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Nature of the Work
14; 169.267-010)
* Formal educational requirements usually include a 4-year college degree, followed by 3 years in law school. After that, all States require applicants for admission to the bar to pass a written bar examination.
* Competition for admission to many law schools is intense, as the number of applicants greatly exceeds the number that may be admitted.
* Aspiring lawyers or judges should encounter keen competition for jobs.
Lawyers. Lawyers, also called attorneys, act as both advocates and advisors in our society. As advocates, they represent one of the parties in criminal and civil trials by presenting evidence in court supporting their client. 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, all attorneys interpret the law and apply it to specific situations.
Lawyers research the purposes behind laws and judicial decisions that have been applied to circumstances similar to those faced by their client. While all lawyers continue to use law libraries to prepare cases, some supplement their search of conventional printed sources with computer sources. Software can be used to search legal literature automatically, and to identify legal texts relevant to a specific case. In litigation involving many supporting documents, lawyers may use computers to organize and index material. Tax lawyers use computers for making tax computations and exploring alternative tax strategies for clients.
Lawyers increasingly use the Internet for research and to advertise their services. Ethical standards for advertising on the Internet are still evolving. Lawyers also use electronic filing, videoconferencing, and voice-recognition technology. Electronic filing promotes the sharing of information by providing all parties in a case access to a database with all official filings, briefs, and other court documents; these technologies also save time and reduce legal costs.
Lawyers communicate the information obtained through research to others. They advise clients and draw up legal documents, such as wills and contracts. Lawyers may not disclose matters discussed in confidence with clients. They hold positions of great responsibility, and are obligated to adhere to a strict code of ethics.
The more detailed aspects of a lawyer's job depend upon his or her field of specialization and position. While all lawyers are licensed to represent parties in court, some appear in court more frequently than others; some lawyers specialize in trial work. Their ability to think quickly and speak with ease and authority as well as their familiarity with courtroom rules and strategy are particularly important in trial work. However, 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.
Besides trials, lawyers may specialize in other areas, such as bankruptcy, probate, or international law. Environmental lawyers, for example, may represent public interest groups, waste disposal companies, or construction firms in their dealings with the Environmental Protection Agency (EPA) and other State and Federal agencies. They help clients prepare and file for licenses and applications for approval before certain activities may occur. They also represent clients' interests in administrative adjudications.
Some lawyers concentrate in the growing field of intellectual property. These lawyers help protect clients' claims to copyrights, art work under contract, product designs, and computer programs. Still other lawyers advise insurance companies about the legality of insurance transactions. They write insurance policies to conform with the law and to protect companies from unwarranted claims. They review claims filed against insurance companies and represent the companies in court.
The majority of lawyers are in private practice, where they concentrate on criminal or civil law. In criminal law, lawyers represent individuals who have been charged with crimes and argue their cases in courts of law. In civil law, attorneys assist clients with litigation, wills, trusts, contracts, mortgages, titles, and leases. Others handle only public interest cases—civil or criminal—which may have a potential impact extending well beyond the individual client.
Lawyers are sometimes employed full time by a single client. If the client is a corporation, the lawyer is known as "house counsel," and usually advises the company concerning legal issues related to its business activities. These issues might involve patents, government regulations, contracts with other companies, property interests, or collective bargaining agreements with unions.
A significant number of attorneys are employed at the various levels of government. Lawyers who work for State attorneys general, prosecutors, public defenders, and courts play a key role in the criminal justice system. At the Federal level, attorneys investigate cases for the Department of Justice or other agencies. Government lawyers also help develop programs, draft and interpret laws and legislation, establish enforcement procedures, and argue civil and criminal cases on behalf of the government.
Other lawyers work for legal aid societies—private, nonprofit organizations 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, and others serve as administrators. Some work full time in nonacademic settings and teach part time. (For additional information, see the Handbook section on college and university faculty.) Some lawyers become judges.
