What Is It About Night Law Students?

What sets night law students apart is their absolute, unshakable determination to be lawyers.

student doing homework night schoolIt’s no secret that I’ve ranted against elitism in the profession on more than one occasion. There are a number of reasons why I think elitism is a mistake. One reason is that there aren’t enough big corporate clients to support Biglaw hiring all those law school graduates out there, and it’s less likely that night law school graduates would fit the profile that Biglaw seeks. Another reason is that there is a tendency to regard night law school graduates as less than equal, especially in hiring. 

It’s true that the glut of attorneys makes it a buyer’s market, but I think it’s shortsighted to overlook those who are night law school grads. Their maturity and life experiences are assets, not liabilities. However, then we get into the whole issue of ageism in the profession, and I don’t want to go there now.

Those who go to a top-tier/elite law school and then on to a top tier/elite law firm are a minority. They’re especially lucky if they receive full scholarships or if the Bank of Mom and Dad underwrites the law school education, which reduces, if not eliminates, the financial pressure that many of us have had and will have.

Unsung heroes and heroines are those lawyers who have attended law school…at night. Most, if not all of them, work full-time jobs (which is why they’re going to night school), and go to school three or four nights a week and maybe even Saturdays. Most, if not all of them, have decided that being a lawyer is what they really want to be and are willing to make the myriad personal sacrifices necessary to make that happen.

It’s not easy. I have more than one friend who has done it that way. Last week, I had lunch with another old lady lawyer. She previously worked as a recruiter, but that business went down the tubes in the economic downturn in 1989-early 1990s. We dinosaurs remember those days when the housing market took a dive, foreclosures rose, and many savings and loan companies crashed and burned. (Sound familiar? Déjà vu?) Millennials were barely alive then, if even. 

Ms. A. decided to go to law school in the early 1990s. She had gotten another full-time job, but really wanted to be a lawyer. Night law school was her only option. She was a single mom (before the term was fashionable) to her two daughters, and took out student loans to fund her tuition and keep her family going. When did she study? Weekends and bits and snatches during the work week. Full time day students think their schedules are grinds; they don’t know what they’re whining about.

She graduated law school, passed the California Bar (still the toughest in the nation) and now practices in a suburban community as a solo after spending some time at various small firms. Another friend, Ms. B., worked as a legal secretary while attending night law school in the 1970s. She still practices, having worked both in-house and at firms during her long career.

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Why am I talking about this? Because I think it’s important to point out, yet again, that the vast majority of lawyers in this country don’t work in Biglaw, don’t bill at $1000 an hour or anywhere close to that, and yet, for some reason, many of the so-called elite lawyers sniff at others in the profession not similarly situated, e.g. those who graduated from night law school. We can agree that it’s unlikely that those graduates will end up in Biglaw, and we can also agree that given all the unmet needs for legal services, not just for the poor, but for the middle class, there is room for them.

People who go to night law school aren’t any less intelligent or able than the day law students. They’re not able to attend law school full time due to other commitments, such as work and/or family. They may not have the funds to go full-time or don’t choose to incur massive amounts of student loan debt that will haunt them for years. Student loan debt suffocates, and Ms. A. is paying off her student loan debt as her career progresses.

There are so many ways to be a good lawyer, to be a successful lawyer, to have a meaningful career and thriving practice, having graduated from night law school, and a number of law schools offer part-time programs

Millennials need to think about what their goals are for their lawyerly careers. Maybe it might make sense for some of those who are considering law school to think about going to school at night, working during the day, so as to reduce the debt incurred, or even better, no debt at all. Imagine what it would be like to start your career unencumbered. It’s freedom to choose what you want to do, rather than what you must do. What a concept.

I admire all lawyers who graduate from night law school. It’s not easy to go to law school full-time during the day, but it’s so much harder to do it at night, having worked all day. Facing law school classes at night (which can be even more dreary and snore-inducing, especially after having worked a full day) is daunting. It is an incredible challenge, but people keep believing that there’s a place for them in this profession, and there is.

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What sets night law students apart, in addition to going at night, is their absolute, unshakable determination to be lawyers. It’s not their default choice. If they can survive night law school, the demands that it places on them, and the bar exam, then they can survive the rough and tumble of practice. More power to them.


old lady lawyer elderly woman grandmother grandma laptop computerJill Switzer has been an active member of the State Bar of California for 40 years. She remembers practicing law in a kinder, gentler time. She’s had a diverse legal career, including stints as a deputy district attorney, a solo practice, and several senior in-house gigs. She now mediates full-time, which gives her the opportunity to see dinosaurs, millennials, and those in-between interact — it’s not always civil. You can reach her by email at oldladylawyer@gmail.com.