Legal Career Options
Your law degree opens the door to an immense variety of career options, both legal and nonlegal. Take the time during your academic tenure to explore more than one of these professional paths through attendance at career panels, talking with professors, networking with attorneys, reading trade publications and taking part in legal and nonlegal professional associations. Although some people might feel constrained to choose a “traditional” legal career path, we hope you will feel comfortable to spread your wings and explore where your passion takes you! The descriptions of possible career paths presented below are by no means meant to be exhaustive. Please refer to the handout entitled “Guide to Resources in Career Services” for bibliographical references that explore additional options. In addition, for more specific information on alternatives to legal practice, pick up the handout entitled “Legal Career Alternatives.”
GOVERNMENT
Federal, state and local governments offer numerous legal and law-related career options. There are many advantages to government employment: the opportunity to work on issues of public significance affecting many people, advanced levels of responsibility, good job benefits, manageable work hours, and job security. The pay for government positions may be lower than in the private sector, but government employees generally recognize a “psychic reward” that outweighs monetary compensation.
Government lawyers sometimes find that their work is distinguished by the absence of an easily ascertainable client. Frequently the client is a conglomeration of public interests. For many attorneys this is a positive aspect of government practice, while for those who crave intense client involvement, it may be a negative.
Federal Government. Although the majority of legal and law-related positions in the federal government are located in Washington, DC, federal jobs exist in every state and in many foreign countries. Most federal agencies have regional offices here in the Bay Area; with a little persistence you can probably arrange networking interviews at agencies that interest you.
Federal work varies according to the nature and mission of the agency. Specialties that are represented in the federal government include, but are not limited to, criminal law, admiralty, international law, taxation, finance, labor, energy, antitrust and civil rights. Federal attorneys are involved in administrative, regulatory and advisory processes, brief and opinion writing, legislative drafting, research and review of special problems, and litigation at administrative, trial court and appellate levels. The Department of Justice (DOJ) is the largest federal agency employer of attorneys. Its Honors Program for new JD’s is the most well-known of any of the government programs. Hastings is a regional interview site for the DOJ, with interviews for pre-selected second years (Intern Program) and graduating students held each fall. If you are interested, check for the date and time of the fall orientation program.
Nonlegal government jobs in which a law background might be relevant include: investigator and criminal investigator, claims examiner, legal assistant, archivist, budget analyst, contract negotiator, information specialist, intelligence specialist, procurement agent, realty specialist, revenue officer, supply specialist, tax technician, writer and editor. Hiring agencies include the Department of Health and Human Services, Department of Labor, Social Security Administration and the FBI, among others.
Federal agencies do not have uniform hiring polices and jobs often are under-advertised. Therefore, networking and creativity must be an integral part of a job search plan.
State and Local Government. The lion’s share of government work for law graduates is in state and local government. The issues faced by state and local government lawyers may be more localized than at the federal level. District attorneys, public defenders, county counsel, city attorneys, administrative agencies and attorneys general are the most visible employers. Specialty fields include, but are not limited to: criminal law, environmental law, consumer law, municipal law, labor law, family law, education law and juvenile law. Additional opportunities are available in superior and municipal courts, and in school districts.
District Attorneys and Public Defenders tend to be the most visible of state and local attorneys. In addition, all local political sub-divisions at one time or another require legal representation on issues of land use, administrative law, taxes and finance, affirmative action, employment discrimination, state and federal constitutional principles, housing contracts and personnel. This work is conducted most often by city attorney and county counsel offices. These attorneys initiate and defend civil litigation for the entity they represent. They also provide advice on tax and other revenue measures, bond issues, contracts for the purchase of goods and services by public agencies, matters relating to public employees, the regularity and validity of local regulatory measures and a variety of other problems of local government. For small towns or counties, this work may be handled only on a part-time basis; in larger entities representation is handled by one or more full-time attorneys who function much like an in-house legal department in a corporation.
As with federal government positions, hiring procedures vary widely. Again, persistence and networking are two keys for finding employment in these areas.
