Carved in stone above the columned entrance to the Supreme Court is the phrase, "Equal Justice Under Law." Assuring that principle to the more than 249 million people in the United States is the work of the country's lawyers and judges.
The American legal system is complex. The foundation of the system is the United States Constitution, but we also are governed by the acts of the United States Congress, fifty state constitutions, and state and municipal statutes. Besides these statutory foundations, American law is grounded in the decision of its courts. These decisions make up the Common Law, and prior court decisions are precedent for later courts deciding the same issues. Furthermore, because of our heritage as a colony of England, the common law of England -- that is, the rulings of the English common law courts -- is also considered as precedent by our courts.
In the United States, a lawyer has a dual role as advisor and as advocate. As an advisor, the lawyer keeps clients out of trouble by informing them about the legal consequences of proposed actions, by drafting legal arrangements that comply with the law, and by advising about the client's rights and obligations in dealings with other people. The lawyer also assists in putting entangled affairs in order through counseling and negotiation. As an advocate, he or she assists in the administration of justice. American courts operate under an adversary system in which parties to a disagreement in a civil case, or the prosecution and defense in a criminal case, present their points of view to a judge or judge and jury. Lawyers, who are licensed by the courts and are officers of the court, are qualified to present other people's cases through written and oral arguments and application of the appropriate law, procedures, and rules of evidence.
In addition to his or her regular work, a lawyer is expected to render public interest legal service. This includes providing professional services at no fee or reduced fee to persons of limited means or to public service or charitable organizations. Participation in activities for improving the law, the legal system, and the legal profession, such as taking part in bar association projects concerning professional ethics or improving the administration of justice, are also acceptable ways for a lawyer to meet his or her public service obligation.
Not All Are Trial Lawyers
When people think of lawyers, many will picture those portrayed in
movies or on television. The image is of an actor or actress
speaking eloquently in front of a jury in a mahogany-paneled
courtroom and producing a last-minute rabbit from the hat to save a
client. In reality, most lawyers spend much of their time outside
the courtroom setting. They talk to clients and to others on behalf
of clients; they research legal issues; they draft contracts,
deeds, wills, corporate by-laws, ordinances, and legislation; they
counsel, mediate, and negotiate settlement; they draft depositions,
interrogatories, pleadings, trial and appellate briefs, proposed
jury instructions, and court findings, and they present matters to
administrative boards and agencies. Lawyers' careers are extremely
varied. Some lawyers in private practice specialize in advising
corporations; some concentrate on solving individuals' civil legal
problems; some practice criminal defense. About 10 percent of all
lawyers work for various governmental units in either civil or
criminal law. A much smaller number teach law or become judges. Yet
others do not practice law at all, but use their legal skills in
the business world as executives, corporate tax experts, and
bankers. Some combine careers, such as a law practice and politics.
Others become legal affairs reporters.
Should You Be a Lawyer?
In considering a career in law, first evaluate your own interests,
goals, and qualifications. The qualities most needed to be a
successful lawyer, according to a survey of bar association
leaders, are dedication, motivation, and the willingness to work
long hours. Other important qualities include a good vocabulary and
thorough knowledge of the English language; sound reasoning skills;
an ability to write clearly and concisely; a good memory; and the
ability to communicate well orally. Temperament is also a factor to
be considered. It is often necessary to work under pressure of
tight deadlines, have the patience to spend many hours researching
a single legal point, and analyze facts carefully and marshal them
to create a persuasive argument. If you think you are interested in
a career in a courtroom rather than in an office, you also will
need the ability to think quickly on your feet, speak with ease and
authority in public, pursue details, and understand courtroom
strategy. Many people are looking at law as an adjunct to another
career. More students are attending law school not to practice law,
but as an alternative to a general business graduate degree. Many
officers of major corporations have law degrees.
Opportunities for Women and Minorities
The number of women and minorities group members attending law
school has grown dramatically in recent decades. In 1963, only
1,739 women were enrolled as degree candidates in ABA-approved law
schools; in 1990, women law students numbered 54,097, or 42.5
percent of all Juris Doctor degree candidates. In 1969 (the first
year for which minority student figures are available) they were
2,933 black, Hispanic American, Asian American, American Indian,
and Alaskan Native law students. In 1990, the total minority
enrollment was 17,330. Although the fluctuations of the economy
will always have an impact on the legal profession, opportunities
for women and minorities remain in all sectors of the profession,
including law firms, corporations, and government. Minority group
members and women in the top portion of their graduating classes
are likely to continue to be in great demand.
What About Jobs?
