PROJECTING THE NEED FOR LEGAL EDUCATION IN TEXAS October 2002 Texas Higher Education Coordinating Board This report is available on the Coordinating Board website at http//www.thecb.state.tx.us/uhri/profschools.htm.
Texas Higher Education Coordinating Board Pamela P. Willeford (Chair) Martin Basaldua, M.D (Vice Chair) Raul B. Fernandez (Secretary of the Board) Neal W. Adams Ricardo G. Cigarroa, M.D. Gen. Marc Cisneros (ret.) Kevin P. Eltife Jerry Farrington Cathy Obriotti Green Gerry Griffin Cary Hobbs Adair Margo Lorraine Perryman Curtis E. Ransom Hector de J. Ruiz, Ph.D. Robert W. Shepard Windy Sitton Terdema L. Ussery II Austin Kingwood San Antonio Bedford Laredo Corpus Christi Tyler Dallas San Antonio Hunt Waco El Paso Odessa Dallas Austin Harlingen Lubbock Dallas The Texas Higher Education Coordinating Board does not discriminate on the basis of race, color, national origin, gender, religion, age or disability in employment or the provision of services.
Page 3 Table of Contents Introduction............................................................ 4 I. Demographic Trends in Legal Education The Nation and Texas......... 6 A. Gender B. Ethnicity C. Number of law graduates D. Location of existing law schools II. The Availability of Lawyers in Texas................................ 12 A. Statewide B. Regional C. Pathway to lawyer supply III. Opportunity for Texas Students to Obtain Legal Education.............. 19 A. Over time B. Compared to other states C. Variances by region in Texas D. Financial issues IV. Summary of Findings and Conclusions and Recommendations........... 33 A. Service findings B. Opportunity findings C. Conclusions and recommendations Appendices......................................................... 36
Page 4 Introduction Projecting the Need for is the second report issued by the Coordinating Board that provides information and recommendations regarding the state s approach to educating its citizens to enter professional fields. The Board adopted the first report, which addressed medical education, in July 2002. Issues and questions parallel to those for medical education arise here: How many lawyers does the state need? Are some parts of the state in greater need of legal services than other regions? If increases are needed, how many lawyers should come from outside the state and how many more should the state educate within its borders? If the state educates more lawyers, should it do so by increasing the class size of some or all of its existing law schools or should it create a new law school? Is there appropriate opportunity for Texas baccalaureate graduates to attend law school, now and in the foreseeable future? Do residents of all regions of the state have opportunities to attend law schools? Additional questions and challenges arise that are specific to legal education and services. For example, estimating the number of lawyers that Texas will need to serve its increasing population is especially difficult because of a lack of a recognized or recommended (government or professional) standard for the desired ratio of lawyers per population. The U.S. government provides a recommended minimum number of physicians per population ratio to serve the medical needs of a community, but provides no such ratio for lawyers. This is partly because the need and demand for legal services is not correlated to population alone, but to additional factors such as level of economic activity in the community. While this report includes cross-state comparisons of lawyers per population (and other relevant comparisons), these measures are not alone sufficient to determine optimal or minimal needs for legal services in the state. In other words, we can say that we have more or less, but we have difficulty saying whether we have too few, enough, or too many. Another issue specific to legal education is the percent of law graduates who do not practice in the field. While the vast majority of people who obtain medical degrees practice medicine, many individuals who receive law degrees do not practice law after graduation. Some law graduates never intend to practice, some take jobs outside the law field, and some fail to pass state bar exams. These and other factors account for about 25 percent of law school graduates. Anecdotal evidence suggests that law graduates are attractive to many employers outside the law profession because of the knowledge and skills that the graduates bring with them. This trend (seen historically in all states for many years), must be considered when examining the need and supply of potential lawyers coming directly from law school. The mix of public versus independent professional schools is also considerably different for law schools. While Texas has only one independent medical school (and seven public), it has five independent law schools (and four public). For some students, an independent law school may be geographically accessible but financially difficult (or prohibitive). Although all independent Texas law schools provide financial aid to students who qualify, the prospect of repaying large loans after graduation may deter some students from seeking admission to independent law schools.
Page 5 This report addresses these and other issues by applying the Methodology for Projecting the Need for Professional Education in Texas, adopted by the Coordinating Board in April 2002 (see Appendix A-68). While the Methodology principally projects the need for professional education on the basis of the need for services and the opportunity for students to become professional practitioners of a particular field, the Board does not presume that those are the only factors on which a decision to create a new professional school should be based. The Board acknowledges that other factors such as costs and benefits, examination of various approaches, effects on existing schools, and the state s priorities, needs, and financial capabilities should be considered at the time a decision is made.
Page 6 I. Demographic Trends in Legal Education The Nation and Texas A. Gender More women are earning law degrees. J.D. (Doctor of Jurisprudence) Degrees Conferred by U.S. Law Schools* by Gender Total #: 36,385 38,800 39,425 40,213 39,710 39,191 39,920 40,114 39,455 39,071 38,157 37,909 100% 90% 80% 70% Percentage of Degrees 60% 50% 40% 57.8% 42.2% 57.3% 42.7% 57.3% 42.7% 57.6% 42.4% 57.2% 42.8% 57.3% 42.7% 56.5% 43.5% 56.2% 43.8% 55.2% 44.8% 55.2% 44.8% 53.6% 46.4% 52.5% 47.5% 30% 20% 10% 0% 1989-90 1990-91 1991-92 1992-93 1993-94 1994-95 1995-96 1996-97 1997-98 1998-99 1999-00 2000-01 Academic Year Males Females Source: The American Bar Association THECB 9/2002 J.D. Degrees Conferred by All Texas Law Schools* by Gender Total #: 2,146 2,344 2,254 2,296 2,359 2,166 2,198 100% 90% 80% 70% Percentage of Degrees 60% 50% 40% 30% 58.2% 41.8% 59.1% 40.9% 59.6% 40.2% 57.6% 42.4% 56.3% 43.7% 55.8% 44.2% 55.9% 44.1% 20% 10% 0% 1994-95 1995-96** 1996-97 1997-98 1998-99 1999-00 2000-01 Academic Year Males Females * Throughout this report, "U.S. law schools" and "Texas law schools" refer to schools approved (accredited) by American Bar Association. **Beginning in 1995-96, data include degrees conferred by Texas Wesleyan University School of Law. THECB 9/2002 Sources: 1) Public: Texas Higher Education Coordinating Board; Institutions; 2) Independent: National Center for Education Statistics; Institutions Enlarged versions of these charts found in Appendix A-5 and A-8.