Military. The offices of the Judge Advocates General (JAG) of the four branches of military service recruit 200 to 300 attorneys each year to enter the military as commissioned officers. JAG officers are usually recruited directly from law school. A small number of openings also occur each year for civilian attorneys in areas such as procuring government contracts, but these positions almost always require some legal experience after passing the bar. JAG officers serve on military installations throughout the world, representing service men and women in cases from courts-Marshall to disputes involving civilian matters. JAG officers generally enjoy a unique level of legal responsibility from an early stage in their careers. There are also opportunities with the U.S. Coast Guard.
Resources in the Career Services Office to start with when investigating government work include:
“For the People: Government Practice,” in the book Full Disclosure.
Federal Careers for Attorneys, Federal Reports, 1991.
Federal Law-Related Careers Directory, Federal Reports, 1994.
Now Hiring: Government Jobs for Lawyers, ABA, 1997-98.
PUBLIC INTEREST ORGANIZATIONS.
The commonly accepted definition of a public interest lawyer is one who provides representation and advice to individuals and groups who lack equal access to the legal system because of some type of disadvantage or disenfranchisement whether economic, environmental, societal or otherwise. Public interest attorneys do not choose their cases or design their practices based on financial considerations. This often results in comparatively low salaries with limited support staff, research facilities, and other types of logistical support. The advantages, however, of this kind of work include opportunities to express one’s political and social interests professionally as well as personally and possible opportunities for client contact and community organization and education. In addition, public interest attorneys generally get hands-on experience at a much earlier stage than most (but not all) private sector attorneys. This is because public interest organizations, due to budgetary constraints, are leanly staffed. Another advantage to working in a public interest organization is that the work atmosphere is generally more casual and less hierarchical than in the private sector.
Depending on the public interest organization, law school grades are less emphasized in the hiring process than a demonstrated interest and commitment to public interest. Because of recent budget cutbacks, competition for jobs in this arena can be intense. For this reason, networking and some degree of geographic flexibility are extremely important.
An Overview of Traditional Public Interest Practice Areas
The following is a general overview of some of the traditional practice options in public interest. Other opportunities exist with citizens’ groups, community and social action organizations, and institutions that emphasize the non-litigation aspects of lawyering.
Legal Services offices are non-profit organizations that provide free representation to indigent clients in civil proceedings. The predominant legal aid issues are housing, government benefits, domestic violence, and immigration. Some offices focus on a particular client community. The bulk of the work in legal services involves direct service to individual clients, but most programs also handle some impact litigation and community education.
Private Public Interest Law Firms are often small firm practices in which the lawyers have a common interest in a particular cause, policy or population. These lawyers devote a substantial portion of their practices to those causes, policies or populations, regardless of whether or to what extent they are paid for their work. Examples of these practices are discrimination (race, age, gender, sexual orientation, etc.), children’s rights and immigration practices. Often these lawyers devote some portion of their work to other more traditional types of practice to support their public interest work, but the cause-related work generally takes precedence.
Like many small law firms, private public interest firms hire only when the need presents itself. However, they are also often swamped with work and amenable to creative offers of assistance and clerking possibilities. A clerkship with such a firm may just lead to a permanent position, and certainly, should a permanent position open up, a candidate with whom the firm has previously worked will have an edge. Attorneys with these firms are often members of the National Lawyers Guild; therefore, participation in the Guild as a student provides a good source of networking. In fact, summer jobs may be available through the National Lawyers Guild Summer Program.
Public Interest Litigation Organizations specialize in class action and impact litigation. Most are non-profit organizations. Examples of public interest litigation firms include Public Advocates, NAACP Legal Defense Fund, ACLU, Natural Resources Defense Council, and Environmental Defense Fund. Some of these employers routinely list jobs with the Public Interest Clearinghouse and Career Services and they occasionally recruit on campus. It is important to apply for summer positions with these organizations early in the application period (October-November for some). Check carefully for deadlines. Openings for permanent positions are rare, but when they do arise, those who have already worked for the organization (e.g., through summer positions or post-graduate fellowships) usually receive preference.
