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On Being A Lawyer: Comments From the Bar Association
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Here are the responses of 10 attorneys to four questions
concerning the life of a lawyer.
Take a look at what they said, and reflect on their comments
as you decide whether a career in law is right for you. Their
comments have been minimally edited for grammar and clarity, and
we have sometimes added editorial comments (indicated
by brackets).
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What is the best part of your job?
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Attorney #1 (varied practice history, currently in own small
firm).
Having the opportunity to help people
with issues that are normally too complex or too emotional
for them to handle
without rational advice and counsel. This would mean helping
to resolve disputes. Our court system is the greatest dispute
resolution forum (in the world, I believe). It takes psychology
and business acumen to obtain a good result that, ideally,
is fair and that your client appreciates.
Attorney #2 (criminal defense and personal injury practice
in own small firm).
Helping people to solve problems that
arise.
Attorney #3 (litigation practice in larger local firm).
You
get to use your mind to earn a living; every day is different;
you work long hours but they are flexible; and, corny as
it may sound, [you get to] help people through difficult
situations.
Attorney #4 (public defender and private criminal defense
attorney).
The best part of my job by far
is the adrenaline rush of a jury trial. There is no
greater mental high than
defending a case against a stacked deck and still finding
a way to win. I also enjoy the theoretical aspect of
seeking
justice and defending those who cannot defend themselves.
Attorney #5 (county government).
Affecting the lives of real
people.
Attorney #6 (government; formerly in private practice).
[No response, but read on.]
Attorney #7 (plaintiffs' personal
injury, product liability, and commercial litigation, most
recently in own firm).
I have
spent 28 years in private practice. This profession has allowed
me to help people solve some of the most personal and complex
problems, while permitting me to make a good living, live
with prestige, and provide opportunity for dozens of employees
to
fulfill themselves and support their families. It has been
and is intellectually challenging and has introduced me to
tremendous trial lawyers across the country. I continue to
look forward to coming to the office.
Attorney #8 (criminal defense solo
practice).
The best part of my job is meeting
people, going into court, and being active
and busy during the day. Because I’m a solo practitioner,
I am able to take time off whenever I want.
Attorney #9 (private practice).
The best part of my experience
in private practice was finding a client who was reasonable.
Attorney #10 (software development
attorney, in-house corporation).
I enjoy the traditional
office attorney’s work of researching
and drafting loan contracts, particularly those for commercial
lending, but with a twist. I developed an outline prototype
form, like a guaranty or a note, then I outlined additions,
deletions, or other changes that reflected the different options
the software user wanted and reflected different jurisdictions’ laws.
. . . I enjoy developing an expertise on commercial lending,
resolving complex legal issues through research and careful
drafting, and creating practical and understandable solutions
for these issues in software and other mediums.
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What is the worst part of your job?
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Attorney #1
Three parts:
(1) Attorneys who are jerks.
It stinks working in a hostile environment. You can get more
resolved
cooperatively than with hostility.
(2) It is true that some clients,
even if you get them an excellent result, speak badly about
you after the matter is
finished and refuse to pay for the services for which they
agreed to pay. This means collecting bills and having to, essentially,
turn on the client to get paid. Fortunately, that is the exception
and not the rule and most clients work out payment schedules
or are so enamored with what has been done for them they send
in a gift! This second worst part of the job is increasing.
Legal services are not available for the poorest section of
every community. I volunteer and handle a greater number of
cases than most other attorneys I know. Our legislature is
turning the court system into a fee based system—“no
new taxes” means pay as you go, which is going to make
the system available to even fewer people. Since it is the
dispute resolution forum to keep us from anarchy, we move closer
to that result with each increase in fees. I can volunteer,
but cannot make the fee based system available to those who
cannot afford the [courts’] fees.
(3) This is also true of public
defenders who have had their pay frozen, staff cut, and cannot
represent those adequately
for which they have a statutory mandate. Again, those least
able to protect themselves are further pushed away from our
court system. “You have a right to an attorney and if
you cannot afford one, one will be appointed for you” has
a hollow ring when there is no one there to appoint because
we have an unfunded constitutional mandate. This impacts me
because there is a greater need [for services for the poor],
more confusion in court calendaring, and more people unprepared
for hearings.
Attorney #2
The amount of administrative
work that has nothing to do with the regular job.
Attorney #3
The system doesn’t
always work and justice is denied; [there are few other]
professions where someone
is trying to cause you to fail [as with litigation]; calling
a client and telling them we lost.
