|
Candid Advice for Undergraduates
Considering Law School
Nick Smith, J.D. and Ph.D.
Nick.smith@unh.edu
Deciding to apply to law school can fundamentally alter the
trajectory of one’s life. The application process can consume much
of your energy as an undergraduate, the years you spend in law
school will require intense dedication to your studies, you may take
on well over
$200,000 in law school debt, and you can be transformed in three
years from a rather unmarketable college graduate to earning a
$160,000 starting salary at a major law firm. As clichéd as it
may sound, you can use your
law degree as a powerful tool to help people. The stakes are high, both financially and
existentially. Like enlisting in the military, law school changes
your life. It should not be taken lightly. Just as many students
attend college because that is “what you do” after high school, too
many undergraduates plan on law school primarily because they do not
know what else to do with themselves after college. Law school seems
better than moving into your parents’ basement.
Law school served me very, very well. I would do it again in a
second. I have friends and colleagues,
however, who believe that attending law school sent them down the
wrong path in life. They cannot change course without considerable
difficulty, in part because of their law school debt. I care
about my students deeply, and I offer these thoughts just as I would
give advice about law school to my own children. Hopefully reading my perspectives
here will help potential law students make more informed judgments
about their fate. If you disagree with any of my comments, please
email me with your concerns. I will take them seriously and revise
when appropriate.
1. My Background: Why Listen to Nick Smith’s Opinions on Law
School?
At the risk of appearing like I enjoy talking about myself,
explaining my background may help readers understand—and discount
where they see fit—my perspectives.
As a first generation college student who lucked into generous
financial aid from Vassar College and became
fully serious about his studies in his junior year, I applied to
law school in my senior year. I actually applied to joint J.D./Ph.D.
philosophy programs, thinking that I would ideally like to be a
philosophy professor but my chances of that were so slim that I
needed a back-up plan to make a living. In other words, I didn’t
really know what I was doing and I was hedging my bets. I spent July
through October of my senior year studying for the LSAT from 4:00 to 10:00 in the morning
just about every day, fueled by the fear that if I did not go to law
school I would spend the remainder of my productive years slicing
deli meat at a grocery store as I had throughout high school.
I scored well enough on the LSAT to be admitted into the J.D./Ph.D.
programs at a few
“Top 20” schools. The intoxication of these acceptance letters
faded when I realized the debt entailed by the top New York law
schools. If I took the path of the most prestigious and most
expensive schools, such debt might effectively foreclose the
possibility of ever living comfortably on a philosophy professor’s modest
salary. I swallowed this bit of class consciousness—if my parents
could pay for law school I would have both the fancy degree and
freedom from debt—and narrowed my choices to SUNY Buffalo and the
University of Iowa. Iowa was at the time ranked solidly in the Top
20 and offered me a large discount off of the public school rate.
Buffalo ranked lower, but offered a fellowship (full tuition plus a
living stipend) through the
Baldy Center for Law and Social Policy. Buffalo also had a
stronger philosophy department in my areas, and the law school
specialized in the sorts of public interest law and legal theory
that interested me. Matters were complicated by the fact that my
Vassar girlfriend planned to make the move with me. We visited Iowa
City together two weeks before I was to start classes and I dropped
her off at the O’Hare Airport so that she could fly home to prepare
for the move. I remember pulling off at a rest stop on I90 somewhere
between Iowa and Buffalo and trying to decide whether to go east or
west. I took a nap in the car, woke up, and went to Buffalo. My
girlfriend disliked both options, but she perceived Iowa as
especially undesirable. I mention this personal story not because I
think my case is especially dramatic or interesting but because it
is rather typical. Emotions and irrational fears often drive the
application process as much as clear-minded reasoning.
Brace yourself for this.