Page 7 B. Ethnicity 1. Black and Hispanic populations are proportionally under-represented in law schools. 100% Comparison of U.S. Population and J.D. Degrees Conferred by U.S. Law Schools by Ethnicity (37,909 J.D. Degrees Conferred in U.S. in 2001) 90% 80% 80.4% 70% 69.1% Percentage 60% 50% 40% 30% 20% 10% 12.3% 12.5% 7.0% 5.4% 6.5% 3.7% 0% White Black Hispanic Asian/Pac.Is. Ethnicity U.S. Population (2000) J.D. Degrees Conferred in U.S. (2001) Sources: 1) Population: U.S. Census Bureau, 2000; 2) Degrees: The American Bar Association THECB 9/2002 100% Comparison of Texas Population and J.D. Degrees Conferred by Texas Law Schools by Ethnicity (2,198 J.D. Degrees Conferred in Texas in 2001) 90% 80% 70% 72.2% 60% Percentage 50% 40% 52.4% 32.0% 30% 20% 11.5% 12.5% 10% 6.6% 2.8% 4.8% 0% White Black Hispanic Asian/Pac.Is. Ethnicity Texas Population (2000) J.D. Degrees Conferred in Texas (2001) Sources: 1) Pop: U.S. Census Bureau, 2000; 2) Degrees: Texas Higher Education Coordinating Board; National Center for Education Statistics; Institutions 9/2002 Enlarged versions of these charts found in Appendix A-15 and A-16.
Page 8 2. Minority representation among graduates of U.S. law schools has remained relatively low during the last 12 years. J.D. Degrees Conferred by U.S. Law Schools by Ethnicity Total #: 36,385 38,800 39,425 40,213 39,710 39,191 39,920 40,114 39,455 39,071 38,157 37,909 100% 90% 80% 88.7% 88.2% 87.4% 86.0% 84.6% 82.6% 82.1% 81.0% 80.4% 80.7% 80.6% 80.4% 70% Percentage of Degrees 60% 50% 40% 30% 20% 10% 0% 4.8% 5.0% 5.2% 5.6% 3.7% 3.6% 3.8% 4.1% 2.5% 2.8% 3.2% 3.8% 5.9% 6.9% 7.0% 6.9% 7.5% 6.7% 6.8% 7.0% 6.3% 5.9% 5.3% 6.4% 6.5% 4.5% 5.1% 5.3% 5.0% 5.4% 5.4% 5.5% 5.4% 4.4% 4.8% 6.1% 1989-90 1990-91 1991-92 1992-93 1993-94 1994-95 1995-96 1996-97 1997-98 1998-99 1999-00 2000-01 Academic Year White Black Hispanic Asian/Pac.Is. Source: The American Bar Association THECB 9/2002 Enlarged version of this chart found in Appendix A-9.
Page 9 3. Texas public law schools have shown greater increases in minority students than U.S. law schools and Texas independent law schools. J.D. Degrees Conferred by Texas Public Law Schools by Ethnicity Total #: 1,136 1,219 1,203 1,251 1,187 1,136 1,090 1,234 1,157 1,146 1,058 1,153 100% 90% 80% 70% 84.9% 80.7% 78.1% 74.9% 72.5% 72.5% 73.0% 72.5% 67.9% 68.5% 70.6% 66.3% Percentage of Degrees 60% 50% 40% 30% 20% 10% 0% 12.2% 12.3% 10.3% 11.8% 11.3% 12.1% 11.6% 10.9% 12.4% 11.6% 9.0% 7.4% 12.4% 9.2% 9.8% 9.9% 11.4% 9.4% 9.6% 12.0% 7.5% 10.5% 9.5% 5.0% 1.2% 1.1% 1.2% 1.8% 3.9% 5.8% 3.0% 4.8% 4.7% 4.9% 5.3% 5.9% 1989-90 1990-91 1991-92 1992-93 1993-94 1994-95 1995-96 1996-97 1997-98 1998-99 1999-00 2000-01 Academic Year White Black Hispanic Asian/Pac.Is. Sources: Texas Higher Education Coordinating Board; Institutions. THECB 9/2002 J.D. Degrees Conferred by Texas Independent Law Schools by Ethnicity Total #: 963 1,010 1,254 1,020 1,139 1,213 1,108 1,045 100% 90% 80% 83.4% 81.7% 76.6% 76.9% 78.3% 79.5% 77.1% 78.7% Percentage of Degrees 70% 60% 50% 40% 30% 20% 10% 0% 13.5% 12.0% 11.6% 13.3% 10.9% 11.6% 10.1% 8.5% 3.0% 5.4% 3.9% 5.1% 5.3% 4.2% 4.1% 3.6% 2.6% 3.6% 3.5% 4.7% 3.7% 3.0% 3.3% 3.3% 1993-94 1994-95 1995-96* 1996-97 1997-98 1998-99 1999-00 2000-01 Academic Year White Black Hispanic Asian/Pac.Is. *Beginning in 1995-96, data include degrees conferred by Texas Wesleyan University School of Law. Sources: National Center for Education Statistics; Institutions. THECB 9/2002 Enlarged versions of these charts found in Appendix A-10 and A-11.