Judges. Judges apply the law and oversee the legal process in courts according to local, State, and Federal statutes. They preside over cases concerning every aspect of society, from traffic offenses to disputes over management of professional sports, or from the rights of huge corporations to questions of disconnecting life support equipment for terminally ill persons. They must ensure trials and hearings are conducted fairly, and the court administers justice in a manner safeguarding the legal rights of all parties involved.
Judges preside over trials or hearings and listen as attorneys representing the parties present and argue their cases. They rule on the admissibility of evidence and methods of conducting testimony, and settle disputes between the opposing attorneys. They ensure rules and procedures are followed, and if unusual circumstances arise for which standard procedures have not been established, judges direct how the trial will proceed based on their knowledge of the law.
Judges often hold pretrial hearings for cases. They listen to allegations and, based on the evidence presented, determine whether there is enough merit for a trial to be held. In criminal cases, judges may decide that persons charged with crimes should be held in jail pending their trial, or may set conditions for release through the trial. In civil cases, judges may impose restrictions upon the parties until a trial is held.
When trials are held, juries are often selected to decide cases, including guilt or innocence in criminal cases, and the liability and the amount of compensation in civil cases. In these cases, judges instruct juries on applicable laws, direct them to deduce the facts from the evidence presented, and hear their verdict. However, judges decide cases when the law does not require a jury trial, or when the parties waive their right to a jury. In the absence of a jury, the judge determines guilt and imposes sentences in a criminal case; in civil cases, the judge rewards relief—such as compensation for damages—to the parties in the lawsuit (also called litigants).
Judges also work outside the courtroom "in chambers." In their private offices, judges read documents on pleadings and motions, research legal issues, write opinions, and oversee the court's operations. Running a court is like running a small business, and judges also manage their courts' administrative and clerical staff.
Judges' duties vary according to the extent of their jurisdictions and powers. General trial court judges of the Federal and State court systems have jurisdiction over any case in their system. They generally try civil cases transcending the jurisdiction of lower courts, and all cases involving felony offenses. Federal and State appellate court judges, although few in number, have the power to overrule decisions made by trial court or administrative law judges if they determine that legal errors were made in a case, or if legal precedent does not support the judgment of the lower court. They rule on fewer cases and rarely have direct contacts with litigants. Instead, they usually base their decisions on lower court records and written and oral arguments by lawyers.
Many State court judges preside in courts in which jurisdiction is limited by law to certain types of cases. A variety of titles are assigned to these judges, but among the most common are municipal court judge, county court judge, magistrate, or justice of the peace. Traffic violations, misdemeanors, small claims cases, and pretrial hearings constitute the bulk of the work of these judges, but some States allow them to handle cases involving domestic relations, probate, contracts, and other selected areas of the law.
Administrative law judges, formerly called hearing officers, are employed by government agencies to make determinations for administrative agencies. They make decisions on a person's eligibility for various Social Security benefits or worker's compensation, protection of the environment, enforcement of health and safety regulations, employment discrimination, and compliance with economic regulatory requirements.
Lawyers and judges do 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 may travel to attend meetings, gather evidence, and appear before courts, legislative bodies, and other authorities.
Salaried lawyers generally have structured work schedules. Lawyers in private practice may work irregular hours while conducting research, conferring with clients, or preparing briefs during nonoffice 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 is not generally seasonal, the work of tax lawyers and other specialists may be an exception. Because 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.
Many judges work a standard 40-hour week, but a third of all judges work over 50 hours per week. Some judges with limited jurisdiction are employed part time and divide their time between their judicial responsibilities and other careers.
Lawyers held about 622,000 jobs in 1996; judges, about 78,000. About 7 out of 10 lawyers practiced privately, either in law firms or in solo practices. Most of the remaining lawyers held positions in government, the greatest number at the local level. In the Federal Government, lawyers work for many different agencies but are concentrated in the Departments of Justice, Treasury, and Defense. 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.
All judges, magistrates, and other judicial workers were employed by Federal, State, or local governments, with about 4 out of 10 holding positions in the Federal Government.
