Last week, I blogged about the increased fees that LSAC is charging potential law students (two-thirds of whom will never go to law school) for its mandatory services. This week, the Blogfather informs us, via TaxProfBlog, that the ABA is considering permitting schools to enroll students who have not taken the LSAT.
Prof. Reynolds snarks that this is a way to deal with dropping applicant numbers. While we’re being all cynical, I’ll add that it’s a way to ignore rampant grade inflation, especially in “peace studies” majors. One of the advantages of a standardised test is that it enables schools to compare students in tough majors from top schools to those in easier majors at grade-inflated schools. It also provides some semblance of accountability in terms of whether a student has actually received a college education that teaches her critical thinking skills. Not only do some majors lead to better job prospects, they also correlate to higher LSAT scores. Absent a requirement to take the LSAT, such differences between students, majors, and universities disappear entirely.
Cynicism aside, the biggest problem with not requiring students to take a standardised test for admissions is that they will need to take a much harder, longer, and rigourous test to practise law, Wisconsin graduates aside. The LSAT is a better predictor of first-time and eventual bar-exam success than are law school or undergraduate grades. (Faculty Lounge.) Fair or not, students who cannot do well on time-limited and multiple-choice exams will struggle mightily with the bar – and that struggle happens after, not before, they have given three or four years of their lives to law school and accumulated six figures of student loan debt.
Whether the issue be affirmative action or the LSAT, we do not do well by potential lawyers by putting up the highest and most durable barriers to practising law at the end of three years and six figures of debt. Such barriers, to the extent practicable, belong earlier in the process. Law schools are not required to do a darn thing with the LSAT scores of its students – it can admit an entire class full of people who score below 130, if it chooses – but requiring them to admit only students who have taken the LSAT provides some measure of accountability, or at least defeats the suggestion that a law school could not possibly have foreseen that many of its students would never pass the bar exam.
The value of the bar exam is a debate for another blog post, but its existence cannot be denied, nor the correlation between being a good LSAT examinee and becoming licensed to practise law. The only question is whether we will put the rate-limiting step exclusively at the end of long, expensive process or keep one rate-limiting step at the beginning.
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