Attorney #4
The worst part of the job is dealing with
the bureaucracy. Every year it seems like the public defender
system
is teetering on the edge of bankruptcy. Our caseloads are
getting bigger and bigger and we are losing more and more qualified
people.
Attorney #5
Never having enough resources
to keep everyone happy.
Attorney #6
Private practice: billable hours, stress,
disappointing and frustrating process of litigation, having
to spend a significant
portion of salary on student loans. Government practice:
low pay, having to spend a large chunk of salary on student
loans,
little or no possibility for advancement.
Attorney #7
The worst part is dealing with
day to day management, training, and cash flow in a PI contingent
fee business, and
dealing with the risks and deadlines that are imposed by
the profession.
Attorney #8
Because I’m a criminal defense attorney,
some of the people I meet are not the brightest. Even in other
areas of practice, I have not always been liked by my clients.
The worst part about being in a solo practice is no reliable
income, as the number of clients fluctuates from month to month.
Most firms make you spend long hours working—50 to 60
hours per week.
Attorney #9
No one will be completely satisfied with
the outcome of the case/matter, including your client and your
boss.
Attorney #10
I strive to practice “preventative law.” Often,
clients act in the same manner as ill patients with doctors.
They are in crisis. The way they communicate or manifest their
thoughts and emotions reflects their stress. Stress often brings
out the very best and the very worst in individuals. While
I have a knack for empathetically addressing clients’ stress
and emotions, I much prefer identifying potential legal disputes
when heads are still cool and . . . creating fair solutions
to those disputes. This is akin to a doctor or health practitioner
encouraging wellness as opposed to curing illness.
In short, I prefer harmony to conflict, argument, and acrimony.
Even though I was pretty good at dealing with lawyers and judges
who were uncivil, high on drugs, unwilling to negotiate, dishonest,
and treacherous, I prefer not to do so. Collegiality is much
more likely in small legal communities than large cities, because
of the lack of anonymity in small communities.
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If you had it to do over, would you still choose a legal career?
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Attorney #1
I would do it again. I have
been in private company practice, public corporation practice,
private law firms, and
my own firm. I would want it all over again. It has been
exciting and varied and I cannot see any other occupation where
there
have been such varied opportunities. I have lived in Washington,
D.C., Washington state, and Minnesota as an attorney. I have
practiced with and against small town and Wall Street attorneys.
I have landed in St. Cloud to finish my career and live on
a lake, drive in the country, and raise my family.
Attorney #2
Yes—It seems that this is what I’m
good at.
Attorney #3
Who knows? I would
probably look harder at other professions [such as] teaching
and coaching. I don’t
regret my decision.
Attorney #4
Definitely. The only thing I would change
is to try to find a less expensive law school. The amount
of loans
you get during law school is absolutely outrageous. As a
result, it makes it very difficult to pursue honorable callings
and
instead you have to worry about making your monthly payments.
Attorney #5
Yes, I would get into this business.
But I would do what I really wanted to do
for my college major, rather
than what I thought I’d “need” for law school.
You’ll just start all over again with your thought processes
in law school anyway!
Attorney #6
No. I would have pursued
a Master’s Degree
in Business instead, which would lead to a more financially
lucrative, more flexible, and less stressful career.
Attorney #7
Absolutely. I am strongly encouraging
my kids to go to law school.
Attorney #8
I would choose a legal career again,
but I would have done some things differently. See my comments
to Question 4 below.
Attorney #9
No. The practice of law draws a
certain personality type; most attorneys will not admit
that a mistake has been
made, or will blame a mistake on someone else. I do not know
if law schools attract this type of person, or if people
who enter law school are brainwashed [there].
Attorney #10
Yes. When I made the change [from
solo practice to corporate] to reflect my way of practicing
law, I was surprised
that at least one-third of the lawyers I spoke to said
that
they would not have chosen a legal career if they had to
do it all over again. I am satisfied, because I made
adjustments
to my career to better reflect my personality and my dream
of serving the needs of small business.
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Any words of advice you would offer to a prospective law student?
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Attorney #1
Be a doctor. Failing
that, do not expect that you will end up where you think.
As with any profession, it
takes initiative to find things you want and to try them. Plan
on trying
a few different things first (with a small firm, with a big
firm, with government) and get a good background. When the
economy
goes down, you do better because you are ready for the next
opportunity. Do an internship if you can find one—don’t expect
to be paid, as it makes it harder to get the internship—rather,
offer your services, even part-time without pay, to get the
view of what is happening and insight in what to do. What is
guaranteed
is [that your career] will never end up as you [predicted it
would].
