BY JAMES TOWNE
The coming 12 months for the legal profession
in the Capital Region should mirror the previous
12, showing further improvement in the legal
landscape locally.
While some sectors of the legal practice, such
as real estate, are down, based on stated real
estate closings, for the most part the area’s 4.7
percent unemployment rate has permitted the
local legal profession to realize proportionally
less constriction than other regions.
Having a stable local economy does buoy the
economy for all in comparison. That is not to
say that there are not areas of concern–some
one-sided and some double-edged for the profession
at large.
While normally an educational institution
should be a bell weather of where a profession
or trade is headed, many law schools over the
past decade chose to feast on temporary fortune
rather than responsibly foresee a future need.
These decisions were made at the expense of
three years of a young person’s life and at a staggering
cost well in excess of $100,000.
In response to the economic realities of the
legal profession suffering from too many law
schools, shrinking job prospects and too many
graduates, while flooding the market during a
recession, most law schools have finally started
acting in a responsible manner by reducing
student enrollment.
One of the law schools leading the way in aggressive
and responsible enrollment reduction
has been Albany Law School. President and former
Dean Penelope Andrews has succeeded in
slashing enrollment by 34.2 percent for incoming
freshman. That is a remarkable and responsible
approach to a too-long neglected issue.
Year-on-year enrollment in New York law
schools is down 4.7 percent and total enrollment
in New York law schools is down 28 percent
since the peak of 2010, according to the New
York Law Journal.
And while a few New York schools show a
trending increase in enrollment, those numbers
are not sustainable unless there is a reduction
in the total number of law schools. That may
happen as some schools teeter on the brink of
closing entirely. Several multi-campus schools
have already chosen the option of consolidation.
Nationwide, in 2014 first year enrollment at
ABA-approved law schools plummeted to the
lowest level since 1973. All the more remarkable
is that in 31 years there has been an increase
in law schools to the current number of 204,
compared to 1973 levels when there were only
151 ABA-accredited law schools.
Overall, the total number of enrolled law
students has sharply declined to 1987 levels
when there were only 175 ABA-accredited law
schools. The prospect of studying for three years
to obtain a juris doctorate degree at a cost of
nearly $150,000 while earning no income during
those years has become an unrealistic dream to
many. It is no secret that the hours required to
create and build a practice make alternatives
all the more attractive.
Enrollment of freshman students fell from
an all time high of 52,488 students in 2010 to
the current enrollment totals of 37,924. Total
enrolled students in the three-year degree
program dropped to 119,775 students, a 17.5
percent decline from the peak in 2010 of 145,157
students. With ever dwindling enrollment of
freshman law students, the enrollment figure
will continue to plummet in the near term, if
not become the new norm. Clearly a 27 percent
reduction in freshman enrollment in a mere
four years is the story of the profession’s future.
Also equally clear is that the reduction in
enrollment will further stabilize the economics
of the practice for those already working,
especially in light of the aging of Baby Boomers
into retirement or semi-retirement.
The place of minorities and women in the
profession remains problematic, both in the
Capital District as well as nationally. The National
Association of Women Lawyers’ annual
survey of the state of women in the nation’s 200
largest law firms reveals some sadly disturbing
news that equality in the profession is sorely
lacking, a bit of an absurdity in a profession
grounded upon equality.
Since the mid-1980s, more than 40 percent of
graduates have been women. Yet only 17 percent
of equity partners in those firms are women. In
30 years those numbers should be far closer.
But–and this is the silver lining–Gov.
Cuomo has increased the goal/mandate from 20
percent to 30 percent for outside state, county
and local contacts, including those for legal
services, to be awarded to minority and women
owned businesses. For law firms whose practice
areas include the ability to provide legal services
to these entities and who are a certified MWBE,
the future looks bright indeed.
Our firm’s experience as the largest state certified
MWBE law firm in 57 of the state’s
62 counties has been extremely positive. So
perhaps the increased opportunities afforded by
this state mandate will bolster the move toward
true equality in the profession.