Buffalo proved to be a great fit for me, though not so much for my
girlfriend who left early on never to be seen again. The faculty
challenged, inspired, and mentored me. I made law review, graduated
second or third in my class (I think I had the equivalent of a C in
Tax Law and probably deserved worse), and had offers from elite
Manhattan firms. I met the woman I married. I summered at Leboeuf’s
(now
Dewey and Leboeuf) Manhattan office and finished the philosophy
Ph.D. at Vanderbilt. I worked a few different law jobs, including at a
boutique firm in Buffalo and as in-house counsel at a major medical
technology firm. I served a mind-blowing one year term clerking for
the U.S. Court of Appeals for the third Circuit and returned to LeBoeuf as a litigation associate.
I’ve been a philosophy professor at UNH since 2002. I teach
courses and
publish in areas of legal philosophy, and I have kept many close
friends from my stints in the legal profession. I serve as
pre-law advisor for UNH’s Pre-Law committee, the Philosophy Department, and
the Justice Studies program. I have written letters for students who
have been admitted to just about every law school in the top 100. I
have seen students with 4.0 grade point averages bomb the LSAT and
get rejected from every school on their lists. I have seen
late-bloomers with modest grades ace the LSAT and go to N.Y.U.
Numerous guides to law school exist and you should talk to as
many law students and practicing attorneys as you can before you
commit to this path. I was once interning at a public defender’s
office and an attorney I had never met pulled me aside and said: “Do not, do not, do not ever go to law school.” I did
not heed her unsolicited advice, but I appreciated her candor and
felt a little less naïve going in. My thoughts here are
opinionated—philosophers and lawyers make a living giving
opinions—and you may disagree or receive conflicting advice from
other sources. But hopefully my comments will add some perspective
to your considerations.
2. Getting Accepted to a Reasonably Good Law
School
A. Your Major and Course of Study
No formal “pre-law” curriculum exists at the vast majority of
schools. You can major in music, chemistry, philosophy, or any other
undergraduate program if you plan on law school. Having said that,
what should you look for in your undergraduate curriculum? First and
most importantly, you should find a major for which you have
passion. Do not choose a major because your high school guidance
counselor told you that it is “better for law school.” Get to
college and take classes that interest you. Explore different disciplines. Once you have taken a few classes that you love in a
discipline or two, then you know your major or majors. By “love” I
mean a class you don’t want to end because you feel so excited and
engaged by the material--a course that inspires you to work as hard
as you can and learn as much as you can. Settle for nothing less.
You spend four of the most vibrant years of your life in college.
Don’t waste you time with classes or majors that don’t light a fire
under you. Once you find this passion you will likely excel in these
courses, which in turn will raise your grade point average. There is
no irony here: you will likely do best in the things you love most.
This holds true in choosing your major and life generally.
Second, you want to take classes that teach you how to read, write,
and argue rigorously. All majors do not accomplish this equally.
Philosophy, for instance, requires you to read some of the most
difficult texts ever written, discuss them in class, and construct
precise analytic essays arguing your position. If you have years of
practice tackling Kant in this way, the Uniform Commercial Code will
seem comparatively easy. Law school and legal practice require you
to read, write, and discuss complex issues. Analytic essays count
for one hundred percent of your first year grades in many law
schools, and students who have experience constructing sophisticated
arguments have a considerable competitive advantage. Note that I do
not equate good writing with merely good grammar, flow, or
creativity. Law school requires extensively researched, meticulously
organized, and logically constructed arguments. As a general rule,
you will receive the best preparation for law school from classes
that require a lot of writing, professors who give feedback on the
structure and substance of your writing, and smaller courses that
require intense discussion and debating. Large classes with little
writing will not prepare you well for law school, even if they are
devoted to legal topics. You can memorize every word of your
constitutional law textbook, but if you cannot construct a
compelling argument about the material you will have serious
difficulties succeeding in law school. In addition to choosing the
right major and classes, conducting advanced undergraduate research
offers one of the best means of preparing for law school. At UNH,
the
S.U.R.F.,
U.R.O.P,
I.R.O.P,
R.E.A.P, and
senior thesis programs provide an exceptional way to develop
research and writing skills. If you are serious about law school, do
as many of these as you can.
