Teaching and learning law and business an open resource tool

Mitchell Hamline School of Law Mitchell Hamline Open Access Faculty Scholarship 2020 Teaching and Learning Law and Business: An Open Resource Tool John O. Sonsteng Willow Najjar Anderson Michael Carlson John Edell Alexander Koch See next page for additional authors Follow this and additional works at: https://open.edu/facsch Part of the Legal Education Commons Publication Information Mitchell Hamline School of Law - Center for Law and Business This Article is brought to you for free and open access by Mitchell Hamline Open Access. It has been accepted for inclusion in Faculty Scholarship by an authorized administrator of Mitchell Hamline Open Access. For more information, please contact sean.

Teaching and Learning Law and Business: An Open Resource Tool Abstract This dissertation examines the impacts of business law education through a multi-layered review of surveys, data, and literature. The authors examine what law schools across the country offer, explore research conducted in partnership with the Minnesota and American Bar Associations, and provide a systemic review of the relevant literature. The data shows attorneys resoundingly do not believe law school coursework prepared them adequately for the business of law. Despite the practical changes that have been made to law school education since the 1960s to the present, there is still a disconnect between what law schools say they will provide and what is delivered.

By examining this issue of how law schools have offered an unfulfilled promise, we clarify the process by which education can transform lives, open doors, and reorganize structures to address the needs of the communities we serve. The period studied: 2009–20 includes the expansion of online capabilities, distance learning, and the global pandemic of COVID 19. Two major research strategies are used: (1) a quantitative analysis of state and countrywide-level data and (2) a review of literature. Data has been collected from archives, interviews, newspapers, published reports, and studies.

This dissertation challenges the proposition that that doctrinal law school course offerings adequately prepare law students to thrive in business for themselves or their clients. Practical skills courses, innovation, collaboration, simulations, and partnerships with lawyers, teachers and businesspeople in the community will be the driving agents for change. Keywords Business of law, Legal practice skills, Practice of law Disciplines Legal Education Authors John O. Sonsteng, Willow Najjar Anderson, Michael Carlson, John Edell, Alexander Koch, Samuel McCollough, and Hannah Mohs Teaching and Learning Law and Business: An Open Resource Tool Professor John Sonsteng Director, Center for Law and Business Mitchell Hamline School of Law B., University of Minnesota, 1964 J., University of Minnesota, 1967 john.edu 651-290-6324 Willow Najjar Anderson Michael Carlson Anderson Law Firm Minnesota State Bar Association J., William Mitchell College of Law, M., William Mitchell College of Law, B., University of Minnesota, 1996 2003 willow@willowandersonlaw., Ripon College, 1993 651-334-3244 mcarlson@mnbars.org 612-278-6336 And John Edell, Mitchell Hamline School of Law, 2021 Alexander Koch, Mitchell Hamline School of Law, 2021 Samuel McCollough, Mitchell Hamline School of Law, 2021 Hannah Mohs, Mitchell Hamline School of Law, 2019 With substantial contributions to this or previous foundation articles by the following: Louis Ainsworth, Doug Belden, Larry Bell, Allen Blair, Terrand Eogie, Angela Bonilla, Sara Dannecker, David Camarotto, June Cicero, Greg Duhl, Oralee Espenheide, Leanne Fuith, Resa Gilats, Hannah Halloran, Holly Hankins, Frank Harris, Roger Haydock, Samuel Heacox, Lisa Heidenreich, Alisha Hennen, Jim Hilbert, Morgan Holcomb, Eric Janus, Leigha Lattner, Katherine Lavigne, John Maclachlan, Paige McAuliffe, Jennifer Miller, Minnesota State Bar Association, Cara Moulton, Christopher Nguyen, Robert Oliphant, Emily Parks, Karl Peters, Michael Peterson, Monali Ralerasakar, Donna Rauch, Denise Roy, Sharon Sandeen, Nigel Savage, Amanda Soderlind, University of Minnesota Center for Survey Research, Anthony Varela, Donna Ward, Anthony Winer, and Jason Zotalis.

Abstract “Teaching and Learning Law and Business: An Open Resource Tool,” (Mitchell Hamline School of Law, July 15, 2020). This dissertation examines the impacts of business law education through a multi-layered review of surveys, data, and literature. The authors examine what law schools across the country offer, explore research conducted in partnership with the Minnesota and American Bar Associations, and provide a systemic review of the relevant literature. The data shows attorneys resoundingly do not believe law school coursework prepared them adequately for the business of law.

Small to mid-sized businesses and entrepreneurs do not find the lawyers law schools produce to be prepared to practice law. Despite the practical changes that have been made to law school education since the 1960s to the present, there is still a disconnect between what law schools say they will provide and what is delivered. By examining this issue of how law schools have offered an unfulfilled promise, we clarify the process by which education can transform lives, open doors, and reorganize structures to address the needs of the communities we serve. The period studied: 2009–20 includes the expansion of online capabilities, distance learning, and the global pandemic of COVID 19.

Two major research strategies are used: (1) a quantitative analysis of state and countrywide-level data and (2) a review of literature. Data has been collected from archives, interviews, newspapers, published reports, and studies. This dissertation challenges the proposition that that doctrinal law school course offerings adequately prepare law students to thrive in business for themselves or their clients. Practical skills courses, innovation, collaboration, simulations, and partnerships with lawyers, teachers and businesspeople in the community will be the driving agents for change.