Lawyers can choose from a wide variety of jobs. Many new lawyers
join law firms, but even the jobs offered by law firms vary greatly
according to the type of law practiced. For example, many large
urban firms primarily have corporate clients. Some firms offer a
"general practice" that serves both corporate and individual
clients in civil and criminal matters. Other firms specialize in
litigation work or in personal injury cases, family law, or patent
law. A few firms concentrate on public interest law. Law firms
range in size from one attorney in a single office to more than
1,000 attorneys in offices located around the country and overseas.
Many corporations, businesses, banks, and title companies have
legal departments and offer a different type of work for the
graduate. Some examples of positions frequently filled by law
school graduates are: chief executive officer and other executives
of major corporations; insurance executives; real estate brokers;
university presidents; accounting firm executives; state governors
and other officials; and federal and state legislators and
legislative aides. Federal, state, and municipal governments have
frequent openings for lawyers. The growing complexity of the law
requires governmental legal offices to expand their staffs
continually, and there is often considerable competition among
graduates to begin their careers in such agencies as the Securities
and Exchange Commission, the internal Revenue Service, and the
Justice Department. Openings for government jobs occur all over the
country, not just in Washington, D.C. Among the most prestigious
positions are clerking positions for judges. Supreme Court justices
and federal appellate judges each have several clerks. Federal
district court judges and many state court judges also have at
least one clerk. Clerking positions are usually for a one- or
two-year term. Suburban law practices are growing rapidly. In
addition, lawyers are often needed in rural communities throughout
the United States. It might be a good idea to contact some law
firms in a rural area of interest to see what is available.
Unfortunately, the job market for graduates is tight and may become
even more competitive. While graduates of prestigious law schools
and top students from other law schools are always in demand by
private law firms, corporations, and the government, others will
have a more difficult time finding a job in a preferred line of
practice or in a preferred location.
Paralegals
A growing number of individuals have decided to follow careers as
paralegals, who are assistants to attorneys. The functions they
perform vary considerably, but may include interviewing clients,
conducting legal research projects and drafting legal documents
under the supervision of attorneys. The paralegal industry is
second only to home health care in growth, according to the U.S.
Bureau of Labor Statistics. A number of tax-supported junior
colleges and four-year colleges, as well as for profit private
schools, now offer training for legal assistants.
Selecting a Law School--Choices and
Criteria
The process of selecting a law school must begin with an honest
self-assessment. Applicants need to consider the ways in which
their education and work experience have prepared them for legal
education, and to think about future academic and career goals.
They will need to decide the kinds of locations and environments
(urban or suburban, large or small) where they will be most
comfortable, whether they prefer to attend full-time or part-time,
and how much they can afford to spend. Once applicants understand
both their strengths and weaknesses and have a good sense of what
they expect from a legal education, the process of selecting law
schools to apply to will be more focused and considerably simpler.
Next, applicants should learn as much as they can about the law
schools that interest them, paying particular attention to their
admission requirements. Competition for law school seats is strong.
Typically there are twice as many applicants as seats. Half of
those who apply to law school won't be accepted. In the face of
such competition, many law school applicants apply to several
schools (about five, on average), selecting two or three that may
or may not accept them, and two or three others where their
likelihood of admission may be higher. Application volumes vary
from year to year, of course, and competition may ease over time,
but the law school admission process is likely to remain
competitive for years to come. This competitive environment makes
it doubly important for applicants to assess their credentials in
relation to the requirements of individual law schools. Law schools
look at a variety of factors in considering applications. Among the
most important are undergraduate grades and scores on the Law
School Admission Test (LSAT). Other factors include the rigor of an
applicant's undergraduate program and any graduate work they may
have completed, the nature of any work experience, letters of
recommendation, examples of leadership and character, and the
strength of a personal statement. Personal interviews usually are
not required. Law schools seek a diverse student body. Most offer
special recruitment and academic assistance programs for members of
groups traditionally under-represented in legal education and the
legal profession. To find out about the factors that are important
to a particular law school, applicants should contact that school
directly. Many admission directors will be happy to speak frankly
about the qualities they seek. Even if people have been out of
college for several years, their undergraduate prelaw advisor can
be an invaluable source of information about various law schools
program and the success of fellow graduates in applying to them. An
undergraduate should be aware that there is no particular course of
study that is required or preferred by law schools. Accordingly,
students from a wide variety of majors (e.g., philosophy, physics,
political science, engineering, and business) are admitted to law
schools each year. There is no true prelaw curriculum. Generally, a
broad-based education that is rigorous and that stresses analytical
and verbal communication skills will be useful. Increasingly,
colleges offer law-related courses as part of the curriculum (e.g.,
sociology of law, constitutional law, law and psychology, law and
literature, criminal justice, etc.). These courses are not designed
to prepare students for law school; rather, they show the
interrelationships of law, the legal process, society, and culture.
