About 27 percent of lawyers are self-employed, either as partners in law
firms or in solo practices.
Formal requirements to become a lawyer usually include a 4-year college
degree, 3 years of law school, and passing a written bar examination;
however, some requirements may vary by State.
Competition for admission to most law schools is intense.
Competition for job openings should be keen because of the large number
of students graduating from law school each year.
The legal system affects nearly every aspect of our society, from buying a
home to crossing the street. Lawyers form the backbone of this system, linking
it to society in numerous ways. They hold positions of great responsibility and
are obligated to adhere to a strict code of ethics.
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 and arguing in court to support
their client. As advisors, lawyers counsel their clients about their legal
rights and obligations and suggest particular courses of action in business and
personal matters. Whether acting as an advocate or an advisor, all attorneys
research the intent of laws and judicial decisions and apply the law to the
specific circumstances faced by their clients.
The more detailed aspects of a lawyers job depend upon his or her field of
specialization and position. Although all lawyers are licensed to represent
parties in court, some appear in court more frequently than others. Trial
lawyers, who specialize in trial work, must be able to think quickly and speak
with ease and authority. In addition, familiarity with courtroom rules and
strategy is particularly important in trial work. Still, trial lawyers spend the
majority of their time outside the courtroom, conducting research, interviewing
clients and witnesses, and handling other details in preparation for a trial.
Lawyers may specialize in a number of areas, such as bankruptcy, probate,
international, elder, or environmental law. Those specializing in environmental
law, for example, may represent interest groups, waste disposal companies, or
construction firms in their dealings with the U.S. Environmental Protection
Agency and other Federal and State agencies. These lawyers help clients prepare
and file for licenses and applications for approval before certain activities
may occur. Some lawyers specialize in the growing field of intellectual
property, helping to protect clients claims to copyrights, artwork under
contract, product designs, and computer programs. Other lawyers advise insurance
companies about the legality of insurance transactions, guiding the company in
writing insurance policies to conform to the law and to protect the companies
from unwarranted claims. When claims are filed against insurance companies,
these attorneys review the claims and represent the companies in court.
Most lawyers are in private practice, concentrating 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. Attorneys dealing with civil law assist
clients with litigation, wills, trusts, contracts, mortgages, titles, and
leases. Other lawyers handle only public-interest casescivil or
criminalconcentrating on particular causes and choosing cases that might have
an impact on the way law is applied. 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. Some work for State attorneys general, prosecutors, and public
defenders in criminal courts. At the Federal level, attorneys investigate cases
for the U.S. Department of Justice and 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 societiesprivate, nonprofit organizations
established to serve disadvantaged people. These lawyers generally handle civil,
rather than criminal, cases.
Lawyers increasingly use various forms of technology to perform more
efficiently. Although all lawyers continue to use law libraries to prepare
cases, most supplement conventional printed sources with computer sources, such
as the Internet and legal databases. Software is used to search this 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. Lawyers must be geographically mobile
and able to reach their clients in a timely matter, so they might use electronic
filing, web and videoconferencing, and voice-recognition technology to share
information more effectively.
Work environment. Lawyers do most of their work in offices, law
libraries, and courtrooms. They 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. They may also face particularly heavy pressure when a case is
being tried. Preparation for court includes understanding the latest laws and
judicial decisions.
Salaried lawyers usually have structured work schedules. Lawyers who are in
private practice may work irregular hours while conducting research, conferring
with clients, or preparing briefs during nonoffice hours. Lawyers often work
long hours; of those who work full time, about 37 percent work 50 hours or more
per week.
Formal requirements to become a lawyer usually include a 4-year college
degree, 3 years of law school, and passing a written bar examination; however,
some requirements may vary by State. Competition for admission to most law
schools is intense. Federal courts and agencies set their own qualifications for
those practicing before or in them.
Education and training. Becoming a lawyer usually takes 7 years
of full-time study after high school4 years of undergraduate study, followed
by 3 years of law school. Law school applicants must have a bachelors degree
to qualify for admission. To meet the needs of students who can attend only part
time, a number of law schools have night or part-time divisions.
Although there is no recommended "prelaw" undergraduate major,
prospective lawyers should develop proficiency in writing and speaking, reading,
researching, analyzing, and thinking logicallyskills needed to succeed both
in law school and in the law. Regardless of major, a multidisciplinary
background is recommended. Courses in English, foreign languages, 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 applicants ability to
demonstrate an aptitude for the study of law, usually through undergraduate
grades, the Law School Admission Test (LSAT), the quality of the applicants
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 American Bar Association require applicants
to take the LSAT. As of 2006, there were 195 ABA-accredited law schools; others
were approved by State authorities only. Nearly all law schools require
applicants to have certified transcripts sent to the Law School Data Assembly
Service, which then submits the applicants LSAT scores and their standardized
records of college grades to the law schools of their choice. The Law School
Admission Council administers both this service and the LSAT. Competition for
admission to many law schoolsespecially the most prestigious onesis
usually intense, with the number of applicants greatly exceeding the number that
can be admitted.
