As our laws grow more complex, the work of lawyers takes on broader significance. Laws affect our lives in a variety of ways as the legal system performs regulatory tasks in areas such as transportation, energy conservation, consumer protection, the environment, and social welfare. Lawyers interpret these laws, rulings, and regulations for individuals and businesses, and serve as their advocates in resolving disputes. When disputes must be settled in court, judges hear each side of the disputes and administer resolutions.
Nature of the Work:
Lawyers, also called attorneys, act as both advocates and advisors in our society. As advocates, they represent one of the opposing parties in criminal and civil trials by presenting arguments that support the client in court As advisors, lawyers counsel their clients as to their legal rights and obligations and suggest particular courses of action in business and personal matters.
Whether acting as advocates or advisors, nearly all attorneys have certain activities in common. Probably the most fundamental activities are the interpretation of the law and its application to a specific situation. This requires in-depth research into the purposes behind the applicable laws and into judicial decisions that have been applied to those laws under circumstances similar to those currently faced by the client Based on this research, attorneys advise clients what actions would best serve their interests.
Lawyers must deal with people in a courteous, efficient manner and not disclose matters discussed in confidence with clients. They hold positions of great responsibility, and are obligated to adhere to strict rules of ethics.
Finally, most lawyers write reports or briefs which must communicate clearly and precisely. The more detailed aspects of a lawyer's job depend upon his or her field of specialization and position.
While all lawyers are allowed to represent parties in court, some appear in court more frequently than others. Some lawyers specialize in trial work. These lawyers need an exceptional ability to think quickly and speak with ease and authority, and must be thoroughly familiar with courtroom rules and strategy. Trial lawyers still spend most of their time outside the courtroom conducting research, interviewing clients and witnesses, and handling other details in preparation for trial.
Although most lawyers deal with many different areas of the law, a significant number concentrate on one branch of law, such as admiralty, probate, or international law. Communications lawyers, for example, may represent radio and television stations in court and in their dealings with the Federal Communications Commission. They help established stations prepare and file license renewal applications, employment reports, and other documents required by the FCC on a regular basis. They also keep their clients informed of changes in FCC regulations. Communications lawyers help individuals or corporations buy or sell a station or establish a new one.
Lawyers who represent public utilities before the Federal Energy Regulatory Commission and other Federal and State regulatory agencies handle matters involving utility rates. They develop strategy, arguments, and testimony; prepare cases for presentation; and argue the case. These lawyers also inform clients about changes in regulations and give advice about the legality of their actions.
Lawyers in private practice may concentrate on civil law, areas such as litigation, wills, trusts, contracts, mortgages, titles, and leases. Some manage a person's property as trustee or, as executor, see that provisions of a client's will are carried out. Others handle only public interest cases, civil or criminal, which have a potential impact extending well beyond the individual client.
A lawyer may be employed full time by a single client. If the client is a corporation, the lawyer is known as house counsel and usually advises a company about legal questions that arise from its business activities. These questions might involve patents, government regulations, a business contract with another company, a property interest, or a collective bargaining agreement with a union.
Attorneys employed at the various levels of government constitute still another category. These lawyers are an important part of the criminal justice system and may work for a State attorney general, a prosecutor or public defender or a court. At the Federal level, attorneys may investigate cases for the Department of Justice or other agencies. Also, lawyers at every government level help develop laws and programs, draft and interpret legislation, establish enforcement procedures, and argue cases.
Other lawyers work for legal aid societies, private, nonprofit corporations established to serve disadvantaged people. These lawyers generally handle civil rather than criminal cases. A relatively small number of trained attorneys work in law schools. Most are faculty members who specialize in one or more subjects, while others serve as administrators. Some work full time in nonacademic settings and teach part time
Working Conditions:
Lawyersdo most of their work in offices, law libraries, and courtrooms. Lawyers sometimes meet in clients' homes or places of business and, when necessary, in hospitals or prisons. They frequently travel to attend meetings; to gather evidence; and to appear before courts, legislative bodies, and other authorities.
Salaried lawyers in government and private corporations generally have structured work schedules. Lawyers in private practice may work irregular hours while conducting research, conferring with clients, or preparing briefs during non-office hours. Lawyers often work long hours, and about half regularly work 50 hours or more per week. They are under particularly heavy pressure, for example, when a case is being tried. Preparation for court includes keeping abreast of the latest laws and judicial decisions.
Although work generally is not seasonal, the work of tax lawyers and other specialists may be an exception. Since lawyers in private practice can often determine their own workload and when they will retire, many stay in practice well beyond the usual retirement age.
