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Do Lawyers With Modest Backgrounds Have A Chance At The Top Jobs?

Can law students and young lawyers achieve career outcomes that are analogous to Tom Brady's and Malcolm Butler's in football?

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Last Sunday, in the final seconds of a very close game, the Seattle Seahawks graciously handed the Super Bowl victory to the New England Patriots. Yes, handed. What else can explain why the team with a better running back and offensive line chose a pass play one yard from the end zone on second down with one timeout? I wish I could write about how their seasons, the big game, and the victory can teach something about solo and small-firm practice. But I’ll have a difficult time making the connections because I’m not a big sports fan and I know nothing about basketball.

So when I was reading the post-game news, a lot of websites focused on the two players who were instrumental in the Patriots’ victory: Tom Brady and Malcolm Butler. As I was reading their biographies, I wondered whether I too could achieve a similar feat in law.

Tom Brady started his football career as a backup quarterback at the University of Michigan. He initially struggled for playing time and considered transferring elsewhere. But as he developed, his playing time increased and he led Michigan to victories against powerhouses such as Notre Dame, Wisconsin, and Alabama.

The Patriots selected Brady as the 199th pick in the 6th round of the 2000 NFL Draft. He started the season as the fourth-string quarterback supporting Hall of Famer Drew Bledsoe. While his rookie year was unremarkable, the rest is history. He appeared at the Super Bowl six times, winning four. He broke several NFL records, and won multiple MVP awards. Thanks to him and coach Bill Belichick, the Patriots are one of the most formidable teams in the league. And at the end of the day, he comes home to his eternally attractive wife.

Malcolm Butler played football only for his freshman and senior years in high school. He then played at a community college on scholarship, was dismissed, then returned. He transferred to the University of West Alabama and played for their Division II football team, becoming an All-Conference pick for 2012 and 2013. When he wasn’t playing football, he was working at Popeye’s Chicken taking orders and washing the dishes.

The Washington Post describes Butler’s memorable play in college:

West Alabama had never won an outright Gulf Coast Conference championship. Those usually went to North Alabama, a league power that historically dominated West Alabama. In Butler’s senior season, North Alabama returned an interception for a touchdown to tie the score, and in the stadium, Hall said, a sense of inevitability set in that North Alabama would beat West Alabama again. Then Butler returned the ensuing kickoff for a touchdown. West Alabama beat North Alabama and won its first conference title.

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The Patriots signed Butler after he was undrafted in the 2014 NFL Draft. While he mostly played in the special teams, he was the cornerback in the Super Bowl. In the fourth quarter, with the Patriots leading 28-24, he deflected a pass while guarding Seattle wide receiver Jermaine Kearse. But Kearse made an unbelievably lucky catch that almost gave Seattle the touchdown and possibly the game. Two plays later, at the one yard line with 20 seconds remaining, Butler picked a short pass while knocking down an airborne Ricardo Lockette, and returned possession to the Patriots. The Butler delivered.

Can law students and young lawyers achieve outcomes in their careers that are analogous to Brady’s and Butler’s in football? Most law students do not attend elite schools and 90% of them will not graduate in the top 10% of their class. Some may have niche credentials such as law review, moot court, Biglaw summer internships, or an LL.M. in whatever to give them an edge. But will these people ever get a chance at the job of their choice? And if they do, will they succeed? Such broad questions can be answered only one way: it depends.

Just as being drafted by an NFL team is competitive, the jobs that most young lawyers want are just as competitive. For example, a partner-track associate position at a major law firm, a federal judicial clerkship, or many other equally worthy positions in public service, teaching, and non-law jobs where a JD is actually useful.

Now this is where things diverge. If someone enters the NFL draft, the teams and their executive and coaching staff will know everything relevant about that person from field scouting, reviewing past footage, and his participation in the NFL Scouting Combine. They can evaluate the potential player’s speed, strength, agility, and other physical characteristics. This will be useful in determining whether the potential player meets the team’s needs.

In law, if a firm wants to evaluate a recent law school graduate, the firm must review the applicant’s résumé and law school transcript. As most of us already know, the “thinking like a lawyer” classes we took in law school seldom have any practical use after graduation. Law schools generally do not teach students how to perform a deposition, a trial, contract drafting, negotiation, and useful things like that.

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Since law firms do not have a Scouting Combine to determine a job applicant’s skills, employers are reluctant to hire someone that does not meet the traditional mold: top grades from a top school. I know that there are some recruiters and startup companies that are trying to change this but whether they will succeed is unclear.

As to whether someone will be successful at the firm is anyone’s guess. Every hiring decision has a level of risk. It is safe to assume that people will make adjustments and personal sacrifices if given an opportunity to work at the firm of their choice. Morale and confidence will improve. Employer-employee relationships will be friendly and professional.

Tom Brady’s and Malcolm Butler’s stories were moving because they succeeded despite being the underdogs. They did not play for the top college football teams. They were not first-round NFL draft picks. But someone at the Patriots organization decided to give these two a chance. On February 1, 2015, that decision paid off.

Brady is set for life. He has at least two more chances at the Super Bowl. He will make the Hall of Fame. He has more money than some governments. He has millions of male fans who are willing to eunuch themselves to be one of his concubines.

But what about Butler? He had a moment of glory that few people will experience. I’m sure that this will motivate him to do better things. Will he be the next Deion Sanders? Or will he be a one-catch wonder?

I understand that law to an extent is an image-based profession. And it is rightfully a meritocracy. But merit should be determined by more than which law school you attended and your class rank. I saw this tweet from Butler a few days after the game:

I hope that one day, I and others like me will get a chance.

Shannon Achimalbe was a former solo practitioner for five years before deciding to sell out and get back on the corporate ladder. Shannon can be reached at sachimalbe@excite.com.

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