The Worst Job In The Legal Profession

It's not that the pay is necessarily worse -- though when all is said and done, it almost assuredly is -- it's that the job is a delicious cocktail of overwhelming responsibility and bad public policy.

No offense to $8 an hour document review jobs, but this listing probably takes the crown as the worst job in the legal profession.

It’s not that the pay is necessarily worse — though when all is said and done, it almost assuredly is — it’s that the job is a delicious cocktail of overwhelming responsibility and bad public policy. Every day on this job would require the lawyer to struggle to uphold the basic ethical obligations owed to a client while incrementally undermining the justice system as a whole. For peanuts. And no benefits.

Sounds like fun!

The Legal Watchdog caught this one, and as much as this job description shocks the conscience at first glance, the true horror creeps up upon you after a few minutes when you gradually realize that this sort of listing is exactly where the legal profession is heading.

The position is an “Advocate Counsel” gig in Racine County, Wisconsin:

PAY: “$25,000 paid in monthly increments of $2,083.33.”

BENEFITS: None. You are an “independent contractor” and “will not receive any Racine County employee benefits.”

EXPENSE REIMBURSEMENT: None. “Training, travel expenses for training[,] and legal materials are not provided or reimbursed[.]”

TERM: You are obligated for one calendar year; however, Racine County is not similarly obligated. You will “serve at the pleasure of the Racine County Circuit Court judges and the appointment can be terminated at any time, for any reason[.]”

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So $25,000 slips into sub-minimum wage territory when you start working significantly more than 40 hours a week. Will this job require more than 40 hours a week?

WORKLOAD: Attorneys may be assigned any type of felony [including homicide], misdemeanor, juvenile, criminal traffic, and probate cases and any other action as the court orders . . . It is estimated that there will be about 70 – 80 assignments in 2015 per attorney.”

Sweet merciful crap. As The Legal Watchdog puts it:

First, if you want to do a thorough job and not worry about malpractice lawsuits, it is nearly impossible for a new solo to take 80 cases in a year. (Personally, I would never take that many cases, even with fourteen years of practice under my belt.) But let’s say that you do take the 80 cases — you are, after all, what Paul Campos calls a special snowflake. Even if you are lucky enough not to be assigned any serious felonies, and just five of your 80 clients want to go to trial, and your other 75 appointments go amazingly smoothly, and you never have to wait several hours for any of your cases to be called, your pay on a per-hour basis could still easily be driven down to sub-fast-food-level wages (but without the benefits). Good luck paying for your travel, training, legal materials, malpractice insurance, bar dues, rent, other office expenses, living expenses, and your student loans.

It’s also a reflection of the short shrift the public gives to the right to counsel. Just as sanctimonious headline-grabbers drape themselves in the rhetoric of defending the accused so they can post hoc defend their empirically shameful record and complain about petty institutional slights, there’s real violence being done out there to the rights of the accused and it’s sponsored by the courts themselves, taking their cue from public antipathy toward budgeting anything for the rights of the indigent.

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In fairness, Wisconsin Governor Scott Walker has budgeted more money for public defenders. Good for him. Unfortunately, in practice it’s manifested in more jobs like this one and massively higher pay for administrators who happen to be friends of the governor. This is how Tea Party support for public defenders manifests where the rubber meets the railroading of defendants. But it’s great that the Tea Party now has more influence with a prominent group lobbying for the rights of the accused![1]

Alas, just when you thought the job was bad enough:

Finally, do you still think you can pull this off, new JD and soon-to-be solo practitioner? Here’s the really bad news: you probably won’t even get the job. The posting states that the job will be awarded based on multiple factors, including whether an attorney is certified by the state public defender (presumably to handle serious felonies, including homicides), and has “a proven record of high quality work and reliability.”

This pay is meant for veteran practitioners. Astounding.

My advice to anyone considering this job: there’s some good 9 to 5 document review work still available.



[1] I happen to agree with Tamara’s point that the NACDL should have taken the money. That’s what charities should do. But it’s equally important not to ignore the concerns of those who object to controversial gifts. The reality of charitable giving is “buying influence,” and with a record of supporting budget slashing and privatization of public services, there’s a lot to worry about in the Koch brothers expanding their influence over the NACDL. Not enough to say no to money, but enough to encourage, rather than quiet, critical dissent in order to keep organizations honest.
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The lawyer job market [The Legal Watchdog]

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