Rule 10b-5: Employment of Manipulative and Deceptive Practices

Adam Smith wrote an interesting article, Rule 10b-5 and Law Schools, where he points out that while law schools need to change, they probably won’t due to one dirty word: tenure.

The article explains that even reducing time in law school from 3 years to 2 years would require laying off 33% of law school faculty and that’s going to happen any time soon thanks to tenure.

He notes the vicious cycle that law schools are all a part of:

Permit me to digress into the annual release of the US News law school rankings…I know that one quite important ingredient is total spending per student. The more a law school spends the better for its ranking. Since law schools tend to lack any meaningful endowments, the only way to raise the more-money you want to spend to goose your rankings is to raise tuition. So here we have the terrible bargain that many schools struck during the boom years:
• They could attempt to raise their US News ranking
• By spending more per student
• Funded by tuition increases
• Leaving graduates with more and more student loan debt
• Which was OK so long as jobs were plentiful at BigLaw starting at salaries of $160,000.

Smith proposes that law school deans should, “subscribe to what I’ll call the “10b-5 Oath.” He explains that under Rule 10b-5: Employment of Manipulative and Deceptive Practices we should:

Focus on clause (b), prohibiting (let’s read it a bit broadly, folks) people from selling things by mis-stating a material fact or omitting a material fact necessary in order to make the statements made, in the light of the circumstances under which they were made, not misleading.

He thinks law schools must be required to disclose honest employment data and 1L attrition rates in addtion to average student debt load at graduation. Of course law schools should provide that information; they don’t because no one would go to law school if they did.

I’ll go a step further: In addition to more information, the law schools should have to reimburse tuition for those students who graduate and cannot find jobs in the legal profession one year after graduation.

Job Opening For Newly Admitted Attorney

This must be one of those great jobs the law schools are always talking about. Ad today on NY Craigslist:

NY Newly admitted Atty For Ct Appearnces and Motion Practice Part time (TriBeCa)
Small general practice Firm with emphasis on plaintiff’s personal injury and civil rights near City Hall is seeking NY admitted attorney(s) part time for research legal writing, to appear in court for conferences, and for motion practice.
Excellent opportunity to gain experience and learn the practice of law.
Please send resume.
Thank you.

Burn, Baby, Burn

Talk about burning your bridges! An attorney in Virginia was charged with setting a fire at her former law firm in 2007 and again in 2008.

Ashely Shreve, an attorney and graduate of West Virginia University College of Law, was charged with second-degree arson and attempted arson in West Virginia. She started the blaze by torching a box of legal documents in her assistant’s office, as well as a burning wad of tissue in the bathroom.

She also sent in two bomb threats to the law office and one to an insurance company. DNA did her in the police found her DNA on an envelope that she used to send in the threats.

I think I understand how people can snap and do crazy things like this. What if one day that voice that says, you’ll regret it, don’t do it, doesn’t kick in when a jerk on a bicycle almost runs into you and you push him off in a moment of insanity? What if you just have had enough crap and you can’t take it anymore? I think this is something we’re going to see more and more of as more people are left without employment and hope.

Law Schools Rankings Malpractice?

Did he even have to ask? The Taxprof blog is asking if law schools committed rankings malpractice by not reporting their employment statistics for nine months after graduation. Everything a law school does is suspect if you ask me. He explains:

As U.S. News rankings aficionados know, the methodology used in the 2011 U.S. News Law School Rankings gives 18% weight to employment statistics: 14% to the percentage of the Class of 2008 employed nine months after graduation (which is reported to the ABA as well), and 4% to the percentage of the class employed at graduation (which is not reported to the ABA).

74 schools did not supply U.S. News with the percentage of the class employed at graduation. Well, that’s about as shocking as finding out it’s easy for George Clooney to get laid.

The 74 nonreporting schools presumably had an employed at graduation number more than 30 percentage points below their employed at nine months number and thus benefited in the rankings by not reporting their employed at graduation number to U.S. News.

Oh yes, they benefit by not reporting their employment numbers to U.S. News. Prospective students read that, do you think the schools want to advertise that none of their graduates find work after shelling out over $100,000? Not so much.

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