Attorney #2
Make sure that this is what you want
to do. Gerry Spence always writes that [the practice of law]
is 90% hard
work, and he may be a little light.
Attorney #3
Know why you want to
be a lawyer; have a plan regarding what you are going to
do when you graduate—don’t
just let it happen. The job market is tough; the effort you
put into getting good grades in law school will give you many
more options when you graduate (although grades have very little
to do with how good a lawyer you will be).
Attorney #4
Do not go to law school
directly from college. Take a few years to live life first.
Go to Europe, join the
Peace Corps or Americorps, teach in Japan. Do anything to clear
your mind of the past 16+ years of studying—just don’t
go right to law school. Life is too short. Once you go to law
school, you will never have a chance to do these things again,
so do them while you are young.
Attorney #5
Practicing law is not
about making money; it’s
about working hard to accomplish things that really matter.
If you are thinking you are getting into this career to make
big bucks and work short hours, you could not be more wrong,
for government or private practice. That being said, there
are never too many GOOD lawyers, so if you know you can be
a GOOD one, don’t let anything get in the way of accomplishing
your goal.
Attorney #6
(1) Check on the statistics
regarding attorney dissatisfaction prior to making your decision
to go to law
school, and don’t assume you will be the exception. Try
to find out how many lawyers (even successful ones) burn out
or change careers after a few years of practicing and try to
find statistics regarding the rate of alcoholism and depression
in the legal community before you make your decision. (One
good resource is the organization Lawyers Concerned for Lawyers.)
(2) Wait to go to law school until
you are older and already have an established career to fall
back on. Then, you will
still be able to support yourself and pay your student loans
even if you don’t like practicing law. Additionally,
it will be easier to work your way into a legal specialty such
as medical malpractice or patent law if you already have experience
in a particular area. For example, companies are always looking
for experienced nurses, engineers, and accountants with J.D.s.
(3) If you are idealistic and going
to law school because you are interested in doing public
interest work (which is
notoriously underpaid), consider finding another career that
will allow you to contribute to society, but won’t require
such an expensive education. Also, remember that for the most
part attorneys get involved in a problem only once it has become
a problem, so if your goal is prevention, you many not even
need a law degree. If you later decide a law degree is necessary
to accomplish your objectives, then go for it.
(4) If you want to do well in law school, be prepared to give
up your life for the next three years. Many new students go
to law school assuming they will have an easier time of it
than the other students because their previous educational
successes have been achieved with very little effort. Remember,
for example, those last minute 20-page papers where you got
the highest grade in the class? Things will be much different
in law school, however, because you will be competing with
others just like you, and the demands and expectations are
much greater.
(5) Law school will definitely make you a more humble person,
so if you need that sort of adjustment to your personality,
it might be a good idea for you.
(6) Despite the negative aspects
of law school and the profession of law, a legal education
does provide useful skills that can
be applied anywhere and some people really enjoy what they
do. You really need to weigh the costs and benefits for yourself,
but do so only after receiving all the information you can.
I’ve found that you can’t really talk anyone out
of [going to] law school, especially if they are really set
on going. I do get a slight pleasure, however, in checking
in with them after their first year of law school, once they
fully realize that the warnings were not an exaggeration.
(7) If you decide to go to law school
despite all of the warnings you have received, allow yourself
to quit if you realize it
isn’t for you, and before you incur an enormous amount
of debt. Despite your optimism, it’s not going to get
better and practicing law will probably be even worse. If,
on the other hand, you happen to love law school and/or someone
else is paying for your education, then congratulations and
best wishes on your new career. [Pre-Law Advisor: I agree with
this attorney that you should consider “pulling the plug” if
you are unhappy in law school. However, you need to give it
at least one full semester before you make this decision. Many
folks are unhappy, apprehensive, and stressed during the first
semester—that’s normal. Once you “get your
feet wet” and get used to the rigors of law school, you
will probably feel better about the whole thing. If you don’t,
you should consider withdrawing, but you should at least give
yourself and the law school a fair chance by attending for
a semester or two.
Attorney #7
INTEGRITY. Be true to your values, be
honest, be disciplined and care about your clients first and
employees
second, and you will succeed. Find a mentor, and listen.