Law professors also hold law degrees, as well as other professionals such as politicians, managers, and administrators.
Lawyers. 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. 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 may occasionally 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 usually obtain a college degree and graduate from a law school accredited by the American Bar Association (ABA) or the proper State authorities. (ABA accreditation signifies that the law school—particularly its library and faculty—meets certain standards developed to promote quality legal education.) ABA currently accredits 179 law schools. Others are approved by State authorities only. With certain exceptions, graduates of schools not approved by the ABA are restricted to taking the bar examination and practicing in the State or other jurisdiction in which the school is located; most of these schools are in California. In 1997, seven States accepted the study of law in a law office or in combination with study in a law school; only California accepts the study of law by correspondence as qualifying for taking the bar examination. Several States require registration and approval of students by the State Board of Law Examiners, either before they enter law school or during the early years of legal study.
Although there is no nationwide bar examination, 47 States, the District of Columbia, Guam, the Northern Mariana Islands, and the Virgin Islands require the 6-hour Multistate Bar Examination (MBE) as part of the bar examination; the MBE is not required in Indiana, Louisiana, Washington, and Puerto Rico. The MBE covers issues of broad interest, and is sometimes given in addition to a locally prepared State bar examination. The 3-hour Multistate Essay Examination (MEE) is used as part of the State bar examination in a few States. States vary in their use of MBE and MEE scores.
Performance examinations to test practical skills of beginning lawyers are required by eight states. This program has been well received and more States are expected to require performance testing in the future. Requirements vary by State, although the test usually is taken at the same time as the bar exam, and is a one-time requirement.
The required college and law school education usually takes 7 years of full-time study after high school—4 years of undergraduate 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; about 1 in 10 graduates from ABA-approved schools attends part time.
Although there is no recommended "prelaw" major, prospective lawyers should develop proficiency in writing and speaking, reading, researching, analyzing, and thinking logically—skills needed to succeed both in law school and in the profession. Whatever the major, a multidisciplinary background is recommended. Courses in English, foreign language, public speaking, government, philosophy, history, economics, mathematics, and computer science, among others, are useful.
Students interested in a particular aspect of law may find related courses helpful. For example, prospective patent lawyers need a strong background in engineering or science, and future tax lawyers must have extensive knowledge of accounting.
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 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 they place on each of these and other factors.
All law schools approved by the ABA, except for those in Puerto Rico, require applicants to take the LSAT. Nearly all law schools require applicants to have certified transcripts sent to the Law School Data Assembly Service, which then sends applicants' LSAT scores and their standardized records of college grades to the law schools of their choice. Both this service and the LSAT are administered by the Law School Admission Council.
Competition for admission to many law schools is intense. Enrollments in these schools rose very rapidly during the 1970s, with applicants far outnumbering available seats. The number of applicants decreased markedly in the 1990s, easing competition slightly; however, the number of applicants to most law schools still greatly exceeds the number that can be admitted. Competition for admission to the more prestigious law schools is always keen.
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, civil procedure, and legal writing. In the remaining time, they may elect specialized courses in fields such as tax, labor, or corporation law. Law students often acquire practical experience by participation in school sponsored 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.
In 1997, law students in 48 States were required to pass the Multistate Professional Responsibility Examination (MPRE), which tests their knowledge of the ABA codes on professional responsibility and judicial conduct. In some States, the MPRE may be taken during law school, usually after completing a course on legal ethics.
A number of law schools have clinical programs in which 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 valuable experience. 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 may also be an important source of financial aid.
Graduates receive the degree of juris doctor (J.D.) 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 semester or year. Joint degree programs are offered in a number of areas, including law and business administration or public administration.
After graduation, lawyers must keep informed about legal and nonlegal developments that affect their practice. Currently, 37 States and jurisdictions mandate Continuing Legal Education (CLE). Many law schools and State and local bar associations provide continuing education courses that help lawyers stay abreast of recent developments. Some States allow CLE credits to be obtained through participation in seminars on the Internet.
