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IS LAW SCHOOL RIGHT FOR YOU

Do I Want To Be a Lawyer?
By Jim Riley, prelaw advisor at Regis University (some drawn from Margot Baker at Southern Methodist University)

This is a difficult question to answer. Some people claim that they knew they wanted to be a lawyer since they were quite young, but most struggled with this decision up until the time they applied to law school. In fact, many law students and even recent graduates are still unsure of the answer to this question. While it is impossible to know for certain the answer to the question "Do I Want To Be A Lawyer?" before entering law school, there is some value in talking with practicing lawyers, attending criminal and civil trials, attending law school classes or even working as a messenger at a law firm.

The value of these activities is in gaining some insight into what a lawyer does; however, it will be somewhat of a superficial view of the legal profession, highlighting the excitement and overlooking the real complexity, difficulty and demands of the job. Television shows dealing with lawyers have perfected this superficial view of the legal profession.

One's decision-making process can also be skewed by the difficulty of defining what a lawyer does on a day-to-day basis. There is no "typical lawyer." The legal profession today has embraced specialization to a significant extent. There are differences in workload, client contact, work environment, compensation and overall quality of life, depending upon whether one specializes in criminal law, family law, personal injury or defective product litigation, trust and estate law, business transactions and litigation, tax law, employment or labor law, environmental law, patent and trademark law, civil rights litigation, or in other specialized areas. There are many "professions" within the profession of law.

The only meaningful way of determining whether you may want to be a lawyer is to look at the type of skills that a person must develop and ultimately become proficient at in order to be a competent lawyer in any area. Even though there are significant differences in the various practices of law, the essential skills required of any lawyer are very much the same. Ask yourself the following questions:

1. Do I enjoy working closely with people regarding significant events or issues affecting their lives?

2. Can I empathize with a client's situation; yet have the ability to objectively analyze the issues and their consequences in light of the existing law? The main task of a lawyer is to solve a client's problem. People come to a lawyer for help in solving their problems. A lawyer must be able to empathize in order to properly understand the needs and concerns of his or her client, but a lawyer must develop objective, analytical skills to identify the potential legal issues that must be addressed and then to formulate a plan to reach a result that is consistent with the desires of the client as well as the requirements of the law.

3. Do I enjoy educating or teaching a person about a subject about which he or she may be ignorant or have significant misconceptions? We live in a very complex society which has required the development of very far-reaching, technical laws. Understandably, most clients are either wholly uninformed about the existing law or have significant misunderstandings of what the law prohibits or requires. A lawyer must be able to educate competently his or her clients. This teaching task is complicated by the fact that the "student" has a direct interest in the subject area. The degree of comprehension will be affected by the client's vested interest, an unwillingness to hear the bad news, a strong disagreement about the goals of the law, etc. The need to educate is critical, though, so that a client can make an informed choice about how to proceed. Tact is required in telling a prospective client that his or her view of the applicable rules is wrong.

4. Am I able to articulate in a clear and concise manner my analysis of a problem to others, whether it be verbally or in writing? Two vita skills of a lawyer are the ability to speak and write in a clear, articulate manner. Since a lawyer's job is to solve problems, the key to success is the ability to convince others of the correctness of one's analysis of the factual problem, the requirements of the law, and the best result that can be reached for all concerned parties. A lawyer must be able to educate and convince his or her clients, other lawyers, juries, judges or mediators. He or she must have the ability to perform this task equally well by speaking or writing. One may be a genius, but it will be to no avail if others can not understand what he or she is saying. The skill and art of verbal communication is an important key to success of becoming a competent lawyer.

5. Do I enjoying an advocate? Can I argue both sides of the question with enthusiasm? A lawyer's personal satisfaction must come from helping others achieve a desired result or avoid or ameliorate the consequences of a difficult situation. A lawyer must provide the client with sufficient information concerning all possible alternatives to allow the client to make an informed decision. Ultimately, the client must decide what is best for himself or herself. The lawyer must be able to accept and advance the client's decision, even if he or she would not have personally chosen the particular course of action, so long as the attorney stays within the ethical parameters of the Code of Professional Responsibility. Whether one is writing a will, negotiating a contract, lit gating a lawsuit, or settling a divorce, a lawyer is advocating the personal needs, desires, and goals of the client. One need not be flamboyant or overreaching to be an excellent lawyer, only capable of persuasively articulating concrete positions.

6. Do I like detail work? Do I enjoy searching for the facts of a situation? The practice of law is a jungle filled with pockets of quicksand for the sloppy, lazy lawyer. The law has made great strides in eliminating unnecessary requirements of form to allow cases to be resolved on the merits rather than by one's ability or failure to follow rules of procedure. However, rules of form, practice and procedure are necessary for the orderly conduct of business within the law. A lawyer must pay strict attention to facts and detail, for detail work is a significant aspect of the practice of law.

