The Lasting Benefits of Experiential Learning in Law Schools

At Sidebar column from the Fall 2024 issue of The Federal Lawyer magazine

After graduating from law school, I quickly learned that being a successful lawyer meant something different than being a successful law student; it wasn’t just my command of legal theory that would demonstrate my abilities, but my command of legal practice. Although I emerged from a traditional style of legal education that focuses on the doctrinal study of legal principles, the increasing use of experiential learning in law classrooms helps students develop critical legal thinking skills in an applied context. It allows an earlier integration of the model law student and model lawyer that seemed so distinctive from each other early in my career. Experiential learning means that to be a successful student, one must immerse oneself in the dynamics of the courtroom, hone advocacy skills, develop courtroom presence, and master the art of persuasion. Students must think on their feet, problem-solve in real-time, and make strategic decisions based on practical and ethical considerations. A combination of doctrinal and experiential education is critical in providing students with both a strong foundation in legal theory and the practical experience necessary to succeed in today’s legal environment. 

In 2014, the American Bar Association updated its standards to require each student to complete six credit hours of experiential learning.¹ The increasing emphasis on experiential learning reflects a broader shift in legal education towards a more practice-oriented approach. The number and variety of experiential courses have increased and become a crucial component of legal education as it seeks to bridge the gap between theory and practice. While students may learn the principles of contract law or tort law through a lecture, it is only through practical experience that they can truly understand how those principles are applied in real-life situations. Experiential learning allows students to see the law in action, gaining a deeper understanding of how legal rules are interpreted and applied by courts, agencies, and other legal actors.

Law school experiential learning takes many forms, including clinical programs, internships, externships, and simulated practice exercises. Some courses, like one I teach at Boston College Law School (BCLS), combine both experiential and doctrinal learning. Designed by BCLS Professor Mike Cassidy a few years before I took it over in 2016, this class, entitled Advanced Evidence: Trial Objections, gives students the opportunity to delve more deeply into the Federal Rules of Evidence and apply them in the context of litigation practice.

In this small seminar, which is limited to 20 students to provide meaningful feedback, students work in five teams of four and use several criminal and civil case studies during the semester. Each week, we focus on particular aspects of evidence and its application in the real world. The class time begins with a focused refresher on that week’s rule and a discussion of related assigned problems. In the latter part of class time, students perform an assigned task—be it cross-examining an expert, laying foundation, or refreshing recollection. The assigned opposing team objects as the “on call” students attempt their witness examinations. After the performance exercises, we discuss why a particular approach or objection did or did not work. By using both doctrinal and experiential methods in one class period, students can think critically about the rules of evidence and their practical application. And, as practicing lawyers, readers here will know that theory and practice can vary wildly depending on the jurisdiction or judge.

Another benefit to this combined teaching approach is that it helps students to develop important soft skills such as communication, teamwork, and problem-solving. In legal practice, success often depends on the ability to work effectively with others, whether that be colleagues, clients, or opposing counsel. In this course, students also think about the ethical and professional challenges they will face as lawyers. For example, we might discuss whether it is appropriate to pursue a particular line of cross examination as we navigate the balance between ethics and zealous advocacy. This format allows students to hone their ability to communicate clearly and persuasively, collaborate with others, and find creative solutions to complex problems.

The final examination also provides real world experience. Students, now working with just one partner, are assigned an entirely new fact pattern. They have a short window to think about and draft motions in limine, which they serve on an opposing team (also of two students). Each group then has one day to draft oppositions to the other side’s motions and prepare for oral argument. The final hearing, which is scheduled for three hours, is styled as a final pretrial conference and the professor acts as a judge hearing oral arguments on the motions in limine. At the end of the final, there is again an opportunity for specific feedback and comment.

I begin each semester by encouraging students to try new things in the safe space of the classroom. As readers know, trying something for the first time in a real-life trial is risky business. In this course, I hope to offer students the ability to practice the art of effective communication, learn to think on their feet, and develop the confidence and poise necessary to succeed in a high-pressure legal environment. As one of my students explained to me, this course is like a boxing spar—a practice round before being thrown into the ring. Students throughout the course face unexpected challenges, but they have the opportunity to navigate these challenges and gain exposure to legal practice before they find themselves in the metaphorical boxing ring of the courtroom. These experiences not only help students refine their oral advocacy skills but also instill in them the importance of preparation, attention to detail, and adaptability in the courtroom. The course and final hearing are grueling, but students overwhelmingly say how much they enjoyed and benefited from the experience. My hope, above all, is that the course teaches my students to trust in themselves and in their legal knowledge. Although early experiences as a young lawyer will always feel a bit like uncharted territory, experiential learning demonstrates that with solid preparation, attention to detail, and adaptability, new lawyers will flourish, not flounder, when confronted with new experiences.

Doctrinal learning provides students with a strong theoretical foundation in the law, equipping them with the knowledge necessary to understand legal concepts, analyze legal problems, and navigate legal issues. Experiential learning prepares students for the practical challenges of legal practice by giving them hands-on experience that develops the skills, judgment, and professionalism needed to succeed in the profession. A combination of both approaches can provide students with a well-rounded legal education, equipping them with the knowledge, skills, and judgment needed to excel in the practice of law.

Eugenia M. Carris is the general counsel for the Massachusetts Office of the Inspector General and teaches two courses at Boston College Law School.  She was an assistant U.S. attorney for over 20 years. © 2024 Eugenia M. Carris. All rights reserved.

Endnotes

1 Standards and Rules of Procedure for Approval of Law Schools, A.B.A. 15-25 (2017-18), https://www.americanbar.org/content/dam/aba/publications/misc/legal_education/Standards/2017-2018ABAStandardsforApprovalofLawSchools/2017_2018_standards_chapter3.authcheckdam.pdf.