The practice of law involves a great deal of responsibility. Individuals 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. 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 start as associates and work with more experienced lawyers or judges. After several years of progressively more responsible salaried employment, some lawyers are admitted to partnership in their firm, or go into practice for themselves. Some lawyers, after several years of practice, become full-time law school faculty or administrators; a growing number have advanced degrees in other fields as well.
Some attorneys 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.
Judges. Most judges have first been lawyers. Federal and State judges are generally required to be lawyers. About 40 States allow nonlawyers to hold limited jurisdiction judgeships, but opportunities are better with law experience. Federal administrative law judges must be lawyers and pass a competitive examination administered by the U.S. Office of Personnel Management. Some State administrative law judges and other hearing officials are not required to be lawyers, but law degrees are preferred for most positions.
Federal judges are appointed for life by the President, with the consent of the Senate. Federal administrative law judges are appointed by the various Federal agencies with virtually lifetime tenure. About half of all State judges are appointed, while the remainder are elected in partisan or nonpartisan State elections. Many State and local judges serve fixed renewable terms, which range from 4 or 6 years for some trial court judgeships, to as long as 14 years or life for other trial or appellate court judges. Judicial nominating commissions, composed of members of the bar and the public, are used to screen candidates for judgeships in many States, as well as for some Federal judgeships.
All States have some type of orientation for newly elected or appointed judges. The Federal Judicial Center, ABA, National Judicial College, and National Center for State Courts provide judicial education and training for judges and other judicial branch personnel. General and continuing education courses usually run from a couple of days to 3 weeks in length. Over half of the States, including Puerto Rico, require judges to enroll in continuing education courses while serving on the bench.
Individuals interested in pursuing careers as lawyers or judges should encounter keen competition through the year 2006. The number of law school graduates is expected to continue to strain the economy's capacity to absorb them. As for judges, the prestige associated with serving on the bench should insure continued, intense competition for openings.
Lawyers. Employment of lawyers grew very rapidly from the early 1970s through the early 1990s, but has started to level off in the last several years. Employment is expected to grow about as fast as the average for all occupations through the year 2006. Continuing demand for lawyers will result from growth in the population and the general level of business activities. Demand will also be spurred by growth of legal action in such areas as health care, intellectual property, international law, elder law, sexual harassment, and the environment. The wider availability and affordability of legal clinics and prepaid legal service programs should result in increased use of legal services by middle-income people.
Employment growth should be slower than in the past. In an effort to reduce the money spent on legal fees, many businesses are turning to large accounting firms to provide employee benefit counseling, process documents, and handle other services previously performed by law firms. Also, mediation and dispute resolution are increasingly used as alternatives to litigation.
Competition for job openings should continue to be keen because of the large numbers graduating from law school each year. During the 1970s, the annual number of law school graduates more than doubled, outpacing the rapid growth of jobs. Growth in the yearly number of law school graduates slowed during the early to mid-1980s, but increased again in the late 1980s to early 1990s. Although graduates with superior academic records from well-regarded law schools will have more job opportunities, most graduates will encounter stiff competition for jobs. As in the past, some graduates may have to accept positions in areas outside their field of interest or for which they feel overqualified. They may choose to enter jobs for which legal training is an asset, but not normally a requirement—for example, administrative, managerial, and business positions in banks, insurance firms, real estate companies, government agencies, and other organizations.
Some recent law school graduates who are unable to find permanent positions are turning to the growing number of legal temporary staffing firms, which place attorneys in short-term jobs until they are able to secure full-time positions. This service allows companies to hire lawyers on an "as needed" basis and allows beginning lawyers to develop practical skills while looking for permanent 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 specialty such as tax, patent, or admiralty law.
Employment growth for 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 grows in larger law firms. Most salaried positions are in urban areas where government agencies, law firms, and big corporations are concentrated. The number of self-employed lawyers is expected 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, along with the cost of maintaining up-to-date legal research materials, favor larger firms.
