On the Shoulders of Giants
“When I began as Director of the University of Chicago Law School in 1970, I held the position of Assistant Professor of Law but the other six (6) clinical teachers were called staff attorneys and not considered faculty for any purpose.”
I understand now that the late Gary Palm uttered those words in 2014 on my behalf (and so many others) before a hearing at the American Bar Association. In 1970, I wasn’t even out of elementary school but Mr. Palm was laying the path for myself and many others to have opportunity as clinicians, critical players in legal education today.
The quote is part of his testimony before the ABA to save the status of Clinical Law Professors at the nation’s law schools. I never met Mr. Palm but obviously, I am eternally grateful. Reading various clinicians write about him this week upon the announcement of his death, I am moved. It is refreshing to know people (colleagues) are putting in work on your behalf and created a chance for you. I stand on the shoulders of many people. Add Mr. Palm to my personal list.
Mr. Palm, also stated the following in his testimony that day:
Because of the uncertainty of funding in the 1970’s and 1980’s, those of us who negotiated 405(e) wanted flexibility but with the assurance that a core of clinical teachers would hold positions reasonably similar to tenure.
How important is the phrase “assurance that a core of clinical teachers would hold positions reasonably similar to tenure?”
Essential. Monumental for many of us.
My first clinical job had a financial guarantee of two years. I was already out looking in my second year for work. I stayed on that job for 5 years. I was able to learn the trade in those 5 years and meet individuals. I went through the meat market and got interviewed repeatedly, again learning how the system worked and most of all, I got to know intimately clinical work. Year to year promises were not the ticket. It wasn’t the law school’s fault necessarily but I had an idea of options that I had never known before.
So, now I am on a long term contract, a presumptively rolling contract that provides security and stability under the current rules. Is it perfect? No. Bt it is progress. I am now in my sixth year of my current teaching post and still learning, still savoring the stability, still enjoying the day to day with the lawyers of tomorrow.
Yet, while security and stability is great, I know the ultimate goal should be one faculty with equal rights. I have always felt this way. In the new law school era, it would be wise to give everyone equal skin in the game but at times, the pattern seems to be delay, delay, or divide, divide.
What I do know is I would never have taken the job I have now without a long term contract or stability. I would have done something but continue on the path of one year contracts? I don’t need anxiety on that level and I would not do that to my family again or insult myself with such an arrangement. As I once heard long time ago in some movie about actors taking negative, stereotypical roles just to have any old role: there is work at the post office.
So, in that respect, here is another quote from the late Gary Palm, a legend who I somehow missed when I attended various events at the AALS Clinical Conference and who I know is the best of what clinical legal education has become in the modern era:
“[T]he general sentiment is that 405(c) should provide greater protections with more long-term contracts, no “at will” contracts and greater participation in all aspects of faculty governance, including especially hiring and promotions of all faculty.
I could not agree more. We will see if Mr. Palm’s call will be realized and much more.