During the first year or year and a half of law school, students usually
study core courses, such as constitutional law, contracts, property law, torts,
civil procedure, and legal writing. In the remaining time, they may choose
specialized courses in fields such as tax, labor, or corporate law. Law students
often gain practical experience by participating in school-sponsored legal
clinics; in the schools 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
schools law journals.
A number of law schools have clinical programs in which students gain legal
experience through practice trials and projects under the supervision of lawyers
and law school faculty. Law school clinical programs might include work in legal
aid offices, for example, or on legislative committees. Part-time or summer
clerkships in law firms, government agencies, and corporate legal departments
also provide valuable experience. Such training can lead directly to a job after
graduation and can help students decide what kind of practice best suits them.
Law school graduates receive the degree of juris doctor (J.D.), a first
professional degree.
Advanced law degrees may be desirable for those planning to specialize,
research, or teach. Some law students pursue joint degree programs, which
usually require an additional semester or year of study. Joint degree programs
are offered in a number of areas, including business administration or public
administration.
After graduation, lawyers must keep informed about legal and nonlegal
developments that affect their practices. In 2006, 43 States and jurisdictions
required lawyers to participate in mandatory continuing legal education. Many
law schools and State and local bar associations provide continuing education
courses that help lawyers stay abreast of recent developments. Some States allow
continuing education credits to be obtained through participation in seminars on
the Internet.
Licensure. 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 jurisdictions highest court. All States require that
applicants for admission to the bar pass a written bar examination; most States
also require applicants to pass a separate written ethics examination. Lawyers
who have been admitted to the bar in one State occasionally may be admitted to
the bar in another without taking another examination if they meet the latter
jurisdictions standards of good moral character and a specified period of
legal experience. In most cases, however, lawyers must pass the bar examination
in each State in which they plan to practice. Federal courts and agencies set
their own qualifications for those practicing before or in them.
To qualify for the bar examination in most States, an applicant must earn 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. 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.
Although there is no nationwide bar examination, 48 States, the District of
Columbia, Guam, the Northern Mariana Islands, Puerto Rico, and the Virgin
Islands require the 6-hour Multistate Bar Examination (MBE) as part of their
overall bar examination; the MBE is not required in Louisiana or Washington. The
MBE covers a broad range of issues, and sometimes a locally prepared State bar
examination is given in addition to it. The 3-hour Multistate Essay Examination
(MEE) is used as part of the bar examination in several States. States vary in
their use of MBE and MEE scores.
Many States also require Multistate Performance Testing to test the practical
skills of beginning lawyers. Requirements vary by State, although the test
usually is taken at the same time as the bar exam and is a one-time requirement.
In 2007, law school graduates in 52 jurisdictions 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.
Other qualifications. 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, creativity, and reasoning ability also
are essential to lawyers, who often analyze complex cases and handle new and
unique legal problems.
Advancement. Most beginning lawyers start in salaried
positions. Newly hired attorneys usually start as associates and work with more
experienced lawyers or judges. After several years, some lawyers are admitted to
partnership in their firm, which means they are partial owners of the firm, or
go into practice for themselves. Some experienced lawyers are nominated or
elected to judgeships. (See the section on
judges, magistrates, and other
judicial workers elsewhere in the Handbook.) Others become full-time
law school faculty or administrators; a growing number of these lawyers 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
corporations legal department to another department often is viewed as a way
to gain administrative experience and rise in the ranks of management.
Lawyers held about 761,000 jobs in 2006. Approximately 27 percent of lawyers
were self-employed, practicing either as partners in law firms or in solo
practices. Most salaried lawyers held positions in government, in law firms or
other corporations, or in nonprofit organizations. Most government-employed
lawyers worked at the local level. In the Federal Government, lawyers worked for
many different agencies but were concentrated in the Departments of Justice,
Treasury, and Defense. Many salaried lawyers working outside of government were
employed as house counsel by public utilities, banks, insurance companies, real
estate agencies, manufacturing firms, and other business firms and nonprofit
organizations. Some also had part-time independent practices, while others
worked part time as lawyers and full time in another occupation.
A relatively small number of trained attorneys work in law schools, and are
not included in the employment estimate for lawyers. Most are faculty members
who specialize in one or more subjects; however, some serve as administrators.
Others work full time in nonacademic settings and teach part time. (For
additional information, see the Handbook section on
teacherspostsecondary.)
Average employment growth is projected, but job competition is expected to be
keen.
