These lawyers often frame their role as neutral, simply providing representation to clients who need it. But the nature of the representation matters. When institutions mislead students, inflate job-placement claims, push them into unaffordable debt, or fire whistleblowers who object to unethical practices, these firms defend the institution—not the student, not the truth, and certainly not the public interest. Litigation summaries and public communications frequently present a parallel universe in which colleges are the victims, regulators are overreaching meddlers, and students who seek restitution are opportunists or pawns of political forces.
The legal work is highly lucrative. In many cases, struggling institutions spend more on their attorneys than they do on direct student support. Colleges on the brink of closure still find six-figure retainers to fight state attorney general investigations or borrower defense claims. Public institutions use taxpayer dollars to shield themselves from transparency, all while students—particularly first-generation, low-income, and working-class students—absorb the losses. Attorneys in this sector are acutely aware of the harms their clients may have caused, yet their work consistently prioritizes institutional preservation over student restitution.
The history of this defense strategy is well documented. In 2011, federal courts began seeing cases from former students challenging institutions for misleading claims, untransferable credits, and failure to provide promised training. Courts often compelled arbitration, effectively removing class action rights and leaving individual students to pursue costly and complex proceedings alone. This pattern set a precedent: institutional defense relied on procedural tools rather than addressing substantive misconduct. Between 2012 and 2013, state supreme courts upheld arbitration clauses that stripped students of collective redress, signaling to institutions that strategic legal defenses could block accountability. Students’ claims of misrepresentation, fraud, and breaches of enrollment agreements were repeatedly forced into private arbitration. The courts emphasized procedural enforcement over consideration of the underlying harms, allowing institutions to continue operating without public scrutiny.
From 2015 to 2018, the Department of Education’s Inspector General documented widespread mismanagement of federal Title IV funds, showing that hundreds of millions in federal loans were issued to students at institutions that were later found to have misrepresented outcomes or violated federal regulations. Lawsuits brought by former students during this period, including allegations under the False Claims Act, were often dismissed or compelled to arbitration. Institutions were shielded, while borrowers were left with debt and limited recourse.
In 2018 and 2019, state attorneys general filed enforcement actions against multiple institutions for fraudulent recruitment practices and misrepresentation of accreditation status. In almost every case, institutions relied on their legal teams to secure procedural victories: dismissal of class action claims, enforcement of arbitration clauses, and delays in settlements. While regulators attempted to intervene, the structural power of corporate legal defense delayed, diluted, or obscured accountability. During the COVID-19 pandemic in 2020–2021, students sued institutions for failure to provide adequate online instruction and for abrupt changes in course delivery. Defense attorneys successfully argued that enrollment agreements allowed these operational changes, resulting in widespread dismissal of student claims. Again, institutional defense won the day while students absorbed the financial and educational consequences.
From 2022 to 2025, the Borrower Defense to Repayment program and the SAVE Plan promised relief for students harmed by mismanaged institutions. Yet litigation and regulatory challenges have slowed implementation. Institutions and their attorneys have repeatedly used procedural maneuvers to contest forgiveness, compel arbitration, or delay repayments, leaving thousands of students in limbo while debt accumulates. Throughout this period, legal strategy has consistently prioritized institutional survival over student restitution. Arbitration clauses, procedural dismissals, and regulatory delay have allowed colleges and universities to maintain access to federal funds, complete mergers, or restructure under bankruptcy protection, all while leaving harmed students with debt, disrupted education, and minimal legal recourse.
These attorneys also help shape the narratives consumed by policymakers, journalists, and college trustees. Public-facing summaries often downplay institutional misconduct and amplify court decisions that limit student rights. They rarely acknowledge the emotional and financial devastation suffered by borrowers or the systemic risks created when institutions know their lawyers can absorb most of the blow. Instead, they champion a legal environment that treats higher education primarily as a business subject to claims risk, not as a public trust.
Justice, in this ecosystem, becomes a matter of resources. Students and former employees face a wall of corporate legal expertise, while institutions with long records of abuse continue to operate behind settlements and sealed agreements. Attorneys who could use their considerable skills to protect the most vulnerable instead use them to reinforce a system that extracts value from students and leaves them to fend for themselves once the promises fall apart.
The Higher Education Inquirer has long documented the College Meltdown: the closures, the debt, the failed oversight, and the human cost. But the meltdown is not only a story about administrators, investors, or federal agencies. It is also a story about the lawyers who defend the indefensible and who help maintain a higher education marketplace where accountability is optional and harm is routine. They may sleep well, but only because the consequences of their work are borne by others.
The question is not how they sleep at night. The question is how many more students will lose before the legal strategies that protect institutions are no longer enough to protect the industry itself.
Sources:
U.S. Department of Education, Borrower Defense to Repayment decision data, 2022–2025
Government Accountability Office (GAO), “For-Profit Colleges: Student Outcomes and Federal Oversight,” 2021
Department of Education Office of Federal Student Aid, Borrower Defense decisions, 2020–2025
State Attorneys General filings and enforcement actions against higher education institutions, 2018–2023
U.S. Department of Education Office of Inspector General, audits and reports on Title IV program compliance, 2015–2022
GAO report on arbitration clauses in for-profit colleges, 2018