Page 10 J.D. Degrees Conferred by All Texas Law Schools by Ethnicity Total #: 2,150 2,146 2,344 2,254 2,296 2,359 2,166 2,198 100% 90% 80% 77.4% 76.8% 75.0% 74.5% 73.1% 74.1% 73.9% 72.2% 70% Percentage of Degrees 60% 50% 40% 30% 20% 12.5% 10.7% 11.8% 10.4% 11.2% 11.7% 11.8% 11.9% 10% 7.7% 8.8% 6.8% 6.5% 7.6% 8.1% 7.7% 6.6% 3.3% 4.1% 5.3% 4.2% 3.9% 4.7% 4.8% 4.1% 0% 1993-94 1994-95 1995-96* 1996-97 1997-98 1998-99 1999-00 2000-01 Academic Year White Black Hispanic Asian/Pac.Is. *Beginning in 1995-96, data include degrees conferred by Texas Wesleyan University School of Law. Sources: 1) Public: Texas Higher Education Coordinating Board; Institutions; 2) Independent: National Center for Education Statistics; Enlarged version of this chart found in Appendix A-12.
Page 11 C. Number of law graduates The increase in the number of Texas law school graduates has been relatively small since 1985. Population, Graduates, & Lawyers Law Graduates 8,000 7,000 6,000 5,000 4,000 3,000 Population (millions) 18.7 16.3 17.0 14.2 55,377 48,683 31,279 41,322 20.9 62,053 22.2 70,424 24.1 77,984 26.3 85,544 Lawyers 100,000 80,000 60,000 40,000 2,000 1,000 1,806 2,071 2,074 2,146 2,166 2,286 2,317 2,398 20,000 0 1980 1985 1990 1995 2000* 2005** 2010** 2015** Population Graduates Lawyers (Members of State Bar of Texas***) *Beginning in 2000, data include Texas Wesleyan University School of Law. **Projected. ***Generally, 95 percent of State Bar members are in active practice. Sources: 1) Population: U.S. Census Bureau; 2) Graduates: Texas Higher Education Coordinating Board; Institutions; 3) Lawyers: State Bar of Texas THECB 10/2002 Enlarged version of this chart found in Appendix A-35. D. Location of existing law schools Texas has four public law schools and five independent law schools. Seven of the law schools are in the Metroplex, Gulf Coast, and in Central Texas. Law Schools 0 Public Texas Southern Univ. (Houston) Texas Tech Univ. (Lubbock) University of Houston The University of Texas at Austin Independent Baylor University (Waco) St. Mary s University (San Antonio) South Texas College of Law (Houston) Southern Methodist Univ. (Dallas) Texas Wesleyan Univ. (Ft. Worth) Source: Texas Higher Education Coordinating Board Enlarged version of this map found in Appendix A-36. THECB 9/2002
Page 12 II. The Availability of Lawyers in Texas A. Statewide 1. Texas has fewer lawyers per 100,000 population (296) than the national average (360) and the average of the ten most populous states (393). Lawyers* Per 100,000 Population Ten Most Populous States (2000) 700 649 621 Lawyers per 100,000 Population 600 500 400 300 200 380 307 261 508 299 289 323 296 393 100 0 California Florida Georgia Illinois Michigan New Jersey New York Ten Most Populous States * Members of respective state bar associations. **Average represents lawyers per 100,000 population in the ten most populous states. Ohio Pennsylvania Texas Average** Sources: U.S. Census Bureau; American Bar Association THECB 9/2002 Enlarged version of this chart found in Appendix A-37.
Page 13 2. Texas has fewer lawyers per billion dollars in Gross State Product (83) than the national average (102) and the average of the ten most populous states (106). Lawyers Per Billion Dollars in Gross State Product (GSP) In Ten Most Populous States - 2000 160 150 147 140 135 Lawyers/Billion GSP 120 100 80 60 96 104 72 91 88 98 83 106 40 20 0 California Florida Georgia Illinois Michigan *Average of ten most populous states State Sources: U.S. Department of Commerce; American Bar Assocation New Jersey New York Ohio Pennsylvania Texas Average* THECB 9/2002 Enlarged version of this chart found in Appendix A-39.
Page 14 B. Regional 1. Lawyers are not evenly distributed among the Texas population. Some regions have markedly fewer lawyers per 100,000 population than others. Lawyers Per 100,000 Population 153 179 155 126 247 147 339 388 148 155 403 In 2000 Statewide Average: 296 per 100,000 10 Most Populous States: 393 per 100,000 National Average: 360 per 100,000 Sources: State Bar of Texas; American Bar Association Enlarged version of this map found in Appendix A-40. THECB 9/2002 2. Lawyers are not evenly distributed among the state s regions in the number of lawyers per billion dollars in aggregate personal income. (Aggregate Personal Income is highly correlated to Gross State Product as an index of business activity. Aggregate Personal Income is available on a county and regional basis; Gross State Product is not.) Lawyers Per Billion Dollars in Aggregate Personal Income 83 63 73 56 103 141 65 A-43 69 In 2000 Statewide Average: 106 per Billion 101 123 89 Sources: U.S. Department of Commerce, Texas Department of Economic Development, Texas Comptroller s Office, State Bar of Texas Enlarged version of this map found in Appendix A-43. THECB 9/2002
Page 15 C. Pathway to lawyer supply 1. The number of graduates of Texas law schools who passed the State Bar Exam in 2000 was greater than the number of lawyers leaving the State Bar that year. However, the number of graduates was much less than the number of new members of the State Bar; therefore, a number of new and practicing lawyers were imported from other states. Pathway to Lawyer Supply 2,166 students graduated from Texas law schools in 2000 2,457 graduates of Texas law schools took the State Bar Exam (including repeaters) in 2000 1,803 graduates of Texas law schools passed the State Bar Exam in 2000 Increase in number of lawyers in Texas from 2000 to 2001: 2,863 (Gains*) 1,186 (Losses**) = 1,677 * Gains include: 1) New lawyers from Texas and out-of-state. (Note: 1,840 law jobs in Texas were filled by graduates of the national law school class of 2000) 2) Practicing lawyers moving to Texas 3) Lawyers returning to practice from retirement **Losses include: 1) Retirees 2) Lawyers leaving the state 3) Deaths THECB 9/2002 Sources: Texas Higher Education Coordinating Board; Texas Board of Law Examiners; State Bar of Texas; National Association of Law Placement Enlarged version of this data found in Appendix A-44.
