- Vishal Vyas
Civil Judge & Judicial Magistrate, Rajasthan Judicial Services
Many law students face difficulties when they
enter professional life. It is aptly said - it is one thing in theory and
another in practice or to perform. However, if law schools adequately prepare
their students they can perform exceptionally well.
In developing countries, the system depicts a sorry story,
and improvement in law schools is yet to be seen. It could be a complete recipe
of disaster for the legal profession. First things first, the curriculum is not
revised hence, students are compelled to go through or invest their time of 5
years to not-so updated syllabus. This has done more harm to them than good.
Secondly, law schools are not making their students tech-savvy. This not only
wastes time but also takes away another learning opportunity from students.
They are unable to access information in a quick time. For example, it is much easier
to look for case laws through law sites instead of law digests. Thirdly, the
inefficacy of assignments and projects, if not all, most of the students
copy-paste the things. It’s not all their fault, as when one is given homework
without creating one’s interest in it – this is going to happen (yes, CTRL+C
& CTRL+V). Another most important thing is research, which in a legal study
is the foundation of being a good Lawyer and Legal Drafting is a pillar to
support the roof which is the strength to argue. Unfortunately, the emphasis of
law school is on just grades and not learning.
To make a good business, of course in-take of law students is
more than required or available resources. Ultimately, this is
counterproductive - both for students and institutions as well. Is it that the
college does not really care or deliberately compromise on legal interest for
the sake of exploitation and making money? Well, the things (apparent) do say
so. Cheating in exams is trending too. Colleges fail to anticipate its
student’s creativity and put credibility and reputation of the legal profession
on stake. No strings attached, the ratio of females in the law profession is
extremely low and law schools are doing nothing in this regard. Not any
scholarships for them, not any incentives. The law schools within curriculum
years do not even offer any internships. There are many other factors involved,
and the jury is still out.
Nonetheless, in developed countries, the situation is far better.
From curriculum to giving assignments, from a way of teaching to giving
students an exposure to different kinds of activities, from moot courts to mock
trials, from legal clinics to offering students paralegal or clerk jobs at law
firms, from legal drafting to the latest research method and what not? You name
it! Law schools produce the best lawyers and not just liars.
There are no two opinions on it. To excel, developing
countries shall follow the models of developed countries. If law schools want
to clear their names they shall start amending the system. Here are my two
cents how law schools can prepare future lawyers, superlatively:
1.) Admissions
strictly adhere to merit-based and the practice of excessive enrollment shall
be spurned.
2.) Law
schools must be keeping in trend with technology, modern world, and improvised
syllabus.
3.) Pathetic
and old system shall be replaced by innovative and creative ways of teaching
and inclusive education.
4.) Legal
research shall be given as much impotence as it deserves, besides, legal
drafting must be taught.
5.) Moot
courts and mock trials are important to develop argumentative skills.
6.) Legal
clinics at every law school is mandatory to get acquainted with their students
to different medico-legal procedures and several other practical aspects of
different cases.
7.) Internships
will give them exposure, and are necessary for them to gain an insight of legal
practice also towards more diverse experiential learning.
8.) Cheating
in exams is malpractice, and it shall be condemned.
9.) Management
must inculcate ethical and moral values into students.
10.) The
focus shall be on the business side of the law as well.
11.) Law
schools require proficiency in legal technologies.
12.) Access
to law sites for every student shall be free of cost.
The ineffectiveness is not worth defending however, worth
correcting. Effective strategies and amendments can do wonders. Law schools are
mandated to carry out its function in a magnificent manner. To reform the
institutions the due process shall be less political and more legal, as this is
a serious cause of concern for both the law students and the legal fraternity.
To do justice with the common public in general and the legal profession in
particular, the law school system needs to be changed according to the world’s
needs. I hope to see changes – positive one of course. Lawyers are the most
important segment of society that is why they shall be prepared well as William
Howard Taft nicely put -
“Lawyers are necessary in a
community. Some of you...take a different view; but as I am a member of that
legal profession, or was at one time, and have only lost standing in it to
become a politician, I still retain the pride of the profession. And I still
insist that it is the law and the lawyer that make popular government under a
written constitution and written statutes possible.”