Many lawyers start their careers with law firms or with the government and then move, some years later, into their own firms, armed with knowledge, both in management and in the law, which they have acquired while being paid by someone else.
There are small firms which are operated like large ones and there are large ones which manage to maintain the personality of a small firm, although the latter is quite rare. The same can be said of corporate legal departments, government legal offices, teaching, or any other organization of people.
Manage choices, besides self-employment, for those who leave the law school.
Private Firms
Private firms have all possible permutations of size, specialty, personality and clientele. Each of these factors should be considered when deciding on law firm employment. (The structure of private firms was covered in Chapter 2 and their approach to the compensation of associates and partners was covered in Chapter 5). These considerations will not be repeated again, except as needed to emphasize other points having to do with employment choices.
The smaller private firm (2 to 15 lawyers) generally looks for associates who want to make a career commitment and eventually become partners in their operation. The atmosphere in the smaller firm is generally more relaxed than that in the larger firms and advancement to partnership takes place at an earlier date. The small firm generally also offers a new lawyer the ability to work on an entire legal matter sooner than the larger firm, where the new lawyers generally see bits and pieces of matters during their first few years of practice.
Some small firms are the creation of and run by one dominant person. In these firms it may be difficult for an associate, even if he nominally becomes a partner, to wrest any measure of control away from the owner. Only after the death or retirement of the owner can anyone employed in that style firm expect to participate extensively in the firm's operation.
The potential for income in the small firms is generally lower than that in the large firm, but security is often better with the smaller organization because of the bonds of camaraderie. An associate in a very large firm may be consciously regarded by that firm as an expendable commodity. Some of the very large firms tell their potential associates during the interviewing process that only three or four from a group of 15 to 20 associates hired in any one year can expect to reach partnership status, and that will not necessarily depend on performance, but on the economics of the firm at that time. In the very large firm, where partners expect to have earnings ranging upwards from $200,000, the firm simply cannot afford to take in every worthy associate as a partner. They will choose only the crème de la crème or make an associate a partner only when they need a partner in a certain department to provide leadership. Even when these factors both exist, new partners may be asked to join the firm only when the economics of admission seem justified to the existing members.
The large firm may, however, provide an excellent training ground and post graduate education. Skills in complex areas of law can be sharpened through association with leaders in the legal profession in the handling of large and complicated matters. Many of the young law graduates who are asked to join large firms in New York, Washington, Los Angeles, Chicago or another large city, do so with this goal in mind. They know that they will probably be leaving in a few years, but they take advantage of the opportunity to learn as much as they can. In this way, specialties like Japanese law, advertising agency law, litigation specializing in the entertainment industry or the handling of large bond issues, can be honed into marketable skills which can lead to employment at a major client's legal department or at another firm.
Specialty
Private firms tend to fall into one of two classes regarding the kinds of work they handle. Some are specialty firms. These are exemplified by the patent firms, but there are firms which specialize in public utility rate work, immigration, the music industry, taxation, insurance company defense litigation or plaintiffs’ representation. A law school graduate seeking employment in this kind of firm must realize that he or she will not be using all of the many subjects studied in school but will be enhancing certain special skills to the highest degree. The young graduate should be confident of his or her desire to work in one specific area before going with a specialized firm. It is often impossible to know what area of law will be the most appealing in the long term when one is just graduating from law school.
Other firms are more generalized in the fields of law in which they work, but they may be identified by the kinds of clients they serve. Many small to medium sized firms in smaller cities and rural areas represent only individual clients and small businesses. The ten lawyer firm in Norfolk, Virginia, for example, has as potential clients only individuals with personal legal problems and smaller businesses located in the city. Typically, this kind of firm would handle work in domestic relations, estate planning, real estate, collection, litigation in local and state courts, workers' compensation, and probate (surrogate). Some of these kinds of firms may have local representation for major corporations, but the work done for these clients will be much the same as that done for local businesses.
The very large firm may afford the new associate an opportunity to work with major corporations and "big business." Some of these firms also have individual clients, but they tend to be well-known personalities or wealthy per-sons-only those kinds of clients which can afford the larger fees often charged in the large firms.
Between these two extremes of size there are many firms with 15 to 50 lawyers. These firms can offer an associate work with individual clients and some large corporate and business clients. Medium sized firms generally handle some work in the fields handled by the smaller firm, plus work in such areas as securities registration, taxation, appellate litigation, product liability or the like. This kind of firm may also offer the opportunity to work in several areas of law or to specialize. It may offer training during the first few years of practice which may have marketability in another setting.
Professional work in a large organization imposes a division of labor upon individual lawyers so that they are more and more limited to working in specific areas of the profession. Some attorneys regard this limitation as a reward since it enables them to function at a higher skill level within a specialty. Other attorneys view these limitations as restrictive and obnoxious. No matter how viewed by the individual, limitations are a necessary part of size and organization.
Corporate Legal Departments
The average law school graduate does not know much about the operations of a corporate legal department or the opportunity it can provide. This type of employment can be as exciting as employment in a private firm and can offer equal financial rewards.