Page 16 2. Nevertheless, Texas educates most of its lawyers. Over 75 percent of lawyers in Texas graduated from a Texas law school. A significant number of gradates of Texas law schools located in large cities stay in the region to practice law. Law Schools Attended by Members of State Bar of Texas (2001) Law School Attended Percentage of State Bar Membership Baylor Univ. 7% St. Mary's Univ. 7% South Texas College of Law 11% Southern Methodist Univ. 9% Texas Southern Univ. 3% Texas Tech Univ. 6% Texas Wesleyan Univ.* 2% University of Houston 11% University of Texas at Austin 21% Subtotal: Texas Law Schools 77% Out-of-State Law School 23% *Texas Wesleyan University School of Law received provisional approval from the American Bar Association in 1994 and full approval in 1999. Source: State Bar of Texas THECB 9/2002 Enlarged version of this chart found in Appendix A-45.
Page 17 3. Texas keeps its law graduates. Of the graduates who practice law (within nine months of graduation), Texas has the highest percentage who stay in-state than any other state. Percent of Law School Graduates Staying in State to Practice Law* Ten Most Populous States (2000) 100% 94% 90% 80% 85% 86% 76% 75% 73% 79% 72% 75% 70% 63% 60% 50% 48% 40% 30% 20% 10% 0% California Florida Georgia Illinois Michigan New Jersey New York Ten Most Populous States Ohio Pennsylvania Texas Average** * Percent of the graduates of the class of 2000 who held a law job within nine months of graduation and stayed in state. ** Average percentage of the ten most populous states. Source: National Association of Law Placement THECB 9/2002 Enlarged versions of these charts found in Appendix A-46 and A-47. 4. Similar to other states, 75 percent of Texas law graduates (class of 2000) were employed in law jobs within nine months of graduation. Percent of Law School Graduates Employed in Law Jobs Anywhere in the U.S.* Ten Most Populous States (2000) 100% 90% 80% 72% 71% 84% 75% 76% 76% 79% 74% 82% 75% 76% 70% 60% 50% 40% 30% 20% 10% 0% California Florida Georgia Illinois Michigan New Jersey New York Ten Most Populous States Ohio Pennsylvania Texas Average** * Percent of the graduates of the class of 2000 who held a law job within nine months of graduation. ** Average percentage of the ten most populous states. Source: National Association of Law Placement
Page 18 5. Some law graduates do not practice law. The following reasons for this have remained relatively constant over time: a. Some choose another career path. b. Some do not pass the State Bar Exam.* Passing rates for the last reported (February 2002) Texas Bar Exam were: 70 percent first-time examinees from Texas law schools 55 percent overall pass rate Overall passing rate for the July 2001 exam was 79 percent. c. Some accept jobs not requiring a law degree. Nationally, 10.6 percent of law school graduates in 2000 accepted non-law jobs; in Texas, 9.6 percent accepted non-law jobs. d. Some enroll in advanced degree programs. Nationally, 2.1 percent of law school graduates in 2000 enrolled in advanced degree programs; in Texas, 1.5 percent enrolled in advanced degree programs. e. Some are unable to get law jobs. Sources: National Association of Law Placement; Texas Board of Law Examiners *See Appendix A-48 for recent passing rates for individual Texas law schools.
Page 19 III. Opportunity for Texas Students to Obtain Legal Education A. Over time With the exception of the mid-1990s (when Texas Wesleyan University School of Law was provisionally approved by the American Bar Association), the number of first-year law students in the last 15 years has remained relatively constant. However, the number of actual and projected number of baccalaureate graduates continues to rise. Applications 25,000 20,000 15,000 10,000 5,000 0 Baccalaureate Degrees, Law School Applications & First-Year Enrollments 2,010 Baccalaureate Degrees (thousands) 53 55 2,300 60 16,520 2,322 67 17,976 17,606 16,548 14,064 15,490 2,332 2,566 2,541 2,534 2,527 1980* 1985* 1990 1995 2000** 2005*** 2010*** 2015*** 1 St Year Enroll 10,000 9,000 8,000 7,000 6,000 5,000 4,000 3,000 2,000 1,000 Baccalaureates First-Year Enrollment**** Applications - duplicated *Totals are extrapolated because of missing data at some institutions. **Beginning in 2000, data include Texas Wesleyan University School of Law. ***Projected (The methodology used to project enrollments beyond 2000 accounted for the jump in total numbers due to first-time figures for Texas Wesleyan University in 1998.) ****All first enrollment data in this report are for fall semesters only. Sources: Texas Higher Education Coordinating Board; Institutions THECB 9/2002 74 78 84 90 0 Enlarged version of this chart found in Appendix A-52.
Page 20 1. The number of baccalaureate degrees awarded for each available law school seat in Texas is expected to increase. 40 Baccalaureate Degrees Awarded in Texas Per Entering Texas Law School Seat 36 Bacc. Degrees Awarded Per Opening 35 30 25 20 15 10 26 26 24 29 29 31 33 5 0 1980 1985 1990 1995 2000 2005* 2010* 2015* Year * Projected Sources: 1) Texas Higher Education Coordinating Board; 2) Independent Colleges & Universities of Texas, Inc.; 3) Institutions THECB 9/2002 Enlarged version of this chart found in Appendix A-53.