7. Do I like to read and study? A lawyer never stops reading the law. From the day one enters law school until the last day before retirement, a lawyer must keep abreast of the ever-changing law. Whether it be statutes, agency rules and regulations, or court decisions, a lawyer may never assume the law remains static. Each and every competent lawyer must dedicate a significant number of hours on a regular basis to educating himself or herself. This study time may be added on top of the many hours spent in the law library completing legal research on very specific issues of law pertaining to particular cases.

Conclusion:

How many questions did you answer yes? Did you enthusiastically say yes or were you thinking, "If I have to do it, I will?" To be a competent lawyer, it is not necessary that you have all of these skills now nor that you have presently developed them to a high degree. You will have plenty of time to do that. Utilizing these types of skills on a weekly, daily or hourly basis is, however, the "life" of a lawyer.

Television dramas portraying attorneys are correct on one point. The practice of law is exciting, meaningful, and rewarding. You will have the ability to beneficially and significantly affect the lives of many people throughout your career. You will be exposed to a variety of people, events, and areas of knowledge that you might not otherwise have experienced wit in the confines of your own personal life. The practice of law is a broadening and educational experience. However, the practice of law is not for the lethargic, the lazy or the clock watcher. It is an ongoing, never-ending, demanding life experience. As is true in any area of life, whether you are in medicine, science, and education or in law, your attitude towards life and your work is all important. In simple words, you should be one who truly enjoys learning and who strives to do all that you can with your work.

IS LAW FOR ME?

If you aren't sure about either spending the next three years in law school or making a life for yourself as a lawyer, the following comments may spark some relevant considerations. People choose to go to law school for a variety of reasons, some of which are suggested below:

· It may feel like the path of least resistance.

· It may be a way of making one decision that will define the structure of your time for the next three years.

· It may be what most of your friends are doing.

· It may allow you to avoid a career decision and the job market for a little while longer.

· Other graduate programs or careers you might prefer may be dismally competitive, unacceptable to your parents, financially

more risky, etc.

· You may think law school is good training for a number of careers.

· You may have aced the LSAT.

· You may think you don't have the skills to do anything other than go on to law school.

· You may even think you will enjoy law school or being a lawyer.

While there are no right or wrong reasons, some kinds of motivation hold up to the rigors of law school better than others. When giving advice to pre-law undergraduates, law students urge them to be sure about their motivation for legal education before coming to law school. The first year, in particular, can be a wrenching experience. While almost all law students had superior undergraduate grades, most have to adjust to lower grades and fewer academic rewards for their efforts in law school. This can be especially disappointing since grades do have a substantial effect on opportunities in the legal job market. The fact that you are an excellent undergraduate student may or may not indicate success in law school. The kinds of writing and analytical skills emphasized in law school could be quite alien to your mind and your talents.

If you find yourself in the middle or bottom of your law school class academically, recognition or achievement (rewards that probably were plentiful in college) may be in short supply. What other motivators will then keep your nose in the books and your enthusiasm sufficient to the task? Knowing that you want to practice law can help you endure or even like the three years. Finding outside activities which use or develop your skills--participating in trial advocacy and brief writing competitions, working on the school paper, organizing activities, taking part in internships, clinics, or part-time jobs--can open avenues for success.

Students who are unhappy in law school are often those whose temperaments aren't compatible with the law school atmosphere, or those who really don't have positive reasons for wanting to be there. Going to law school by default tends not to be very sustaining over the long run. Law students who have worked for awhile often feel more certain about their reasons for attending law school, which can provide added incentive for their studies.

The following are some pointers which may help you assess the compatibility of your own particular talents and learning style with the requirements of law school
Cognitive Style

The most compatible learning style for law school includes an analytical and systematic approach to ideas and problems, attention to and interest in details and fine distinctions (as opposed to general impressions or intuitive insights), and a preference for being intellectually assertive and logical in expression. In what ways does your undergraduate experience fit or conflict with this picture?

How much closure do you require in order to be comfortable? If you like unities, aesthetic wholes, the correct and elegant answer, you will sometimes feel quite at sea in the law. If your mind likes to stray among a field of possibilities and never settle on a position or an answer, you will likewise feel uncomfortable at times. If the challenge of working through alternatives and fixing upon the best one, however imperfect it may be, pleases you, then the law will probably nourish your capabilities.

Subject Matter

The study of law is not knowing cases. The case study approach is used as a vehicle to understand the legal reasoning within the case. Your ability to apply the rules and principles to hypothetical situations will determine your exam results.

