Mon 19 Sep 2016
At least half the Ephs who attend law school are making a mistake. Their lives would be fuller, happier and, often, monetarily richer if they did something, anything else. I spent 30 minutes five years ago talking with a junior (and occasional EphBlog commentator) about why his ill-formed plans for attending law school were a bad idea. Below is a cleaned up version of what I told him. Other comments welcome.
1) The vast majority of Ephs who attend law school have little/no idea what law school or the practice of law are like. They have watched Law and Order. They know that successful corporate lawyers in big cities make a lot of money. They like thinking about constitutional issues in a class like PSCI 216: American Constitutionalism I: Structures of Power. But this knowledge provides almost no grounds for making a good decision. As Jeff notes:
The only definite advice I’d give is to figure out BEFORE law school one (or more) legal career paths that are of interest to you, and try to learn what a day in the life on those paths is truly like. Too many people pursue law school, and go into enormous debt, thinking that it will “open up doors.” 99 times out of 100, the only doors it uniquely opens are doors to traditional legal careers, typically in law firms, academia, or government.
First, before you apply to law school, you should attend a normal (not staged for applicants) first year class in something like torts or civil procedure at Albany Law School or at a night school in your hometown over the summer. (Yes, I realize that this is a hassle. But don’t be stupid. You are about to spend $150,000 (at least) and devote three years of your life. You need to get a clue.) Find out what a real law school class is like. You will probably be shocked at how boring it is. Do you remember that annoying PHIL 102 class in which 2 or 3 dweebs prattled on endlessly about the most semantic/pointless disputes imaginable? That is what law school is like. If you do not enjoy detailed discussions about extremely minor points, you will not like law school.
Second, try reading some of the material from law school, like this set of cases about torts. Current students should read at least 100 pages of cases and commentary before they apply. You will read thousands of pages in law school. Now is the time to find out if you want to. Just because you like the sort of readings assigned in a typical Williams class does not mean that you will like readings in the law.
Third, you should also spend a day with a lawyer, a regular working attorney. There are several alumni in the Williamstown and Albany area who would be happy to let you shadow them for a day. Find out what their lives are like. It is not glamorous! Law jobs are varied, of course, but you owe it to yourself to learn about the profession before going into significant debt. (Note that pre-med students have much less to worry about in this regard. Their interactions with doctors growing up have been very representative of what most doctors spend most of their time doing.)
All of the above is the minimum you should do before applying to law school. Too many Williams students (like the one I talked to in January) tell themselves some version of: “I like writing. I like reading. I like thinking. I was good at all those things before Williams and I have only gotten better at them. Lawyers seem to do a lot of writing, reading and thinking. So, I should go to law school.” This is faulty reasoning because law school (and law practice) are radically different from your Williams experience.
Even worse are the Williams students who think: “I get good grades at Williams. I like school and do well at it. I don’t really know what I want to do with my life. Getting a job doesn’t have much appeal. My parents will be happy if I go to law school. So, let’s apply!”
2) The vast majority of Ephs who attend law school have little/no idea what their likely career path in the law will be. At least 1/3 of the Williams students who apply to law school would not apply if they took the above steps. They would realize that law school and a legal career are not for them. But there are still many Ephs, even among the 2/3 who find tort law cases interesting and who were intrigued by the life of a lawyer, who are making a mistake in going to law school because they misestimate the odds of getting the law job that they want.
It’s time those of us inside the profession did a better job of telling others outside the profession that most of us don’t earn $160,000 a year, that we can’t afford expensive suits, flashy cars, sexy apartments. We don’t lunch with rock stars or produce movies. Every year I’m surprised by the number of my students who think a J.D. degree is a ticket to fame, fortune and the envy of one’s peers — a sure ticket to the upper middle class. Even for the select few for whom it is, not many last long enough at their law firms to really enjoy it.
