Employment

Lawyers held about 681,000 jobs in 2000. About 3 out of 4 lawyers practiced privately, either in law firms or in solo practices. Most of the remaining lawyers held positions in government, the greatest number at the local level. In the Federal Government, lawyers work for many different agencies but are concentrated in the Departments of Justice, Treasury, and Defense. A small number of lawyers are employed as house counsel by public utilities, banks, insurance companies, real estate agencies, manufacturing firms, welfare and religious organizations, and other business firms and nonprofit organizations. Some salaried lawyers also have part-time independent practices; others work as lawyers part time while working full time in another occupation.

Training, Other Qualifications and Advancement:

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 jurisdiction's highest court. All States require that applicants for admission to the bar pass a written bar examination; most jurisdictions also require applicants to pass a separate written ethics examination. Lawyers who have been admitted to the bar in one jurisdiction occasionally may be admitted to the bar in another without taking an examination, if they meet the latter jurisdiction's standards of good moral character and have a specified period of legal experience. Federal courts and agencies set their own qualifications for those practicing before them.

To qualify for the bar examination in most States, an applicant usually must obtain 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 developed to promote quality legal education. ABA currently accredits 185 law schools; others are approved by State authorities only. 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. In 2000, six States accepted the study of law in a law office as qualification for taking the bar examination; only California accepts the study of law by correspondence. Several States require registration and approval of students by the State Board of Law Examiners, either before the students enter law school or during the early years of legal study.

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 the bar examination; the MBE is not required in Louisiana and Washington. The MBE covers issues of broad interest and is sometimes given in addition to a locally prepared State bar examination. The 3-hour Multistate Essay Examination (MEE) is used as part of the State bar examination in several States. States vary in their use of MBE and MEE scores.

Many states have begun to require Multistate Performance Testing (MPT) to test the practical skills of beginning lawyers. This program has been well received, and many more States are expected to require performance testing in the future. Requirements vary by State, although the test usually is taken at the same time as the bar exam and is a one-time requirement.

The required college and law school education usually takes 7 years of full-time study after high school—4 years of undergraduate study followed by 3 years of law school. Law school applicants must have a bachelor's 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, which usually require 4 years of study; about 1 in 10 graduates from ABA-approved schools attends part time.

Although there is no recommended "prelaw" major, prospective lawyers should develop proficiency in writing and speaking, reading, researching, analyzing, and thinking logically—skills needed to succeed both in law school and in the profession. 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 applicant's ability to demonstrate an aptitude for the study of law, usually through good undergraduate grades, the Law School Admission Test (LSAT), the quality of the applicant's 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 ABA, except for those in Puerto Rico, require applicants to take the LSAT. Nearly all law schools require applicants to have certified transcripts sent to the Law School Data Assembly Service, which then sends applicants' LSAT scores and their standardized records of college grades to the law schools of their choice. Both this service and the LSAT are administered by the Law School Admission Council.

Competition for admission to many law schools is intense, especially for the most prestigious schools. Enrollments in these schools rose very rapidly during the 1970s, as applicants far outnumbered available seats. Although the overall number of law school applicants decreased markedly in the 1990s, the number of applicants to most law schools still greatly exceeds 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 elect specialized courses in fields such as tax, labor, or corporate law. Law students often acquire practical experience by participation in school-sponsored legal clinic activities; in the school's 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 school's law journal.

A number of law schools have clinical programs in which students gain legal experience through practice trials and projects under the supervision of practicing lawyers and law school faculty. Law school clinical programs might include work in legal aid clinics, for example, or on the staff of 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. Clerkships may also be an important source of financial aid.

In 1999, law students 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. Law school graduates receive the degree of juris doctor (J.D.) as the 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. Joint degree programs are offered in a number of areas, including law and business administration or public administration.

After graduation, lawyers must keep informed about legal and nonlegal developments that affect their practice. Currently, 39 States and jurisdictions mandate Continuing Legal Education (CLE). Many law schools and State and local bar associations provide continuing education courses that help lawyers stay abreast of recent developments. Some States allow CLE credits to be obtained through participation in seminars on the Internet.

