When will Beth Kransberger learn to stop talking to the media? From 760 talk radio in San Diego, she first called the suit "bewildering" (seriously?) and then added this:
"We have always followed the system given to us by the ABA," she told News 8. "We have always reported accurately and as thoroughly as humanly possible."
Emphasis mine. Does she really want to argue that their employment numbers have been "as thorough[] as humanly possible?" I about died laughing when I read that. Really? (note: as far as I can tell, this page is not linked to their most current website; it makes one wonder why they're not advertising the '08 and '09 numbers anymore). Here is how they used to present their '09 numbers:


First, note the disclaimer at the top: the sample size is only 86%. So the "total employed" number should actually be given as 72.8% if it's any kind of fair representation (they can't seriously assume that respondents and non-respondents are equal, can they?). Otherwise, one might assume the 84% means 84% of the total student body. Same with the private practice figure, and one is only left to guess whether the missing 14% is factored into the "average salary" figures. I imagine not.
Second, note the conspicuous absence of any category labeled "non-law jobs." What is "business," exactly? Technically, all law firms are businesses. But in the context provided, "business" doesn't seem to be a catch-all to cover waiter gigs, but rather implies working as in-house counsel somewhere, which wouldn't be implausible to someone not familiar with the legal world. Given that "business" is between private practice and government and judicial clerkships, the logical assumption would be that "business" refers to corporate jobs requiring bar passage and not similar to, say, "continuing studies." But the ambiguity of the term itself reveals a major flaw.
Third, why are salaries not provided for academic, public interest, or clerkships? It seems incongruous to list them for the other categories, but not those. Maybe it just wasn't "humanly possible."
Oh, here we are: "Salary information is only provided below where at least five salaries were reported." Ah-ha.
New question:
Fourth, what was the response rate on the salary figures provided? If 36% of respondents in private practice didn't state how big their firm was, how many actually gave their salaries? With how many grains of salt should we take that 90k+ business salary? Did only 7 people respond? Because one could look at this and get the impression that TJLS is a hotbed for filling high-powered business positions in San Diego (and I suppose LA). Is that really the case, or is the data presented not as "thorough" as claimed? This is a major omission and one entirely in TJLS' hands.
Fifth, the use of the phrase "job offer" implies a professional job, something more than landing an hourly retail gig. Mentioning that an "offer" came before or after the bar suggests that the bar was a necessary part of the process.
Sixth, related to the first point, the percentages given seem to be percentages of the employed number and not percentages of the student body. The numbers between private practice and pursuing advanced degree add up to 100% if clerkships are omitted. That leaves the 11% as a percentage of the class as a whole (and one must wonder if "seeking employment" was an option for the employed). So we have a scale problem that's not readily apparent: employed sub-fields are presented as a percentages of a subset, while unemployed are presented as a sub-set of the whole. In other words, from the chart, it appears its twice as likely to wind up in "business" as it is to wind up "seeking employment." Au contraire.
All in all, here is a better presentation of what was known about the Class of 2009, dubious industry practices aside:
Known: 86%
Unknown: 14%
Known to be in private practice: 42.3% of class
Known to be working for the gov't: 6.4% of class
Known to be working in public interest: 5.0% of class
Known to have clerkships: 0.9% of class
Known to be working in academia: 0.9% of class
Known to be continuing studies: 3.0% of class
Known to be working in business: 15.9% of class
Known to be unemployed, seeking employment: 9.5% of class
The numbers wound up a little off (I assume the gap is "unemployed, not seeking"), but you get the general idea. Thorough presentation would clearly define the categories and provide a consistent baseline for the percentages that make the numbers comparable to each other. It would attempt to factor in non-respondents instead of trying to hide the very real possibility that they're overwhelmingly unemployed.
I recognize my presentation is different than the NALP method, and indeed a disclaimer at the top of the page tells us that TJLS' "annual employment statistics are compiled in accordance with the National Association for Law Placement's Employment Report and Salary Survey."
I guess prospective students are supposed to become mini-experts in statistics and look through the NALP's guidelines and realize its crucial flaws before relying on the numbers at all, even though TJLS was obviously doing "everything humanly possible" to report data accurately and thoroughly. I wonder if anyone in the administration ever questioned the use of the NALP standards as being too lax and open to number shaving.
And I hasten to note that the NALP also directs law schools to "establish and implement practices to ensure the fair and accurate representation of students and the institution in the employment search process." I have to think that includes charts as these, even though they're directed at 0Ls.
Truth is, instead of questioning the simpleton NALP rules, they were probably too busy trying to figure out to best soften the data. You can't tell me the placement of "business" and the lack of a non-law category is just a happy accident. They, and most schools, probably had a meeting long ago to decide just how to present people they wanted to call "employed" but they couldn't put in the private practice or government or the other categories.
To claim compliance with NALP is one thing. To claim that you "have always reported accurately and as thoroughly as humanly possible" is a whole new level of audaciousness.
Speaking of audaciousness, check out these quotes from a San Diego "career counselor":
"Even if they keep totally valid statistics, that doesn't say anything about what's going to happen to you personally," said career counselor Judy Kaplan Baron.And what if the school is purposely obfuscating the view when one's eyes ARE open? And why does it matter what eventually happens to one person four years later when the allegedly-fraudulent transaction occurs well before the result is known?
Kaplan Baron added that schools are in the business of educating, not finding its graduates work.
"It is the responsibility of the person who is paying so much for an education to figure out what they're going to be able to do with it," Kaplan Baron told News 8. "That is going in with your eyes open: I guess it's a very expensive life lesson."
The issue here is inducement. The school doesn't have to do anything to find its graduates work. That isn't the issue. The problem is that the school open advertises solid employment and good salaries for its graduates. Once it does that, it has a duty to be honest if individuals only buy the education with reliance on those numbers.
I reiterate: if this takes place in any other industry, we have no problem enforcing class-based consumer protections and placing the responsibility on the company to have truthful advertising and avoid misrepresentations to consumers. Auto, cigarettes, real estate, foodstuffs, furniture, you name it, even intangible goods and services. Almost always, we place the most stringent burden on the company for a variety of reasons. But you cross over into buying and selling educations and suddenly it's back to caveat emptor.
"Very expensive life lesson," my butt. How about we actually provide consumer protection befitting the scale of the investment and the collective action problems, as we have with real estate, securities, automobiles, and every other product that may cost someone six figures.


