According to the University of Richmond Law School's last five annual ABA-mandated 10-months-out employment
surveys (2012-2016), the school has not once succeeded in placing as many as 100 graduates in full-time law jobs in a single year, even though the size of its graduating class has ranged from 145 to 159.
What accounts for persistently lackluster employment results at Richmond Law and elsewhere? Conventional thinkers keep citing a
highly saturated legal job market and
deteriorating admissions standards at law schools. However, University of Richmond Law Dean and Association of American Law Schools (AALS) President Wendy Perdue has shrewdly identified an alternate culprit-- namely, the employment survey itself.
Think about it in terms of misdirected talent and lack of trust. Say that a law school employs a hotshot career services counselor. The counselor could be and should be using her mighty skills to conduct a virtuoso mock job interview for this 3L or to craft the perfect cover letter for that 3L, which in cumulative effect would send employment outcomes zooming high enough to knock Santa out of his sleigh. But instead the counselor must devote long hours to unproductive administrative drudgery in compliance with a burdensome ABA employment survey protocol.
Imagine acquiring a cat for the express purpose of catching mice and then some bureaucrat comes along and insists that the cat spend two-thirds of her time between mid-January and mid-March documenting her past mousing results.
In a February 27, 2017 blogpost entitled "
Ides of March," Dean Perdue provides the following explanation:
". . . But finding out where every graduate is employed is only half the job – the other half is documentation. Schools are expected to be meticulous because their records may be audited. So suppose a student tells the career office that she is employed at a particular firm, then what? If the information came by email, the email must be uploaded to the student’s file. If the information was communicated orally, the staff person must document that conversation and put that in the file. Suppose the graduate provides the employer’s name but not the address of the firm: The career office must have someone go to the web, find the address, take a screen shot that shows the address, and upload that to the student’s file.
All of this takes a lot of time and staff resources. Between mid-January and mid-March, one of our full time career counselors spends about two-thirds of her time on data collection and reporting. This is for a graduating class of about 150. The time she spends on data and reporting is time she will not spend with our students and graduates helping them identify job opportunities, reviewing their resumes and cover letters, or preparing them for their interviews
Of course, prospective students care about employment outcomes and should have reliable information about this. But the level of detail and documentation far exceeds the level of detail we must provide about any other aspect of our operation, and it is time to restore some balance."
A few skeptical points and questions from a typically balance-deficient scamblogger:
1. According to the University of Richmond's most recent available
IRS Form 990, for fiscal year 2014, Dean Perdue's annual compensation is $412,401, an impressive take even by law dean standards. Could a pittance from Perdue's enormous pay package be re-allocated for the purpose of hiring a two-month temp to assist the Richmond Law Career Services office in its record keeping? With this additional administrative support, the beautifully-crafted cover letters could keep flowing, even during survey season.
2. Consider the linked ABA
protocol for conducting the employment survey as well as the ABA's
answers to "frequently asked questions" concerning the protocol. What specific requirements of "detail" or "documentation" would Dean Perdue like to eliminate in her quest to "restore some balance"? And what exactly are the two quantities being balanced here? Reliable information versus scamming hype? Does Dean Perdue believe that too much of either is a bad thing, but that a harmonious balance should be achieved?
3. Isn’t it alarming that a law dean finds it objectionable that she and her staff are "expected to be meticulous" in advancing claims about recent graduate employment? I mean, how many lawprofs have written articles righteously embracing their responsibility to
cultivate professional values and behaviors in law students, or to
guide law students towards a proper inter-disciplinary-informed appreciation of social justice? Shouldn't a law school model, as well as teach, ethical conduct? I wonder if Dean Perdue is similarly critical of a lawyer's professional obligation to be meticulous in, for instance, billing clients or in making factual representations in court.
4. Will Dean Perdue, as President of the AALS, use her organization's considerable influence with the ABA to lobby for a weaker employment auditing regime or at least weaker enforcement?
5. If Dean Perdue is truly concerned with finding jobs for Richmond law grads, perhaps she should consider reducing class size to around 100, the approximate annual demand for Richmond law graduates, or actually a bit higher. Because otherwise one may reasonably suspect that Dean Perdue's criticism of the employment survey is not actually motivated by concern for the job prospects of her students, but by opposition to transparency and accountability, i.e. by scam.
From a scamblog perspective, there are indeed significant defects in the ABA's oversight of the employment survey and in the survey itself, but these defects are indicative of laxity rather than severity.
This blog has
criticized the ABA for randomly auditing only 10 schools per year. This blog has
criticized the ABA audit protocol for allowing law schools to submit "incomplete, inaccurate, or misleading" employment files for up to 5% of graduates even with a generous cooked-in "presumption" that each file is not deficient. This blog has
criticized the ABA for refusing to name the five schools out of the ten randomly audited last year that violated the audit protocol by submitting an excessive number of deficient employment files (and even the two schools out of the ten audited that were found to engage in deceptive practices). This blog has
criticized the ABA for declaring that a more comprehensive audit of these five law schools (or shall I say scofflaw schools?) to be discretionary rather than mandatory, in apparent defiance of its own protocol.
But the President of the Association of American Law Schools thinks that the ABA employment survey is too burdensome for law schools, a dispiriting hint that the weak reforms that have been implemented by the ABA may come under renewed attack.