Page 21 2. With few exceptions, enrollments at each law school have remained relatively constant over the last eight years. (Combined enrollment at the four public law schools has been about the same as the combined enrollment of the five independent law schools.) 600 First-Year Entering Enrollment Trends in Texas Law Schools Number of First-Year Entering Enrollees 500 400 300 200 100 250 253 212 234 400 522 306 477 76 65 260 238 426 442 249 262 249 0 TSU TTU UH UT-Austin Baylor St. Mary's So. Tx. SMU Tx. Law Schools Wesleyan** 1993-94 2000-01 *Baylor Law School operates on the quarter system. These figures (and all first-year entering enrollment figures for Baylor in this report) are from the fall semester. Typically, the institution admits a similar number of new students in the subsequent quarter. **1993-94 data not available for Texas Wesleyan. The institution received provisional approval from the American Bar Association in 1994. Sources: Texas Higher Education Coordinating Board; Institutions Enlarged version of this chart found in Appendix A-54. Legend: TSU Texas Southern University TTU Texas Tech University UH University of Houston UT-Austin The University of Texas at Austin Baylor Baylor University St. Mary s St. Mary s University of San Antonio So. Tx. South Texas College of Law SMU Southern Methodist University Tx. Wesleyan Texas Wesleyan University
Page 22 3. The percentage of Texas public law schools degrees received by out-of-state residents has nearly doubled in the last 11 years. J.D. Degrees Conferred by Texas Public Law Schools by Residency Status Total #: 1,136 1,219 1,203 1,251 1,187 1,136 1,090 1,234 1,157 1,146 1,058 1,153 100% 90% 80% 87.2% 86.5% 87.7% 87.7% 84.4% 82.3% 83.5% 82.4% 80.8% 82.9% 82.0% 70% Percentage of Degrees 60% 50% 40% 30% 20% 10% 9.4% 12.6% 11.2% 11.1% 15.2% 17.2% 16.2% 17.3% 18.5% 16.5% 17.1% 0% 1990-91 1991-92 1992-93 1993-94 1994-95 1995-96 1996-97 1997-98 1998-99 1999-00 2000-01 Academic Year Texas Residents U.S. Out-of-State Residents Sources: Texas Higher Education Coordinating Board; Institutions. Enlarged version of this chart found in Appendix A-55.
Page 23 4. However, applications to Texas law schools have decreased over the last eight years, and offers of admission have increased. 20,000 18,000 17,663 Texas Law Schools -- Applications, Offers of Admission, & First-Year Entering Enrollment 17,976 16,000 14,000 16,830 14,368 13,074 13,608 14,064 14,931 12,000 Number 10,000 8,000 6,000 5,797 5,794 6,005 6,080 5,817 6,395 6,383 6,308 4,000 2,395 2,332 2,367 2,348 2,316 2,572 2,566 2,526 2,000 0 1993-94 1994-95 1995-96 1996-97 1997-98 1998-99 1999-00 2000-01 Academic Year Applications (Duplicated) Offers of Admission First-Year Entering Enrollment Sources: 1) Applications: Institutions; 2) Offers: Institutions; 3) First-Year Entering: Texas Higher Education Coordinating Board, Institutions THECB 9/2002 Enlarged version of this chart found in Appendix A-56.
Page 24 5. Also, a higher percentage of applicants are receiving offers of admission than eight years ago (from an average of 34 percent in 1993 to 47 percent in 2000). 100% Percentage of Applicants Who Received Offers of Admissions from Texas Law Schools (Offers of Admission/Applications) 90% Percentage of Applicants Receiving Offers 80% 70% 60% 50% 40% 30% 20% 10% 37% 47% 36% 49% 35% 30% 27% 24% 28% 36% 68% 65% 39% 39% 39% 38% 58% 0% TSU TTU UH UT-Austin Baylor St. Mary's So. Tx. SMU Tx. Wesleyan* Law Schools 1993-94 2000-01 * 1993-94 data not available for Texas Wesleyan. The institution received provisional approval from the American Bar Association in 1994. Sources: Institutions THECB 9/2002 Enlarged version of this chart found in Appendix A-57. Legend: TSU Texas Southern University TTU Texas Tech University UH University of Houston UT-Austin The University of Texas at Austin Baylor Baylor University St. Mary s St. Mary s University of San Antonio So. Tx. South Texas College of Law SMU Southern Methodist University Tx. Wesleyan Texas Wesleyan University
Page 25 B. Compared to other states Texas provides its citizens an average statewide opportunity to attend law school, compared to other states. Comparative Data for Law Schools for the Ten Most Populous States (2000 & 2001) State Population in Millions (2000) # Law Schools (Public & # Available Spaces in State's Law Schools (2000)* Percent of State Resident Applicants Who Entered Any US Law Average Entering Class Size # Bacc. Degrees Awarded per Entering Law School Slot (2000)** California 33.9 19 5,188 61% 273 23 Florida 16.0 7 2,039 51% 291 25 Georgia 8.2 4 797 48% 199 37 Illinois 12.4 9 2,094 56% 233 26 Michigan 9.9 5 1,710 60% 342 27 New Jersey 8.4 3 835 54% 278 32 New York 19.0 15 4,707 57% 314 20 Ohio 11.4 9 1,697 58% 189 29 Pennsylvania 12.3 7 1,656 57% 237 40 Texas 20.9 9 2,526 58% 281 29 * Number of available spaces in each state's law schools based on total number of law ** Bachelor's degrees include bachelor's degrees awarded by public and independent universities, health science centers, and proprietary institutions. Sources: 1) Population: U.S. Census Bureau, 2000; 2) Law Schools, Spaces: ABA-LSAC Official Guide to ABA- Approved Law Schools, 2002 Edition (Texas: Texas Higher Education Coordinating Board; Institutions); 3) Applicants, First-Year Law Students from State: Law School Admission Council; 4) Baccalaureate Degrees: U.S. Enlarged version of this chart found in Appendix A-63. THECB 9/2002
Page 26 1. Among the ten most populous states in 2000, Texas ranked near the middle in the number of baccalaureate degrees awarded per entering law school seat. A-64 - Baccalaureate Degrees Awarded Per Entering Law School Seat (2000) 70 60 Number of Bacc. Degrees per Space 50 40 30 20 10 23 25 37 26 27 32 20 29 40 29 0 California Florida Georgia Illinois Michigan New Jersey New York Ten Most Populous States Ohio Pennsylvania Texas Sources: 1) Spaces: ABA-LSAC Official Guide to ABA-Approved Law Schools, 2002 Edition (Texas: Texas Higher Education Coordinating Board, Institutions); 2) Baccalaureate Degrees: U.S. Department of Education THECB 9/2002 Enlarged version of this chart found in Appendix A-64.
Page 27 2. Texas average law school size in 2000 ranked near the middle among the ten most populous states. A-65 - Average Law School Entering Class Size (2000) 350 342 314 300 273 291 278 281 Average Entering Class Size 250 200 150 100 199 233 189 237 50 0 California Florida Georgia Illinois Michigan New Jersey New York Ten Most Populous States Ohio Pennsylvania Texas Sources: Law Schools, Spaces: ABA-LSAC Official Guide to ABA-Approved Law Schools, 2002 Edition (Texas: Texas Higher Education Coordinating Board; Institutions) THECB 9/2002 Enlarged version of this chart found in Appendix A-65.
Page 28 3. The percent of Texas applicants to U.S. law schools who entered law school in 2001 (58 percent) was near the average of the ten most populous states (56 percent). Percentage of State Resident Applicants Who Entered Any U.S. Law School (2001) 100% 90% 80% Percentage 70% 60% 50% 40% 61% 51% 48% 56% 60% 54% 57% 58% 57% 58% 30% 20% 10% 0% California Florida Georgia Illinois Michigan New Jersey New York Ten Most Populous States Ohio Pennsylvania Texas Source: Law School Admission Council THECB 9/2002 Enlarged version of this chart found in Appendix A-66.
Page 29 C. Variances by region in Texas Texans from the Metroplex and South Texas-South are under-represented in Texas public law schools. However, there are two independent law schools in the Metroplex that draw students from that area. Southern Methodist University School of Law reported 65 percent of its students were from the Metroplex region, and Texas Wesleyan University reported 75 percent of its students were from the region (in 2000). Comparison of Regional Population, Students from Region Earning Baccalaureate Degrees, and Students from Region* Enrolled in a Texas Public Law School (2000) 40% 35% 37.8% Percentage of Persons 30% 25% 20% 15% 10% 5% 3.7% 4.2% 4.6% 2.6% 2.3% 2.1% 26.3% 21.8% 16.1% 4.9% 4.2% 3.3% 3.6% 3.5% 2.7% 23.3% 22.6% 11.1% 10.2% 16.1% 2.5% 2.6% 2.3% 3.4% 3.4% 2.6% 10.3% 9.0% 7.2% 8.3% 8.4% 5.2% 0% High Pl NW Metro Up ET SE Gulf Central WT Up Rio *Self-reported by students; reliability Gr questionable. Region of Texas ST-N ST-S % of Total State Population % of Total Students Awarded Bacc. Degrees by Public Univ. % of Total Students Enrolled in TX Public Law Schools Sources: 1) Population: U.S. Census Bureau, 2000; 2) Baccalaureate Degrees: Texas Higher Education Coordinating Board, Independent Colleges and Universities of Texas, Inc.; 3) Enrollment: Texas Higher Education Coordinating Board THECB 9/2002 Enlarged version of this chart found in Appendix A-58. Legend: High Pl High Plains NW Northwest Metro Metroplex Up ET Upper East Texas SE - Southeast Texas Gulf Gulf Coast Central Central Texas WT- West Texas Up Rio Gr Upper Rio Grande ST-N South Texas-North ST-S South Texas-South
Page 30 D. Financial issues 1. Tuition costs at the independent law schools are considerably higher than the costs of the public law schools. There are also cost variances within the two types of law schools. $25,000 Tuition Cost at Each Texas Law School Per Year Full-Time Texas Residents (2000) $22,452 $20,000 $19,019 Tuition Cost per Year $15,000 $10,000 $6,973 $6,690 $7,682 $15,521 $16,860 $16,480 $5,000 $5,450 $0 TSU TTU UH UT-Austin Baylor Law Schools St. Mary's So. Tx SMU Tx. Wesleyan Source: ABA-LSAC Official Guide to ABA-Approved Law Schools, 2002 Edition THECB 9/2002 Enlarged version of this chart found in Appendix A-59. Legend: TSU Texas Southern University TTU Texas Tech University UH University of Houston UT-Austin The University of Texas at Austin Baylor Baylor University St. Mary s St. Mary s University of San Antonio So. Tx. South Texas College of Law SMU Southern Methodist University Tx. Wesleyan Texas Wesleyan University
Page 31 2. The percent of law students receiving grants or scholarships and the amount awarded vary considerably from institution to institution. 100% 90% Percentage of Full-Time Law Students in Texas Receiving Grants or Scholarships by Institution (2000) 90.1% 80% 71.7% Percentage of Students 70% 60% 50% 40% 64.2% 42.9% 39.7% 31.7% 56.6% 30% 20% 23.1% 14.7% 10% 0% TSU TTU UH UT-Austin Baylor Law Schools Source: ABA-LSAC Official Guide to ABA-Approved Law Schools, 2002 Edition; Institutions St. Mary's So. Tx. SMU Tx. Wesleyan THECB 9/2002 $9,000 Median Dollar Amount of Grants or Scholarships Received by Full-Time Texas Law Students by Institution (2000) $8,240 $8,000 $7,000 $6,000 $6,000 Median Grant Amount $5,000 $4,000 $3,000 $3,000 $2,489 $4,458 $4,860 $2,752 $2,149 $2,000 $1,500 $1,000 $0 TSU TTU UH UT-Austin Baylor St. Mary's So. Tx. SMU Tx. Wesleyan Law Schools Source: ABA-LSAC Official Guide to ABA-Approved Law Schools, 2002 Edition THECB 9/2002 Enlarged version of these charts found in Appendix A-60 and A-61.
