An American Bar Association (ABA) proposal regarding the accreditation of fully online law schools has garnered widespread support from commenters across the legal community.

This move marks a significant and historical shift in the field of legal education, coming at a critical point in which technological advancements and changing attitudes are moving away from traditional modes of education.

With the COVID-19 pandemic showcasing that work and education can be conducted from anywhere, legal education has become part of the online education movement.

What the ABA Proposal Suggests

The ABA’s proposal revolves around two key revisions. Standard 102 regards provisional approval and Standard 306 regulates distance education. These revisions are aimed at making online law schools eligible to offer both full and provisional ABA accreditation without touching or changing any substantive applications.

Currently, the ABA regulations are set to a limit of only 50% of distance learning to fully accredited law schools. This doesn’t include fully online law schools because they lack physical campuses. The proposed change seeks to address the gaps created by the existing standards.

Supporters of the New Propositions

The ABA’s proposed changes have been met with significant support within the legal community. Multiple comments in support of the proposal were gathered during the 60-day notice and comment period that began in January and ended on March 25.

One of the most notable endorsements came from Indiana Supreme Court justices, who expressed their support less than a month after ruling that graduates from non-ABA-accredited law schools could sit for the bar exam in Indiana. This endorsement alone underscores the growing recognition of the need to adapt and revamp legal education to match up to the changing times.

Mathew R. Kerbis, an ABA Young Lawyers Division Liaison, has highlighted the need to acknowledge the viability of online learning and online legal education as a whole, given the current times. He emphasized that while traditional in-person education may have its merits, it is time to acknowledge the potential within online educational platforms. “An online legal education will not be for everyone, but now that we are forced to educate future lawyers online, it is time that we admit it can be done,” Kerbis wrote in his comment to the ABA proposal.

Anticipated Challenges

While the ABA’s proposal has received overwhelming support all around, it is poised for challenges ahead, including the disruption of existing institutions. The Strategic Review Committee acknowledges that the proposed changes not only disrupt the structure of the existing institutions but also the complexities involved in integrating the new proposals.

The integrity of online legal education has also been put into question. Many acknowledge that online platforms offer flexibility. However, ensuring rigorous standards of instruction, academic support, and assessment remains paramount to maintaining the credibility of accredited programs.

Implications for Legal Education, Profession

If the proposed ABA changes are enacted, they will have far-reaching implications for legal education as well as the legal profession as a whole. Many fully accredited online law schools will now have to open pathways for their graduates to pursue bar admission in any state of their choosing. This also has the potential to expand the reach and access to legal education and diversify the entire legal workforce.

The proposal also signals a broader shift towards embracing technology and innovation in legal education. By officially recognizing the legitimacy of online platforms and online education, the ABA acknowledges technological changes in the legal landscape.

The Future of Education

The overwhelming support for the ABA proposal for online law schools is a highlight of the recognition and appreciation of online education. By committing to embracing innovation while upholding its standards of quality and excellence, the ABA is set to transform legal education.

The proposal also paves the way for a more inclusive, accessible, and dynamic legal education landscape. With the legal community continuously seeking ways to navigate the complexities of educational reform, this proposal is a testament to the community’s commitment to advancing justice, equity, and opportunity through legal education.