Life as a Lawyer
A lot of advice warns students that a legal career is different
to how it is portrayed on television. Such advice is probably more
patronizing than useful. However, it is worth taking into account
that most of us have very little actual experience of law that can
inform our perceptions. In order to make a well considered decision
on whether a legal career is right for you, a good deal of time and
thought should be dedicated to what life as a lawyer really
entails.
Unfortunately, it is not possible to give a true sense of what
life as a lawyer is really like in a few paragraphs. This is partly
because a legal career is such a broad ranging profession. A great
way to gain an insight is to spend some time with a lawyer. If
possible, use any contacts you have with family or friends to do
so. The Office of Pre-Graduate & Pre-Professional
Advising can also be used to connect students with lawyers.
Keep in mind however, that many lawyers have greatly varying
careers and lifestyles. The work of one particular lawyer may be
atypical.
Lawyers act both as advocates and advisors. As advocates, they
represent parties in a civil or criminal case by presenting
evidence, examining and cross-examining witnesses and presenting
arguments in favor of their client. As advisors, lawyers counsel
their client concerning their legal rights and obligations,
suggesting the possible courses of action that may be taken within
the law. For many lawyers, the majority of their work is out of
court advising. The essence of a lawyer's work is researching laws
and judicial decisions and applying it to the particular
circumstances faced by their client.
The more detailed aspects of a lawyer's job will depend upon
their level of experience and field of work. Trial lawyers, those
who specialize in advocacy, spend slightly more time in the
courtroom. They must be able to think on their feet under pressure,
and present oral argument authoritatively. Even trial lawyers
however will spend much of their time away from the courtroom,
interviewing clients or witnesses, conducting research, or dealing
with other details related to the case. Corporate lawyers will
spend very little time in court. In fact, many cases are settled
with out of court negotiations.
The nature of the work will depend greatly on the setting in
which the lawyer practices. Many lawyers work in large private
firms which may have over 300 attorneys, and may also have
international offices. In such large firms, lawyers are usually
separated into practice areas such as litigation, real estate,
intellectual property and so on. Much of an attorneys work will be
to supply background research to more senior members, or to
write the more simple legal documents. Associates also spend a
lot of time overseeing the mechanical aspects of legal
documentation. Some of the cases will have millions of dollars at
stake and may take several years to resolve. The financial rewards
of working in such a firm can be great, but the work can be
extremely demanding.
Many firms are much smaller and have a more local practice. Such
firms routinely deal with family matters such as investments, wills
and domestic relations. Lawyers starting in small firms are not
likely to earn as much as those in a large firms, but will often
practice more generally and will take on responsibility for their
own cases much sooner.
A significant number of attorneys are employed at various levels
of government and play an important role in the criminal justice
system, working as prosecutors or public defenders. The two largest
government employers of lawyers are the Department of Justice and
the Department of Defense. Government lawyers also draft
legislation and argue civil or criminal cases on behalf of the
government. At the local level, government lawyers will be involved
with civil work relating to areas such as planning and utilities
law.
Lawyer's wages
Lawyers have an exaggerated reputation for being rich. While
some lawyers do earn very high salaries, many young lawyers
struggle with average salaries to pay off student debt. The
National Association of Law Placement reported that, in May 2004,
the median annual earnings of all lawyers was $94,930 and the
middle half of the occupation earned between $64,000 and $143,620.
The median salary of lawyers nine months after graduation was
$55,000, although this varied considerably with the type of work.
Students who had entered private practice were earning an average
of $80,000 after nine months. The median salaries of those in
government or a judicial clerkship was $44,700 Salaries of
experienced attorneys vary widely according to the type of work,
and the size and location of the employer. While it is possible to
earn six figure salaries, the majority of such large earnings are
found in large, corporate firms.
A few fields of practice
Business law - involves a range of different
but related areas of practice. Business lawyers will frequently
deal with insurance, construction and banking. Some specialize in
corporate law, performing a number of functions including
incorporation (partnership agreements etc), securities (stocks and
bonds) and mergers and acquisitions.
Criminal Law - the reality of criminal law is
much different to its portrayal in films and television programs.
Very few cases actually proceed to trial and those that do have
high conviction rates. Many cases are disposed of by plea
bargaining - a process by which the defendant pleads guilty to a
lesser charge at an early point in proceedings in order to seek a
less severe sentence than would normally be given if the case went
to trial. Criminal defense lawyers include both public defenders
and private practitioners. Prosecuting attorneys work for the
local, state or federal government.
Family law - at the heart of family law is
divorce law. Divorce work frequently involves out of court
negotiations and drafting legal documents such as separation
agreements. Lawyers also deal with issues such as property
settlement and child custody. Closely linked with family law is
juvenile law. Juvenile law protects the rights of children and may
involve acting as counsel for the child in a marital dispute,
acting as a trustee for a child's funds, or protecting children
from abuse which gives rise to issues including shelter, foster
care and health.
Labor law - usually involves contract
negotiations or resolving employee grievances. Many labor law
issues use arbitration to settle disputes out of court. Arbitration
uses an impartial mediator to listen to both sides of the dispute
and make a decision that both parties will accept.
Property Law - a significant amount of property
law is concerned with the selling and buying of property in both
residential and commercial acquisitions. It is also concerned with
zoning (the right to use a piece of land in a certain way), and
wills and trusts.
Intellectual Property - regulates copyrights,
patents and trademarks. It is one of the most complex areas of
law.