Redemption Will Be Found in the Roots of Our Profession B Y P R O F E S S O R M A R Y A . LY N C H
Legal education, like most of America and graduates dared to tread. I have witnessed our alums improve the life of like the legal profession itself, “lost its way” a particular client, the course of legislation, or the practice in a particuduring the economic boom. And legal edular legal or geographical area. And it makes me proud to have associated cation did so, in my opinion, because it lost the last nearly 25 years of my professional life with Albany Law School. sight of its most treasured asset—the responBeing part of this movement has also been daunting given the sibility to guide the formation of people who costs to our students of a legal education and the dreams they have serve as civic professionals and leaders. Long for their legal careers. For example, in New York, lawyers have this before the filing of lawsuits over student con- slavish and uninformed sense that the Bar Exam actually tests what sumer issues and fraud, and before the media’s law students need to know in their first years of practice or that it is heightened if not histrionic scrutiny of law a good gatekeeping device for entrance into the profession despite a schools, many thoughtful voices warned that plethora of studies which undermine all those assumptions. The bar law schools had lost their way. Those of us in examination today is harder than it was just a few years ago and a the legal reform movement argued that legal passing score is now a higher score than it was several years ago. education needed to become more innovative, Although our current students are facing extremely difficult ecoresponsive to the profession, collaborative in nomic times—that are not of their making—they are better prepared its teaching approach and intentional in its articulation of goals and to emerge as professionals over students of yesteryear. Frankly, when I outcomes. Although one could view the continued litany of voices first arrived on campus in 1989, many practicing attorneys would call and reports as proof that no one paid attention, that is not the case. me up and say “what are you teaching them over there!” Today, our Legal education and Albany Law School has changed in many, many students leave their inhouse clinical experience having represented a real ways since I came here in 1989. It just hasn’t changed enough for the client or having prosecuted an abuser and having engaged with the lawdemands of the new economy… yet! But we are determined to inyer’s obligation to avoid conflicts, preserve confidentiality and achieve novate and better prepare students for the competence. They have learned how to “learn digitalized and globalized profession of today from experience,” find and work with a menLegal education ... like the legal tor and seek out and accept helpful feedback and tomorrow. And that work for and with students and graduates brings me great joy. on their work. They leave as problem solvers: profession itself, “lost its way” Being part of the movement to reform inspired, proud to be lawyers, capable of netduring the economic boom. and improve legal education has been both working, and ready to start working. thrilling and daunting. It is thrilling because I feel very fortunate that what I love most I have seen real progress made in improved student-centered teaching to do—teach, advise and professionally form emerging lawyers—is and in expanding the privilege of being a member of the profession to the key to redeeming legal education. I remain passionate about more women, immigrants, students of color, students with hard-knock improving legal education because of the amazing development I have life stories and students with disabilities not relevant to their ability witnessed as hard working law students turn into exceptional alumni. to practice exceptionally. I have seen our graduates expand into areas It is those very human stories and rewarding encounters which keep of practice and into far-flung states where previously few Albany Law me burning the midnight oil in the 1928 Building.
Working to Improve New York Law: Chairing the Committee to Modernize N.Y.’s Trust Code B Y P R O F E S S O R I R A M A R K B L O O M Last spring, the EPTL-SCPA (Surrogate Court’s Procedure Act) Advisory Committee sent its Sixth and final Report to the legislature. The Sixth Report recommends that New York enact a modified version of the Uniform Trust Code (UTC) as new Article 7-A of the Estates, Powers and Trusts Law (EPTL). In anticipation of the final Sixth Report, the Executive Committee of the Trusts and Estates Law Section of the New York State Bar Association (NYSBA) earlier approved the creation of the New York Uniform Trust Code (NYUTC) Committee to study and evaluate the Sixth Report. I was appointed Chair of the NYUTC Committee. Because other organizations would also be reviewing and commenting to the legislature on the Sixth Report, the decision was made
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to form a NYUTC-Legislative Advisory Group (NYUTC-LAG) which would include members of the Trusts and Estates Law Section of NYSBA, the Estate and Gift Tax and Trusts, Estates & Surrogate’s Court Committees of the City Bar and the Surrogate’s Court Advisory Committee to the Office of Court Administration (OCA). To that end, a steering committee for the NYUTC-LAG was created. The first task of the Steering Committee was to divide up the Sixth Report, which essentially includes the UTC with modifications, into functional areas. Such division was necessary because the UTC is an enormous product. Approved by the National Conference of Commissioners on Uniform State Laws in 2000, with several later amendments, the UTC, which has been enacted in about half of the states, is an attempt to codify virtually all of the laws that pertain to trusts. It consists of 11 articles, including articles on trust creation, creditors’ rights, revocable trusts, general trustee matters, trustee duties and powers and trustee liability issues. The Steering Committee created five functional subcommittees: