|
|
|
|
|
|
| |
|
WMCL CAREER SERVICES
Guide to Legal Practice Areas
|
| |
|
**Provided Courtesy of William Mitchell School of Law, St. Paul, MN
|
| |
|
A Note About Legal Practice Areas
|
| |
|
Many thanks to the William Mitchell
College of Law for allowing us to reproduce its “Guide to Legal Practice Areas.” Take
a look at the wide variety of specializations it describes,
and consider which one(s) might be right for you.
In doing so, remember that you will NOT be a specialist in
anything when you graduate from law school. Law schools provide
a general education across many areas of the law. Late in your
second year, or in your third year, you will be free to focus
on courses that interest you, but coursework alone will not
make you adept at any particular field. Law schools do NOT
expect you to know or declare any specialization to gain admission,
and you do NOT have to choose one before graduation. Nevertheless,
if you know what you are interested in, you can try to plan
your elective courses and summer jobs to prepare you for that
area of practice.
These days, students commonly
express interest in three fields that are often misunderstood.
They
are international
law, patent/intellectual property law, and sports law. If you
are interested in one of these fields, you need to understand
what it really entails, because it might not be what you expect.
For example:
-
“International” law is a term of art that
means, in essence, the law among nations. International law
is a narrow field covering treaties, international agreements,
human rights, and the like—the stuff of State Department
lawyers and diplomats. If you are interested in that, fine.
But when most students say they want to practice “international
law,” they simply mean that they want to work overseas.
If you want to work overseas for a private U.S. law firm, chances
are good that you will not practice international law; rather,
you will focus on contracts, real estate deals, and other types
of business law in a foreign setting. Some law schools offer
programs in “international law”—make
sure you understand what they mean in using that term.
If you are
willing to accept a position overseas, it is very helpful
to have experience in a foreign language, or at least
some study
abroad or travel abroad experience.
If you are an international
student studying in the U.S., admission to a U.S. law
school can be quite a challenge. There
are a number of explanations for this fact. First, a U.S.
law degree is rarely recognized overseas—it will
not make you a lawyer in your home country. Second, even
if you are
admitted to law school in the U.S., you may not be eligible
for law practice. You must still be admitted to the bar of
a state, and many states either require you to be a citizen,
or require that an attorney swear an oath to uphold the Constitution
and laws of the United States. State bars do extensive background
checks covering many years, and it is not always possible
to complete this check when dealing with an international
applicant.
Thus, if you are not a U.S. citizen, you should contact each
law school to see if it admits non-citizens and then contact
each state bar association where you would wish to practice
to see if you can be admitted. Many law schools offer their
foreign students an alternative degree—an LLM, which
is essentially a master’s degree in law. It will not
allow you to practice law in the United States, but it could
prove valuable upon return to your home country.
-
Patent/Intellectual property law concerns protecting
inventors’ creations. “Creations” can
include, for example, a new machine or process, a logo, a piece
of music, or a poem. The field tends to be broken up into those
who practice patent law, a very specialized form of law that
seeks patent recognition before the U.S. Patent Court, and
those who undertake other fields such as trademark and copyright
law. Many law firms require at least their patent lawyers,
and sometimes all of their intellectual property lawyers, to
have an undergraduate degree in engineering, physics, biology,
or some other hard science. If you like intellectual property
law, but lack such a degree, you might wish to focus on non-patent
work, or on patent litigation—where you do not seek
patents, but rather litigate in regular federal court to
protect and
defend existing patents.
-
“Sports law,” like
international law, is often misunderstood. A good sports
law attorney essentially practices
regular old contract and business law in a sports context.
Sports law attorneys might take a sports law course in
law school, but it’s probably more important to get
a good background in contracts, tax, labor and employment
law, and
mediation and negotiation. Whatever the specific field,
a good business attorney needs a solid background in at
least
these
areas.
If you have any questions about legal practice fields after
reviewing this document, please feel free to ask: stop by or
send us an e-mail, and we’ll try our best to get you
timely and relevant information about specific areas, including
the latest “hot” practice areas.
* * * * * * * * * * * * * * *
|
| |
|
William Mitchell College of Law Guide to Legal Practice Areas
|
| |
|
The following is a breakdown of some of the
most common practice areas you will encounter in the traditional
practice of law.
This is by no means an inclusive list. It is meant to serve only
as a guide, and to give you a very general and brief overview
of what an attorney
in any given area is likely to encounter in terms of legal
issues, his or her clients, and the types of problems he
or she might
be called upon to solve. You
will find that many practice areas overlap, and include elements
of one or more others. Also, some of these terms describe
a "style" of
practice, such as "General Practice" or "Litigation," while
other terms used here relate to a specific area of substantive
law.
|
| |
 Some
Helpful, but Very General & Brief Definitions:
|
| |
|
Criminal Law encompasses
those matters that are acts in violation of penal law, or an
offense against the
State or the United
States of America. Criminal matters are always prosecuted
by a federal,
state, or local government body--in other words--the
people. Criminal defense can be handled by the public sector
or
the private sector (law firms). Conviction, punishment or acquittal
is the
desired result of a criminal case.
Civil Law includes those
actions brought to enforce, redress, or protect private
rights. A sum of money is assessed for
violations of civil law.
|
|
Most Private Law Firms are divided into two general areas:
|
|
The Litigation Group: These
are the trial lawyers. Attorneys in the litigation group
are involved in all the steps
of the process for those legal issues filed in court.
A litigator'
s
work includes the preparation, discovery, the trial
itself, and potentially the appeals process.
The Transactional Group: These
are the "deal-makers." These
lawyers are likely to handle many corporate issues
such as financing projects, mergers and acquisitions, and
securities. Transactional
work will also include real estate transactions,
the probate process, and tax work. And just to make it
interesting,
any
transactional matter can end up in litigation.
|
| |