Third, good advising is essential when navigating the pre-law
process. The basic application process is simple enough, but you
will need a steady steam of advice over all four years of your
undergraduate career if you hope to maximize your chances of being
accepted at a top school. This becomes especially important if you
cannot seek advice from relatives and family friends who practice
law or attended elite law schools. At each stage in your career
small decisions can have a considerable impact. Take logic (PHIL
412), for
instance, to satisfy your “math gen-ed” if your major allows. LSAT tests for
your ability to build and evaluate logical arguments, and if you
excel in 412 you can master these skills further by serving as a
teaching assistant for the course. Study informal fallacies in
particular and practice diagramming the logical structures of
sentences. Enroll in the
honors program and stay in it. Meet Professor Putnam and participate
in
UNH Mock Trial. Take Class X rather than Class Y. Apply for an
undergraduate research fellowship. Present a paper at Conference Z. In the aggregate, each of these seemingly small bits of
advice from an advisor builds a strong undergraduate portfolio. One
misstep—like a D in a math class that you never should have taken
because you should have registered for logic instead—can seriously
compromise your chances. If you take the process of applying to law
school seriously, you will spend many hours in your advisor’s office
gathering advice along the way. If you advisor does not know your
name, does not have time for you, or does not know much about the
law school process, you have a problem. Consider finding a new
advisor or a new major.
B. The Dreaded LSAT
The LSAT is brutal. I have taken many tests in my life, and this was
one of the worst. I have seen very smart people—even those with
perfect SAT scores and grade point averages—crash and burn on the
LSAT. Many test preparation courses can teach you the rather silly
tricks and mind-numbing strategies for scoring well, and I see very
little relation between one’s LSAT score and their legal aptitude.
The LSAT does test, however, how well you have prepared for the
LSAT. If you take it with little preparation to “see how you do,”
you will do poorly. If you study full time for a year and become
obsessive about the test, you will likely score well. I use the word
obsessive intentionally, as the best analogy I can think of for LSAT
preparation is the total immersion of a ten year old in an elaborate
game like chess or other all encompassing passion. You must breathe
and sleep the LSAT until you literally know the answer to every
question asked on every previously administered LSAT. You develop a
classification system for every possible type of question, and you
almost know the answer simply by looking at the format of the test
page. Again, I find this test and the preparation it requires rather
senseless. This is, however, the game you must play if you want to
go to law school. The good news: you can compensate for a mediocre
grade point average by devoting about six months of your life to the
LSAT. The bad news: you can squander four years worth of meticulous
g.p.a. maintenance in one morning of standardized testing.
So how and how much should you study?1
The most distinctive feature
of the test is speed. If you sit down over an afternoon and
leisurely try your hand at a few practice sections, you might find
the test rather easy and expect to score well enough to go to Yale.
Timed conditions present an entirely different situation.
Given this, I generally recommend four to six months of study with
approximately forty hours per week of studying. Again: four to six
months, forty hours per week. I have advised enough students to know
the consequences of disregarding this advice. You may score high
enough to get in somewhere with less intensive preparation, but if
you are serious about getting into the best possible school my
advice is firm: four to six months, forty hours per week.
How does one occupy this much time studying? Acquire copies of every
test previously administered. Spend five mornings per week taking an
old test under strict timed conditions with no exceptions.
This requires all morning and will train your stamina and
concentration. Eat lunch. Take a nap or get some exercise. Spend the
afternoon checking your answers and studying questions you missed.
Repeating this for several months builds all of the LSAT muscles and
gives you the best fighting chance. I
also recommend this
LSAT Study Guide, prepared by one of my former students who
complemented a modest g.p.a. with an outstanding LSAT score and was
admitted into Top 5 schools. This guide agrees with many of my
suggestions here—and disagrees with others—and also gives excellent
“nitty gritty” advice that can make a considerable difference: use
bubble sheets when studying, take your practice exams in public
places to prepare you for the inevitable distractions during the
actual exam, etc.
