Characteristics of Large Externship Programs Providing an Externship Program that is Available to Virtually Every Law Student

Clinic-based Externships ► Emphasis on role of faculty supervisor ► Frequent contacts with Students (classroom component) Students (classroom component) Site Supervisors (site visits) Site Supervisors (site visits)

Apprenticeship-based Externships ► Emphasis on Supervising Judge or Attorney ► Primary Responsibility on Student ► Reflective Journals to Faculty Supervisor ► Faculty Contact with Student – Orientation, Individual Meetings and Final Interview ► Faculty Contact with Site Supervisor – Site Visits or Telephone Conferences

Clinic-based Characteristics ► Low Faculty-to-Student Ratios ► Modeled on Seminar ► Majority of Students Unable to Participate

Apprenticeship-based Characteristics ► Higher Faculty-to-Student Ratios ► Available to More Students ► Accommodations for Summer Externships ► Distant Externships Possible ► Private Law Firm and Corporate Positions as Approved Placements ► Pass-Fail Grading

Law Schools with 80% Participation ► Northeastern 202% (explanation) ► BYU 165% ► Hawaii 143% ► Wisconsin 116% ► Appalachian 100% ► Santa Clara 98% ► Washington 98% ► Denver 97% ► Marquette 96% ► Utah 96% ► Colorado 87% ► Vermont 85% ► Nevada Las Vegas 83% ► Drake 81% ► Georgia State 81% ► Albany 80% ► Pepperdine 80%

► Almost all of the programs available to a large proportion of law students have made some deliberate deviations from the typical externship programs. ► The accommodations appear to be the practical vehicle necessary to build a program that can accommodate a large proportion of the students.

Methods in Large Programs ► A tenured, full-time faculty member serves as director of the program assisted by part- time faculty and support staff ► A number of practitioners and judges serve as adjunct faculty ► A significant number of faculty members are involved in supervising externship students

Typical Externship Program ► Faculty Conduct Class 2 Hours Each Week ► Reflective Journals – Assigned Part of Class ► Placements -- Public Interest Limitations ► Graded Class ► Field Experience, Pass-Fail

Deviations from Typical Program ► Higher Faculty-to-Student Ratios ► Other means of Guided Reflection Replace Emphasis on Classroom Component ► Emphasis on Reflective Journals ► Use of Site Visits or Their Equivalents ► Types of Placements Approved ► Grading on Pass-Fail Basis

Removal of Barriers to Entry ► Distant and/or Summer Externships ► Seminars or Regularly Scheduled Tutorials Replaced by “Other Means of Guided Reflection” ► Alternatives to Periodic On-site Visits = Equivalent Telephone Conferences ► Increased Range of Approved Placements ► Pass-Fail Grading – Difficult to Compare

Classroom Component ABA 305(e)(7) 2005 Opportunities for student reflection on their field placement experience, through a seminar, regularly scheduled tutorials, or other means of guided reflection. Where a student can earn four or more academic credits (or equivalent) in the program for fieldwork, the seminar, tutorial, or other means of guided reflection must be provided contemporaneously.

Site Visits, ABA 305(e)(5) Periodic on-site visits or their equivalent by a faculty member if the field placement program awards four or more academic credits (or equivalent) for fieldwork in any academic term or if on-site visits or their equivalent are otherwise necessary and appropriate;

Definition of Faculty, ABA 305(c) 2005 – Each student’s academic achievement shall be evaluated by a faculty member. … ”faculty member” means a member of the full-time or part-time faculty. When appropriate a school may use faculty members from other law schools to supervise or assist in the supervision or review of a field placement program.