Administrative Law
|
| |
|
Certain governmental bodies are
charged with administering and implementing particular legislation.
Examples
are worker' s compensation commissions, tax commissioner,
public service commissions, Federal Trade Commission, and so
forth. These bodies are called agencies, commissions (i. e.,
Securities and Exchange Commission), corporations (i. e., Federal
Deposit Insurance Corporation), boards (i. e., Federal Reserve
Board of Governors), departments (i. e., Department of Education),
or divisions. These bodies have authority to carry out the
terms of the law, and to create regulations for the conduct
of business
before them. This is distinguished from legislative authority– that
is, the authority to make laws. Attorneys who work for these
bodies are involved in compliance with regulations, rules,
orders, and decisions to carry out the regulatory powers and
duties of
such agencies.
Additionally, lawyers from many
practice areas encounter administrative issues in their practice,
even if they are not working for
an administrative agency. Any business that is in an industry
that
is "regulated," such as health care, environmental
science, manufacturing, aviation, or securities is subject
to administrative authority. Therefore, attorneys in many
practice areas are charged with ensuring that their clients'
business
practices adhere to the standards set forth by administrative
agencies empowered to interpret and regulate business activity
within a given industry.
|
| |

Aviation Law
|
| |
|
An aviation practice can range from the representation
of clients involved in litigation arising out of a crash of a
large commercial airliner to defending a lost baggage claim.
Aviation law involves the basic tort law concepts of negligence,
breach of warranty and strict liability as well as contract law.
Attorneys may represent aircraft or aircraft component manufacturers,
airlines, private pilots or other parties in the general aviation
industry, or work with an administrative body such as the Federal
Aviation Administration. There are also transactional attorneys
practicing aviation law, such as those rendering advice to
a corporate client that wishes to purchase an aviation-related
entity such as an airline or charter operation.
|
| |

Banking & Finance
|
| |
|
A banking and finance practice within a private
law firm can represent a wide spectrum of clients in the financial
and commercial areas, including banks, bank holding companies,
and clients with banking affiliations. These attorneys have substantial
knowledge in state and federal banking regulation, enforcement
actions, tax law, bank mergers and acquisitions, bankruptcy,
commercial paper, secured financing, real estate and Uniform
Commercial Code matters. Lawyers with this expertise are also
found within the banking institutions themselves in a corporate
setting. This practice area is largely transactional, and overlaps
with many other areas of law. The banking and financial industry
is heavily regulated, at the federal and state level, so many
attorneys are needed in compliance work, and occasionally administrative
law matters.
|
| |

Bankruptcy Law
|
| |
|
This area of law includes aspects of corporate
law, litigation, commercial law, tax law, and others. A lawyer'
s negotiation skills are primary in a bankruptcy practice.
The clients' ultimate goals are, in the case of debtors, to
relieve
the demands of creditors so there is an opportunity to reorganize
or rehabilitate the business, or in the case of lenders, to
maximize their recovery. These goals are usually achieved through
direct
negotiations between the parties, a "work-out" in
which the debt is restructured, or a reorganization under Chapter
11
of the Federal Bankruptcy Laws.
|
| |

