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LAW SCHOOL DECEPTION — PART III (via The Belly of the Beast)

Does Law School Deception Give Rise to a Legal Remedy?
Is There a Class Action Out There Ready to Pounce?

Jerome Kowalski
Kowalski & Associates
May, 2011

Professor Steve Harper concludes his three part series on deception by law schools with the speculatively inquiring as to whether there is a class action lawsuit out there and ponders aloud regarding the various difficult questions that would be posed by plaintiffs at deposition and at trial of the defendants in such an action.

Some time ago, in the same vein, I inquired on these pages as to whether there was a remedy available for law school graduates who suffered damage because of what The New York Times described as the “Losing Game” law schools create for too many law students.

I received a large number of interesting replies. Here is a sampling:

• a surprisingly small number of law school graduates felt strongly that a class action should be commenced, but most were disinclined to be named as class representatives, concerned that serving in that capacity would further hamper their search for a job as a lawyer (hope triumphs experience; some had been hopelessly looking for a job for two years or more);

• some academicians argued that they “felt dirty” in being part of this unseemly game;

• some academicians argued that it was the law students who were at fault, since they failed to do their own due diligence (ignoring the fact that law schools largely felt no obligation to make simple disclosures and instead were simply deceptive;

• some successful law school graduates belittled unemployed lawyers for being either lazy or whiny;

• some accomplished plaintiffs’ class action lawyers questioned the viability of class relief, raising, among other things, the questions, the issue of typicality;

• others urged “working “within the system” lobbying for changes in law school and NALP disclosure obligations.

Professor Harper and others seem to have encouraged a march to the barricades and joining issue on the battlefront of litigation?

Do you hear the call to march to the barricades  ( http://www.youtube.com/watch?v=1VR1bOha40U )  and if you do, how who do you respond?

Money talks, especially to prospective law students concerned about educational debt. Tuition reduction programs promise some relief. Surely, scholarships conditioned on minimum GPAs are better. Recently, the NY Times profiled a Golden Gate University School of Law student needing a 3.0 to keep her scholarship. By the end of her first year, she’d “curved out” at 2.967. Her Teamsters dad drove a tractor before he was laid off, but she and her pare … Read More

via The Belly of the Beast

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