Thus, while they are useful to all students who seek a broader
understanding of the role of law in our society, they have no
special value as "prelaw" courses. With all these things to think
about, where should a person begin? Many would be lawyers begin by
preparing for and taking the LSAT. It is a half-day,
multiple-choice test that measures verbal and reasoning skills.
These skills include the ability to understand complex problems,
analyze relationships between things or events, and understand and
analyze logical arguments. It is important that individuals prepare
themselves for the test before they take it. The best way to
prepare is by working through previous LSATs, which are available
from the test's sponsor, the Law School Admission Services. For
many, the LSAT score is the last credential earned before the
admission process can begin. After the LSAT score is in, the
process of selecting appropriate law schools picks up its pace.
What Is Law School Like?
Law school consists of a three-year course of full-time study or a
four- or five-year course of part-time study. Although the approach
to the study of law varies somewhat from school to school, the
first segment of law school study consists of what is defined as
the core curriculum and generally includes courses such as
contracts, constitutional law, torts, criminal law, legal writing,
civil procedures, and property. All law schools offer instruction
in practical professional skills, what is commonly called clinical
legal education, and the breadth and number of these courses are
increasing. All students as part of their law school studies
receive instruction in the duties and responsibilities of the legal
profession. In the remainder of their course study, students choose
from a variety of courses and areas of the law. Areas of study
include such courses as commercial law, business organizations,
evidence, tax, labor law, estate planning, antitrust, and
international and comparative law. Law school classes have
traditionally used the case method of teaching, which involves
detailed examination of a number of related, sometimes
contradictory, judicial opinions. This method relies heavily on
socratic inquiry and student-faculty exchange. Law school methods
of instruction also include problem solving, readings, research,
and seminars. Increasingly, a number of law school courses are
interdisciplinary in nature.
How Much Does Law School Cost?
In addition to assessing the admission criteria of the law schools
that are being considered, one must pay attention to finances.
Legal education can be very expensive. You must look at the
tuition at public law schools and at private institutions at the
law schools you are interested in applying. In addition to tuition
costs, there will be books and supplies, travel, rent, and food
expenses. Law students can expect to spend much money to complete a
law school education.
What About Financial Aid?
Unlike most graduate programs, fellowships and grants are not
widely available for legal education. Most students pay for law
school with student loans. In considering which law schools are
affordable, applicants need to think about existing debts,
including any undergraduate student loans, and determine the amount
of additional debt they are willing and able to assume. Law school
financial aid personnel will be able to assist with this process.
Some nonloan financial assistance also is available, and
individuals should pursue these sources before undertaking
educational debt. Most law schools have a small number of
scholarships or grants that do not have to be repaid. The best
sources of information about these scholarships and grants are the
law school financial aid officer and law school catalogs. Veterans
may be eligible for financial assistance from the Veterans
Administration. Applicants who think they may be eligible for such
assistance need to contact the VA office in their state.
Academic-year employment often involves working as a legal research
assistant. Summer employment typically involves work in a law firm,
court, or government agency. These positions help defray the cost
of legal education and afford the opportunity to gain hands-on
experience. Students who must work full-time during the school year
should explore the part-time academic programs offered by many law
schools. These programs allow students to extend their studies over
a longer period of time, usually four to five years. When
considering law school, applicants should give themselves plenty of
time. The process of gathering all credential information,
researching the law schools, looking into finances, and picking the
law schools to apply to, can be very time consuming. It is
important to know and meet all application deadlines.
Admission to the Bar
After graduating from law school, an individual must gain
admission to the bar of the jurisdiction in which he or she wishes
to practice law. The usual requirements are graduating from a law
school approved by the ABA, the national accreditation agency for
law schools; passing a written examination administered by the
jurisdiction's board of bar examiners; and meeting the requirements
of character and fitness. Requirements vary nationally; for
example, a few states permit graduates of non-ABA-approved law
schools to take the bar examination. Bar examinations are
administered in February and July. After passing the bar
examination, an applicant who has established his or her good
character and fitness is formally admitted to the practice of law
by the highest state court in the jurisdiction. Admission in one
jurisdiction does not qualify a lawyer to practice in other
jurisdictions, although roughly half the jurisdictions permit
admission of experienced attorneys without additional testing under
what is variously termed motion admission, comity admission, or
admission by reciprocity. Information concerning bar admission can
be obtained from the board of bar admissions.