Civil Litigation
|
| |
|
Civil litigation runs the gamut
from a basic marriage dissolution to a complex, mass torts
case with multiple
plaintiffs and multiple defendants with millions of dollars
at stake. In fact, any legal issue can be litigated. For example,
while the probate process is generally transactional, a will
can be contested and the dispute can be settled in court. While
there is a very structured set of procedures in the litigation
process, it can also be an amoeba– that is– the
case can take twists and turns, and change in ways you don'
t anticipate.
The best litigators are prepared, and not easily rattled by
the unexpected. For many lawyers, it is their client' s goal
not
to go to trial. In fact, most issues filed in court conclude
in settlement. Once in the courtroom, however, the litigator
is a legal specialist who combines oratory skills with legal
analysis and cross-examination to convince a judge and/ or
a jury of his or her client' s position. Below, are some of
the
most common specialty areas for civil litigators:
PERSONAL INJURY: Many
trial attorneys have rewarding careers litigating personal
injury cases. Attorneys who are successful
and rewarded in this practice area are skilled presenters,
and enjoy the advocacy role. They represent people who suffered "damage
to their person." While that might bring to mind some late
night television advertisers soliciting whiplash victims, most
often, attorneys in this practice area are representing victims
who have been damaged in ways that affect them for the rest of
their lives. The personal injury lawyer' s job is to "prove
damages," or to maximize monetary
compensation for an injured client. To do so, a personal
injury lawyer will actively engage in investigation of the
accident
or event that caused the injury, and will almost always call
upon medical and/ or technical experts for testimony. They
are adept interviewers, gathering information from witnesses,
medical
professionals, insurance companies, and victims. They are
persuasive communicators, and often must know how to utilize
sophisticated
technology for graphics and visuals to demonstrate their
case to a jury.
INSURANCE DEFENSE: Insurance companies are
often the parties that pay for damages in many civil litigation
matters. These
companies generally have their own team of attorneys who
are usually experienced litigators. Insurance companies will
also
hire outside law firms to assist in their defense, depending
on the jurisdiction and the nature of the claim. If a claim
is litigated, insurers have personnel specifically trained
to investigate
its validity. (People with law degrees are sometimes sought
out for these positions). Attorneys specializing in insurance
defense
also work for private law firms hired by insurance companies.
An insurance defense practice, whether in an insurance corporation
or a law firm, will also call upon other legal professionals.
For example, attorneys are hired by insurance corporations
in alternative legal careers--as experts in risk management,
contract
administration, investigation, and regulatory compliance.
PRODUCTS LIABILITY: A
man sues a lawnmower manufacturer for personal injury sustained
when the blade hits a rock,
propels
it from underneath the mower, and strikes his leg. He claims
the mower was defectively designed. A woman with an adverse
reaction to a drug sues three pharmaceutical companies,
and a drug industry
trade association. She claims her illness was caused by
the defendants' failure to warn her of the dangers of the drug.
The State of
Minnesota sues a building contractor, claiming negligence
in the builder' s use of asbestos in buildings constructed
over
ten years ago.
These cases have different fact situations, legal theories,
and evidentiary concerns and defenses, but they all fall
under the "products
liability" practice area. Numerous theories of recovery
can be brought under single or multiple causes of action.
They include negligence, strict liability, breach of express
warranty,
breach of implied warranty, and in some situations, absolute
liability. In most cases damages are sought for personal
injury. Sometimes, such as in the asbestos case, damages
are available
for economic loss. In certain cases, punitive damages are
awarded.
COMPLEX LITIGATION: This describes a case filed
in court that is likely to have multiple parties and
multiple causes
of action,
and sometimes crosses jurisdictions. Examples are mass
tort cases and class actions such as the breast implant
litigation,
the
tobacco litigation, and the Dalkon Sheild litigation.
Lawyers involved in these cases are with private law firms
or in-house,
corporate counsel for one of the parties named in the
suit. Generally, the large private law firms will be on the
defense
side, and
plaintiff' s work is handled by smaller firms.
OTHER COMMON SPECIALTY AREAS FOR LITIGATORS: As mentioned
above, any legal matter can end up in litigation. Employment
matters
are often heard in court, such as hiring discrimination
claims, wrongful termination, or sexual harassment.
Business and
corporate issues are frequently litigated, such as
the interpretation of
a shareholder agreement or failure to deliver specified
goods on time. Family law matters frequently get settled
in the
courtroom, such as marital termination agreements and
child custody. Contract
disputes, tax matters, and real estate issues also
provide enough litigation for many lawyers to make a lucrative
practice specializing
in litigating these types of cases.
|
| |

Civil Rights
|
| |
|
There are many state and federal agencies with
legislative responsibility for enforcing civil rights laws. This
area of law is also practiced in private law firms, corporations,
and legal services organizations. Laws vary from state to state
and generally prohibit discrimination based on race, color, religion,
national origin, gender, sexual orientation, handicap, ancestry,
age, status as to public assistance in regard to employment,
access to housing, use of public accommodations, and opportunities
in matters relating to credit and credit transactions.
|
| |

