House of Delegates Looking at Easing Financial Burden For Law Students, Recent Graduates
The House of Delegates for the American Bar Association will consider two proposals at its upcoming Midyear Meeting to ease the financial burdens law students and recent graduates are experiencing because of the legal profession’s uncertain financial environment and tightened job market.
The two proposals are among about three dozen resolutions that the 597-member ABA policy making body is expected to consider during the one-day meeting its Feb. 22 that concludes the virtual ABA 2021 Midyear Meeting, which begins Wednesday. Other topics on the wide-ranging agenda include civil rights, election law and lawyer well-being, according to an ABA news release.
Many young lawyers struggle with student loans, even before the coronavirus pandemic, with an average debt of $145,000. Nearly half of law schools surveyed by the National Association for Law Placement said employers had rescinded employment offers and others were pushed into 2021 when the pandemic hit.
House of Delegates Resolution 106B urges Congress to amend the U.S. bankruptcy code to ease restrictions on how student loans can be discharged in bankruptcy proceedings. Educational debt can only be discharged if the borrower demonstrates that continued repayment of the debt would impose an “undue hardship” on the debtor and the debtor’s dependents – a practice most experts say is a nearly impossible hurdle to overcome in the courts because of no clear statutory guidelines.
Resolution 106C urges the federal government to implement programs to assist lawyers and law students experiencing financial hardship due to their student loans. It recommends extending loan deadlines, allowing either refinancing or transferring of obligations to federal from commercial programs, and authorizing suspension or forgiveness of student loans.
Another item, Resolution 105, urges that authorities of each jurisdiction allow those taking the bar exam to bring tampons, pads or other menstrual products in opaque rather than clear containers, and recommends relaxing of other restrictions now in place.
Two other proposals are geared toward helping lawyers and law students better manage their well-being and family life, particularly during the pandemic. Resolution 300A encourages relevant entities to make resources accessible that advance well-being in the entire legal profession. Resolution 300B seeks government and other entities to provide adequate funding to ensure access to fair, affordable, and high-quality childcare and family care as well as other resources for school-age children.
A proposed change in the ABA process, Resolution 11-1, would amend association rules to add the requirement that future resolutions must advance one or more of the ABA four goals – serving its members, improving the legal profession, eliminating bias and enhancing diversity, and advancing the rule of law.
Find copies of all the proposed resolutions at bit.ly/2MWzE4n.
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