For lawyers who wish to work independently, establishing a new practice will probably be easiest in small towns and expanding suburban areas, as long as an active market for legal services 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.
Some lawyers are adversely affected by cyclical swings in the economy. During recessions, the demand declines for some discretionary legal services, such as planning estates, drafting wills, and handling real estate transactions. Also, corporations are less likely to litigate cases when declining sales and profits result in budgetary restrictions. Some corporations and law firms will not hire new attorneys until business improves or may cut staff to contain costs. 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 requiring legal action.
Judges. Employment of judges is expected to grow more slowly than the average for all occupations. Contradictory social forces affect the demand for judges. Growing public concerns about crime, safety, and efficient administration of justice should spur demand; on the other hand, tight public funding should slow job growth.
Competition for judgeships should remain keen. Most job openings will arise as judges retire. Traditionally, many judges have held their positions until late in life. Now, early retirement is becoming more common, creating more job openings. However, becoming a judge will still be difficult. Besides competing with other qualified people, judicial candidates must gain political support in order to be elected or appointed.
Median salaries of lawyers 6 months after graduation from law school in 1996 varied by type of work, as indicated by table 1.
Salaries of experienced attorneys also vary widely according to the type, size, and location of their employer. The median annual salary of all lawyers was about $60,000 in 1996. General attorneys in the Federal Government averaged around $72,700 a year in 1997; the relatively small number of patent attorneys in the Federal Government averaged around $81,600.
Table 1. Median salaries of lawyers 6 months after graduation, 1996
All graduates $40,000 Type of work Private practice 50,000 Business/industry 45,000 Academe 35,000 Judicial clerkship 35,000 Government 34,500 Public interest 30,000
SOURCE: National Association for Law Placement
Lawyers who practice alone usually earn less than those who are partners in law firms. Lawyers starting their own practice may need to work part time in other occupations to supplement their income until their practice is well-established.
According to the Administrative Office of the U.S. Courts, Federal district court judges had salaries of $133,600 in 1997, as did judges in the Court of Federal Claims; circuit court judges earned $141,700 a year. Federal judges with limited jurisdiction, such as magistrates and bankruptcy court judges, had salaries of $122,900. Full-time Federal administrative law judges had average salaries of $94,800. The Chief Justice of the United States Supreme Court earned $171,500, and the Associate Justices earned $164,100.
According to a survey by the National Center for State Courts, annual salaries of associate justices of States' highest courts averaged $101,800 in 1997, and ranged from about $68,900 to $133,600. Salaries of State intermediate appellate court judges averaged $91,000, and ranged from $79,400 to $124,200. Salaries of State judges with limited jurisdiction vary widely; some salaries are set locally.
Most salaried lawyers and judges are provided health and life insurance, and contributions are made on their behalf to retirement plans. Lawyers who practice independently are only covered if they arrange and pay for such benefits themselves.
Legal training is useful in many other occupations. Some of these are arbitrator, mediator, journalist, patent agent, title examiner, legislative assistant, lobbyist, FBI special agent, political office holder, and corporate executive.
Information on law schools and law as a career may be obtained from:
American Bar Association, 750 North Lake Shore Dr., Chicago, IL 60611.
Information on the LSAT, the Law School Data Assembly Service, applying to law school, and financial aid for law students may be obtained from:
Law School Admission Council, P.O. Box 40, Newtown, PA 18940. Homepage: http://www.lsac.org
Information on acquiring a job as a lawyer with the Federal Government may be obtained from the Office of Personnel Management through a telephone-based system. Consult your telephone directory under U.S. Government for a local number or call (912) 757-3000 (TDD 912 744-2299). That number is not toll-free and charges may result. Information also is available from their Internet site: http://www.usajobs.opm.gov
The specific requirements for admission to the bar in a particular State or other jurisdiction may also be obtained at the State capital from the clerk of the Supreme Court or the administrator of the State Board of Bar Examiners.
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