by John N. Erlenborn


Law Schools: Forgive, Don’t Forget 

In countless speeches, press conferences, reports, and other communiqués about our country’s access-to-justice crisis, I have found myself repeating some variation of a simple, yet vital sentiment: “We must all do our part.” While this refrain admittedly borders on the cliché, it also happens to reflect the reality of public interest law in an era of grossly insufficient private and governmental investment. Only 20 percent of more than 43 million eligible low-income Americans can obtain legal assistance when they need it. Given the sad state of civil justice in the freest nation in the world, it is encouraging to see an emerging group begin to recognize its obligation to help ensure justice for all: America’s law schools. 

A growing number of law-school administrators are realizing that their institutions have an important role to play. Loan Repayment Assistance Programs (or LRAPs) offer debt relief to students willing to commit to public interest work for a period of years upon graduation. The decision by many law-school deans to create and expand LRAPs could not have come at a more consequential time. 

Late last year, Equal Justice Works, the National Association for Law Placement, and the Partnership for Public Service released a 47-page report with a litany of troubling findings about how the crushing burden of school debt is deterring up to two-thirds of law students from considering careers in public service.

Law school tuition rates roughly doubled during the 1990s, which contributed substantially to today’s median law school debt of $84,400. When we factor in the average starting salary of $35,000 for public-interest attorneys—compared to $90,000 for lawyers in private practice—it’s not hard to see why 66 percent of law students surveyed say they can’t afford to work in the public interest.

The American Bar Association has assembled a distinguished commission to examine the problem, and spurring greater law school involvement is one of the ABA Commission on Loan Forgiveness’ top priorities. The group met recently in Scottsdale, Ariz., and I am pleased to report a vigorous exchange of ideas that bodes well for the substance of the Commission’s final report, due out in August.

Some of the most compelling dialogue in Arizona addressed what law schools can do. Only 56 law schools nationwide currently offer LRAPs, and many are insufficiently endowed—70 percent of the total funds available for debt forgiveness go to graduates of just six schools. Adding new LRAPs and expanding existing ones are equally essential parts of a larger solution. According to the 2002 report, 68 percent of public interest employers report difficulty attracting the attorneys they need, and 83 percent of students surveyed say $6,000 a year in loan forgiveness assistance would make federal government jobs, such as working at an LSC-funded legal aid program, more appealing.

On the upside, eight law schools have created new LRAPs since 2000, and many others are in the midst of forming and endowing their own. I am proud of Maryland, my state of residence, for being a leader in this movement. Both of Maryland’s accredited law schools are cognizant of the larger issue and committed to addressing the problem. University of Maryland School of Law already has an LRAP program to encourage students to give back to their communities upon graduation. University of Baltimore School of Law, led by Dean Gilbert Homes, just dedicated a $100,000 unrestricted gift to the endowment of an LRAP. 

LRAPs ought to be included as part of financial aid packages, since law schools often predicate such packages on students’ ability to pay back that $84,400 with their high starting salaries. This, of course, is not so for the would-be legal aid lawyer, but we should be encouraged by indications that this trend is changing.