Monday, September 14, 2020
Bahadur: Attrition And Bar Performance
TaxProf Blog op-ed: Attrition and Bar Performance, by Rory Bahadur (Washburn):
Recently I was made aware of an incredibly well researched article by Jeffrey Kinsler [The Best Law Schools for Passing the Bar Exam]. The article predicted bar outcomes based on incoming credentials and listed the 15 schools that overperformed their incoming credentials the most and the fifteen schools that underperformed the most on the bar based on incoming credentials.
The article identified the 15 top overperforming schools as
Rank |
The Top 15 Law Schools for Bar Passage |
1 |
Belmont |
2 |
Florida International |
3 |
Liberty |
4 |
Campbell |
5 |
Texas A&M |
6 |
Duquesne |
7 |
LSU |
8 |
Georgia State |
9 |
Texas Tech |
10 |
New Hampshire |
11 |
Regent |
12 |
South Carolina |
13 |
Seton Hall |
14 |
Cleveland State |
15 |
Oklahoma |
And it identified the 15 most underperforming schools as
Rank |
The Bottom 15 Law Schools for Bar Passage |
173 |
Touro |
174 |
Minnesota |
175 |
Northwestern |
176 |
John Marshall (Atlanta) |
177 |
New York Law School |
178 |
UC-Hastings |
179 |
Emory |
180 |
Thomas Cooley |
181 |
SUNY-Buffalo |
182 |
American |
183 |
Hofstra |
184 |
Southwestern |
185 |
Golden Gate |
186 |
District of Columbia |
187 |
San Francisco |
The article suggests reasons for why these schools fall where they do but I thought it would be interesting based on my current research in this area to compare 1L attrition rates for these schools. I very quickly used two on-line sources for the comparison. I used this site to ascertain 1L attrition rates for law schools and this site to ascertain the seven-year average national 1L attrition rates for schools in different LSAT ranges. The findings are laid out in the following tables that are modified from the article by Kinsler.
For the top 15 schools the data looks like this and it indicates the average 1L attrition rate for these schools is almost twice as high as the national average rate of 1L attrition for schools with similar LSAT entering credentials.
Rank |
The Top 15 Law Schools for Bar Passage |
1L Attrition Rate (%) |
Median LSAT Band |
7 Year Average 1L Attrition for Schools in Same LSAT Band(%) |
1 |
Belmont |
9.82 |
155-159 |
4.8 |
2 |
Florida Int'l |
16.11 |
155-159 |
4.8 |
3 |
Liberty |
20.55 |
150-154 |
9.0 |
4 |
Campbell |
11.8 |
150-154 |
9.0 |
5 |
Texas A&M |
9.42 |
155-159 |
4.8 |
6 |
Duquesne |
10.81 |
155-159 |
4.8 |
7 |
LSU |
5.59 |
155-159 |
4.8 |
8 |
Georgia State |
11.05 |
155-159 |
4.8 |
9 |
Texas Tech |
12.95 |
155-159 |
4.8 |
10 |
New Hampshire |
8.11 |
155-159 |
4.8 |
11 |
Regent |
12.9 |
150-154 |
9.0 |
12 |
South Carolina |
4.65 |
155-159 |
4.8 |
13 |
Seton Hall |
8.12 |
155-159 |
4.8 |
14 |
Cleveland State |
8.33 |
150-154 |
9.0 |
15 |
Oklahoma |
2.52 |
155-159 |
4.8 |
Average 1L Attrition % Compared To National Average |
10.28 |
|
5.9 |
For the bottom 15 schools for bar passage the data is as follows:
Rank |
The Bottom 15 Law Schools for Bar Passage |
1L Attrition Rate (%) |
Median LSAT Band |
7 Year Average 1L Attrition for Schools in Same LSAT Band (%) |
173 |
Touro |
14.69 |
<150 |
14.8 |
174 |
Minnesota |
1.53 |
160 + |
2.0 |
175 |
Northwestern |
0 |
160 + |
2.0 |
176 |
John Marshall (Atlanta) |
19.44 |
< 150 |
14.8 |
177 |
New York Law School |
13.26 |
150-154 |
9.0 |
178 |
UC-Hastings |
3.99 |
155-159 |
4.8 |
179 |
Emory |
2.1 |
160 + |
2.0 |
180 |
Thomas Cooley |
13.97 |
<150 |
14.8 |
181 |
SUNY-Buffalo |
2.78 |
150-154 |
9.0 |
182 |
American |
.72 |
155-159 |
4.8 |
183 |
Hofstra |
6.8 |
150-154 |
9.0 |
184 |
Southwestern |
17.27 |
150-154 |
9.0 |
185 |
Golden Gate |
15.05 |
150-154 |
9.0 |
186 |
District of Columbia |
11.83 |
<150 |
14.8 |
187 |
San Francisco |
23.78 |
150-154 |
9.0 |
Average 1L Attrition % Compared to National Average |
9.81 |
|
8.59 |
For the lower performing schools identified by Kinsler the 1L average attrition rate was very similar to the national 1L average attrition rate. In fact, in 9 out of the 15 schools the 1L attrition rate was lower than the national average for schools in similar LSAT bands. Those schools are identified in yellow in the table above.
Just today, a colleague at another school agreed to help with a more detailed and accurate empirical study on these data and a large well-funded entity with a trove of statisticians today agreed to lend us a helping hand.
The aim will be to scour the actual ABA 509 forms rather than on-line sources and compare not just attrition rates to bar passage performance but to specifically compare academic attrition rates at these law schools to their relative over or under performance on bar passage performance.
As soon as the research is complete, we will share the data.
https://taxprof.typepad.com/taxprof_blog/2020/09/bahadur-attrition-and-bar-performance.html
Let's be really clear that the author is not saying that bar prep programs are ineffective. All he's reiterating is the fairly unremarkable reality that if a law school fails out more students, it is failing out the students most likely to fail the bar because of the established correlation between law school GPA and bar passage. So I'd like to know if anyone is seriously suggesting that high attrition does not improve bar passage and should be ignored when looking at a school's performance on the bar exam.
Posted by: BarObserver25 | Sep 14, 2020 12:49:41 PM