When we think about going to law school, we think of the movies and TV shows we’ve seen, books we’ve read. What do they all have in common? Sooner or later in the plots, they’re all about trials. We practicing lawyers have a hard truth for you. Unless you are a prosecutor or defense attorney or in personal injury practice, your chances of getting or having substantial trial experience are not much, if any, at all. Since government jobs are hard to come by, you’re most likely to end up in civil, which, IMHO, is hardly civil any more.
I stopped watching lawyer shows some years back when they showed the civil trial lawyers with spotless desks, no overflowing bankers boxes with documents strewn all over every available surface. That certainly wasn’t my experience. While many cases are won or lost on dispositive motions, I doubt that there’s much drama in a motion to dismiss or a summary judgment motion. Would you watch such a TV show or movie or read a book about that? I thought not.
Elie Mystal’s post was spot on about not going to law school unless and until you know what lawyers really do. In addition to making me laugh out loud (yes, I know he’s in charge, but this is not an attempt to curry favor), learning and understanding what lawyers do is no mystery if you take the time to figure it out. In other words, it’s not rocket science and if rocket science is what you’re after, then law school is definitely not where you want to be.
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Emails ask me what people interested in becoming lawyers should do. While I agree with Elie that sitting in court, watching motions and trials is a great way to learn, that’s only a small part of how lawyers actually spend their time. Get a job, any job in a law firm, a law suite, as a runner, file clerk, whatever, to see what a day, a week, a month in a law office is like. Does it bear any resemblance to what you’re read or seen? Unlikely.
If you going to be disenchanted (“I went to go to law school for this?”), take Elie’s words to heart and decide upon a different career before you’ve plunked down enough money equal or greater than a down payment on a mortgage, raising a kid, saving for retirement, traveling around the world. Do whatever strikes your fancy that doesn’t involve spending money for the LSAT and GRE, the attendant prep courses, three or four years of law school, depending upon how you choose to do it, bar prep courses, bar exam fee, and every other expense that soaks the law student on this journey.
It’s not just prospective law students who email me about being a lawyer, emails also come from people in mid-careers or even later who hate what they’re doing and think that being a lawyer is WHAT THEY REALLY TO BE. It’s their choice, whether to do it or not, but I do try to disabuse them of the notion that being a lawyer is as it seems in the various media.
Elie is also right that clients don’t want or need to pay for exposition on the applicable law. You may have a memo to file for CYA purposes, but you may have a tough time getting paid for it. The clients want answers: can they do it or not? Will they be in trouble if they do it? They want risk assessments, not legalese.
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However, as Elie points out, oftentimes the client comes to you after the horse is already out of the barn, and your job is to clean up after that horse and however many others have bolted as well. Shovel size depends on the size of the mess. How many times has an attorney asked, “You did what?” This is why case evaluation at the outset is critical. There are certain files that every attorney regrets taking and every time that file is opened, you can hear dogs barking, the louder the bark, the lousier the case. Don’t tell me that this hasn’t happened to you.
Lawyers spend less than three hours a day on legal work. A rather frightening statistic, right? People thinking about going to law school, at whatever stage of life and/or career, need to spend time, but not money, figuring out whether the juice is worth the squeeze. Law schools are very good at talking up what it means to be a lawyer, but how many of those who teach at law schools have actual lawyering experience? The adjuncts do, but most of the full time professors don’t.
Law school applications are up. What’s the best advice to give to people considering law school? Be afraid, be very afraid. Law school is a commitment of time and energy, not to mention expense. Be very sure that being a lawyer is not only what you want to do, but that you understand what it entails and the sacrifices you will make, and that it’s not just a way to pass the next few years.
I’m not saying “don’t do it,” but go into it with eyes wide open. It’s a lot of gritty, down and dirty paper shuffling and dealing with people that, if you had your druthers, you’d toss out of your office in a heartbeat. Just as there’s no crying in baseball, there’s no glamour in being a lawyer. Just ask any lawyer.
Jill Switzer has been an active member of the State Bar of California for more than 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 [email protected].