UDM Events

Putting Theory into Practice
Law Firm Program Integrates the Realities of Practice into the Classroom, Brings National Attention to UDM School of Law
Summer 2007

“I was always interested in the subjects I took during my third year, but I did get a little restless,” says Mickey Chichester, who graduated from the University of Detroit Mercy School of Law in May. “By that time, you’ve been in school for three years on top of four years as an undergraduate. I think third-year law students are antsy to begin applying what they’ve learned.”

But although third-year law students are eager to finish their classes and enter practice, they often lack the experience needed to efficiently handle the complexities of real-world transactions and litigation. Take a survey of partners at major firms across the country and they’ll tell you – it takes two to three years of on-the-job learning and accumulated experience before a new associate begins providing value to their firm. Under the traditional legal education model, law schools train students to “think” like lawyers, but new law school graduates lack the practical experience necessary to “act” like lawyers.

The UDM School of Law is leading the way in addressing this problem by launching the Law Firm Program, an innovative curriculum for third-year students that simulates the real practice of law in a classroom setting. Shaped by national and local law firm leaders together with UDM School of Law faculty and taught by top legal experts, the Program is not only preparing UDM students for the day-to-day duties they’ll see in practice, but also setting a new standard for legal education. Articles in prominent national publications such as The National Law Journal have touted the new curriculum, while The Wall Street Journal notes that the Program is helping UDM Law graduates find jobs with elite national firms.

RESPONDING TO REAL NEEDS

Anticipating the need for a curriculum change, the UDM School of Law developed the Program prior to the publication of a significant report by the Carnegie Foundation for the Advancement of Teaching, which noted a lack of preparation among first-year associates. The Foundation’s examination of the traditional legal education model, titled “Educating Lawyers: Preparation for the Profession of Law,”  is based on a two-year study conducted at a cross section of 16 public and private law schools across the United States and Canada.

While the report praised the traditional legal education model for teaching students with widely diverse educational experiences to “think like a lawyer” within the first year of law school, it also noted that “most law schools give only casual attention to teaching students how to use legal thinking in the complexity of actual law practice.” The report recommends placing new emphasis on the third year of legal education by creating “capstone” opportunities for students to “develop specialized knowledge, engage in advanced clinical training, and work with faculty and peers in serious, comprehensive reflection on their educational experience and their strategies for career and future professional growth.”

This is exactly what the UDM faculty did in May 2006 when it voted to introduce the Law Firm Program requirement. The approval came after several years of outreach to alumni as well as intense internal discussion and consideration.

“I spoke with a lot of alumni about what they found most beneficial from their education and what could have been more helpful,” says UDM School of Law Dean Mark Gordon. “Many said that they didn’t get as much out of it as they could have. In retrospect, they wanted a third year that acted more effectively as a bridge from law school to practice.”

During this same period, UDM Law School faculty and the Curriculum Committee collaborated extensively to develop innovative ideas and revisions for the school’s third-year coursework. Co-chairs Byron Cooper and Pamela Lysaght, and committee members Danton Berube, Robert Brown, Michael Bryce, Cara Cunningham, Lawrence Dubin, Gary Maveal, Nancy Omichinski, Ofer Raban, Llyod Semple, Kathleen Caprio and Loretta Lewins-Peck spent months reviewing programs at other law schools and considering how to create a curriculum that would address the realities of today’s legal practice. Another faculty group – including Lysaght, Semple, Carol Clark, Drew Becker, Tracy Weissman and Jeff Silver – fleshed out those concepts for the Curriculum Committee’s consideration.

The Dean’s Advisory Board (DAB), a group of partners from national and local law firms and corporations, also helped by providing key input and guidance. Dennis Archer, former Mayor of Detroit and American Bar Association President and current chairman of Dickinson Wright, is the DAB chair. The board also includes partners with prestigious firms in New York, Chicago, Washington D.C., San Diego, San Francisco, Phoenix, Miami and others, as well as the leaders of many prominent Detroit area firms. Counsel from Amazon.com, Verizon, DaimlerChrysler Financial Services, Metaldyne Corp. and other companies also sit on the board.

Gordon and faculty members meet regularly with the DAB to discuss what UDM can do to better prepare students for their first year as associates.

“The DAB members reflected on their law school education and said their third-year experiences were similar to those of our alums,” Gordon says. “They also frequently encounter new associates who are missing some of the basic skills needed to practice law, specifically with regard to transactional work. They complained about the amount of time and money they spend to train first-year associates because of the disconnect between what is taught and the realities of practice. Our faculty committee studied the matter for two years, and ultimately the recommendation was to create the Law Firm Program, based upon DAB and alumni input.”

A REVOLUTIONARY CURRICULUM

Launched in the Winter 2007 semester, the Law Firm Program creates opportunities for third-year UDM students to engage in a simulated complex corporate transaction. The scenario presented in the initial pilot course involved an asset sale of a fictitious detergent manufacturer with significant intellectual property holdings.