Employment change. Employment of lawyers is expected to grow 11
percent during the 2006-16 decade,
about as fast as the average for all occupations. The growth in the
population and in the level of business activity is expected create more legal
transactions, civil disputes, and criminal cases. Job growth among lawyers also
will result from increasing demand for legal services in such areas as health
care, intellectual property, venture capital, energy, elder, antitrust, and
environmental law. In addition, the wider availability and affordability of
legal clinics should result in increased use of legal services by middle-income
people. However, growth in demand for lawyers will be constrained as businesses
increasingly use large accounting firms and paralegals to perform some of the
same functions that lawyers do. For example, accounting firms may provide
employee-benefit counseling, process documents, or handle various other services
previously performed by a law firm. Also, mediation and dispute resolution
increasingly are being used as alternatives to litigation.
Job 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. 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 grow slowly, reflecting the difficulty of establishing a
profitable new practice in the face of competition from larger, established law
firms. Moreover, the growing complexity of law, which encourages specialization,
along with the cost of maintaining up-to-date legal research materials, favors
larger firms.
Job prospects. Competition for job openings should
continue to be keen because of
the large number of students graduating from law school each year. Graduates
with superior academic records from highly regarded law schools will have the
best job opportunities. Perhaps as a result of competition for attorney
positions, lawyers are increasingly finding work in less traditional areas for
which legal training is an asset, but not normally a requirementfor example,
administrative, managerial, and business positions in banks, insurance firms,
real estate companies, government agencies, and other organizations. Employment
opportunities are expected to continue to arise in these organizations at a
growing rate.
As in the past, some graduates may have to accept positions outside of their
field of interest or for which they feel overqualified. Some recent law school
graduates who have been unable to find permanent positions are turning to the
growing number of temporary staffing firms that place attorneys in short-term
jobs. This service allows companies to hire lawyers on an "as-needed" basis
and permits beginning lawyers to develop practical skills.
Because of the keen competition
for jobs, a law graduates 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 another 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.
Job opportunities often are adversely affected by cyclical swings in the
economy. During recessions, 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 restrict their budgets. Some corporations and law
firms will not hire new attorneys until business improves, and these
establishments may even cut staff to contain costs. Several factors, however,
mitigate the overall impact of recessions on lawyers; during recessions, for
example, individuals and corporations face other legal problems, such as
bankruptcies, foreclosures, and divorces requiring legal action.
For lawyers who wish to work independently, establishing a new practice will
probably be easiest in small towns and expanding suburban areas. 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 establish a reputation
among potential clients.
In May 2006, the median annual earnings of all wage-and-salaried lawyers were
$102,470. The middle half of the occupation earned between $69,910 and $145,600.
Median annual earnings in the industries employing the largest numbers of
lawyers in May 2006 were:
Management of companies and enterprises
$128,610
Federal Government
119,240
Legal services
108,100
Local government
78,810
State government
75,840
Salaries of experienced attorneys vary widely according to the type, size,
and location of their employer. Lawyers who own their own practices 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.
Median salaries of lawyers 9 months after graduation from law school in 2005
varied by type of work, as indicated in table 1.
Table 1. Median salaries of lawyers 9
months after graduation, 2005
Type of work
All graduates
$60,000
Private practice
85,000
Business
60,000
Government
46,158
Academic/judicial clerkships
45,000
Footnotes: (NOTE) Source: National Association
of Law Placement
Most salaried lawyers are provided health and life insurance, and
contributions are made to retirement plans on their behalf. Lawyers who practice
independently are covered only if they arrange and pay for such benefits
themselves.
Information on law schools and a career in law may be obtained from
the following organizations:
American Bar Association, 321 North Clark St., Chicago, IL 60610.
Internet:
http://www.abanet.org
National Association for Law Placement, 1025 Connecticut Ave. NW, Suite
1110, Washington, DC 20036. Internet:
http://www.nalp.org
Information on the LSAT, the Law School Data Assembly Service, the law school
application process, and financial aid available to law students may be obtained
from:
Law School Admission Council, P.O. Box 40, Newtown, PA 18940. Internet:
http://www.lsac.org
Information on obtaining positions as lawyers with the Federal Government is
available from the Office of Personnel Management through USAJOBS, the Federal
Governments official employment information system. This resource for
locating and applying for job opportunities can be accessed through the Internet
at
http://www.usajobs.opm.gov
or through an interactive voice response telephone system at (703) 724-1850 or
TDD (978) 461-8404. These numbers are not toll free, and charges may result. For
advice on how to find and apply for Federal jobs, see the Occupational
Outlook Quarterly article "How to get a job in the Federal Government,"
online at
http://www.bls.gov/opub/ooq/2004/summer/art01.pdf.
The requirements for admission to the bar in a particular State or other
jurisdiction may be obtained at the State capital, from the clerk of the Supreme
Court, or from the administrator of the State Board of Bar Examiners.