Should you take an LSAT prep course? Some students find these a
waste of about $1200. Others find them very valuable. If you have
the discipline to complete the regimen suggested above, you can do
well without a prep course. Most students, however, benefit from the
guidance of companies that have made a science of LSAT
preparation. Consider enrolling in an LSAT course as
a bit like a gym membership—paying the money provides additional
motivation to log the hours. Some students prefer to take the course
for psychological comfort—they do not want to enter the exam room
thinking that other students have taken the course and therefore
have an advantage over them. Although the value of prep courses is
debatable, some students prefer to take them just in case. Which
test prep company do I recommend? I did not take a course and I have
little to judge them on. Several UNH students have, however,
recently spoken highly of
Powerscore. Do not loose sight of the fact one or two points on
the LSAT will likely have considerable impact on which schools
accept you. The $1200 dollars can seem like a bargain in hindsight
if raises your score by even one point.
Please be advised that you should only take the LSAT after you have
studied to the best of your ability. Although this has changed
somewhat since 2006, schools will average your scores. If you take
it without much preparation to “see how you will do” and then a few
years later spend six months studying properly, that early score
will drag you down. Many students have made this devastating
mistake, in part because of poor advising that does not emphasize
the difficulty of the test. Do not take the LSAT unless you have
completed a comprehensive preparation program.
I should offer a final thought on test preparation. I have heard a
version of the following many times: “Yeah, right. I work full time.
There is no way I can take off six months to study for the LSAT. And
$1200 for a prep course is impossible on my budget.” I faced similar
difficulties and I am entirely sympathetic to these concerns. See
the section below on Money and Law School.
C. Internships, Resumes, Etc.
In the vast majority of cases, your LSAT score and g.p.a. will
determine which schools accept you. All of those internships and
public service projects you completed will probably not help if you
don’t have the raw numbers. This may seem ruthless, but schools
receive thousands of application for hundreds of spots and they must draw the line somewhere. If you have the g.p.a. and the LSAT
score, then you also need the strong resume to compete with the
other applicants who have it all.
In general, I do not recommend that students view legal internships
as a means to the end of law school admission. First, it is far more
important from an admissions perspective that you maintain your
grades and study for the LSAT. You should avoid anything that
interferes with this. Second, one should view internships as a way
to learn more about the legal profession rather than a line on the
resume. Take a job or internship to gain some perspective on the
daily lives of attorneys. In this respect interning can help you
determine if legal work would be satisfying to you before you
proceed further down this expensive and time consuming process. In
my experience, internships at large private firms tend to be less
exciting than those at public agencies. Law firms usually have
plenty of staff to do the legal work so you often end up tagging
along and fetching coffee. Public defenders’ offices, by contrast,
can often use an extra pair of hands and will assign meaningful
tasks to interns.
D. The Mechanics of Applying
I will leave most of this to the professionals:
LSAC and the wonderful Paula DiNardo at
UNH Pre-Law Advising. Beyond the mechanical advice about how the
process works, a few points merit consideration.
First, apply to as many schools as you can. Don't waste your time and
money applying to schools that you know won't accept you (don't
apply to Yale with a 3.2 g.p.a. even if you're a great person) and
don't apply to schools that you would not attend if they accepted
you. I usually recommend submitting about twenty applications. This
may seem too costly, but again see the section on Money and Law
School below. View applying to law school as a kind of high-stakes
gambling. Do your research, determine whether your numbers give you
a chance, and play the
percentages. Obviously you do not know which schools are in your
range until you have your LSAT score.
Be aware the the law School Admission Council
recalculates your grade point average
according to their own scale. You cannot assume, therefore,
that your UNH grade point average will used during the admissions
process. Students who exercise UNH's option of
retaking courses to improve their grades
will find LSAC's conversion especially frustrating.
One of my friends applied to fifteen Top 20 law schools. His g.p.a and LSAT score seemed to make him a very strong candidate. He
received fourteen consecutive rejection letters and called me to let
me know that it looked like he wasn't going to law school. The next
day Stanford, his first choice all along, accepted him. The morals
of that story: nothing is certain in the law school application
process, and the more applications you submit the better your odds.
You only need one good acceptance to dramatically change the course
of your career. This is not the time to be penny wise and pound
foolish.
