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2013 Neb. L. Rev. Bulletin 1 (2013)

handle is hein.journals/nelrvbu2013 and id is 1 raw text is: 




           THE EVAPORATING TRUST IN AMERICAN LEGAL EDUCATION

                                     Kyle McEntee1

              Copyright © 2013. Law School Transparency. All rights reserved.


       I once overheard a non-lawyer tell a popular lawyer joke. How can you tell that an

attorney is about to lie? Without missing a beat the jokester quipped. The attorney's lips begin to

move. The group found it funny, while I began to wonder what happened to my sense of humor. I

smirked, sure, but more than anything the familiar joke diverted my attention from comedy to

comity.

       Attitudes about lawyers follow an odd dichotomy. On the one hand, lawyers are

esteemed. They play an essential role in a society built on the rule of law. Parents want their kids

to grow up to be the next Atticus Finch or Sandra Day O'Connor. On the other hand, lawyers are

reviled as opportunistic, morally deficient, and-perhaps worst of all-liars. For a profession

predicated on trust, these colorful descriptions undermine, even if subtly, the rule of law.

       Lawyers have long had a trust problem (an important topic for another discussion). Now,

the legal profession combats a new assault on trust. Law schools have lost much of the trust

they've traditionally enjoyed. Through a combination of ever-increasing and unfair costs,2

disturbing self-dealing,3 and-most widely publicized-deceptive marketing,4 law schools now

(justly) face historic skepticism about the services they provide and their methods of promoting

those services. Persistent doubts about educational quality supplement concerns about law school

economics.5 The result: total LSATs administered, total applicants, and total enrollees are each

down for the third year in a row.6

       Media attitudes are another proxy for changing societal attitudes. Broad coverage of law

schools aside, my experience with journalists has completely changed since LST began its public