Previous ABA Experiential Learning Increase Showed No Improvement in Bar Passage or Employment Outcomes

New research indicates that the American Bar Association's (ABA) 2014 increase in required experiential learning credits for law students did not lead to improved bar passage rates or employment outcomes. This finding emerges as the ABA's Council of the Section of Legal Education and Admissions to the Bar considers a new proposal to double these requirements. Adam Chilton, a Professor at the University of Chicago Law School, highlighted this lack of impact in a recent social media post, stating, "the ABA's last experiential increase did not improved bar passage rates or employment outcomes."

The 2014 standard mandated a minimum of six experiential learning credits. However, a study examining the impact of this change found no reported increase in the percentage of students graduating with experiential experience, and the availability of law clinic seats and simulation courses actually decreased or remained unchanged. This suggests that the previous mandate did not achieve its intended goals of enhancing practical readiness or post-graduation success.

Despite these past results, the ABA is now deliberating a revised proposal to increase the experiential learning requirement from six to twelve credits. The updated plan offers some flexibility, allowing three credits to be earned in the first year and partial credit for traditional courses with practical elements, with implementation pushed back to no earlier than 2032.

The proposal has met significant opposition from many law school deans, who argue that doubling the requirement would substantially increase tuition costs and impose burdensome curricular changes. Critics, such as Northwestern Pritzker School of Law professor Daniel Rodriguez, contend that there is a "conspicuous lack of what we might call evidence-based analysis in the council’s work" to justify the expansion.

Conversely, supporters, including clinical faculty like Cornell Law School's Gautam Hans, maintain that expanded hands-on opportunities are crucial for producing practice-ready graduates. They express cautious optimism about the revised plan, emphasizing the importance of clinical, externship, and simulation experiences in legal education. The debate underscores ongoing tensions regarding the ABA's role in shaping legal education and ensuring graduate competency.