Employment:
A majority of the lawyers practiced privately, either in law firms or in solo practices. Most of the remaining lawyers held positions in government, the majority at the local level. In the Federal Government, lawyers are concentrated in the Departments of Justice, Treasury, and Defense, but they work for other Federal agencies as well. Other lawyers are employed as house counsel by public utilities, banks, insurance companies, real estate agencies, manufacturing firms, welfare and religious organizations, and other business firms and nonprofit organizations. Some salaried lawyers also have part-time independent practices; others work as lawyers part time while working full time in another occupation.
Many people trained as lawyers are not employed as lawyers or judges; they work as law clerks, law school professors, managers and administrators, and in a variety of other occupations.
Training, Other Qualifications, and Advancement:
To practice law in the courts of any State or other jurisdiction, a person must be licensed, or admitted to its bar, under rules established by the jurisdiction's highest court. Nearly all require that applicants for admission to the bar pass a written bar examination. Most jurisdictions also require applicants to pass a separate written ethics examination. Lawyers who have been admitted to the bar in one jurisdiction occasionally may be admitted to the bar in another without taking an examination if they meet that jurisdiction's standards of good moral character and have a specified period of legal experience. Federal courts and agencies set their own qualifications for those practicing before them.
To qualify for the bar examination in most States, an applicant must complete at least 3 years of college and graduate from a law school approved by the American Bar Association (ABA) or the proper State authorities. (ABA approval signifies that the law school, particularly its library and faculty meets certain standards developed by the association to promote quality legal education. With certain exceptions, graduates of schools not approved by the ABA generally are restricted to taking the bar examination and practicing in the State or other jurisdiction in which the school is located.
The required college and law school education usually takes 7 years of full-time study after high school 14 years of under-graduate study followed by 3 years in law school. Although some law schools accept a very small number of students after 3 years of college, most require applicants to have a bachelor's degree.To meet the needs of students who can attend only part time, a number of law schools have night or part-time divisions which usually require 4 years of study
Preparation for a career as a lawyer really begins in college. Although there are no recommended prelaw majors the choice of an undergraduate program is important. Certain courses and activities are desirable because they give the student the skills needed to succeed both in law school and in the profession.
Essential skills, proficiency in writing, reading and analyzing, thinking logically, and communicating verbally, are learned during high school and college. An undergraduate program that cultivates these skills while broadening the student's view of the world is desirable. Majors in the social sciences, natural sciences, and humanities all are suitable, although a student should not specialize too narrowly. Regardless of one's major, courses in English, a foreign language, public speaking, government, philosophy, history, economics, mathematics, and computer science, among others, arc useful.
Students interested in a particular aspect of law may find related courses helpful; for example, engineering and science courses for the prospective patent attorney, and accounting for the future tax lawyer. In addition, word processing is advisable simply for convenience in law school and on the job.
Acceptance by most law schools depends on the applicant's ability to demonstrate an aptitude for the study of law, usually through good undergraduate grades, the college admission test, the Law School Admission Test (LSAT), the quality of the applicant's undergraduate school, any prior work experience, and sometimes a personal interview. However, law schools vary in the weight that they place on each of these factors.
Nearly all law schools require that applicants take the LSAT and submit a Law School Data Assembly Service Report, which contains certified copies of the applicant's LSAT scores and undergraduate college transcript. Both are administered by the Law School Admissions Service.
During the first year or year and a half of law school, students generally study fundamental courses such as constitutional law, contracts, property law, torts, judicial procedures, and legal writing. In the remaining time, they may elect specialized courses in fields such as tax, labor, or corporation law. Practical experience often is acquired by participation in school-sponsored legal aid or legal clinic activities, in the school's moot court competitions in which students conduct appellate arguments, in practice trials under the supervision of experienced lawyers and judges, and through research and writing on legal issues for the school's law journal.
A number of law schools have clinical programs where students gain legal experience through practice trials and law school projects under the supervision of practicing lawyers and law school faculty. Law school clinical programs might include work in legal aid clinics, for example, or on the staff of legislative committees. Part-time or summer clerkships in law firms, government agencies, and corporate legal departments also provide experience that can be extremely valuable later on. Such training can provide references or lead directly to a job after graduation, and can help students decide what kind of practice best suits them. Clerkships also may be an important source of financial aid.
Graduates receive the degree of juris doctor (J.D.) or bachelor of law (LL.B.) as the first professional degree. Advanced law degrees may be desirable for those planning to specialize, do research, or teach. Some law students pursue joint degree programs, which generally require an additional year. Joint degree programs are offered in a number of areas, including law and business administration and law and public administration.
After graduation, lawyers must keep informed about legal and non-legal developments that affect their practice. Attorney representing electronics manufacturers, for example, must follow trade journals and the latest Federal regulations. Attorneys in the Department of State must remain well versed in current events and international law, while divorce lawyers read about the changing role of the family in modern society. Many law schools and Stale and local bar associations provide continuing education courses that help lawyers stay abreast of recent developments.