Commercial Transactions
|
| |
|
Commercial transactions is a general term used
to describe a whole body of substantive law applicable to the
rights, intercourse, and relations of persons engaged in commerce,
trade or mercantile pursuits. The Uniform Commercial
Code is a group of laws adopted in whole or substantially by
all states, and governs commercial transactions, including sales
and leasing of goods, transfer of funds, commercial paper, bank
deposits and collections, letters of credit, bulk transfers,
warehouse receipts, bills of lading, investment securities, and
secured transactions. Commercial transactions encompasses many
areas of law including banking and finance, securities, real
estate, bankruptcy and more. Some lawyers have specialties in
one or more of these areas, and others will handle a wide variety
of commercial transactions. These lawyers are employed by private
law firms of all sizes, the corporate sector and the government
sector.
|
| |

Communications Law
|
| |
|
With the growth of technology, this is a growing
and emerging practice area. Very generally, communications law
can refer to those laws regulating the media, such as libel and
slander, privacy rights, and First Amendment issues. New electronic
media such as the Internet, cellular communication, and e-mail
have created a host of issues that are unresolved. Until laws
are created to regulate these communications, issues will be
litigated. Attorneys with this specialty could work for a governmental
body such as the Federal Communications Commission, private law
firms, or corporate entities.
|
| |

Construction Law
|
| |
|
Construction law is a specialty dealing with
all matters of new building construction. This can range from
the real estate transactions, the financing of commercial projects,
and contracts between developers, subcontractors, and buyers.
Some litigators specialize in this area as well, and can encounter
issues from personal injury stemming from construction site accidents
to products liability of materials used in building.
|
| |

Corporate Law
|
| |
|
A general corporate practice involves the
entire spectrum of legal services for a diversified client
base. Work
includes corporate counseling, negotiating and preparing legal
documents for all types of business transactions, from sales
agreements to complex joint ventures and business combinations.
Private law firms can represent publicly-held companies, privately-held
businesses, start-ups, venture capitalists, investment bankers,
and others. They will deal with issues such as joint ventures,
financing, mergers, acquisitions, dispositions, securities,
tax, and more.
Attorneys are also found working
within corporations as "in-house" corporate
counsel. For these lawyers the corporation for which they
work is their client. The issues they handle may include
all those
mentioned above, as well as handling employment issues or
lawsuits against the company arising out of personal injury,
products
liability, or breaches of contract.
|
| |

Criminal Law
|
| |
|
Criminal prosecution is generally handled by government agencies
at the federal, state, and local levels. Attorneys are found
in federal enforcement agencies such as the Federal Bureau of
Investigation and the Drug Enforcement Agency. The United States
Attorney' s Office has 94 offices across the
country. This prosecutorial arm has a Criminal Division broken
down into three parts: Organized Crime Drug Enforcement Task
Force, General Crimes Section, and Economic Crimes Section. State
agencies include those such as the Minnesota Bureau of Criminal
Apprehension, and the state Attorney General' s Offices. Local
offices are the city, county and/ or district attorneys.
Criminal
defense is also handled by some state and local government
entities, such as a county-level public defender' s office,
nonprofit or
public service agencies such as Legal Aid Societies, and
the private sector. Usually, law firms engaged in a criminal
defense
practice are small, private law firms, and will represent
individuals facing drug charges, DUI, and other various misdemeanors
and
felonies. Occasionally, very small municipalities will contract
with local firms to serve as their prosecutor.
|
| |

Education Law
|
| |
|
Lawyers who specialize in education law are likely to encounter
three types of legal issues in their practice. The first stems
from Constitutional issues, such as First Amendment Rights, that
can arise in public education, both in K-12 and higher education
institutions. The second area of issues is related to employment
law. These can include tenure issues and contracts of teachers
and faculty; discrimination and harassment issues, both student
to student and among faculty and staff; and other Equal Employment
Opportunity Commission issues. Other issues likely to come before
an education lawyer are tort claims relating to liability of
an educational institution. The Federal Department of Education
hires some lawyers who deal with Occupational Civil Rights issues,
but these specialists are found mostly in state Boards of Education,
local public school systems, working for the educational institution
itself as in-house counsel, or in private law firms hired to
represent these institutions.
|
| |

Elder Law
|
| |
|
As our population continues to age, elder law
is emerging as a specialty in which many lawyers find opportunity.
Elder law encompasses a host of legal issues that specifically
affect the elderly. For example, the baby-boomers are in their
50s now, and becoming concerned with retirement security.
Lawyers with expertise in financial markets and investment products
are needed to provide those services, along with accompanying
real estate and estate planning issues. Other issues might overlap
with health law, including Medicare/ Medicaid issues, nursing
home payments, assisted suicide and living wills. Other common
issues are will, trusts, and conservatorships.
|
| |

