ABA Seeking Comment to Revised Standards for Externships

With a memo to deans and other interested people on December 11, the ABA is seeking notice and comment to significant revisions of Standards 304 and 305.  These would move the standards governing field placements from 305 to 304 which governs clinics and simulation courses. 

The memo describes these proposed revision:

In moving field placements to Standard 304, requirements are added that are commensurate with those required for clinics and simulation courses—a means of guided reflection; opportunities for performance, feedback, and self-evaluation; and direct supervision. The new Standard also defines a field placement course as one that provides substantial lawyering experience and calls for the creation of a written understanding for the experience. It also imports components from Standard 305 such as the requirement for appropriate prerequisites or sufficient training, and the need for credit granted to be commensurate with the time and effort required. The revision removes any distinctions in the requirements for these programs based on credits offered, and mandates that records should be maintained for all placements. The revision also requires that law schools maintain sufficient control of the student experience at the field placement site to ensure that the requirements of the Standard are met.

Most significantly, “this proposal eliminates current Interpretation 305-2 (“A law school may not grant credit to a student for participation in a field placement program for which the student receives compensation.”) and does not include a similar prohibition in revised Standard 304.”

Instructions for submitting comments are in the memo here:  Notice and Comment – December 11 2015.