Alternative Approaches Opportunities for student reflection: ► Seminar (Classroom Component) ► Regularly Scheduled Tutorials or ► Other Means of Guided Reflection (Journals) On-Site Visits or Their Equivalent ► Periodic ► Otherwise necessary and appropriate Expanded Definition of Faculty

Reducing Classroom Component ► 4-8 Hour Orientation Sessions ► Journals as Primary Opportunity for Student Reflection ► Classroom Waiver for Distant Externships ► Fewer Classes in Summer Externships ► Paper Assignment as an Alternative

Reduced Reliance on Site Visits ► Periodic Instead of Annual Site Visits ► Telephone Conference Alternative ► Personal Acquaintance with Site Supervisor

Increased Focus on Journals ► Submitted Weekly by ► Regular Responses from Faculty Supervisor ► Guided Topics Assigned

Clinic-based Paradigm ► Similar to Seminar Approach ► Smaller Number of Students ► Weekly Class Sessions ► Individual Field Experience Assignments ► Final Presentation Shared with Other Students ► Advantage: Close Faculty/Student Contact

Tenured Professor Approach ► Similar to Other Large Law School Courses ► Student Contact in Class or through Journals ► Field Experiences are the Text ► Other Academic Assignments – Reports, Evaluations, Work Product ► Advantage: Large Number of Students, up to

Advantages of Tenured Professor ► Influence and Respect for Program ► Effective Advocacy with Others on Faculty ► More Stability, Less Turnover ► Access to Resources through Deans, Faculty Committees ► Known among Alumni and in Community

Disadvantages to Tenured Professor ► High Faculty-to-Student Ratio ► Most Expensive Approach for Large Program

Adjunct Faculty Approach ► Each Conducts Weekly Seminar ► Classes Assigned Around Specialties ► Students Share Similar Experiences ► Share Site Visit Responsibilities ► Advantage: Smaller Classes, Students

Disadvantages to Adjuncts ► Less Permanent ► No Regular Contact with Other Faculty ► Usually Program Director is Not Faculty ► Program May Be Marginalized = Outside of the Main Academic Curriculum

Large Number of Faculty Approach ► Many Faculty Involved ► Each Responsible for Small Number (2-5) ► Regular Tutorials and Communication ► May Be Supplemented by Large Class ► Advantage: Faculty Support ► Disadvantage: Unevenness of Commitment and Involvement

Student Academic Requirements ► Orientation Meetings ► Student Learning Plan ► Weekly Reflective Journals ► Class Meetings ► Midterm and Final Evaluations ► Final Report ► Work Product ► Final Interview with Faculty Supervisor

Large Programs, Unique Features ► Appalachian Mandatory externship for all students. Six weeks between students’ first and second years of law school. During second semester of law school all students take the Externship Class to prepare for practice- based learning. Mandatory externship for all students. Six weeks between students’ first and second years of law school. During second semester of law school all students take the Externship Class to prepare for practice- based learning.

Large Programs, Unique Features ► Marquette Supervising attorney is also a member of the adjunct faculty and serves as general supervisor of fieldwork and teaches academic component Supervising attorney is also a member of the adjunct faculty and serves as general supervisor of fieldwork and teaches academic component

Large Programs, Unique Features ► Utah Student may apply to engage in Directed Research with an Arranged Clinical Placement. (Requires coordination between the work to be undertaken in an individually selected placement and the reading and writing to be done as directed research. Student may apply to engage in Directed Research with an Arranged Clinical Placement. (Requires coordination between the work to be undertaken in an individually selected placement and the reading and writing to be done as directed research.

Vermont Externships are “individualized clinics” with “field-based” and “practicum-based learning.” The classroom component for 2 credits is described as a “complementary ethics seminar.” Faculty members serve as process supervisor/faculty sponsor. Externships are “individualized clinics” with “field-based” and “practicum-based learning.” The classroom component for 2 credits is described as a “complementary ethics seminar.” Faculty members serve as process supervisor/faculty sponsor.

Nevada – Las Vegas ► In summers, the class and orientation sessions are primarily scheduled during the first week of classes. Prerequisites for government and public interest externship: must have completed 45 hours of academic work plus Professional Responsibility.

Pepperdine ► Faculty advisors are required -- if five or more credits and for second externships in the same field

Hawaii ► Voice over internet protocol – software on laptop, plus microphone; buy phone number and make long distance phone call for pennies

University of Washington ► Directed by career services office; Career Service office does majority of paperwork because of their staff; connected to career choices.