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 respect and confidence of 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.

Most beginning lawyers start in salaried positions. Newly hired, salaried attorneys usually start as associates and work with more experienced lawyers or judges. After several years of gaining more responsibilities, some lawyers are admitted to partnership in their firm or go into practice for themselves. 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 corporation's legal department to another department often is viewed as a way to gain administrative experience and rise in the ranks of management.

Job Outlook:

Employment of lawyers is expected to grow about as fast as the average through 2010. Continuing demand will result primarily from growth in the population and in the general level of business activities. Demand also will be spurred by growth of legal action in such areas as healthcare, intellectual property, international law, elder law, environmental law, and sexual harassment. In addition, the wider availability and affordability of legal clinics and prepaid legal service programs should result in increased use of legal services by middle-income people.

Demand will be somewhat mitigated because, in an effort to reduce the money spent on legal fees, many businesses increasingly are using 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 the law firm. Also, mediation and dispute resolution increasingly are used as alternatives to litigation. 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 well-regarded law schools will have the best job opportunities.

Perhaps as a result of job competition for attorney positions, lawyers are increasingly finding work in nontraditional areas for which legal training is an asset, but not normally a requirement—for 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 in areas 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 until they are able to secure full-time positions. This service allows companies to hire lawyers on an "as needed" basis and permits beginning lawyers to develop practical skills while looking for permanent positions.

Due to the competition for jobs, a law graduate's 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.

Employment 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, and as employment in the legal services industry grows in larger law firms. 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 decrease 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.

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 keen than in big cities, and new lawyers may find it easier to become known to potential clients.

Some lawyers are adversely affected by cyclical swings in the economy. During recessions, the 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 result in budgetary restrictions. Some corporations and law firms will not hire new attorneys until business improves and 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.

Nature of the Work:

The legal system affects nearly every aspect of our society, from buying a home to crossing the street. Lawyers form the backbone of this vital system, linking it to society in myriad ways. For this reason, they hold positions of great responsibility and are obligated to adhere to a strict code of ethics.

Lawyers, also called attorneys, act both as 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 concerning their legal rights and obligations, and suggest particular courses of action in business and personal matters. Whether acting as an advocate or advisor, all attorneys research the intent of laws and judicial decisions and apply the law to the specific circumstances faced by their client.
     The more detailed aspects of a lawyer's job depend upon his or her field of specialization and position. While 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 are 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 trial.

Lawyers may specialize in a number of different areas, such as bankruptcy, probate, international, or elder law. Those specializing in environmental law, for example, may represent public interest groups, waste disposal companies, or construction firms in their dealings with the U.S. Environmental Protection Agency (EPA) and other Federal and State agencies. They help clients prepare and file for licenses and applications for approval before certain activities may occur. In addition, they represent clients' interests in administrative adjudications.

Some lawyers concentrate in the growing field of intellectual property. These lawyers help protect clients' claims to copyrights, art work under contract, product designs, and computer programs. Still other lawyers advise insurance companies about the legality of insurance transactions. They write insurance policies to conform with the law and to protect companies from unwarranted claims. When claims are filed against insurance companies, they review the claims and represent the companies in court.

The majority of lawyers are found in private practice, where they concentrate 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 cases—civil or criminal—which may have an impact extending well beyond the individual client.

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. Lawyers who work for State attorneys general, prosecutors, public defenders, and courts play a key role in the criminal justice system. 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 societies—private, nonprofit organizations established to serve disadvantaged people. These lawyers generally handle civil, rather than criminal, cases. A relatively small number of trained attorneys work in law schools. 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 postsecondary teachers.)

Lawyers increasingly use various forms of technology to perform their varied tasks more efficiently. While all lawyers continue to use law libraries to prepare cases, some supplement their search of 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 also use electronic filing, videoconferencing, and voice-recognition technology to more effectively share information with other parties involved in a case.

Special Thanks (Used By Permission): Bureau of Labor Statistics, U.S. Department of Labor, Occupational Outlook Handbook. http://www.bls.gov/oco/ocoiab.htm#A