I will say more about the geographic location of law schools below,
but for the most part I strongly suggest that you do not allow
geographic considerations to narrow your pool during the application
process. Apply to the best schools in your range regardless of
location. Make the difficult decisions about location once you have
acceptances in hand. I have seen many students make poor decisions
limiting their options because of rather myopic geographic
considerations. One excellent student, for instance, disregarded my
advice and only applied to law schools in Manhattan because his
girlfriend worked in the city. The prestigious schools rejected him,
and he enrolled at a poorly ranked school in Queens. He
separated from his girlfriend during the first semester (note: law
school is tough on relationships2), and dropped out soon thereafter.
Try to avoid conversations of the following form at the application
stage: “If you apply and get accepted to Berkeley and I’m at an
internship in Boston, our relationship will never work out. So don’t
apply to Berkeley if you are committed to me.” I appreciate that
this is easier said than done, but avoid such speculation. Cross
that bridge when you come to it. Do not limit your choices because
of a college romance. Compare applying to colleges based on a high
school romance. If anything, I might advise against applying
to schools in sought-after locations. Some law schools in New York,
Boston, D.C., and San Francisco receive so many applications because
of their location that they become more selective than they probably
should be based on the quality of the school.
In general, you do not need to know what kind of law you wish to
practice before going to law school. Just as you use college to
explore your passions and determine your major, law school provides
the opportunity to experience different areas of law. Most schools
share a similar curriculum and therefore you do not need to apply to
law schools according to specific areas of law. With that in mind, however, exceptions apply. If you intend to study intellectual
property law, Franklin Pierce should rise to the top of your list.
Buffalo offers excellent programs in family violence law. Apply to
the University of Florida or Lewis and Clark, respectively, if you
plan to specialize in tax or environmental law. Do your homework to
understand these distinctions.
Should you “take a year off” between college and law school? I did
not, but I probably should have. I increasingly recommend taking at
least one year between undergraduate education and law school. As
you can see, studying for the LSAT requires months of study. Writing
samples and personal statements can require weeks of work. The
applications process requires weeks of attention and can be
emotionally draining, especially as you wait to hear your fate.
Completing all of this work during your senior year presents
numerous difficulties. Your final year of college should be filled
with class work (and raising the g.p.a. as high as possible), senior
theses, and enjoying your friends and college life. Cramming in LSAT
study and applications can produce misery. I have seen students
complete successful applications during their senior year, but only
the most disciplined and high-achieving ones who spent the entire
summer between their junior and senior years studying for the
October LSAT. Applying during the senior year usually result in
haste. Notice two additional benefits of waiting. First, your g.p.a.
will be highest on the day you graduate. If you apply in January of
your senior year, grades from your final semester are not included
on your transcript. For many students their final semester is their
strongest, and a few tenths of a g.p.a. point can make a
considerable difference in your portfolio. In this regard, waiting a
bit also allows you to benefit from deepening relationships with
your professors and finalized senior theses and other advanced
writing. This should result in stronger letters of recommendation,
writing samples, and personal statements.
Second, a year or more of distance from college can provide broader
perspective on why and whether you should go to law school. You do
not want to rush into such an important and expensive decision. I do
not find the argument from twenty-two year olds that “I’ll never go
back to school if I take time off” very compelling. Most of my
friends took of several years between college and professional or
graduate school, and they did some life-defining things during this
time. If you can, do something meaningful before law school. Join
the
Peace Corps,
Americorps, or
Teach for America. Serve something you believe in most deeply.
Move to an interesting city and have experiences. Travel frugally.
Play in a Brazilian noise metal band. Especially if you are a
traditional student graduating from college in your early twenties,
get out into the world and do things that you might never be able to
do again. Once you begin law school you take on a new level of debt
and responsibilities. You will probably not have more than a few
weeks “off” until your retirement. Think hard about how you will
view your post-college years from your death bed.
