The Legal Haves and Have-Nots (A Rant)

Cameron Stracher had an interesting article yesterday in the Wall Street Journal, Law School by Default. I learned some of the lessons Mr. Stracher outlines -- the hard way. One of my law professors used to say about the losing side in the cases that we studied - "What did they gain?" -- the answer, "Experience."
Mr. Stracher writes:
The legal profession is really two professions: the elite lawyers and everyone else. Most of the former start out at big law firms. Many of the latter never find gainful legal employment. Instead, they work at jobs that might be characterized as "quasi-legal": paralegals, clerks, administrators, doing work for which they probably never needed a J.D.
Although hard data about the nature of these jobs are difficult to come by (and rely on self-reporting, which is inherently unreliable), the mean salary for graduates of top 10 law schools is $135,000 while it is $60,000 for "tier three" schools. It's certainly possible that tier-three graduates tend to gravitate toward lower-paying public-interest and government jobs, but this lower salary may also reflect the nonlegal nature of many of these jobs and the fact that these graduates are settling for anything that will pay the bills.
At $38,000 a year for law school, plus living expenses, law-school graduates certainly have a lot of debt ($60,000 on average, upon graduation).
When I made the decision to go to Law School I was working for a supplier for one of the big three automakers. I had tried for years to get hired direct by one of the large auto companies but they were downsizing their white-collar workers and outsourcing everything. I was smart, and capable enough, but it was a real boy's network and I wasn't getting anywhere. In addition, I was past 30 and I figured if I was going to make a career change - it was now or never.
I didn't know anyone who worked in the law. My whole family, and everyone else that I knew worked in some capacity in the auto industry. I had an undergraduate degree in Art (which may say something about my general practical decision making). In considering which direction to go, I decided to take the LSAT (Law School Admission Test). I scored in the 94th percentile -- now I generally test well but that was better than ever I expected -- so I took it as a sign that I was meant to go to law school. But, I took the plunge without really looking into the pool.
Relatively early on I heard stories about graduates who couldn't find work, but like most of my fellow students, I dismissed them by reasoning that they probably weren't as determined or resourceful as I was. I had to be self-supporting so I worked full-time through the first two years of law school, and went to school from 6 to 10 every evening. I worked hard, but I was not at the top of my class, I think I ranked about 13 out of 60 after the first year, and I graduated clinging to a B average. The thing about law school is -- everyone is exceptionally smart and hardworking, so the competition is very stiff even if you're in a tier 3 school.
In my last year of law school I stayed in close touch with the placement office, but there were few recruiters. I graduated without any real job prospects and spent the summer studying for the bar exam, working as a writing assistant for a law school professor who was working on a legal textbook on elder law, and doing grunt work for a divorce lawyer. For my first job after passing the bar exam, I went to work for a temp agency who promptly placed me as a paralegal.
Now there's nothing wrong with being a paralegal, but I certainly didn't need a J.D. to do it. I spent the next several months reading voluminous deposition transcripts and writing slightly less voluminous summaries for a mid-sized personal injury defense firm that represented auto-companies in suits involving injuries and deaths to children involving airbags (which was a big thing in the news at that time).
It basically became clear, that if I wanted to work as a lawyer I was going to be self-employed. That was something I had never expected. I'm not a business person (afterall I was an undergraduate art major). I've been told by many lawyers that it takes 10 years of practice to begin making any money -- and I'm about 8 years in now. I spend a tremendous amount of time worrying -- even obsessing -- over money. Not about becoming rich, which seems so remote it doesn't really cross my mind -- but merely with keeping enough money coming in to cover what's going out. Often it feels like climbing up a down-escalator. And, as to student loans -- although I try not to think about it -- I expect to be paying them out of my social security.
And, as if all of that weren't enough, coupled with the public perception that lawyers are in the money, there is a general belief that lawyers are -- well let's say, not very honest. And yet, the profession polices itself in a way that really no other profession does (at least none that I can think of). I don't know a single lawyer who hasn't had to spend many hours answering specious complaints from clients who were merely unhappy with the result they received in court and filed a complaint with the state grievance commission. And, if a lawyer fails to answer a complaint - no matter how baseless - that failure in itself is a professional ethics violation. Criminal law in particular is noted for frequent grievances because when criminal defendants end up in prison they have nothing better to do than file complaints against their lawyer. And, of course, the taxpayers generously provide every prison with a law library. Further, if after an investigation any complaint is found to be valid -- ie, a lawyer co-mingled funds, missed a filing date, etc. -- the news of it (along with the imposed punishment - suspension, chastisement, disbarment) is published in the bar journal which goes out monthly to every lawyer in the state (there's no such thing as a private disgrace). Okay, well enough of that - I'm depressing myself.
Not that I'm saying there are no rewards to being a lawyer. There is after all -- experience.








"Hallo, are you stuck? he asked. "N-no," said Pooh carelessly.



