4 He a d n o t e s l D a l l a s B a r A s s o ciation
October 2014
Headnotes
President's Column
The New Law School in the Neighborhood. Scott M. McElhaney
Last month, just before classes began at the new UNT Dallas College of Law, I had the great pleasure of attending a dinner at the Belo Mansion for the first entering class of law students at the new law school in the neighborhood. I will say more about some of the interesting and inspiring students I met later, but something I almost always hear when I tell people about the dinner is a question: “Why is a new law school opening now?” It is not a bad question given the changes in the economy over the past several years and how those changes have affected the practice of law. Last year, law school enrollment declined 11 percent from the prior year and 24 percent from 2010. While enrollment at some schools increased, two-thirds of the 202 ABA-accredited law schools saw declines in their student populations, and first year enrollment dropped over 10 percent at 81 of those schools. The last time law school enrollment was as low as it is today was 1975. Of course, the drop in law school graduates and newly-minted lawyers that accompanies the decrease in law school enrollment reflects the unescapable fact that the changing economy has dramatically altered the market for legal services. Simply put, the country has recently not needed as many lawyers as America’s law schools have been producing. Couple that fact with the high cost of law school tuition—the average law school tuition at private schools is over $41,000, public law school tuition for out-of-state students is not far behind, and the average tuition for in-state residents at public law schools is still almost $24,000 per year, and all of these costs have been rising faster than the rate of inflation—and it is pretty easy to conclude that some sort of adjustment in the number of people who want to attend law school was bound to happen. If job opportunities are not what they once were and the cost of law school is high and increasing, then many will conclude that attending law school is not worth the investment in time and money that it takes to become a lawyer. The practice of law has existed as a learned profession for centuries, but it is not immune from economic changes that affect other businesses as well. But there is a hole in this reasoning. It assumes that the market for the delivery of legal services works well and that the demand for those services has dropped or growth has slowed enough to discourage prospective law students from deciding to pursue a legal education. While there may be a decrease in the demand for lawyers in some segments of the economy, most commentators who have analyzed this issue disagree with the idea that this is true across the board. The legal needs of too many people—especially low to moderate income people and many small businesses—go unmet because there is a lack of affordable legal services. The high cost of legal education has a lot to do with this problem. One factor that many have said contributes to the mismatch between the supply of lawyers and the demand for affordable ser
2014 Sustaining Members of the Dallas Bar Association
The DBA sincerely appreciates the support of its Sustaining Members whose financial contributions enhance the preservation of the historic Belo Mansion. Ben Abbott Lafitte, Abbott, Wingo, Rehfeld & Holloway, PLLC Randolph D. Addison Addison Law Firm P.C. Frederick J. Barrow Godsey - Martin, P.C. William W. Camp William W. Camp, P.C. David Carlock Carlock-Gormley-Hight Carol Crabtree Donovan Carol Crabtree Donovan, PC Al Ellis Sommerman & Quesada, L.L.P. David L. Godsey Godsey - Martin, P.C Hon. Bonnie L. Goldstein Bonnie Lee Goldstein, P.C. James J. Hartnett, Jr. The Hartnett Law Firm Houston E. Holmes, Jr. Attorney at Law Kathleen E. Irvin Attorney at Law Justice Tom James Attorney at Law Kristina N. Kastl Kastl Law, P.C. Justin Martin Godsey - Martin, P.C.
Sawnie A. McEntire Beirne, Maynard & Parsons, L.L.P. Mike McKool, Jr. McKool Smith P.C. Tahira Khan Merritt Tahira Khan Merritt PLLC Nancy Arnole Nasher NorthPark Development Company Robert H. Osburn Robert H. Osburn, P.C. Lance A. Pool Steckler LLP Ellen Smith Pryor University of North Texas System