Public Interest Research Groups (PIRGs) are public interest advocacy organizations that concentrate on lobbying and research analysis. Court appearances are rare; they focus their efforts on the direct impact of policy. PIRG attorneys usually have a strong community base to function successfully. Much of their effort goes into coordinating campaigns to develop community support and education for particular issues of concern and relevance in that community. Like public interest litigation firms, a common mode of entry into these organizations is a one or two-year fellowship upon graduation. PIRGs will sometimes come to campus to stimulate interest in their fellowships. Some summer positions exist for those with work-study funds. Semester programs may also be available. PIRGs are located in many states, including CalPIRG here in California.
If you would like to learn more about public interest work, seek support and information from your classmates, professors, Hastings Public Interest Law Foundation (HPILF), Career Services and the Public Interest Clearinghouse located at 47 Kearney Street, Suite 705, San Francisco. Their phone number is 415.834.0100 (http://www.pic.org).
For additional insight regarding some of the distinctive qualities of public interest practice, three good sources are (1) the Harvard Public Interest Job Search Guide, (2) the section entitled “The Good Guys: Public Interest Advocacy” in Full Disclosure, and (3) The Public Service Employer Directory (Part I: The Settings and Practice Areas of Public Service Legal Work), all of which are available in the Career Office.
PRIVATE PRACTICE
An attorney might enter private practice for a variety of different reasons, including:
● recognition of the value of extensive associate training
● desire for financial reward at larger firms;
● interest in a specific practice area (e.g., intellectual property, employment)
● desire to work with a particular type of clientele (e.g., high-profile clients, clients from a particular section of society or industry, etc.)
● desire to be one’s own boss and enter solo practice;
and many other reasons.
Law firm practices vary by type of client, specialty and size.
Large and Medium Size Firms: Most large and medium size firms practice a variety of specialties in a framework of general commercial civil law, although some firms also practice in other areas such as criminal defense (usually white collar) and estate planning. Large firms usually serve corporate clients or large trade associations, although there are exceptions. They may handle individual clients in some situations like criminal defense and estate planning matters.
While the disadvantages of working for this type of employer depend on the organization and one’s personal value system, many associates become frustrated about the lack of control they have over the amount of work, long work days (10-12 hour days are typical), and the pressures of making partner (which includes pressures to bring in clients). Typically firms make partnership decisions after associates have been with the firm for 6-9 years. Additionally, as a new associate, you must realize that you will most often not have control over ethical and political decisions with regard to client representation and lawyering strategy.
The advantages of working for a large or mid-sized firm can include a salaried income (often substantially higher than in other organizations), formal training, and the opportunity to specialize in complex legal issues and pursue legal work without as much involvement in non-legal aspects of practice (e.g., management) as you would in a smaller firm. Partners or associates in larger firms who are members of a firm committee will, however, have some form of management responsibility. You also have the shared resources of a substantial law library and significant support staff. Most large firms also afford associates opportunities to work on pro bono cases outside the area of traditional corporate practice, although associates still need to work on billable cases to meet the expected minimum billable hours (whether or not the firm acknowledges the existence of a minimum billable hour expectation). Some firms, but not all, have a policy which counts pro bono hours toward billables.
In terms of hiring criteria, you should also be aware that large law firms tend to recruit students and even lateral associates using a high class rank as a selection criteria. By contrast, many small and medium size firms are far more interested in a candidate’s prior work experience and have less interest in class rank.
Small Firms and Solo Practice: Small firms and solo practitioners generally have either a fairly broad general practice or a narrow “boutique” practice. Estate planning, small business practice, personal injury, environmental, civil rights, family, juvenile, immigration, criminal, and labor and employment law are some of the different areas that may be covered by a small firm or solo practitioner. Some of these firms are organized around political or social issues and may be referred to as “alternative” or “community” law firms.
Some general practitioners complain of being spread too thinly. In addition, lawyers in small practices must generally attend to the business side of the law firm, requiring a completely different set of professional skills. For some lawyers, this business component to the practice is attractive, for others it is less so.