Employee Benefits / Executive Compensation Practice
|
| |
|
Attorneys in this practice area represent
both publically—and privately—held companies, and banks and
trust departments in
all phases of designing and administering employee benefits
and retirement processes, such as 401k plans, 403b plans, health
benefits, and other investment vehicles companies offer to
their
employees. Other issues include incentive compensation plans,
capital accumulation plans, and stock option plans. These attorneys
often have a client counseling role, assisting their clients
in long-range strategic planning, educating clients on current
regulations and legislation, and advising clients to ensure
compliance with those codes. This is a highly technical area
of law with
many tax implications. Many practitioners have backgrounds
in accounting and/ or an advanced law degree in tax.
|
| |

Entertainment / Sports Law
|
| |
|
An entertainment law practice can range from representing on-air
personalities to professional athletes to educational institutions.
These lawyers will negotiate employment agreements and standard
player contracts. The practice involves negotiation of endorsement/
marketing agreements, representing clients in grievance/ arbitration
proceedings, providing tax and estate planning advice, and reviewing
and/ or developing investment agreements. It is also common for
lawyers in this practice area to handle numerous real estate
transactions, and manage their clients' equity interests in real
estate.
|
| |

Employment & Labor Law
|
| |
|
Lawyers in private law firms represent clients
in both the private and public sectors in a variety of labor
and employment
matters. A labor relations attorney will represent employers
in matters such as unfair labor practices, collective bargaining
negotiations, representation elections, grievances and arbitrations,
and strike litigation. These attorneys also counsel clients on
issues such as affirmative action compliance, employee handbooks,
workplace rules, and other related matters. An employment litigator
will
represents clients on issues such as discrimination in hiring,
wrongful discharge, breach of employment contract, workplace
libel and slander, employee right to privacy, and other issues.
Some employment lawyers are also found representing companies
before administrative agencies such as state bureaus of employment,
bureaus of workers' compensation, the Equal Employment Opportunity
Commission and the National Labor Relations Board. Others actively
advise and represent clients in OSHA matters involving employee
health and safety.
|
| |

Environmental Law
|
| |
|
This practice area encompasses a number of
activities. There is an ongoing need for attorneys to provide
regulatory advice to businesses. Government agencies such
as the Environmental Protection Agency are often involved in
an
administrative law practice. For example, if a business,
citizen group, a county or municipality believes a regulatory
agency
has issued a permit that does not adequately protect the
environment, administrative procedures enable these parties
to challenge the
permit.
Attorneys are also consulted to represent clients
in the industrial and manufacturing industry that, because
of
past activities,
have been scheduled for investigation and clean up in
the next decade. Private parties may also be involved in disputes
involving
land contamination and will hire private counsel. While
some environmental disputes are litigated, most are handled
through
the administrative process. Finally, environmental lawyers
are often involved in putting together business deals such
as real
estate transactions, and business acquisition and divestitures.
Often when these transactions involve the transfer of
real
property, environment assessments are required.
|
| |

Family Law
|
| |
|
Family law practices are usually limited to
small and mid-sized private law firms. Some public service agencies,
such as Legal Aid Societies, will represent indigent clients
in family law matters. Family law matters can include pre-marital
advice and planning; child-related issues such as custody, support,
and visitation; divorce planning, negotiation and/ or litigation
involving support, spousal maintenance, or division of property;
and post decree modifications and enforcement. Those engaged
in a family law practice are very skilled counselors and negotiators,
whose success is often dependent upon their ability to demonstrate
genuine concern and compassion for their clients. Family law
often involves trial work, and can overlap with many other areas
of law such as tax and estate planning, real estate, corporate
and finance, contract, and criminal.
|
| |

General Practice
|
| |
|
A general practice is just what it sounds like. This refers
to a law firm or an individual lawyer who handles many different
types of legal matters from different practice areas. Many
solo practitioners and small-firm lawyers have a general practice,
or as it is sometimes called, "door law," that is,
they will handle whatever comes in the door. Usually these lawyers
will limit their work to litigation or transactional matters,
but there are a handful who do both. Large law firms usually
are described as general practice, meaning that there are departments
of attorneys devoted to handling a spectrum of particular practice
areas. The lawyers within these departments are usually specialists
in their given field, however the firm as a whole is described
as "general practice." This term is limited to private
law firms and individual lawyers. Government and corporate
setting lawyers are usually specialists in one or more closely-related
fields.
|
| |