The Center for Law and Business calls upon partners, collaborators, and innovators to offer advice. Lawyers, alumni, students, faculty, global business partners, and policy reformers may provide input and examples. Contribute in the form of articles, videos, published academic papers, files, unpublished papers, continuing legal education course work, ideas, matrixes for measuring outcomes, and possible solutions. This “Open Resource Tool” will make these materials freely available to anyone.

Just as the computer coding industry has benefited from having source code freely available for possible modification, the Open Resource Tool is also an innovative way to engage participants to collaborate and improve. By propelling change through an array of people, institutions, and infrastructure, these publications and participations will serve law and businesses in this rapidly changing world. Join Us Join the global legal education renaissance. Contribute your ideas, innovations, research, and articles.

Become a partner as a resource for law students and lawyers. Collaborate with us and have discussions with others. The Center for Law and Business Open Resource Tool: mitchellhamline.edu/business-resource Table of Contents Abstract. Introduction: Why Now?.

The Problem: A Summary Of Research And Articles. 2 Proof Of The Problem: Surveys And Studies. What Other Law Schools Are Doing To Integrate Business Curriculum?. 8 University of Arkansas School of Law.

8 Ave Maria School of Law. 8 Chapman University School of Law. 8 Columbus School of Law. Levin College of Law – University of Florida.

9 Indiana University Maurer School of Law. 9 Northwestern University Pritzker School of Law. 9 Texas Tech University School of Law. 10 University of Toledo College of Law.

10 UCLA School of Law. 10 West Virginia University College of Law. 11 Yale Law School. The Case for The Center For Law And Business Mitchell Hamline School of Law: A Way Forward – One Law School’s Solution.

12 The Case for the Center for Law and Business. 12 The Way Forward. 13 The Program and its Context. A Piece of The Solution: The Open Resource Tool.

15 Why An Open Resource?. 15 A Call to Action. 16 How to Use This Open Resource Tool. 16 Contributing Articles or Research.

17 Participating in Discussion Forums. Publishing in The Open Resource Tool: Research, Magazine, Newspaper and Digital Articles. 17 Scope of Operations. Conclusion: Because the Future is Now.

21 Appendix A: Methodology, Data and Results. 22 Identified Sources of Law Practice Management Skills Training—Full Tables Showing Results of the 1997– 99 , 2013 and 2018/19 Surveys. 26 Appendix B: Mitchell Hamline School of Law Curriculum. 1 Center for Law and Business Certificate.

1 Practical Experience Requirement. 3 Student Engagement Requirement. 4 Supporting Research: Articles, Studies, Books. 1 Articles and Books.

Introduction: Why Now? We are amid an unplanned legal education renaissance. One that is more autonomous, virtual, and client centered. In a world where law and business are closely intertwined, lawyers must understand business principles, business ethics, and what it takes to run a business. As the price of law school education mounts, economies depress, technology expands, and businesses modernize, our legal practice and legal education institutions must respond to the obvious needs of our clients.

The resounding evidence shows, however, that legal education in the United States as it stands does not provide law students with the knowledge and skills to successfully run a law practice or support business clients. A law practice, after all, is a business which encompasses all the work and knowledge that a successful business requires. It is not enough just to think like a lawyer. To be successful, one must act like a lawyer and businessperson.

Law schools must provide students with the knowledge and practical experience necessary to do this. While important for all attorneys, national and state employment statistics demonstrate that an understanding of business is crucial for attorneys in business. Through this research, we have identified the unfulfilled promise made by law schools and what law schools are currently offering. We offer preliminary solutions to a crisis that began well before COVID-19 and is now accelerating with unprecedented speed.

For law and businesses alike, we know these factors to be likely in our future. • There will be downturn in economies. A global depression means there will be fewer funding mechanisms for tuition and bricks and mortar institutions. • Businesses and educational institutions are acknowledging that they must create learning and working environments that safeguard public health for the future.

• Alliances with transatlantic partners and cross-cultural exchanges could fray as nations turn inward and close borders to travel. • Doing nothing will accelerate the failure of legal education to fulfill its promise to educate and train lawyers for the practice and business of law. At this historical transition, there are indeed options. We aim to make the different options more visible and collaborative.

Law schools, institutions, and individuals cannot make the critical and necessary changes by working alone. We offer this open resource tool to manage uncertainty in a complex and volatile environment. We aim to connect the legal profession and its business partners so that we can be strategically agile and make better decisions that protect and advance common interests. Law schools and the legal profession worldwide can forge alliances on a coordinated plan.

A sustainable development goal of revitalizing legal education is within reach if we open our resources. The Problem: A Summary Of Research And Articles Law schools must assure that students achieve vital business practice competencies through the legal curriculum and effective teaching and learning protocols. The competencies include understanding business, business forms, business terminology and the ability to deliver practical skills such as drafting, client communication, and problem solving. Students must have an understanding of the range of career opportunities available in the business field as well as the legal field.

While some of these competencies can be taught in the classroom setting, most need to be taught and learned through innovative teaching and learning protocol. Business and financial literacy, practical skills, and client communication skills should be taught by those who have real practical experience and understand how to educate today’s students. Many articles suggest pairing law school faculty with practicing attorneys to provide students a wide variety of legal practice skills. Programs which allow law students to take courses at, or learn from professors who teach at, various other graduate schools can offer students a new perspective.

While the JD/MBA option is available, few students can afford to take this option, whether for monetary reasons or because of the extra time commitment.