There are, however, many advantages to working with a small firm: more intimate working conditions; more control over and responsibility for work conditions and policy-making within the firm; and a greater diversity of practice. Lawyers in small firms may also expect to gain a great deal of hands-on experience in a short period of time. For those with an entrepreneurial or independent streak, a small firm or solo practice is highly attractive. In fact, professional surveys tend to show that small firm or solo practitioners are some of the happiest practitioners.
Some resources in the Career Office you may want to refer to when evaluating the pros and cons of private practice are:
“Home Sweet Office: Law Firm Life,” in Full Disclosure.
“Flying Solo: Sole Practitioner,” in Full Disclosure.
The Legal Career Guide: From Law Student to Lawyer, (Chapter 18: The Legal Job Market) by Gary Munneke, Career Series ABA.
Careers in Law, (Chapter 3: Delivery of Legal Services) by Gary Munneke, VGM Professional Careers Series.
CORPORATIONS
Many corporations have their own legal departments or in-house counsel to handle their legal needs. The size of these legal departments varies. Some business organizations have large legal departments divided into specialty areas. Other organizations may have one-person legal departments. Most typically corporate counsel are located in the firm’s headquarters, although some companies now have counsel at large branch offices as well.
An attorney in an in-house legal department is often a generalist. Many in-house lawyers find themselves engaged just as much in the management of the business as they are in its legal affairs. In-house attorneys oversee work being performed by outside counsel and may find themselves working on general business litigation, employment and labor law, corporate and bankruptcy law and securities and tax law, among other areas.
While in-house salaries are generally higher than those in small firms, they still lag behind large firm salaries. In-house positions were once coveted because the hours were less than in private practice and job security was strong. Increasingly, however, corporate attorneys state that their work schedules coincide with those of private practitioners and that job security is no longer a sure thing. One significant reason why corporate counsel positions are still considered attractive is that the attorneys feel they have a guiding role in the day-to-day business of the organization and this business component to their practice is highly enjoyable.
The similarities between the kind of commercial law practiced by in-house counsel and that practiced by a large commercial firm generally allow job mobility between the two. Some corporations prefer that their lawyers have more business experience; others require law firm experience. A common path is to spend 3-5 years practicing some form of transactional law at a firm and then move in-house. The recent trend, however, is toward larger in-house legal departments (in order to save money on legal bills). This means that some corporations are more willing than in the past to hire attorneys right after law school.
Some corporations do operate summer clerkship programs (check the information available in Career Services to determine if summer programs are available). Even if a corporation does not operate a formal summer program, by all means contact their legal department directly. You may be able to market a specific skill or previously-acquired experience. Just make sure you are getting legal experience and are supervised by an attorney.
Some general resources on corporate counsel in the Career Services Office include:
“In-House: Corporate Counsel” in Full Disclosure.
The Legal Career Guide: From Law Student to Lawyer, (Chapter 18: The Legal Job Market) by Gary Munneke, Career Series ABA.
Careers in Law, (Chapter 3: Delivery of Legal Services) by Gary Munneke, VGM Professional Careers Series.
Business Lawyer’s Handbook, (Chapters 1, 9, and 10 provide general information on and career guidance for those who want to learn about in-house practice) by Clifford Ennico, Clark Boardman Callaghan.
THE COURT SYSTEM
The judicial system is a significant employer of attorneys, both in temporary (one to two year) clerkship positions and also in permanent staff attorney positions.
Positions available within the courts
A judicial clerkship can be one of the most rewarding forms of public service open to recent law graduates. Clerkships are fundamentally legal research and writing positions, but they also generate a variety of marketable skills which differ by type of court. Typically law clerk duties include performing legal research, preparing bench memoranda, drafting orders and opinions, editing and proofreading the judges’ orders and opinions, and checking the accuracy of citations. Clerks frequently confer with their judges regarding the disposition of pending cases. They also sometimes maintain exhibits during trial at trial level courts.