Government Practice
|
| |
|
There are literally thousands
of government entities that hire lawyers, and they are found
at the federal,
state, and local
levels. Many of these bodies are mentioned elsewhere in this
article. Some offices may do work that is specific to a substantive
area of law, such as the administrative bodies like the SEC.
We felt we should still include a "government practice" section
separately because there are so many government offices that
handle many different types of legal issues and offer a wide
variety of practice styles. A good example of this is the state
Attorney' s General Offices. These offices generally provide
legal advice to members of the state legislature, the judiciary
and local officials such as county attorneys and sheriffs to
assist them in enforcing state law. In Minnesota, more than
100 state agencies, boards and commissions receive legal advice
and
representation from the staff of the Attorney General' s Office.
Attorneys represent the state in adversarial proceedings including
lawsuits in state and federal court, rule-making hearings,
administrative hearings, rate hearings, disciplinary conferences
and collection
activities. Staff attorneys provide advice and opinions involving
statutory interpretation, potential liability, legal authority
for proposed agency actions, and federal law requirements.
Attorneys draft legislation and administrative rules, write
opinions, advise
clients, and respond to citizens' questions and concerns.
Many attorneys also handle substantial transactional work involved
with state contracts, real estate matters, and program administration.
The Attorney General regularly helps to shape public policy
by proposing legislation to deal with legal policy concerns
in the
state. For example, proposals can include crime and violence
prevention, consumer protection, civil rights, environmental
protection, or children' s advocacy. The Office also implements
a wide range of public policy programs, including drug
prevention, sexual violence and harassment prevention, environmental
protection, consumer education, child support enforcement
and more.
|
| |

Government Relations
|
| |
|
Some large firms have a department called "Government
Relations." This group of lawyers is usually involved in
some aspect of "lobbying." Lobbying is defined as
all attempts to influence legislators to vote in a certain
way or
to introduce legislation. Attorneys in the government relations
department will be involved in monitoring and analyzing proposed
legislation, and engage in direct lobbying activities. Additionally,
these lawyers may be involved in trying to influence administrative
rule-making bodies, such as the Department of Health or the
Environmental Protection Agency. Some of these lawyers may
also become involved
with litigation stemming from a perceived unfair consequence
of legislation. Clients can range from private or public companies,
such as a managed health care provider where proposed legislation
could have a direct effect on its business; or professional
associations, such as the American Medical Association, that
represent members
of an industry that could be affected by proposed legislation.
Lobbyists are sometimes hired directly by these organizations.
In some
instances, the government relations attorney is an employee
of the corporation or organization, rather than working for
a law firm hired by that entity.
|
| |

Health Care Law
|
| |
|
This represents one of the fastest growing
and dynamic practice areas. It is a specialty which blends
many practice types including litigation, general corporate,
medical
malpractice, antitrust, tax, securities, real estate, labor,
partnership, to name a few. Dramatic changes in the healthcare
industry in recent years have created a huge demand for lawyers
as issues such as assisted suicide, crimes against the elderly,
right to die, and others present themselves. The changing nature
of the organizations in the industry– insurance and managed
care companies, physician organizations, hospitals and clinics,
regulatory bodies, and patient groups--calls for lawyers skilled
in business transactions such as mergers and acquisitions.
Litigation has also stemmed from the challenge of issues such
as access
to health care and health care benefits. Healthcare technology
is growing rapidly and attorneys are needed to protect ideas
and inventions, and to advise companies in that business in
their general corporate matters. Healthcare is a highly-regulated
industry,
and many lawyers assist their clients in compliance issues.
There are a host of issues here, and that is only expected
to continue
to expand opportunities as this industry continues to change.
|
| |

Immigration
|
| |
|
Immigration is a comprehensive body of federal
laws that govern issues of foreigners coming into the United
States, including admission, exclusion, deportation, and naturalization
of aliens. The Immigration and Naturalization, part of the United
States Department of Justice, employs a great number of immigration
lawyers. Courts devoted to handling immigration issues will also
hire attorneys to assist judges. In recent years, the legislature
has been in the process of reforming immigration laws, and some
members of Congress and other legislators have hired immigration
lawyers for assistance. Private firms also represent clients
ranging from those seeking citizenship, new citizens working
to bring their families into the country, aliens with issues
related to employment or education visas, and/ or companies who
wish to recruit and hire internationally. Also, some in-house,
corporate counsel may deal with other immigration issues if the
company they work for does business internationally or has other
international concerns.
|
| |

Intellectual Property
|
| |
|
This area is perhaps the fastest-growing, hottest
area of law, with the demand for qualified lawyers exceeding
the supply. Attorneys in this field, with very few exceptions,
are required to have degrees in one of the hard sciences: engineering,
medicine, computer science, physics, etc. These practitioners
may be engaged in all aspects of copyright, trademark, licensing,
trade secrets, and patent law. Clients are usually businesses
involved in the chemical, medical and pharmaceutical, biological,
mechanical, electronics and computer technologies. Lawyers
assist them in acquiring, protecting and exploiting intellectual
property
assets, including patent preparation, prosecution, licensing
and litigation. Intellectual property attorneys can be found
in private law firms of all sizes. Many private law firms are "boutique" firms,
and limit their practice exclusively to intellectual property.
Corporations in these industries often hire their own, in-house
patent counsel.
|
| |