vices for all segments of society stems from the nature of legal instruction at many law schools. Law school is in part what has been called a “liberal arts education in law” and in part a place for professional training of lawyers. Many believe that the pendulum has swung too far away from the professional training, or trade school, part of legal education. These dynamics have combined to create what Associate Dean Ilene Seidman of the Suffolk University Law School in Boston and others call three “gaps” in legal education and legal services. The “practice gap” describes the difference between what law students learn in law school and what they need to know to begin to practice law. The “justice gap” is what happens when there are people in need of legal service who cannot afford to hire a lawyer or who do not qualify for legal aid. Finally, a “market gap” exists between the legal academy and its engagement with the legal profession and its practical and economic concerns. The fact that there are significant gaps in the system brings me back to why the opening of the UNT Dallas College of Law is so interesting. Dean (and former United States District Judge) Royal Furgeson Jr. and his team are doing something new and potentially groundbreaking. So while Texas’ tenth law school and the third law school in the Dallas-Fort Worth area has now opened, the law school is not trying to be like other law schools. To address the “practice gap” and the “market gap,” Dean Furgeson and Associate Dean for Academic Affairs Ellen S. Pryor have designed UNT’s curriculum to place an emphasis on learning by doing. While there will be plenty of instruction on legal doctrine, upper level courses will often have a “lab” component where students will apply what they learn to practical situations and begin to learn how to practice law. Students will also have the opportunity to work with and be mentored by practicing lawyers and learn how to negotiate, how to draft a contract, and even how to manage a practice. Many Dallas Bar Association members will be assisting in this part of the school’s work, and Dean Furgeson will always welcome more help. The new law school’s approach will also hopefully address the “justice gap.” UNT is a public law school, the first in the Dallas area. Because it is a new school, starting from scratch, it has an opportunity to control costs and keep tuition affordable for more students. The net annual tuition for full-time resident students for this academic year is just over $12,000. A principal aim of the school is to keep the debt burden that students carry after law school as manageable as possible. All of this brings me back to the students I met at the Belo. They know that they are less likely to land jobs at large, well-paying law firms than law students from more prestigious and wellestablished law schools. Dean Furgeson made this clear to them in his remarks at the dinner. But UNT has attracted a class of over 150 who have dreamed of becoming lawyers and who are committed to learning the craft of practicing law and serving clients who will hire them—hopefully, by offering reasonably-priced legal services to underserved people and businesses. Many of the students come from less-than-traditional backgrounds. One new law student was, until recently, a catcher in the New York Yankees organization. Another was a police officer, and still another student I met was a social worker whose experiences with the justice system for her young clients led her to want to go to law school so that she could represent vulnerable youths as a lawyer instead of as a social worker. The UNT Dallas College of Law represents a bold experiment. It aims to offer an affordable legal education to train lawyers to be able to serve traditionally underserved people and businesses. Dean Furgeson has been asking for help from members of the Dallas Bar, and we should all consider ways in which we can HN answer his call.
join us for the Dallas Bar Association’s
Fall Fiesta
Richard D. Pullman Kessler Collins, P.C. Glynis W. Redwine The Redwine Law Firm Michael L. Riddle Middleberg Riddle Group Scott R. Seideman The Seideman Law Firm Daniel J. Sheehan, Jr. Daniel Sheehan & Associates, L.L.P. Darryl J. Silvera The Silver Firm M.J. Trusty Guaranty Bond Bank Peter S. Vogel Gardere Wynne Sewell LLP Debra L. Witter The Witter Law Firm
To Honor Our Newest DBA Members and Welcome newly licensed attorneys!
Thursday, November 13, 2014 5:30 - 8:00 p.m. at Belo For more information or to become a sponsor, please contact Kim Watson, Membership Coordinator at kwatson@dallasbar.org or (214) 220-7414
Published by: DALLAS BAR ASSOCIATION 2101 Ross Avenue Dallas, Texas 75201 Phone: (214) 220-7400 Fax: (214) 220-7465 Website: www.dallasbar.org Established 1873 The DBA’s purpose is to serve and support the legal profession in Dallas and to promote good relations among lawyers, the judiciary, and the community. OFFICERS President: Scott M. McElhaney President-Elect: Bradley C. Weber First Vice President: Jerry C. Alexander Second Vice President: Rob Crain Secretary-Treasurer: Audrey Moorehead Immediate Past President: Sally L. Crawford Directors: Tatiana Alexander (President, J.L. Turner Legal Association), A. Shonn Brown (At-Large), Wm. Frank Carroll, Laura Benitez Geisler (Vice Chair), Hon. Martin Hoffman, Hon. David Horan (Judicial At-Large), Michael K. Hurst (Chair), Krisi Kastl, Michele Wong Krause, Meyling Ly (President, Dallas Association of Young Lawyers), Karen McCloud, Courtney Barksdale Perez (At-Large), Sakina Rasheed (President, Dallas Asian American Bar Association), Mary Scott, Scott Stolley, Diane M. Sumoski, Robert L. Tobey, Aaron Tobin and Elisabeth A. Wilson (President, Dallas Hispanic Bar Association) Advisory