Clerkships are available in federal and state courts of general jurisdiction, at both the trial and appellate levels, and in specialized settings including tax, bankruptcy, family courts and administrative tribunals. Most clerkships are for one year, some are for two years. Law firms and other permanent legal employers are often happy to defer employment with them while the graduate clerks. For more information on judicial clerkships, please refer to the handout “How to Obtain a Judicial Clerkship” and other materials we have gathered at http://hastingscareersonline.com in the “Judicial Clerkship” section.
Permanent staff attorneys do work that is very similar to clerks, although they often develop an expertise in a particular area, such as death penalty defense work. The most significant part of their days will be spent reviewing case files and court transcripts, researching and writing bench memoranda and judicial orders or drafting decisions.
For information on the clerkship application process, which starts early in your second year spring and summer, attend the Judicial Clerkship Orientations and panel presentations. Also stop by Career Services for additional resources describing the process and counseling regarding your candidacy.
If you are wondering whether you would be “competitive” for a clerkship or a permanent staff attorney position, research the courts and judges and talk with professors and other practitioners.
Resources in the Career Officeto start with when researching job options in the court system:
“How To Obtain a Judicial Clerkship,” Career Office Handout.
“Basic Sources #3: Judicial Directories,” Hastings Law Library Handout.
Behind the Bench: The Guide to Judicial Clerkships, Debra Strauss.
“Postponing Reality: Judicial Clerkships,” Full Disclosure.
Chambers Handbook, West Publishing Company.
Clerkship and resource directories available online on both Lexis and Westlaw.
LAW-RELATED OR NON-LEGAL EMPLOYERS
Not everyone who goes to law school plans to or ends up practicing law. Some graduates choose to apply the extensive skills they developed during law school in a corporate, not-for-profit, academic, government, or other law-related or non-legal careers. Read our handout dedicated to careers outside of legal practice for more in depth information.
ACADEMIC POSITIONS
Faculty Positions
Many students are fascinated by the academic as opposed to the practical side of the law and, therefore, decide to pursue a teaching position. Some are attracted to the opportunities for research and writing. Others are drawn to the attraction of instructing others in difficult legal concepts.
If you are interested in a faculty position, you are strongly advised to attend the annual December recruitment conference sponsored by the Association of American Law Schools. Prior to the conference, AALS compiles a list of applicants which is sent to all participating law schools. Contact AALS directly for application materials. AALS also publishes a Placement Bulletin (available in the Career Services office) which lists faculty positions throughout the country.
Competition for faculty positions is intense. At many of the top law schools, a judicial clerkship is considered a prerequisite for the job. Once on the job, the maxim “publish or perish” can apply just as much to law faculty as to undergraduate faculty.
Administrative Positions
There are numerous opportunities open to law school graduates in administrative positions. Law schools hire JD’s to serve as Assistant Deans whose duties range from supervising/teaching legal writing and research, counseling students on academic issues, coordinating continuing education programs, and supervising hiring of adjunct faculty. JD’s can also be seen in career services offices, admissions offices and elsewhere in the administration. These positions are frequently advertised in the Chronicle of Higher Education and the AALS Placement Bulletin.
University Counsel/Affirmative Action and Judicial Conduct Officers
In-house counsel positions at law schools and universities have expanded dramatically in recent years. University counsel work with a variety of legal issues, including contracts, labor relations, intellectual property and tax, as well as education specific questions. Some universities also have specific positions created for specialists in affirmative action to provide guidance on campus policy and training programs and materials. Judicial conduct officers are quasi-legal in nature. They assist the student conduct boards to administer campus regulations and oversee student conduct proceedings.
The National Association of College and University Attorneys, located in Washington, DC is the professional association for attorneys who work in academic settings. They publish a regular bulletin which lists current positions.
Law Librarianships
Academic law libraries are traditionally staffed by librarians trained in both law and library science. For such positions it is generally necessary to have a master’s degree in library science as well as a juris doctor. Librarians, who often maintain faculty positions at the law school, oversee the maintenance and development of the library collections, serve as resources to the students and faculty and oversee the student staff.