The 18 students who enrolled in the course, titled “Corporate Transactional Practice,” assumed the role of associate attorneys within a firm and handled certain aspects of the sale, including engaging in due diligence, reviewing and drafting documents, conducting research, engaging in simulated negotiations, learning about the legal specialists’ role in the transaction, and preparing for the closing. In short, the students learned how to handle the transaction by doing it themselves.

Distinguished Visiting Professors Carol Clark – former senior partner at Honigman, Miller, Schwartz and Cohn – and Lloyd Semple – chairman emeritus of Dykema Gossett – co-taught the class with additional input from Professor Tracy Weissman, Law Firm Program director.

“We centered the course on a corporate acquisition because that’s our area of expertise,” Clark says. “Based upon our experiences, we took students through the legal process from beginning to end. We structured the class as if it were a firm. Lloyd and I acted as senior partners while the students were the associates. They engaged in all the actions a real lawyer would do and addressed the same issues they will encounter in everyday practice. Everything the students did replicated things Tracy, Lloyd and I have done.”

The corporate transaction course was also designed to build upon the concepts the students learned during their first two years of law school.

“We know the students came to us with a solid grounding in theory,” Clark says. “We didn’t abandon theory but taught it within the context of the class. By the time the students enter their third year, they’ve already done their research. But now they’re putting theory into practice. The Law Firm Program is not meant to replace substantive courses. Rather, theory is incorporated within the context of a real-world scenario.”

Like the DAB members, Semple says during his more than 40 years of practice he recognized the need to change the curriculum to teach law students to “act” and not just “think” like lawyers.

“It was clear to me when I came to teach at UDM that legal education is the same as it was 45 years ago,” Semple says. “By the third year of law school, the majority of students find their courses to be repetitive and not of much value. I also heard within my firm that there were certain areas in which new associates were lacking practical knowledge.

“While there are transaction courses taught in law school with the methodology of taking the student from initiation to closing, we elevated it to the next level. Instead of just learning about the process, they actually did it.”

With an interactive, experiential approach, Clark and Semple observed the students as they drafted documents and engaged in the negotiation process, then noted their achievements and mistakes, and provided constructive feedback on an individual and group basis.

“While the students negotiated as representatives of the buyer and seller, we would insert pauses and talk to them about possible areas for improvement,” Clark says. “Some of the things we addressed were negotiating tactics and the importance of body language. The great advantage for the students was being able to make mistakes in class instead of making them on the job. That kind of feedback is not something a new associate would get from a partner. When you’re dealing with billable time, there’s no opportunity to sit down and go over those things. You just move on to the next case and hope the associates can figure it out by themselves.”

In addition to in-class exercises, presentations and a final writing assignment, the regular classroom interaction indicated that the students were enthusiastic about the material and gaining new skills that will help them as they transition into practice.

“We gave extensive feedback every week and saw some incredible improvement from the first class to the end of the semester,” Clark says. “They showed great improvement because they were learning. As the Law Firm Program expands, UDM Law graduates will be several steps ahead of graduates from other schools and begin to provide value to their firms more quickly.

“I’m very enthusiastic about the Program and think it’s really going to change the legal educational system. If I could go back to my own law school experience, I would have taken this course in a heartbeat.”

PREPARED FOR PRACTICE

Jonathan Berg, who graduated from UDM Law in May and has an associate position lined up at Kerr, Russell and Weber in Detroit, was one of the students enrolled in the pilot course. Like many other graduates, Berg already had some law firm experience as a summer associate. The Law Firm Program, he says, put him a step ahead.

“I felt quite a bit of nervousness as a summer associate last year due to being in some unfamiliar situations,” Berg said. “The corporate transaction course was a much more relaxed environment. We were free to ask questions, make mistakes and learn from them.

“The Law Firm Program is a great concept. Traditional courses are still absolutely fundamental in terms of how to interpret cases and apply the law. But the third year is the perfect time to apply that knowledge in practical terms. The Program definitely enriched my education. It was a very valuable experience and now I know what is expected of me when I become an associate.”

Melodee Henderson, another May UDM Law graduate who took the course, directly applied the knowledge she gained from the class to her job as a corporate legal department intern at Compuware.

“Having the opportunity to do some real transactional work at Compuware during the semester helped put a lot of things into perspective,” Henderson says. “I think once we enter the profession we’ll be amazed at how much we’ve learned and how it can be applied. Professors Clark and Semple worked very well together and really challenged us to critically assess the various situations introduced in the class. As first-year associates, we won’t be as green when interacting with firm partners.”

Mickey Chichester, who also took the corporate transaction course, appreciated the mentoring he received from the instructors and gained an awareness of how different areas of the law can converge within a single transaction.

“Being a law student is often a solitary enterprise,” Chichester said. “But the transaction course was much more hands-on and participatory. Professors Clark and Semple brought a real practitioner approach to the class. They could speak to the various deals they worked on while they were in practice. We also received feedback consistently in a format that differed quite a bit from my previous classes.