Attorney #8
The job market is very tight. There
are too many lawyers, and not enough jobs. Unless
your grades are A++, figure
your starting salary will be $40,000 (which is a lot lower
than most people would think). Even if your grades are good,
that does not guarantee a job. I know several attorneys that
graduated from the University of Minnesota Law School and passed
the bar that still do not have a job. Then if you work for
a firm, the first few years will be spent writing papers only,
and you’re stuck doing research for other attorneys.
Becoming a prosecutor is difficult because lots of attorneys
want that job.
When choosing what school to attend,
go to a school in the state you want to practice in. I cannot
stress that enough—unless
you are going to Harvard or Yale. I went to an out-of-state
school that was ranked in the top 20 schools in the nation,
but the employers here did not interview at my school and they
did not know it was highly regarded. Take as many hands-on
classes as you can such as mock trial, legal clinics, internships,
etc. The practical experience is more important than most of
the classes you take. Become a research assistant to a professor—that
is when you learn a lot.
As for what to do in undergraduate classes, I would take many
criminal law-type classes. It will give you a heads-up on what
court is like. I got the impression from schools that they
were looking for students with diverse backgrounds. So, double-major
in something non-law related. I did sociology and archeology.
It makes you stand out on your applications. I do not think
schools care any more if your major was pre-law or something
else. If you want a high-paying (but boring) career, get an
engineering degree and get into law school. Even with low grades,
firms are always hiring patent law attorneys.
Law school has two purposes: to
make you think and write like a lawyer, and to teach you
the basics of the law. So, I highly
recommend that in the summer before you start law school, take
the Bar-Bri [bar review] class. That will give you a huge leg-up
on other students as you will not have to spend as much energy
figuring out the law. (You’ll understand what I mean
once you are in law school.) Then, in law school you can hone
your skills. This is the one thing I wish I would have done,
as most of law school is spent just trying to get a handle
on what the law says and the cases mean.
Attorney #9
Think about this decision,
and shadow a number of attorneys. Remember that there are
four law schools in this
state alone, and calculate the number of lawyers that will
graduate from these schools each year. Go to law school because
you want to; if you figure out during your second or third
year that you don’t like it, leave. There’s nothing
wrong with that.
Attorney #10
Think about the kind of law you want
to practice, then talk to lawyers who practice in this area
to determine
what their typical day is like (hours worked, type of work,
what they liked and disliked, schedules, and what is the
ideal or required background, skills, and education for that
particular
job). Many lawyers are open to helping you if you do your
homework first.
If you want to become a litigator,
sit in a few different types of trials—criminal, divorce, personal injury, business
disputes. Decide whether or not you’d enjoy the conflict
and the formal manner of communicating under court evidentiary
and procedural rules. Also, introduce yourself to the clerk
of court, who files legal trial documents, and request to review
documents for a particular action. [Most court files are considered
public records.] Reviewing a file will enable you to determine
what a typical litigator does outside of a trial. About 95%
of all litigation is settled without a trial, so this is where
you will probably spend most of your time as a litigator.
Furthermore, don’t expect to find [law practice], particularly
[litigation], to be as glamorous and financially rewarding
as Hollywood dramatizes. Most of the work requires a methodical,
thorough, and meticulous character to devise legal solutions.
In addition, litigators, mergers/acquisitions, and securities
lawyers must have physical stamina to adequately pull “all
nighters.” Starting out as an associate in a large firm
requires daunting hours. Often to create 1800-2200 billable
hours per year requires 25-30% more time [than that]. Large
law firms, like large accounting firms, make money by billing
out associates’ time at a higher rate than they pay associates.
Choose a large firm carefully. Some offer a more balanced life,
but many do not. Also realize that you may [be forced to work
for a large firm and live an unbalanced life] if you have large
student loans.
If you want to become a general business lawyer, familiarize
yourself with accounting, finance, and business entities. If
you want to further narrow your focus to patent and trademark
law, become knowledgeable about science or software design.
[Pre-Law Advisor: For intellectual property attorneys generally,
and patent attorneys specifically, it helps a lot to have an
undergraduate science or engineering degree.] Likewise, if
you want to represent musicians, artists, and writers, understand
their business. In short, understand the types of businesses
you want to represent and interview lawyers who represent them
to understand what type of background, skills, and personality
best fit this type of clientele.
Lastly, know how to network, write,
research, and speak well. Legal work is often broken down
into “grinders, minders,
and finders.” The grinders are the folks who do the work;
the minders are the managers of those who do the work; and
the finders are the rainmakers who find the work. Decide which
role you want and go for it!
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