There’s something wrong with a system that makes a whole lot of people pay a whole lot of money for jobs that are not worth it, or that have no future. If we wanted to be honest, we would inform students that law school doesn’t keep their options open. Instead, we should say that if they work hard and do well, they can become lawyers.
Every year tens of thousands of wannabe lawyers enter law school. The majority will be extremely disappointed by their career opportunities.
Thus the title of this essay: law school is a big lie. People enter law school with the idea that a law degree is their ticket to a comfortable upper middle class lifestyle. In fact, just the opposite, law school for most is a ticket to a worse financial state than if they had not attended at all.
Read these posts. (What other links would Ephs suggest on this topic?) Now, to be fair, much of this advice is being given to students without a Williams IQ, students who are considering Tier II or Tier III law schools. Most Williams students attend highly ranked law schools. But even among the graduates of elite schools, the career paths are much more restricted then current undergraduates might suspect. The vast majority of Williams students who attend a highly ranked law school go in one of three directions. (And there is a great senior thesis to be written about the career paths and choices made by Williams students who attended law school over the last 50 years.)
First, they drop out of law altogether. Our lawyer readers can tell numerous stories about their classmates who no longer practice law. Almost none of those students go into a career that either required, or provides an advantage to those with, a legal education. They are just three years behind (and much more in debt) than the students who avoided law school. (If you and/or your family are independently wealthy, then, obviously, you can afford to spend three years in law school — or getting a Ph.D. in English Literature or sailing around the world or whatever — but almost all Williams students have money concerns.)
Second, they enter poorly paid government work. Now, there is nothing wrong with becoming a lawyer for the FDIC or HUD, but students need to be aware of the economic realities of those career paths. Most Williams students, to the extent that they want to work in government, are better off just going straight from Williams to those agencies. They will be in a position to climb the ladder faster without all the unnecessary debt.
Third, they enter BIG LAW, the elite law firms of the major cities in the US. Want to know what that is like? Read this:
Economically it represented a perfect reification of various Marxist theories. As associates we were wage slaves, members of a white-collar proletariat, objectively closer to the model described in Das Kapital than most nineteenth-century factory hands. It may seem odd to call someone a wage slave whose starting salary was $85,000 (though broken down per hour it was much less impressive). But the work of a junior associate, in reality, is being a clerk, a checker, the one whose job is on the line to make sure that the decimal points are in the right place. No one with an Ivy League education is going to perform this sort of drudgery for much less than 80 grand.
We were also faced with alienation from the products of our labor. You would work on the tiniest part of a huge transaction. You would never see the big picture, never know if your all-nighter made a difference, if your clauses appeared in the final documents, never even find out if the deal had gone through.
Biglaw women are more screwed because society expects more from mothers than “I pay the bills.” It’s BS, but it is where we still are. So on top of paying all the bills (to say nothing of actually carrying a child to term — you know, something that might get you laid off from K&L Gates), Biglaw women are also expected to invest the emotional and caretaking energy a family needs.
Which is impossible to do while billing the hours Biglaw requires. Not difficult, not challenging, it’s straight-up impossible. Biglaw women can break themselves in two and put on a cosmetically enhanced face and claim that they have the perfect job and family and life, but the only people stupid enough to buy it are younger women who want to be in Biglaw and aren’t yet able to deal with the fact that their career choices will have consequences in other areas of their lives.
What other articles about life in BIG LAW would readers recommend?
Both my parents are lawyers and both my grandfathers were lawyers. I was accepted to law school and (almost) attended. I am the sort of person who would have (and does at EphBlog!) liked arguing about minor points in endless detail. I know people who are perfect for a legal career. Yet most Williams students who apply to law school are completely uninformed about what that decision implies about their future.
Summary: Do not go to law school just because you are good at school, it will make your parents happy, and/or you don’t want to start a real job. Those may all be true, but they are bad reasons. First, learn about what law school and the legal profession are like. Second, understand what sort of career you are likely to have. At least 50% of the Williams students applying to law school from the class of 2017 are making a mistake. Avoid their error.
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