Page 32 3. All law schools arrange loans for eligible students. Yearly loan amounts to students at the independent schools average $21,500 per student; annual loan amounts at public schools average $15,500 per student. (Source: Institutions.)
Page 33 IV. Summary of Findings and Conclusions and Recommendations A. Service findings 1. Texas has fewer lawyers per 100,000 population and per billion dollars in Gross State Product (GSP) than the national average and average of the ten most populous states. The Texas population and GSP are increasing; if the number of lawyers does not increase, these ratios will decrease. 2. Texas lawyers are not distributed evenly throughout the population. There are many areas of low population density served by few lawyers. In addition, the South Texas-South region is an area of very high population density served by significantly fewer lawyers per population than the statewide average. 3. Texas lawyers are not distributed evenly throughout the state with respect to level of business/economic activity. There are several regions of the state with significantly lower numbers of lawyers per billion dollars in aggregate personal income (a proxy for level of business activity) than the statewide average. 4. Over three-quarters of Texas lawyers were educated at Texas law schools. Of the recent Texas law school graduates who are practicing law, over 90 percent of them have remained in the state (the highest percentage in the U.S.). A significant number of law graduates of schools located in large cities stay in or near those cities to practice law. 5. Similar to other states, three-quarters of Texas law graduates are employed in law jobs within nine months of graduation. There are several reasons why the remaining 25 percent of law graduates do not become lawyers including: a) not passing the State Bar Exam and b) accepting jobs not requiring a law degree. 6. Recently, law positions filled in Texas each year by new U.S. and Texas law graduates have been nearly equal to the number of new graduates of Texas law schools passing the Texas State Bar Exam. B. Opportunity findings 1. With few exceptions, the number of students entering law schools in Texas has remained relatively constant over the last 15 years while the number of students attaining baccalaureate degrees in Texas is increasing. Also, the number and percent of out-of-state residents attending Texas law schools are increasing. However, these losses in opportunity for Texans to attend law school are offset by decreases in the number of applications to Texas law schools and higher percentages of applicants receiving offers of admission than in past years.
Page 34 2. Compared to the ten most populous states, Texas now offers its baccalaureate graduates on a statewide level about an average level of opportunity to attend law school, as indicated by: a) measures of baccalaureate degrees awarded per law school seat and b) the percent of applicants entering law schools. 3. Texans from the Metroplex and South Texas-South regions are underrepresented in Texas public law schools. However, there are two independent law schools in the Metroplex that draw students from that area. 4. Tuition costs at the Texas independent law schools are considerably higher than the costs of the state s public law schools. All law schools provide students with grants, scholarships, and loans of various amounts. C. Conclusions and recommendations 1. While Texas has significantly fewer lawyers per population and per GSP than many other states, it is difficult to apply these factors alone to assert that Texas currently has a shortage of lawyers. In addition, the supply of new lawyers (as suggested by the number of Texas law graduates passing the State Bar Exam) is approximately equal to the number of jobs filled in Texas by new law graduates (perhaps a measure of demand for new lawyers). And Texas is able to maintain a State Bar membership made up of over 75 percent of its in-state law school graduates. However, the evidence does raise two potentially serious issues of concern: a. Lawyers are not distributed evenly throughout Texas, possibly leaving citizens of some regions with less access to needed services; and b. Residents of some areas of the state are under-represented in the state s law schools. 2. If the state wants to increase the lawyer supply, it could do so by: a. Providing for moderate increases in enrollment at the states smaller public law schools; and b. Promoting improved retention and success at law schools with higher attrition rates and/or lower passing rates on the State Bar Exam. 3. These efforts alone would not, however, significantly address the uneven distribution of lawyers and the populations under-represented in law schools. Therefore, the state should:
Page 35 a. Consider funding education loan repayment programs for lawyers practicing in underserved areas; and b. Establish programs that increase recruitment and enrollment of law students from under-represented groups and areas. The availability of lawyers in underserved areas and the underrepresentation of Hispanics and African-Americans in the state s law schools and among its attorneys are critical issues for Texas. The Coordinating Board will continue to examine these issues and forward additional findings and recommendations to the Legislature. 4. Given the lack of definitive evidence that there is a statewide lawyer shortage and given that Texas baccalaureate graduates (on a statewide basis) have about the same opportunity to attend law school as baccalaureate graduates of other states, there is not a compelling reason to recommend that the state establish a new law school in the immediate future. However, the state should carefully monitor important service and opportunity measures identified in this report (both statewide and regional) as the population and baccalaureate graduates increase in the coming years. The creation of a new law school should be considered when suggested by significant changes in these measures.