The practice of law involves a great deal of responsibility. Persons planning careers in law should like to work with people and be able to win the respect and confidence of their clients, associates, and the public. Integrity and honesty are vital personal qualities. Perseverance and reasoning ability are essential to analyze complex cases and reach sound conclusions. Lawyers also need creativity when handling new and unique legal problems.
Most beginning lawyers start in salaried positions. Newly hired salaried attorneys usually act as research assistants to experienced lawyers or judges. After several years of progressively more responsible salaried employment, many lawyers are admitted to partnership in their firm, or go into practice for themselves. Some lawyers, after years of practice, become full-time law school faculty or administrators; a growing number have advanced degrees in other fields as well.
Some persons use their legal training in administrative or managerial positions in various departments of large corporations. A transfer from a corporation's legal department to another department often is viewed as a way to gain administrative experience and rise in the ranks of management
Job Outlook:
Persons seeking positions as lawyers should encounter competition through the year, although the degree of competition for lawyer positions is expected to gradually ease. The prestige associated with serving as a judge should insure continued intense competition for openings on the bench. Employment of lawyers has grown very rapidly and is expected to continue to grow much faster than the average for all occupations through the year. Increased population and growing business activity will help sustain the strong growth in demand for lawyers. This demand also will be spurred by growth of legal action in such areas as employee benefits, consumer protection, the environment, and safety, and an anticipated increase in the use of legal services by middle-income groups through legal clinics and prepaid legal service programs.
Rapid growth in the Nation's requirements for lawyers is expected to bring job openings into rough balance with the relatively stable number of law school graduates each year, which will gradually ease competition for jobs through the year. Although graduates with superior academic records from well-regarded law schools will continue to enjoy excellent opportunities, most graduates will encounter keen competition for jobs.
Employment growth of lawyers will continue to be concentrated in salaried jobs, as businesses and all levels of government employ a growing number of staff attorneys, and as employment in the legal services industry is increasingly concentrated in larger law firms. The number of self-employed lawyers is expected to continue to increase slowly, reflecting the difficulty of establishing a profitable new practice in the face of competition from larger, established law firms. Also, the growing complexity of law which encourages specialization and the cost of maintaining up-to-date legal research materials both favor larger firms.
Large national and regional law firms will continue to be selective in hiring new lawyers for associate positions that offer the potential for partnership status. Graduates of prestigious law schools and those who rank high in their classes should have the best opportunities for such positions. Graduates of less prominent schools and those with lower scholastic ratings may experience difficulty in securing associate positions with partnership potential but should experience an easing of competition for positions with smaller law firms, and for salaried jobs on the legal staffs of corporations and government agencies.
As in the past, some graduates may continue to be forced to accept positions for which they are overqualified or in areas outside their field of interest. They may have to enter fields where legal training is an asset but not normally a requirement. For example, banks, insurance firms, real estate companies, government agencies, and other organizations seek law graduates to fill many administrative, managerial, and business positions.
Due to the competition for jobs, a law graduate's geographic mobility and work experience assume greater importance. The willingness to relocate may be an advantage in getting a job, but to be licensed in a new State, a lawyer may have to take an additional State bar examination. In addition, employers increasingly seek graduates who have advanced law degrees and experience in a particular field such as tax, patent, or admiralty law. Establishing a new practice probably will continue to be easiest in small towns and expanding suburban areas, as long as an active market for legal services already exists. In such communities, competition from larger established law firms is likely to be less than in big cities, and new lawyers may find it easier to become known to potential clients; also, rent and other business costs are somewhat lower. Nevertheless, starting a new practice will remain an expensive and risky undertaking that should be weighed carefully. Most salaried positions will remain in urban areas where government agencies, law firms, and big corporations are concentrated.
Some lawyers are adversely affected by cyclical swings in the economy. During recessions, the demand for some discretionary legal services, such as planning estates, drafting wills, and handling real estate transactions, declines. Also, corporations are less likely to litigate cases when declining sales and profits result in budgetary restrictions. Although few lawyers actually lose their jobs during these times, earnings may decline for many. Some corporations and law firms will not hire new attorneys until business improves. Several factors, however, mitigate the overall impact of recessions on lawyers. During recessions, individuals and corporations face other legal problems, such as bankruptcies, foreclosures, and divorces that require legal action. Furthermore, new laws and legal interpretations will create new opportunities for lawyers.
Related Occupations:
Legal training is useful in many other occupations. Some of these are legal assistant, arbitrator, journalist, patent agent, title examiner, legislative assistant, lobbyist, FBI special agent, political office holder, and corporate executive.