Directors: Jonathan Childers (President-Elect, Dallas Association of Young Lawyers), Monica Lira (President-Elect, Dallas Hispanic Bar Association), Bill Richmond (PresidentElect, Dallas Asian American Bar Association) and Ebony Rivon (President-Elect, J.L. Turner Legal Association). Delegates, American Bar Association: Rhonda Hunter, Hon. Liz Lang-Miers Directors, State Bar of Texas: Lawrence Boyd, Wm. Frank Carroll, E. Leon Carter, John Jansonius and Florentino A. Ramirez HEADNOTES Executive Director/Executive Editor: Catharine M. Maher Communications/Media Director & Headnotes Editor: Jessica D. Smith In the News: Judi Smalling Art Director: Thomas Phillips Display Advertising: Deni Ackerman, Tina DeRobertis, Annette Planey, Jessica Smith Classified Advertising: Judi Smalling PUBLICATIONS COMMITTEE Co-Chairs: Dawn Fowler and Jared Slade Vice-Chairs: Paul Clevenger and Meghan Hausler Members: Timothy Ackermann, Vincent Allen, Natalie Arbaugh, Benjamin Barmore, Joi-lee Beachler, Martha Beard-Duncan, Lisa Blackburn, Jason Bloom, Eric Blue, Leigh Bradford, Bobby Braxton, Kandice Bridges, Kelsey Brock, Sara Ann Brown, John G. Browning, Casey Burgess, Eliot Burriss, Stacie Cargill, Nancy Carroll, Lance Caughfield, Julie Chandler, Joel Crouch, Walter Dean, Lea Dearing, David Dodds, Adam Dougherty, Brandon Duck, Christopher Elam, Alexander Farr, J. Martin Futrell, Jenny Givens, Jennifer Gjesvold, Andrew Gould, James Gourley, Nadia Haghighatian, Susan Halpern, William Hammel, Jordan Harrison, Jeremy Hawpe, John Herring, Zachary Hilton, Kelli Hinson, Tyler Hokanson, Alison Hollender, Mary Louise Hopson, Mandy Jenkins, Soji John, Amanda Kelley, Cynthia Jon-Ubabuco, Yoon-Joo Jung, Tiffany Kamuche, Nicholas Kennedy, Adam Kielich, Michelle Koledi, Matthew Kolodoski, Susan Kravik, Norman Lofgren, Sixuan Lu, Margaret Lyle, Ashley Mason, Andrew Mayo, Jennifer McCollum, Christina McCracken, R. Sean McDonald, Scott McElhaney, Elizabeth “Jodi” McShan, John McShane, Michael Merrick, Christopher Meuse, Aaron Michelsohn, Wendy Mills, Constance Mims, Ethan Minshull, Paige Montgomery, Caitlin Morgan, Hon. Jim Moseley, Terah Moxley, Derek Neilson, Nick Nelson, Christopher Norcross, David Parham, Murali Pasupulati, Seth Phillips, Keith Pillers, Amiee Pingenot, Kirk Pittard, Irina Plumlee, Laura Anne Pohli, Ellen Pryor, Gabriel Reyes, Edward Rice, Morgan Richards, David Ritter, Carl Roberts, Richard Salgado, Joshua Sandler, Brandon Schwarzentraub, Calvin Scott, Ifeyinwa “Ify” Seales, Isabel Segarra, Micah Skidmore, Crystal Smith, Phillip Smith, Bradley Smyer, Yon Sohn, Thad Spalding, Timothy Springer, Jacob Stasny, Cori Steinmann, John Stevenson, Scott Stolley, Brian Stork, Amy Stowe, Billye Summers, Kristopher Tate, SaKinna Thomas, Pryce Tucker, Brent Turman, Peter S. Vogel, Whitney Warren, Bradley C. Weber, Suzanne Westerheim, Elisabeth Wilson and Andrew Wirmani DBA & DBF STAFF Executive Director: Catharine M. Maher Accounting Assistant: Shawna Bush Communications/Media Director: Jessica D. Smith Controller: Sherri Evans Director of Community Services: Alicia Hernandez Events Director: Rhonda Thornton Executive Assistant: Mary Ellen Johnson Executive Director, DBF: Elizabeth Philipp LRS Program Assistant: Biridiana Avina LRS Interviewers: Marcela Mejia, Viridiana Mejia Law-Related Education & Programs Coordinator: Kimberlynn Taylor Membership Coordinator: Kimberly Watson Projects Coordinator: Kathryn Zack Publications Coordinator: Judi Smalling Receptionist/Staff Assistant: Teddi Rivas DALLAS VOLUNTEER ATTORNEY PROGRAM Director: Alicia Hernandez Managing Attorney: Michelle Alden Volunteer Recruiter: Chris Reed-Brown Paralegals: Whitney Breheny, Tina Douglas, Tar Sha Hickmon, Andrew Musquiz, Carmen Perales Program Assistant: Patsy Quinn Copyright Dallas Bar Association 2014. All rights reserved. No reproduction of any portion of this publication is allowed without written permission from publisher. Headnotes serves the membership of the DBA and, as such, editorial submissions from members are welcome. The Executive Editor, Editor, and Publications Committee reserve the right to select editorial content to be published. Please submit article text via e-mail to jsmith@dallasbar.org (Communications Director) at least 45 days in advance of publication. Feature articles should be no longer than 750 words. DISCLAIMER: All legal content appearing in Headnotes is for informational and educational purposes and is not intended as legal advice. Opinions expressed in articles are not necessarily those of the Dallas Bar Association. All advertising shall be placed in Dallas Bar Association Headnotes at the Dallas Bar Association’s sole discretion. Headnotes (ISSN 1057-0144) is published monthly by the Dallas Bar Association, 2101 Ross Ave., Dallas, TX 75201. Non-member subscription rate is $30 per year. Single copy price is $2.50, including handling. Periodicals postage paid at Dallas, Texas 75260. POSTMASTER: Send address changes to Headnotes, 2101 Ross Ave., Dallas, TX 75201.