Fewer and fewer fully qualified lawyers are being trained in Germany: Compared to 2000, 40% fewer trainees were hired nationwide in 2018. Accordingly, in 2001, 10,000 lawyers were qualified to become judges, compared to only 7,500 in 2017 [1]. While the supply of qualified lawyers is declining, demand is simultaneously increasing: At the federal level, according to a 2019 study by the German Judges’ Association, up to 41% of judges and public prosecutors are expected to retire by 2031 [2]. As a result, both professional associations of the state judiciary, such as the German Judges’ Association [3], and professional associations of the private legal profession, such as the Federal Bar Association (BRAK) [4], have been complaining about a dramatic shortage of young talent for several years.
While fewer and fewer lawyers are entering the legal traineeship, the number of law students steadily increased between 2007 and 2016 [5]. This comparison makes it clear: The gap in the number of young lawyers in Germany is largely due to the university part of the training. In line with this, a survey conducted by the German Bar Association (DAV) with almost 1,000 participants in 2020 found growing dissatisfaction among students and trainees [6].
The problems of university law studies are manifold: Around 70% of students take a non-university, fee-based refresher course in preparation for their intended final examination, the First State Examination in Law [7]. Thus, in the eyes of most students, studying law does not appear to adequately prepare them for the final legal examinations. Law studies also face problems of social equality [8]. Furthermore, 75% of the dropouts surveyed stated that a lack of practical relevance was one of the reasons for dropping out [9]. However, this very same factor has a motivating and identifying effect on the training [10]. Conversely, a lack of practical orientation could be seen as an argument for greater practical relevance. A survey conducted by the German Bar Association (DAV) also found this: “83% of all respondents also believe that the training should place greater emphasis on practical relevance and exchange with practitioners.” [11]
The student body’s desire for more practical relevance during their university studies is evident not only through surveys, but also through the actions of the students themselves. In addition to the high popularity of moot courts and the occasionally encountered Street Law/Know Your Rights initiatives, this is particularly evident in the area of clinical legal education.
Specifically, in 2008, German lawmakers legalized for the first time that non-lawyers could provide legal services free of charge. According to the explanatory memorandum to the law, the intention was to close gaps in the legal services landscape, such as those that exist in the area of immigration law [12]. In practical terms, this made legal advice provided by students possible for the first time in Germany. Since 2008, approximately 60 so-called law clinics have been established around law faculties, but only a minority of them (and this is where student initiative comes in) are institutionally affiliated with a university/law faculty [13]. In these law clinics, students provide free legal advice alongside their regular studies, thus constituting a “service learning” concept. While the educational policy discourse repeatedly focuses on large-scale reforms, many of which fail [14], students have created facts and advanced the process of innovation in legal didactics.
Against this background, we want to determine how law teachers perceive their own teaching practices and what role practice-oriented teaching methods play in this. Roughly speaking, our research project consists of comparing the student body’s desire for a stronger practical focus in university legal education with the perspective of the teachers. We see a great need for this, especially in Germany, because: “Germany is one of the few countries where university teachers are prohibited from working as lawyers part-time and hereby deriving practical relevance first-hand,” (translated from German by DDLitLab) says Prof. Dr. Kilian from the Soldan Institute in Cologne [15].
With our research, we want to contribute to ensuring that higher education policy considerations addressing the increased integration of practice-oriented teaching methods into university legal education are based on the broadest possible analysis of the actual circumstances. This should not only take into account the fact that students desire a stronger practical focus. A comprehensive assessment of relevant reform measures also includes considering the thoughts of educators as key didactic figures on this issue. [16]
Our personal motivation stems from our own involvement in the German Refugee Law Clinics movement. Here, we address the “access to justice” issue and, therefore, primarily cases in which people are denied fair access to the law. In the medium term, the access to justice problem will become significantly more acute if the problem of recruiting young lawyers cannot be resolved: An overburdened judiciary makes slow and imprecise decisions, and legal advice, as a scarce commodity, is becoming increasingly expensive. Therefore, we now want to assume responsibility through research and contribute to ensuring that reform efforts that attempt to solve the problem of recruiting young lawyers can rely on a differentiated decision-making basis.
References:
[1] „Juristen-Mangel in Deutschland: Zu wenige Richter und lange Justiz-Verfahren“ [2] „Gigantische Pensionierungs-Welle, kaum Nachwuchs: Richter warnt vor Justiz-Kollaps“ [3] „Justiz verliert 10.000 Richter und Staatsanwälte“ [4] „Juristenmangel in Deutschland: Richterinnen und Anwälte dringend gesucht“ [5] „Wie viele Jura-Studierende und -Absolventen gibt es in Deutschland?“ [6] „DAV kämpft für Nachwuchs: Forum Update Jurist*innenausbildung“ [7] Lueg in „Das Jurastudium – Elitär, überfordernd, reformbedürftig?“ [8] Heublein/Hutzsch/Kracke/Schneider in Die Ursachen des Studienabbruchs in den Studiengängen des Staatsexamens Jura, 2017, S. 34. [9] Ebd. S. 10. [10] Ebd., S. 90. [11] „Reformbedarf - Sind Jurastudium und Examen noch zeitgemäß?“ [12] Entwurf eines Gesetzes zur Neuregelung des Rechtsberatungsrechts; Drucksache 16/3655, 2006, S. 39. [13] Kilian/Wenzel in AnwBl 10/2017, S. 963-965. [14] „Was bisher nicht geschah (und warum)“ [15] „Zukunftsherausforderungen der Rechtswissenschaft als Professionswissenschaft“, S. 705. [16] Helmke/Schrader in Handwörterbuch Pädagogische Psychologie, 2010, S. 277.