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Abstract

According to the old saw, "those who can't do, teach." For a year in 1992-1993, I set out to prove to myself that those who teach can too do. Thanks to an obscure provision in the regulations of the United States Attorney's Office, and with the cooperation and encouragement of both my Dean and the United States Attorney for the Eastern District of New York, I was able to spend a year as an Assistant United States Attorney (AUSA) in the Civil Division litigating a wide variety of cases ranging from the most mundane to the most sophisticated. This bus driver's holiday would benefit any academic looking for an occasion to acquire or deepen practical experience. Given my almost exclusive background in criminal law practice, this year exposed me to an entirely new universe of federal civil litigation. At its conclusion, I felt quite comfortable with a wide range of litigation tasks. A year in practice offers unique opportunities to a clinical teacher, particularly one who has been teaching full-time for many years. A return to practice in order to learn how to be a better practitioner should enable any clinician to teach practice better, and with more sophistication. Although most clinicians teach students the skills and judgment connected to law practice, we do so in a very rarified environment with limited caseloads and an explicit goal of fostering contemplation. Too much time away from the more realistic arena of practice may dull our real-world edge as we come to more closely resemble our traditional academic colleagues. Practitioners unquestionably approach cases, clients, and legal problems differently from academics, even clinicians. A sabbatical-in-practice provides a reminder of those differences and an occasion to sharpen our focus, update our knowledge, and maintain our credibility.

Publication Title

Clinical Law Review

Volume

3

Issue

1

First Page

1

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