Corporate law departments and patent departments have gradually taken unto themselves more and more legal work, using outside private firms less frequently. Most corporate law departments have attorneys equal in intellect and ability to those in major law firms. Many departments handle a variety of legal work from anti-trust prevention to the obtaining of rights-of-way. The main distinction from private firms is that the legal department has only one client and operates more in a preventive manner than in a reactive manner.
A corporate law department generally offers a great deal of security to the young graduate. There are paths of regular advancement, which are clearly defined. So long as the staff attorneys perform well and put forth an adequate amount of effort, they will move up the ladder of the corporate salary plan.
To advance to a high income level in a corporate organization, it is sometimes necessary to move out of the legal area and into management. Each corporate legal department has only one General Counsel, who is generally the highest paid lawyer in the company. If, however, the corporate lawyer has management ability and inclination, there may be other opportunities. One of the author's law school classmates went directly into the corporate legal department of a growing manufacturing company. He now is the head of the overseas operations of the company, living outside of London on a comfortable estate. In some companies with heavy patent activity, lawyers have moved out of the patent area into the commercial negotiations of patent licensing and the management of that function. Rarely does a patent attorney become the General Counsel.
Working in the corporate environment is generally not as hectic as it can be in a private firm. The lawyer who works for a corporation has only two functions to fill, production of legal work and management of staff. In the latter function he or she is assisted by personnel departments, company policy manuals and the like. The entire sales function is missing, except that the corporate lawyer must sell the legal department's services to various division heads and others to encourage them to use the department properly to avoid problems. The reduction in management, billing time and sales time leaves the corporate lawyer freer to practice the law as he was trained to do. This in turn means that corporate lawyers usually work regular hours, take regular vacations, and can count on being home with their families on holidays, something not always possible for lawyers in private firms.
Government Employment
Another employment possibility which should be considered is employment with local, state or Federal government. Most frequently, government employment is regarded, by those entering it, as continuing training and not as a lifetime career. Some lawyers do remain in government for their entire careers, but most do not.
Salary levels in government are lower than in private firms and corporate positions. Government employment, however, does offer other benefits. There is great job security. One recent study indicated that this is the primary motivation for lawyers practicing with government agencies for any length of time. Not everyone has the urge to "do his own thing" or make a million dollars. Some lawyers value their security and the ability to work regular hours. They find this an attraction to enter government service. It should be noted, however, that there are some government agencies in which night and weekend work is quite common. These are generally those departments dealing with litigation rather than regulation writing or the provision of advice to other departments.
Perhaps the most valuable thing which government service can provide is continuing education. Since much of the legal work handled by private firms arises because of government regulations, the development of special knowledge in these regulatory areas while employed in government has a definite attraction. The public service aspect of such employment also is a compelling reason for some students to consider careers in government service.
If a law school graduate is thinking of taking advantage of this educational experience, he or she must be aware of the restrictions which have been placed on employment after government service. In an effort to halt the use of inside information or influence by ex-government lawyers who leave to join private firms, the Federal government placed a variety of restrictions on the representation which can be undertaken by previous government employees.
Teaching
Each year a few law school teaching posts are taken by recent graduates, particularly those who excelled in a specific subject. Generally, these openings are at the lowest salary level in the law school hierarchy, but they do offer a position of prestige in the community and an academic way of life; this appeals to some and not to others. The author remembers speaking with a tax professor at one of the more prestigious law schools. This man had practiced law in New York City and had left after 15 years to teach, feeling that he needed a rest from the pace which private practice required. He had been teaching for three years and was going crazy slowly because of the academic pace. He found that he missed the challenge of new clients every day. He wanted to go back to the commercial world of business.
In addition to the teaching of academic subjects, there are other jobs at law schools which can be considered by recent and not-so-recent graduates. These include alumni affairs, continuing legal education, placement counseling and similar offices. For some graduates, these represent a way to stay in the academic environment and obtain some of the prestige connected therewith, with-out becoming a full-time teacher.
A number of law school teachers find that they can function on the side as arbitrators or consultants, providing them with challenge and additional income.
Clerkships
Every year, judicial clerkships are taken by new graduates. Most persons starting their careers in this way later view the clerkship as a good experience. It provides an excellent first-hand view of the way in which the judicial system operates and laws are developed or changed. If one reads The Brethren by Bob Woodward and Scott Armstrong , one can see the power of law clerks in writing briefs and influencing the result of the U.S. Supreme Court. At any court level, a clerkship improves legal writing through constant practice. It also provides the clerk with exposure to procedures in the court in which he or she is clerking and, by seeing the errors of others, trial skills may be improved.
After a year or two of clerkship, young lawyers generally seek employment in private firms, although the author is aware of one or two lawyers who remained clerks throughout their careers. Clerkship is a marketable experience if the law firm to which the ex-clerk applies deals in the same kind of work as the court at which the clerking was done. For example, a clerk from a Federal District Court might have an advantage over another graduate, if the firm where he or she was applying handled litigation in the federal courts. A clerk from the Cumberland County Court in Pennsylvania, on the other hand, would be offering little of value to that same firm. The latter might, however, have no trouble finding employment in a Pennsylvania law firm practicing primarily in the state courts.
