of the contemporary American political
system;
A basic understanding of ethical theory and theories
of justice;
A grounding in economics, particularly elementary
micro-economic theory, and an under-standing of the
interaction between economic theory and public policy;
Some basic mathematical and financial skills, such
as an understanding of basic pre-calculus mathematics
and an ability to analyze financial data;
A basic understanding of human behavior and social
interaction; and
An understanding of diverse cultures within and beyond
the United States, of international institutions and
issues, and of the increasing interdependence of nations
and communities within our world.
As law has become more woven into the fabric of our
society, and as that society is increasingly influenced
by disparate national and global forces, a broad knowledge
base is essential for success in law school and for
competence in the legal profession. Knowledge of specific
areas of law can and will be acquired during a good
legal education, but students must come to law school
with much fundamental knowledge upon which legal education
can build. Thus those considering law school should
focus their substantive preparation on acquiring the
broad knowledge and perspectives outlined above.
Conclusion
The skills, values and knowledge discussed in this
Statement may be acquired in a wide variety of ways.
One may take undergraduate, graduate, or even high school
courses that can assist an individual in acquiring much
of the requisite information, skills and perspectives.
One may also gain much of this essential background
through self-learning (another essential lawyering skill),
by reading, in the workplace, or through various other
life experiences. Moreover, it is not essential that
everyone come to law school having fully developed all
of the skills, values and knowledge suggested in this
Statement. Some of that foundation can be acquired during
the initial years of law school. However, one who begins
law school having already acquired most of the skills,
values and knowledge listed in this Statement will have
a significant advantage and will be well prepared to
benefit fully from a sophisticated and challenging legal
education.
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1 These core skill and value areas are
drawn, in substantial part, from the Statement of Skills
and Values contained in the 1992 Report of the American
Bar Association Task Force on Law Schools and the Profession,
Legal Education and Professional Development -- An
Educational Continuum.
2 People with various disabilities,
such as visual or hearing limitations, have been successful
in law school and in the practice of law. Persons with
such disabilities, however, should be cognizant of the
particular challenges that they may face in law school
and in the profession.
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