Do Law Professors Really Need Practical Legal Experience?
Law school education and the role of law professors have evolved over the years. While the traditional perception might suggest that law professors should have extensive practical legal experience, the reality is quite different. This article explores the necessity of practical legal experience for law professors, drawing upon notable examples from both the U.S. and the UK.
Theoretical vs. Practical Legal Knowledge
The core of a law school curriculum is intended to inculcate critical thinking and analytical skills rather than practical legal skills. As noted, law school teaches students how to think like legal researchers, which involves skills such as identifying relevant facts, checking for accuracy of the client's story, drafting legal documents, and understanding statutes relevant to the field of law.
Even those who go on to practice the law sometimes find that their academic knowledge can be a double-edged sword. One law professor turned litigator found that his academic training in banking law was valuable for drafting multi-million dollar loan agreements, but eventually, the challenge of litigation ceased to be fun, leading him to retire and pursue sailing.
Inherent Challenges in Practical Legal Experience
Acknowledging the diminishing need for extensive practical experience, two prominent legal figures, Sir Gunther Treitel and Professor Adrian Zuckerman, provide instructive examples. Sir Gunther Treitel, renowned for his work on contract law, was a professor who never qualified as a lawyer or undertook legal practice. His academic work was purely theoretical and intellectual, emphasizing the philosophical and abstract aspects of law.
Similarly, Professor Adrian Zuckerman, known for his teachings on civil procedure, also eschewed practical experience. This is even more remarkable given the subject matter, since one would expect a practitioner's experience to be essential for such a topic.
Other Notable Examples
There are numerous other lesser-known professors who have never practiced law, further straining the idea that practical experience is a must for law professors. A personal anecdote involving the author's doctoral supervisor and one of his examiners highlights the trend towards incorporating some practical experience, though not always extensive.
For instance, the author's doctoral supervisor only practiced for a brief period before returning to academia. Another examiner obtained a professional qualification late in his academic career, returning several years into his professorship without substantial practice.
Current Trends and Expectations
Despite the growing number of professors without practical experience, the expectation is slowly shifting towards a minimum, albeit limited, period of practical exposure. This trend reflects the changing nature of legal education and the emphasis on preparing students for practical legal work.
The practical training required for students to become fully qualified lawyers, such as the Legal Practice Course (LPC) or Bar Vocational Course (BVC), takes place after graduation. These courses, along with vocational training articles or pupillage, provide the necessary hands-on experience that theoretical knowledge alone cannot offer.
Conclusion
While the notion of law professors needing practical legal experience is often debated, the reality is that many successful and renowned legal academics achieve success without having extensive practical experience. Universities and legal institutions need to strike a balance between theoretical and practical knowledge, ensuring that students are well-equipped for their future legal careers.
The role of law professors, therefore, remains multifaceted. Their primary responsibility lies in imparting a deep understanding of legal principles and theories, which can be complemented by practical insights and experiences.