Some firms have a rule that clerkship counts for half as much as practice experience. This difference, which will evidence itself in salary tends, however, to lessen as time goes by, and only in the most rigid firm, postpones partnership admission. In other firms, the length of time allocated for clerkship may differ according to the court involved; clerkships in the lower courts may count for half, while a U.S. Supreme Court clerkship may count for more than the actual time involved.
Students taking law clerk employment with a judge should be aware of the fact that by so doing they may hamper their chance for employment in some law firms. Rule 1.12 of the Model Rules of Professional Conduct states:
- Except as stated in paragraph (d), a lawyer shall not represent anyone in connection with a matter in which the lawyer participated personally and substantially as a judge or other adjudicative officer, arbitrator or law clerk to such a person, unless all parties to the proceeding consent after disclosure.
- A lawyer shall not negotiate for employment with any person who is involved as a party or as attorney for a party in a matter in which the lawyer is participating personally and substantially as a judge or other adjudicative officer, or arbitrator. A lawyer serving as a law clerk to a judge, other adjudicative officer or arbitrator may negotiate for employment with a party or attorney involved in a matter in which the clerk is participating personally and substantially, but only after the lawyer has notified the judge, other adjudicative officer or arbitrator.
- If a lawyer is disqualified by paragraph (a), no lawyer in a firm with which that lawyer is associated may knowingly undertake or continue representation in the matter unless:
- the disqualified lawyer is screened from any participation in the matter and is apportioned no part of the fee there from; and
- written notice is promptly given to the appropriate tribunal to enable it to ascertain compliance with the provisions of this rule.
Some law firms are particularly sensitive to the appearance of impropriety and will not offer positions to law clerks from courts in which they frequently practice.
Conversely, if a law clerk has an outstanding offer of employment from a law firm because of earlier work as a first or second year summer clerk, he or she should so inform the judge for whom the clerkship is being performed. In this way it may be possible to avoid working on cases in which one of the parties is represented by the future employer.
Public Interest Groups
Some law graduates choose to begin their careers in service to the public and minority groups, by joining one of many public interest law firms. These organizations, like legal clinics, often deal with a limited variety of issues but handle cases in volume. Work with these groups can range from routine and repetitive to nationally-recognized, precedent-setting cases.
Some non-profit law offices handle socially oriented law suits which are large and complex, such as suits involving civil rights, government corruption, environmental consideration, nuclear power, and antitrust.
In order to work successfully with the volume of matters generally existing in a public interest firm, a good sense of organization and systems is essential. Many of the management techniques and systems discussed elsewhere in this volume would be helpful in structuring case controls in this environment. The other essential ingredient to success in the public interest area is a commitment to the purpose of the organization and its social values.
A distinct disadvantage of all of these operations is that their ability to pay lawyers is generally limited. Consequently, they tend to foster a high rate of employee turnover. Public interest offices, however, may be a superior place to obtain a unique and valuable experience.
Legal Clinics
Some private law firms call themselves "legal clinics." It is not a precise term, but generally implies that the law office caters to the public rather than to business, and that it is oriented to the delivery of legal services at low cost.
There are some well organized clinics which produce a high volume of work and which charge modest fees to middle and lower income clients. These operations tend to be systematized, and young lawyers who are interested in legal services delivery systems can learn much from them.
Areas of law handled are usually limited to family law, landlord-tenant, torts, simple wills and the like, although some also handle plaintiffs’ claims. Compensation available in clinics tend to be toward the lower end of that paid by private practice firms.
Group legal services organizations funded by employer contributions under collective bargaining agreements have many similarities to clinics, except that they may avoid the billing and collection process.
Legal Publishing
Purveyors of legal books and loose leaf services are always interested in applications from recent graduates with good English skills and an interest in business. In many of these companies a young lawyer can move from editing to responsibility for a publication edited by others, to management and advancement in the company.
The Armed Services
Each of the branches of the military has lawyers assigned to its Judge Advocate General's Corps (JAG). JAG offers some graduates an opportunity for a very quick entry into handling cases. A JAG officer in the Army, for instance, will have clients, cases or legal projects soon after commissioning. The work involves about one-third criminal and courts-martial cases. In some offices there is an opportunity to work in environmental law, labor law and government contract law.
Entry into JAG is at the rank of Army or Air Force Captain, one-third of JAG officers are at more senior grades.
For information, students should contact their school's placement office.
Non-Legal Employment
Not everyone who goes to law school wants to practice law or even work in a law-related field. The author recalls one law graduate who went directly into the plumbing business. He had always wanted to be a plumber, but regarded going to law school as a valuable experience. He has become a well-to-do plumbing contractor.
Law-related careers are also possible. About half of the consulting staff of the authors' firm are lawyers. Although this is a small area of business, it illustrates a career opportunity closely related to the law. Other options exist in the brokerage business, real estate development, insurance, contract purchasing for manufacturing companies, and many other fields.
