The Debt Burden of Law School Graduates (Letter to the Editor)
New York Times, November 2, 2015
The Debt Burden of Law School Graduates (Letter to the Editor)
“Your editorial correctly notes the astronomical debt and diminishing job prospects facing most law school graduates today. While that is a problem requiring multifaceted solutions, there is a relatively simple step that could modestly increase law students’ income while giving them opportunities to obtain valuable training for a future job. The American Bar Association, which has exclusive authority to accredit the nation’s law schools, prohibits academic credit for law students working for a law firm or other private legal employer if they are paid for that work. The problem is that courts have interpreted the federal Fair Labor Standards Act to prohibit employers from offering unpaid internships if the intern’s work benefits the employer. The result is that a third-year law student can work for a government or nonprofit law office (to which the wage law does not apply) and receive academic credit, but the law student cannot receive credit for the same work for a private legal employer, since the student must be paid in order for the employer to avoid the high risk of costly litigation. The A.B.A. should lift this outmoded prohibition.”