International Practice
|
| |
|
The term "international law" is really
a misnomer. There is no one practice area that could be described
as "international." Rather, an international practice
is one in which the attorney' s clientele consists of organizations
or individuals that conduct business internationally, or have
international clients themselves. Assets such as language skills
and multi-cultural experience are valuable to attorneys who
wish to engage in an international practice. These attorneys
are usually
those who first gain experience in transactional work, and
then acquire international clients over time. Few new attorneys
are
able to secure a job in an exclusively international practice.
An international practice can encompass all aspects of business
enterprise including mergers, acquisitions, joint ventures
and other investments; international finance; international
development
projects; international intellectual property rights; international
trade and finance; regulation of international trade; international
tax matters; international government representation; litigation
and regulatory compliance; international arbitration; and
international real estate matters. Lawyers in an international
practice can
also represent individuals and families in complex immigration,
residency, tax, estate planning, and corporate and investment
legal issues that cross the boundaries of the national legal
systems.
|
| |

Judicial Clerkships
|
| |
|
Judicial clerkships should be distinguished
from other "law clerk" positions. "Law clerk" is
usually the title given to a law student who assists an attorney
with research and writing duties. A judicial clerkship, however,
is a post graduate position, assisting a judge, usually for
a finite term of one or two years. Judicial clerkships are
found
in virtually every court in the land, from the Supreme Court
of the United States to county level district courts, at both
the trial and appellate level. These positions, at the federal
level and the state appellate level, are generally highly competitive
and require superior law school credentials and a demonstration
of superior legal writing skills. These positions are considered
to be quite prestigious, and many new lawyers who have served
as judicial clerks have found that the experience was not only
one of the most rewarding of the their legal careers, but that
the experience opens many doors, and expands opportunities
available to them at the conclusion of the clerkship.
|
| |

Legal Services
|
| |
|
Legal services are generally private, nonprofit
corporations which provide free legal representation in civil
and criminal matters to low income and elderly residents in various
geographic areas. Attorneys who join legal service organizations
have the opportunity to acquire experience quickly and develop
skills in a variety of civil and criminal matters. Legal issues
common to legal service organizations are family law matters,
landlord/ tenant disputes, criminal defense, fair credit practices
and other civil rights claims.
|
| |

Medical Malpractice
|
| |
|
The practitioner here will deal with claims
that question the standard of care rendered by a physician, dentist,
optometrist, chiropractor, or an employee of a hospital. An attorney
practicing in this area must understand not only legal principles,
but also must be knowledgeable as to the appropriate standard
of care to be exercised in a variety of health care professions
and settings. Representative issues can include those such as:
Did the medical professional fail to diagnose or misdiagnose
the patient' s condition resulting in injuries? Did the surgeon
perform a procedure improperly resulting in injury to the patient?
Did the nursing staff follow orders issued by the physician?
The attorney' s task is to simplify and focus the issues, and
to make a case involving complex medical facts, issues and analysis
as simple and straightforward as possible.
|
| |

Municipal Law
|
| |
|
State and local governments have need for many different kinds
of legal services. Some of those services are provided by attorneys
who are employed within the government entity, and others by
special outside counsel in private law firms who specialize in
the public sector practice. Those services required include general
advice and counseling, drafting agreements and legislation, advice
and assistance in the implementation of governmental programs,
and representation in judicial and administrative proceedings
at the federal, state and local levels. Substantive areas can
include public finance, education, securities regulation, hazardous
waste management, housing and urban development, land use control,
telecommunications, elections, and a host of other issues. Clients
of these lawyers include states and their agencies, board of
education, counties, cities, villages, townships, state and municipal
university and colleges, and some private sector entities in
their relations with public bodies.
|
| |

Probate Trust & Estate Planning
|
| |
|
Probate, Trust and Estate Planning attorneys
represent clients who run the gamut from the most modest of estates
to those that are highly complex, either because of the unusual
nature of the client' s assets and liabilities, or because of
the nature of the client' s business, commercial and other interests.
Services include
extensive review, analysis and recommendations with respect to
income, gift and estate tax matters, and well as pre-and post-death
personal and administrative aspects of a client' s estate. This
is another practice area with huge tax implications. Many of
these attorneys are CPAs or have accounting background. Attorneys
with this expertise are found in many different environments,
including private law firms of all sizes, and in organizations
such as banks, trust companies, and accounting firms. Clients
can be individuals or corporations.
|
| |

