Michael S. Greco Past President, American Bar Association Kosovo Bar and Legal education Roundtable: Establishing Relations & Activities Between Bar and Legal Education Providers Pristina, Kosovo June 19, 2008 The creation of the American Bar Association was motivated in large measure by the need to establish high standards for legal education in America. When the ABA was formed in Saratoga, New York, in August 1878, one of the first standing committees created was the Committee on Legal Education and Admissions to the Bar. This is an indication of the importance and priority that the ABA placed on the highest standards for legal education – for the protection the public and the legal profession itself. When the ABA was formed written bar examinations were just coming into use – though required by most states, the bar examination previously had been primarily oral and informal. Thus, the two subjects -- legal education and admissions to the bar -- were coupled from the ABA’s very founding and they remain so today, 130 years later. At its 1893 Annual Meeting the ABA created its first Section – not surprisingly, the Section of Legal Education and Admissions to the Bar. Today, members of the ABA Section of Legal Education and Admissions to the Bar comprise a 10,000 member group of practicing lawyers, law professors and judges who strive to improve legal education and lawyer licensing by fostering cooperation among legal educators, practitioners and judges through workshops, conferences and publications. The American Bar Association is the sole authority in the US for determining whether existing law schools, and newly formed ones, are deemed accredited. The Section – through its Accreditation Committee and its Section Council – determines law schools’ adherence with the American Bar Association’s Standards for Approval of Law Schools and recommends the accreditation of law schools by the Association. The Section also studies and makes recommendations for the improvement of bar admissions processes. The Mission of the ABA Section of Legal Education and Admissions to the Bar is to be a creative national force in providing leadership and services to those responsible for and those who benefit from a sound program of legal education and bar admissions. The ABA has developed and maintains the Standards for Approval of Law Schools by which law schools are judged. These standards are founded primarily on the fact that law schools are the gateway to the legal profession. The ABA Standards for Approval are minimum requirements designed, developed, and implemented for the purpose of advancing the basic goal of providing a sound program of legal education that will prepare students to practice law in the United States. The graduates of ABA-approved law schools can become members of the bar in all United States jurisdictions, representing all 2 KOSOVO BAR AND LEGAL EDUCATION ROUNDTABLE ESTABLISHING RELATIONS & ACTIVITIES BETWEEN KOSOVO’S BAR AND LEGAL EDUCATION PROVIDERS PRISTINA, KOSOVO Remarks Michael S. Greco, Past President of the American Bar Association June 2008 members of the public in important interests. Therefore, an ABA-approved law school must provide an opportunity for its students to study in a diverse educational environment, and in order to protect the interests of the public, the law students, and the profession, the law school must provide an educational program that ensures that its graduates: (1) understand their ethical responsibilities as representatives of clients, officers of the courts, and public citizens who are responsible for the quality and availability of justice; (2) receive basic education through a curriculum that develops: (a) an understanding of the theory, role and ramifications of the law and its institutions; (b) skills of legal analysis, reasoning, and problem solving; oral and written communication; legal research; and other fundamental skills necessary to participate effectively in the legal profession; (c) an understanding of the basic principles of public and private law; and (3) understand that the law is a noble and ethical profession that requires its members to provide pro bono legal services to persons who are unable to pay for them. 3 KOSOVO BAR AND LEGAL EDUCATION ROUNDTABLE ESTABLISHING RELATIONS & ACTIVITIES BETWEEN KOSOVO’S BAR AND LEGAL EDUCATION PROVIDERS PRISTINA, KOSOVO Remarks Michael S. Greco, Past President of the American Bar Association June 2008 The Importance of Diversity in the Legal Profession The subject of diversity and strengthening the ABA’s commitment to improving minority representation in the profession is never far from our thoughts in legal education. Some statistics on minority and gender enrollment in US law schools: o Gender Enrollment Statistics: In 1947-1948, 96.7% of the total enrollment of US law students were men; 3.3% were women; In 2007-2008, 53.3% of the total enrollment of US law students were men; 46.7% were women. For nearly the past 25 years, women have made up at least 40% of the total enrollment of US law students. o Minority Enrollment Statistics: In 1971-1972, 6.1% of the total enrollment of US law students were ethnic minorities; In 2007-2008, 21.6% of the total enrollment of US law students were ethnic minorities; 4 KOSOVO BAR AND LEGAL EDUCATION ROUNDTABLE ESTABLISHING RELATIONS & ACTIVITIES BETWEEN KOSOVO’S BAR AND LEGAL EDUCATION PROVIDERS PRISTINA, KOSOVO Remarks Michael S. Greco, Past President of the American Bar Association June 2008 For the past 10 years, ethnic minorities have comprised about 20% of the total enrollment of US law students. The goal is to ensure that the next generation of our profession reflects the wide diversity of the people who comprise society; and that it is well prepared to provide the leaders and counselors that society needs. The objective is to exert all influences to build better working relationships among and between law schools, supreme courts, and bar admission authorities. The Kosovo Chamber of Advocates (KCA) is obligated to look firmly to its future and to the future of legal education in Kosovo. It is in the KCA’s best interest to assist the Univeristy of Pristina (UP) Law Faculty to develop the very best possible program for legal education. The UP Law Faculty ia also obligated to look firmly to its future in continuing to provide quality legal education to supply the needs of the people of Kosovo. It is in the best interest of both KCA and the UP Faculty of Law to provide the best educated and most qualified law students today who will become the practitioners, civil servants, government officials, and professors of the future. This is why today I encourage you, the leaders and representatives of the legal education profession and the members of the bar, to continue to work together to find ways to collaborate and assist each other in your efforts to improve legal education, and to mprove our profession. I strongly fecommend the creation of a 5 KOSOVO BAR AND LEGAL EDUCATION ROUNDTABLE ESTABLISHING RELATIONS & ACTIVITIES BETWEEN KOSOVO’S BAR AND LEGAL EDUCATION PROVIDERS PRISTINA, KOSOVO Remarks Michael S. Greco, Past President of the American Bar Association June 2008 Joint Working Group or Roundtable to address the legal education issues that we discuss this morning. The American Bar Association, and I personally, will continue to help your efforts in every way possible. 6 KOSOVO BAR AND LEGAL EDUCATION ROUNDTABLE ESTABLISHING RELATIONS & ACTIVITIES BETWEEN KOSOVO’S BAR AND LEGAL EDUCATION PROVIDERS PRISTINA, KOSOVO Remarks Michael S. Greco, Past President of the American Bar Association June 2008