Legal training, especially in the first year, emphasizes technique and not values or beliefs. You will learn how to wrap your mind around a problem in order to reach a result. The tools and the moves will seem alien to almost everyone at first. After a while, some will enjoy the mental manipulation, and others will feel increasingly frustrated. As a law student, you will not often encounter discussion of the morally "right" approach or answer. This is not to say that law teachers and lawyers are not concerned with moral choices. But there is pressure in the law to see both sides of an issue, to manipulate the acts and concepts, and ultimately, in the adversarial system, to win for your side. If you don't enjoy building a case for both sides of an issue, if you have difficulty arguing a position which conflicts with your values, you are perhaps not suited for the law.

Reading and Writing Skills

Compared to your standard liberal arts reading list, law school texts and casebooks can seem dull, dull, dull. Some law professors claim, however, that law students really have to learn how to read for the first time in their lives. By that they mean every single word can be of crucial importance. You can't just read to get the gist of the material. The outcome of a case, and hence the law, can hinge on subtle distinctions in definition or word choice. There is no substitute for close attention to the details. This holds true for your legal writing as well. Precision, conciseness, unambiguous language--all are crucial for effective briefs, memoranda, and legal papers.

The law is technical. Do you mind sorting through many little pieces and fitting them into an order of some kind? Do you have patience for untangling, sifting, and classifying before you begin to work with the larger concepts? Legal work involves these skills.

Learning Environment

Law school classes are quite large in comparison to other graduate study programs in the humanities and social sciences where tutorials and seminars are the norm. If you require a small group or supportive setting before you feel comfortable expressing your ideas, the thought of reciting or going through a Socratic dialogue with the professor in full view of your hundred or so classmates can be terrifying. While most people would prefer the supportive classroom environment, being able to cope with and learn in the more adversarial atmosphere of law can make a big difference in your anxiety level. There are ways in which supportive environments can be created in law schools. Most law schools arrange first-year classes to include at least one small section (20-25 students) for each student. In addition, students usually form study groups which tend to be more supportive than the one depicted in Paper Chase. These small sections and study groups often form the basis of the closest friendships you will have in law school.

Job Opportunities

Some students will seem more certain of wanting to go to law school than wanting to be lawyers; others are set on a life as a lawyer and view law school simply as a necessary avenue or a means to an end. Once in law school, the kinds of career paths which are most available through the traditional placement channels are various kinds of law practice.

Basically, law schools are in the business of training lawyers to practice law. While many people wind up doing something else eventually--going into politics, business, communications, or development--the vast majority go the law practice route initially. If you want to be an exception and pursue a non-traditional option when you graduate from law school, you will need to take a lot of initiative in thinking through exactly what you would like to do and then in organizing and implementing an effective job search strategy to make it happen. This is not unlike the job search strategy required of graduating seniors. If you are going to law school to avoid this process, THINK AGAIN. In three years the process will be similar but your debt load may be substantially more.

So how can you know if you'll like being a lawyer? The practice of law includes so many alternatives that it is difficult to generalize at all. Many lawyers in large corporate firms concentrate their efforts in mastering one particular area of specialization within the law, e.g. the intricacies of tax law. These attorneys often serve primarily as advisors to corporate clients, rarely being involved with taking a case to court. Litigation lawyers, on the other hand, prepare and present cases in court or negotiate to settle the case before the scheduled court appearance. Practicing law in a small town or with a small community-based firm often means taking whatever cases walk through the door. This kind of practice tends to focus more on the daily legal needs of individuals--drawing up wills or deeds, filing for divorces, getting someone out of jail on bond, settling personal damage suits in court--rather than the more technical and specialized needs of corporate clients. Here, success is often due more to the quality of your personal interactions and persuasiveness.

Although various kinds of legal practice are different in many ways, there are some common links. First of all, clients come to lawyers with a certain set of facts--the specific details of their experience. They come seeking a remedy. Your task as the attorney is to use your skills and understanding of the law to support their cases. Clients tend not to concern themselves with theory although you may think their cases pose some interesting issues. They want you to take the facts--their facts--and weave the details into a case to support their position. Your success as a lawyer is determined by the extent to which you serve the best interests of your clients. Your satisfaction in a legal career is also in part determined by the extent to which you like the interests and clients you serve.There are a number of ways to expand your exposure and understanding of law practice. The suggested readings include some selections which describe different kinds of law practice. You can also seek out lawyers on your own, interviewing them for information about their training and their work. The Career Center's Access program links students with alumni in a full range of career fields. You are encouraged to call alumni lawyers to arrange a time to solicit information and advice about the field of law. Even better, arrange to follow a lawyer around for a day, a week, over a semester or spring break. Gathering your own impressions allows you to imagine the fit between the work and your own preferences. The same can be true in considering legal study. Talk with current law students and sit in on a law school class. If all of these experiences increase your enthusiasm for law, get some direct experience as well. Work part-time in a law firm. Intern for an advocacy group. Get your feet wet and your mind clear about why you want to pursue this career goal.

[ 此贴被imp在2007-09-28 15:56重新编辑 ]

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