Introduction

The only thing constant in life is change.1The past century alone has seen tremendous changes in the lives of human beings due to technological changes, which have also impacted the practice of law in continuingly rippling ways.2And the only thing that most future-oriented scholars seem to agree upon is that even more changes are coming soon.3

Thus, it is highly likely that our current and future law students will experience drastic changes in their lives and careers, often due to forces beyond their control. Yet many law school curriculums still focus on the law as it exists in the moment, and deemphasize that the law, the practice of law, and possibly even society as a whole will change in the decades to come.

This article proposes a shift in perspective in legal education, which hopefully will result in an increase in recognizing flexibility and resilience as valuable characteristics for future lawyers.4Whether future changes generate from climate change, evolving technologies, changing societal norms, client expectations, or all of the above,5Law students will need to understand that adapting rapidly is a valuable skill for law and leadership, and cultivating flexibility while practicing resilience in times of inevitable stress are essential legal skills.

In addition to continuing technological advancements,6current and future law students will also face drastic environmental changes,7calls for large-scale reforms to the bench and the bar from the public,8economic shifts, and unprecedented societal challenges.9This environment of rapid and inevitable change will require future lawyers to continually review and renew their skills throughout their careers in order to keep up.10

Changing technologies, business models, and client needs will require modern law students and lawyers to have increased flexibility and the ability to evolve. This means that whatever knowledge and skills new lawyers learn in their first few years of practice will need to be constantly reshaped and resharpened if they are going to survive and thrive throughout their legal careers.

Legal academia has seen a growing call for “increasing resilience” in law students,11but that discussion is usually had in the context of personal identity and mental health.12The larger pedagogy of law schools has yet to fully embrace the idea that expecting change is a professional skill, but in the future it will be vital that all professors teach students to expect change and to cultivate flexibility and resilience. Law schools have the opportunity to subtly shift the way students relate to the law by broadening the approach to encouraging flexibility and resilience. This in turn has real potential to increase future student success,13and increase the longevity of law schools in these evolving times as well.

Here is a list of potential starting points and practical suggestions for law professors, legal education professionals, and administrators who are contemplating how to best increase resilience in the profession starting in law school by helping equip law students for the challenges of the future.

The call for increased assessments in law school pedagogy is not a new one,14and will likely become inevitable as more states adopt the new NextGen Bar Examination.15Fortunately, changing curriculum approaches to help students succeed on the new bar examination can also be an opportunity to weave in assessments of critical-thinking skills, problem-solving abilities,16and a willingness to embrace new challenges. The good news is that law schools do not have to figure this out alone: there is already extensive research on ways schools can evolve to increase their students’ readiness for unpredictable challenges and critical thinking skills.17

Developing robust decision-making capabilities for high-stakes environments with imperfect information will be vital to the success of lawyers in the coming decades. The future holds no shortage of difficult judgment calls on complex issues at the intersection of law, technology, the environment, and human rights. When law schools commit to adapting their pedagogical approaches and assessment methods to meet the call of the NextGen Bar Exam, they will hopefully also be increasing their students’ adaptability skills as well.

The challenges facing legal education are complex and multifaceted and cannot be solved by small task forces or siloed curriculum committees. Keeping up with constantly evolving bar rules, business trends, technological developments, and unpredictable future needs is more than what current faculties are equipped for, and a massive challenge in already challenging times. Future success will require higher levels of understanding of evolving technology, business economics, political forecasting, and pedagogical techniques than any one law professor or small faculty group can achieve alone.

An interdisciplinary approach that pulls in more voices will not only increase confidence in decisions but also increase chances of success. Also, legal academia is not the only place in higher education to face these challenges, and the law schools who adapt an early willingness to learn from their interdisciplinary peers will likely be the law schools who continue to thrive in the future.

Building law student resilience does not mean that law schools must train students to practice complete self-reliance. Research indicates the opposite: increased resilience is easier in communal environments with strong social support.18The traditional approach to ethics in law school has tended to encourage students to operate in silos, something that must be rapidly unlearned when they enter the practice of law.19While the curved nature of law school assessments means that every course must have a heavily-weighted individual assessment component, finding more ways to incorporate partnered and grouped exercises will help students understand that individual success can be enhanced with group collaboration in a rapidly changing world. By fostering a collaborative mindset early in the careers of future lawyers, law schools can help prepare students to tackle the interconnected challenges of the future with increased creativity, innovation, and confidence.

Modern law students crave certainty,20which is unfortunately in scarce supply as individuals and institutions prepare to face the challenges of the coming century. In addition, most law students (and most law professors) have traditionally preferred the well-worn path of least resistance towards a destination bestowed with honors indicating inevitable success.21Unfortunately, the twin tornadoes of generative AI and climate change mean that many well-worn paths of certainty and stability have been taken over by the raging wildfires of societal change. So when law students come to administrators with inevitable complaints about new teaching ways, law schools will need to resist the temptation to offer false reassurances. Instead law school communities can embrace the opportunity to practice what they preach and remind students they are preparing them for the volatility of the future by teaching them to approach inevitable challenges with adaptability and resilience.

Resistance to the idea of embracing a tolerance of uncertainty will likely come from some law professors and traditional administrators as well. Many scholars have commented on the reputation of law schools and law professors as being infamously resistant to change.22Professors who are comfortable with their current teaching methods, and confident in their ability to replicate past successes in the current environment,23have traditionally pushed back against calls for improvement.24

As technology advancements, environmental crises, and economic shifts reshape the legal landscape, law professors also have an opportunity to help law students consider the ethical implications related to the future practice of law. The American Bar Association is already encouraging law schools to foster discussions about bias and societal challenges,25and law professors can reinforce overall societal resilience by embracing change as an opportunity to challenge students to consider how cultural change cultivates the growth of tough issues. It is well-documented that many of today’s law students will go on to become tomorrow’s leaders of society.26By teaching students that changes are not just challenges but instead opportunities, law professors can plant early seeds to help prepare law students to navigate the complexities of the future with resilience, integrity, and compassion.

By adopting an approach that encourages students to develop flexibility and resilience in an ever-changing legal landscape, law schools can help their students succeed in an uncertain future. And with a focus towards fostering flexible and resilient legal and local communities in addition to singular self-reliance, law schools can help educate future lawyers and leaders who can help society survive and even thrive in the decades ahead.

*AssistantProfessor, Mercer University School of Law. She would like tothank the members of the Balance and Well-Being Section of the Association of AmericanLaw Schools (AALS) for their encouragement and feedback, particularly ProfessorKendall Karew of Georgia State University’s College of Law.