The ABA, Lincoln Memorial University and the Paradox of Legal Education

The smart ones -- such as Daniel Boone -- may have kept going west...to Kentucky and beyond. But the tough ones stayed in the mountains. Like the ones who founded Lincoln Memorial University in 1897. Now, the American Bar Association is about to find out just how tough they are down in Harrogate, Tenn.
If you’ve ever been to the lands of the Cumberland Gap, you know or have a pretty good idea that nothing has ever come easy in these parts. Not roads. Not coal mining. Not jobs. And, if you’ve been following the recent news about Lincoln Memorial University, not accredited law schools.
The tale of LMU’s so-far-thwarted efforts to create an accredited law school says a lot about the state of how and where lawyers are educated in the United States. It tells us, for example, how the American Bar Association wears the protector’s mantle.
It tells us how the ABA ostensibly uses the law school accreditation process to safeguard the profession’s standards and to protect the public from quacks, charlatans and shysters.
On the other hand, something has to give. There’s a growing awareness that whatever system we have isn’t working. That the status quo…
- Unrealistically burdens students with crushing debt
- Often results in graduates with law degrees who lack the basic skills to practice law, and
- Restricts access to basic legal services in some parts of the nation and populations
This last one includes, the promoters of LMU’s Duncan School of Law claim, the people of the Appalachians where Kentucky, Tennessee and Virginia meet.
This is despite — or, perhaps, because of — the existence of 200 ABA-accredited law schools in the 50 states. These include three in Kentucky alone.
Which suggests another issue altogether. Does a state such as Kentucky really need three large law schools? If not, is there any chance that my state’s leaders could ever find whatever it takes to unring that bell?
I doubt it. However, Sydney Beckman, Pete DeBusk and other champions of an accredited Duncan School of Law are headed for their day in court. Where we’ll see, as my people sometimes say, whether this dog will hunt.






