28,000 Law Students & Growing: We Ask The Council of Law Deans Whether Australia is Over-Lawyered

time to visit the shearing shed?
In case our position still isn’t clear, we’ll say it again here. We think there are too many law students and too many law graduates in Australia. This very issue to our minds gives rise to the structural problem of junior lawyers being prepared to do anything to get a job and to succeed, including compromising their mental welfare. If we’re wrong and there’s currently the right number of law students, then, before too long, we’re sure there will be too many. Moreover, we’ve written at length about how firms are “deleveraging” – the process of reducing the number of non-partner staff in proportion to partners – but last week marked the harbinger of more drastic change; outsourcing.

We wrote to the Chair of the Council of Australian Law Deans, Professor Jill McKeough, to ask her whether she still believes (as per her comments to us earlier this year) that the jobs market remains healthy for law grads. Professor McKeough responded:

At this point of time the employment situation for law graduates seems to be still healthy. Obviously if an over-supply of law students is forecast and there is evidence for that then law schools will feel a responsibility to respond in order to ensure that the opportunities for graduates are as good as they can be. Most law schools do that already in a variety of ways.

We also asked Professor McKeough what her thoughts were about the Mallesons’ outsourcing agreement and what it means for graduates. She replied:

The fact that Mallesons are off-shoring discovery work does not affect the vast bulk of employment of law graduates. There are many factors at work with respect to employment of law graduates, and as I said before, for the last 40 years the idea that everyone practises law, let alone at a big firm, has not been the reality… I doubt that endless hours spent on discovery is regarded as a ‘core legal skill’.

While we agree that views may differ on whether discovery experience is a necessary attribute of a competent lawyer, on the more important point – namely the fact of that work being offshored and potentially diverted away from grads – we think this is likely to place downward pressure on the graduate recruitment market. Perhaps if wont affect the vast bulk of students, but certainly if all major law firms start off-shoring junior lawyer work, then it can’t be good news for graduates. Maybe we’re not there yet, but, perhaps linearly with each concluded outsourcing agreement, we’re getting closer to the critical point where there’ll be too many grads, and, coextensively, too many law students.

Which gets us to the revelation that two brand new law schools are starting up or have started – Central Qld in 2011, and Australian Catholic University, which is recruiting for a dean to start in 2012. We asked Professor Greg Craven, the Vice Chancellor of ACU, what market research, if any, indicated the need for the law faculty. We also asked him how many students he expects in the law faculty’s first cohort to contain and whether, given the state of the graduate legal jobs market, he fears those ACU graduates will find difficulty obtaining graduate employment.

Thanks to Vice Chancellor for the following response:

Market research indicates that there is significant unmet supply for places in Law in the States where we operate. The intention of the University would be to open a relatively small School, though exact numbers are not yet set. We are interested in quality, rather than quantity, and Law as a discipline fits the academic profile of the University perfectly. The Faculty will open in Melbourne in 2013, and Sydney in 2014. Employment will depend upon the quality of graduates and the perceptions of the profession. So far, judging by the quality of the practitioners and members of the judiciary on our planning board, interest is high. My own personal experience in this field is that, when as Foundation Dean of Law at Notre Dame in Perth I graduated my first class in 2000, they all received jobs, the only graduating class in WA that year to do so.

I always am a little amused when there is a suggestion that Australia should not have more Law Schools, given the number that already exist. The real question is how good those Schools will be, and whether they will be better than those currently existing, not simply whether they will be additional. One might just as easily argue that we should lose a couple of existing institutions, or that some very large Schools might care to contract their own numbers. In the event, the market will make its own judgement and we are quite confident on this point.

It’s an excellent point – perhaps we should get rid of a few crap law schools? As to which, we invite your comments below. It’s worth also noting here that the federal government next year is deregulating student places and this will mean, subject to a few conditions, universities can enrol as many students as they want in any course, including law. Law schools may grow and proliferate even more, more than the 28,000 the Australian Law Students’ Association currently estimates there to be.

Professor McKeough, this time wearing the hat of Dean of Law at the University of Technology Sydney, made the following comments about what impact deregulation will have her faculty’s law student numbers:

At UTS numbers of law students are expected to remain stable into the future as the University does not wish the law school to get any larger, for funding and quality reasons.

Thanks very much to Professor McKeough. Now over to our readers. What do you think? Have we reached a stage where, similar to their British counterparts, Law Deans should apprise high-school graduates seeking to enrol in a law degree of the increasing difficulties they will face in finding a graduate job? Or should the government just limit the number of law students?

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