Page 36 Appendices I. Law Schools U.S. and Texas A. Applications, Offers, Enrollments, Degrees A-1 Application Trends in Texas Law Schools A-2 Offers of Admission of Trends in Texas Law Schools A-3 Total Enrollment Trends in Texas Law Schools A-4 J.D. Degrees Conferred Trends in Texas Law Schools B. Degrees Conferred by Gender A-5 J.D. (Doctor of Jurisprudence) Degrees Conferred by U.S. Law Schools by Gender A-6 J.D. Degrees Conferred by Texas Public Law Schools by Gender A-7 J.D. Degrees Conferred by Texas Independent Law Schools by Gender A-8 J.D. Degrees Conferred by All Texas Law Schools by Gender C. Degrees Conferred by Ethnicity A-9 J.D. Degrees Conferred by U.S. Law Schools by Ethnicity A-10 J.D. Degrees Conferred by Texas Public Law Schools by Ethnicity A-11 J.D. Degrees Conferred by Texas Independent Law Schools by Ethnicity A-12 J.D. Degrees Conferred by All Texas Law Schools by Ethnicity A-13 J.D. Degrees Conferred by Texas Public Law Schools to Texas Residents by Ethnicity A-14 J.D. Degrees Conferred by Texas Public Law Schools to U.S. Out-of-State Residents by Ethnicity A-15 Comparison of U.S. Population and J.D. Degrees Conferred by U.S. Law Schools by Ethnicity (37,909 J.D. Degrees Conferred in U.S. in 2001) A-16 Comparison of Texas Population and J.D. Degrees Conferred by Texas Law Schools by Ethnicity (2,198 J.D. Degrees Conferred in Texas in 2001) D. Degrees Conferred by Ethnicity for Each Texas Law School A-17 Texas Southern University Thurgood Marshall School of Law 164 J.D. Degrees Conferred in 2001 by Ethnicity A-18 J.D. Degrees Conferred by Texas Southern University Thurgood Marshall School of Law by Ethnicity A-19 Texas Tech University School of Law 194 J.D. Degrees Conferred in 2001 by Ethnicity A-20 J.D. Degrees Conferred by Texas Tech University School of Law by Ethnicity A-21 University of Houston Law Center 335 J.D. Degrees Conferred in 2001 by Ethnicity A-22 J.D. Degrees Conferred by the University of Houston Law Center by Ethnicity A-23 The University of Texas at Austin School of Law 460 J.D. Degrees Conferred in 2001 by Ethnicity A-24 J.D. Degrees Conferred by The University of Texas at Austin School of Law by Ethnicity
Page 37 A-25 Baylor University School of Law 141 J.D. Degrees Conferred in 2001 by Ethnicity A-26 J.D. Degrees Conferred by Baylor University School of Law by Ethnicity A-27 St. Mary s University School of Law 238 J.D. Degrees Conferred in 2001 by Ethnicity A-28 J.D. Degrees Conferred by St. Mary s University School of Law by Ethnicity A-29 South Texas College of Law 334 J.D. Degrees Conferred in 2001 by Ethnicity A-30 J.D. Degrees Conferred by South Texas College of Law by Ethnicity A-31 Southern Methodist University Dedman School of Law 230 J.D. Degrees Conferred in 2001 by Ethnicity A-32 J.D. Degrees Conferred by Southern Methodist University Dedman School of Law by Ethnicity A-33 Texas Wesleyan University School of Law 102 J.D. Degrees Conferred by Ethnicity A-34 J.D. Degrees Conferred by Texas Wesleyan University School of Law by Ethnicity A-35 Population, Graduates, & Lawyers Chart A-36 Map with Locations of Texas Law Schools II. Law Supply A. Per Population and per Level of Business Activity A-37 Lawyers per 100,000 Population in Ten Most Populous States (2000) A-38 Lawyers per 100,000 Population by State (2000) A-39 Lawyers Per Billion Dollars in Gross State Product (GSP) in Ten Most Populous States (2000) A-40 Lawyers per 100,000 Population in Texas (Map) A-41 Lawyers per 100,000 Population (High Plains, Northwest, Metroplex, Upper East Texas, and Southeast Texas Regions) A-42 Lawyers per 100,000 Population (Gulf Coast, Central Texas, South Texas-South, West Texas, Upper Rio Grande, and South Texas-North Regions) A-43 Lawyers per Billion in Aggregate Personal Income (2000) B. Pathway A-44 Pathway to Lawyer Supply A-45 Law Schools Attended by Members of State Bar of Texas (2001) A-46 Percent of Law School Graduates Staying in State to Practice Law in the Ten Most Populous States (2000) A-47 Percent of Law School Graduates Employed in Law Jobs Anywhere in the U.S. in the Ten Most Populous States (2000) A-48 Pass Rates for Texas State Bar Exam (2001) A-49 Primary Occupation of Texas Lawyers (2000) A-50 State Bar Practice Areas (2000) A-51 Comparison of Texas Population and Membership in State Bar of Texas by Ethnicity
Page 38 III. Opportunity to Attend Law School A. In Texas A-52 Baccalaureate Degrees, Law School Applications & First-Year Enrollments A-53 Baccalaureate Degrees Awarded in Texas Per Entering Texas Law School Seat A-54 First-Year Entering Enrollment Trends in Texas Law Schools A-55 J.D. Degrees Conferred by Texas Public Law Schools by Residency Status A-56 Texas Law Schools Applications, Offers of Admission, & First-Year Entering Enrollment A-57 Percentage of Applicants Who Received Offers of Admissions from Texas Law Schools (Offers of Admission/Applications) A-58 Comparison of Regional Population, Students from Region Earning Baccalaureate Degrees, and Students from Region Enrolled in a Texas Public Law School (2000) A-59 Tuition Cost at Each Texas Law School Per Year Full-Time Residents (2000) A-60 Percentage of Full-Time Law Students in Texas Receiving Tuition Grants by Institution (2000) A-61 Median Dollar Amount of Grants or Scholarships Received by Texas Law Students by Institution (2000) B. Compared to Other States A-62 Comparative Data for Law Schools for the Ten Most Populous States (2000 & 2001) A-63 Comparative Data for Law Schools for the Ten Most Populous States (2000 & 2001) - Abbreviated Chart A-64 Baccalaureate Degrees Awarded Per Entering Law School Seat in Ten Most Populous States (2000) A-65 Average Law School Entering Class Size in Ten Most Populous States (2000) A-66 Percentage of State Resident Applicants Who Entered Any U.S. Law School in Ten Most Populous States (2001) IV. Other A-67 Map of Texas Regions (Population in 2000) A-68 A Methodology for Projecting the Need for Professional Education (Approved by the Coordinating Board on April 19, 2002) A-69 Data Sources