Real Estate
|
| |
|
Real estate law relates to any issue involving
real property. Many lawyers have a special expertise in real
estate law, while many others encounter tangential issues of
real estate law in other practice areas. Real estate tends to
be a fairly technical practice area with a lot of accounting
functions and tax implications. It is common for real estate
issues to be dealt with on a regular basis by tax and probate
and estate planning practitioners. Many in-house, corporate attorneys
deal with real estate issues. For example, many companies lease
retail space as part of their business, purchase large commercial
sites for their own office space, or lease space in their building
to other businesses. Real estate lawyers also represent individuals
making all kinds of real estate transactions. Title companies,
mortgage companies, and other lending institutions will also
hire real estate legal specialists. Government real estate lawyers
may deal with issues such as condemnation and eminent domain,
and are usually hired at the local level.
|
| |

Securities Law
|
| |
|
A security is simply a manifestation of an
investment in an enterprise. It may be a bond, a share of common
stock, a note, a limited partnership interest, interest in real
estate or any other tangible or intangible asset imaginable.
The practice is primarily transactional work, business counseling,
some litigation relating to investments, and the raising of capital
for the enterprise. Securities lawyers are found in private law
firms as well as in-house corporate counsel. Some government
entities also hire securities lawyers, the largest of course,
being the Securities and Exchange Commission. Day-to-day work
can address those issues associated with financing transactions,
public offerings, private placements, blue sky commissions (registration
requirements that vary from state to state), reporting requirements,
and SEC compliance. The client base can be diverse and dynamic
including private and public businesses, venture capitalists,
investment analysts, bankers, and securities brokerage houses.
|
| |

Tax Law
|
| |
|
Attorneys specializing in tax can be found in many employment
settings, in both the public and private sectors, including large
accounting firms. Clients can include individuals, government
bodies, private and public businesses from a small family business
to Fortune 500 corporations. Tax specialists work closely with
practitioners in other practice areas. Virtually everything a
lawyer does for a client will have a tax consequence, whether
it is a marriage dissolution or drafting a simple will, or advising
and executing complex commercial transactions. Whether the client
is an individual or a huge corporation, the tax lawyer' s goal
is to maximize the preservation of assets and the positive impact
on the bottom line. This is accomplished through careful tax
planning and counseling of clients, and advising clients on the
tax aspects of financing such as public and private offerings,
debt instruments, equity stakes and other tax-oriented investments.
Tax attorneys also provide advice to tax-exempt organizations
on the tax aspects of a wide range of organizational and operational
matters. These attorneys are highly knowledgeable in obtaining
tax-exempt status in the most expeditious manner and effectively
counseling such organizations on maintaining their tax-exempt
status.
|
| |

Tribal / Indian Law
|
| |
|
There are some lawyers who work exclusively with legal issues
affecting Native American tribes, Indian land and reservations,
and treaties. Attorneys are found in federal government bodies
such as the Bureau of Indian Affairs and The Indian Claims
Commission, which hears and determines claims against the United
States on
behalf of any Indian tribe. Private law firms also have lawyers
who specialize in matters relating to Indian lands and reservations,
tribal rights, and other legal issues affecting Native Americans.
Additionally, specific Indian tribes, which are recognized
as sovereign entities with the power to regulate their internal
and social organization, have lawyers who may be members of
the
tribe themselves, and/ or lawyers who are hired as "general
counsel," to handle the legal affairs of their tribe.
Public service agencies also serve the Native American community
with
lawyers who specialize in the Indian Child Welfare Act, and
others who serve children, the elderly, or indigent members
of the Native
American community.
|
| |

Workers' Compensation
|
| |
|
Practice in this area consists of representing
employees and employers in the administration of workers' compensation
benefits. Typically, law firms exclusively represent either employers
or employees, however there are some firms that will represent
both. On the employee' s side, counsel assists injured employees
in filing for benefits due as a result of industrial injury or
disease. It can also include the litigation of claims which are
appealed from the administrative process to the state court system.
On the employer side, lawyers are defending their clients against
such claims. Employer' s counsel can also be involved in counseling
and educating employers in establishing safety programs and other
methods designed to reduce industrial accidents and injuries.
In large law firms (generally defense-oriented with employer
clients) new lawyers who want to litigate often cut their teeth
on workers' compensation matters to gain trial experience before
moving on to more complex legal areas.
|
| |

To Sum it all Up ...
|
| |
|
It' s pretty hard to sum it all up. If nothing
else, you can see that there are a huge number of options for
you. We have discussed here only those areas which are generally
recognized as major fields of specialty. There are literally
hundreds of areas of sub-specialization and niche practice areas.
This summary is meant to be a concise resource for those just
beginning to explore a career in the law. When you begin law
school, and throughout your law school career, you are encouraged
to seek out other resources for more in-depth exploration. For
guidance and help to narrow your focus, seek the advice and assistance
of the Career Services Office, your law school professors, and
other legal professionals along the way.
|
| |
|
|
|