“The way in which we applied what we learned in the first two years of law school was very beneficial. The course also made us think about different areas of the law and kept us thinking about other legal specialists we’ll encounter in practice. We learned about all the parties who need to be involved from a legal standpoint and about the amount of collaboration that exists in practicing law.”

UDM students will also have a leg up on the competition when it comes to job prospects thanks to their Law Firm Program coursework.

“Among the items we’ve set out to achieve with the Law Firm Program is making UDM students more competitive in the marketplace,” Semple says. “The skills the students learn in the class will effectively give them another arrow in their quiver when it comes to seeking employment. Once the students pass the bar and are admitted to practice, they’ll already have an understanding of what they really need to represent clients effectively.”

Positive media coverage of the Program is also boosting the marketability of UDM School of Law graduates. In addition to The Wall Street Journal and National Law Journal, articles highlighting the distinct, groundbreaking blend of academics and practice have appeared in Crain’s Detroit Business as well as The National Jurist – publications read by major firms and prospective students around the country.

“We have more national firms flying to Detroit to interview students,” Gordon says. “In addition to the skills they pick up, the students will benefit from the program’s increasing reputation, and the skills they gain will serve them everywhere.”

PROGRAM EXPANSION

To facilitate discussion on how various areas of the law relate to the corporate transaction, Clark and Semple invited guest speakers to the class to discuss the role of legal specialists in employee benefits, environmental law, labor and employment law and tax law. UDM will expand this concept in the Fall 2007 semester when Law Firm Program students will also be able to select from a range of specialty “modules,” or electives related to the core course. The modules offered in a given semester will be based on issues most commonly encountered in practice as related to the core transaction.

Module subject matter under consideration include antitrust, bankruptcy, civil rights, disposition of pending litigation, employee benefits, employment and labor issues, environmental law, ethical issues, executive compensation, fiduciary obligations, intellectual property, international mergers and acquisitions, products liability, real estate transactions, securities law, tax issues and white collar crime. Other subjects such as family law, estates and trusts and health care law will also be covered as issues spin off from the core transaction or the parties involved.

“Some of the modules will deal with tangential issues while others stand on their own,” Clark says. “For example, we may introduce a Family Law module. In the core course, we might introduce a situation where one of the ‘principals’ is selling their stock and going through a divorce. The module will address how that transaction affects that person’s family.

“We expect the modules will be limited only by the imagination of those who teach them. And all will be taught in the hands-on approach reflected in the core course.”

As with the core Law Firm Program course, representatives from the DAB are involved in developing the modules. UDM will offer four to five modules next fall – others will be introduced over a three-year period. When fully implemented, students will be able to choose from more than a dozen modules.

Also in Fall 2007, the Law Firm Program will be a required, central component of the UDM legal curriculum – all entering UDM students will need to complete at least four credits in the Program before graduation. Students could also elect to base almost their entire third-year course load on the Program by enrolling in many of the modules.

“The Law Firm Program and modules represent a significant change in our third-year curriculum,” Gordon says. “When we initiated the program concept, we looked to see if any other schools had similar programs and didn’t find any. We’ve listened to what practicing attorneys and judges have told us, and we’ve responded by integrating theory, doctrine and practice in the third-year. UDM is on the cutting edge in terms of curriculum, and I’m thrilled that our faculty is willing to be so innovative.”

Semple concurs that the UDM curriculum is at the forefront of legal education in the United States.

“I think right now other schools are just beginning to look at their curriculum, but we’ve already started something quite unique,” Semple says. “UDM is among the academic leaders, which also makes the School more competitive from a recruiting standpoint and enhances its ability to attract more of the finest students.”

While applications to law schools nationwide have declined in the last three years, last year UDM received more than 1,400 applications for approximately 210 available slots. And for the first time in UDM School of Law history, more than half the applications received came from outside Michigan.

“I think the Law Firm Program represents the new wave of legal education,” Clark says. “UDM is setting the pace and producing graduates who will be productive to their firms in a shorter timeframe. Because the Dean’s Advisory Board includes partners from firms across the country, it’s making the School more prominent nationally and UDM graduates more marketable.”

And it is bringing renewed academic interest to third-year UDM law students.

“I honestly think the corporate transaction course was one of the best classes I took in law school,” Henderson says. “The Law Firm Program is definitely a step in the right direction, and I think a lot of other law schools will follow, because they have to listen to the demands of partners and what they seek in first-year associates. Dean Gordon has heard those demands first hand from his advisory board. UDM wants us to be prepared and marketable, and the Law Firm Program is making that happen.”

If you're interested in assisting with the Law Firm Program, contact Professor Lynn Dodge at 313-596-0200 or lynndodge@sbcglobal.net. To make a donation to the Program, contact Director of Development Ginger Hrtanek at 313-596-0274 or hrtaneva@udmercy.edu.