Although many schools do not require you to submit your applications
until well after January 1, you give yourself the best odds if you
complete the process before the end of November. Many schools accept
and reject candidates well before their application deadlines, and
you don't want to be late to the table. You should secure your
transcripts, letters of recommendation, writing, sample, and a
personal statement during the summer before you apply so that you
can send off as of your materials as soon as you receive your LSAT
score.
I often hear students expecting admission into prestigious programs
because, in their words, “my g.p.a. is only 3.0 but I did really
well during my junior and senior year.” This very common situation
will win you little sympathy from admissions council. First year
undergraduates should hear this loud and clear: your performance at
the very beginning of your career will determine your ultimate
g.p.a. One bad semester—even the first semester in your first
year—can keep you from a top school. I find this particularly
unfortunate because even the most gifted students coming from underprivileged schools and backgrounds have difficulty making the
transition to college. Students from prep schools catering to the
wealthy come to college prepared to hit the ground running. This
provides another example of how privilege compounds and the playing
field isn’t exactly even, but it is best to understand how the game
is played.
When considering who you might ask to write your letters of
recommendation, you should look to professors who know your work
best. The smaller the class and the more writing in the course, the
better the professor probably knows you and work work. Thus you have
another reason to enroll and excel in writing intensive courses.
Your thesis advisor will likely know you best. Be warned that many
professors, like me, are very candid in their letters. I write
approximately twenty letters of recommendation per year, and these
often arrive on the desks of the same application committees year
after year. In order to retain credibility, I give an honest
evaluation with no whitewashing. If your work was mediocre, you
missed a few classes, you did not participate much, or your papers
came in late, I will say so. When merited, I will provide detailed
accounts of how you excelled in my courses, perhaps noting your
specific contributions to class discussions, participation on
Blackboard, helpfulness to your classmates, efforts on rewrites and
extra credits, or your development as a writer. I usually do not
write letters for students unless they have taken more than one
class with me.
What if every school rejects you or if you realize that your grade
point average or LSAT score are too low? You have a few options. You
can lower your standards. You can study harder for the LSAT. This is
one of the few benefits of that test—a good score can compensate for
years of inadequate work. With a good enough LSAT score some school
will eventually take you. Appreciate, however, that schools will
average the improved score with the previous score. You can also
enroll in another sort of graduate program, excel in that program,
and then reapply to law school after improving your LSAT scores as
well. Several students have successfully used the
UNH Justice Studies masters program to this end. The key here,
obviously, is excelling in the graduate program and not repeating
the mistakes of the past.
3. Money and Law School
I will repeat unpopular advice I have given
elsewhere. More than ever, students work nearly full-time jobs
while at UNH. If you have a full load of classes, you probably do
not have enough time to also work for money. Your grades will
suffer, and you will compromise your education. You only have one
chance at college. What you study and the g.p.a. you earn will be
with you for the rest of your life. I have seen many A students who
do not have enough time for their class work reduced to C's because
of their jobs. This can change the course of their lives for the
worse. Students who work during college suffer a major disadvantage
when competing with classmates who can devote more time to studying.
In my courses I have students who work forty hours per week at
Dunkin Donuts during the semester—some of them logging eight hour
shifts before their 1:00 classes—sitting next to students who have
never worked a job. When I grade their papers, I am supposed to
ignore this fact and pretend like the competition for grade point
averages is fair.
Working
during college may seem fiscally responsible, but it is actually bad
financial planning. Over the long term, knowledge and a higher grade
point average pay much higher dividends than the few thousand
dollars you make waiting tables or working other service jobs while
in college. Student loan rates are relatively reasonable. You should
take out the loans you need to survive, live frugally, spend your
time studying and learning, get the job you want, and pay off the
loans. You may find it impossible not to work while in college. If
this is the case, you have personal experience of how someone's
financial situation can hinder her success in other seemingly
non-economic aspects of life. You may believe that your finances
have nothing to do with your grades, but wealthy students can spend
all of their time studying if they chose. They can get a good
night’s sleep before an exam. Many others don't have this
luxury. This uncomfortable and often frustrating situation becomes
more salient for students considering professional school. If your
LSAT score and g.p.a. do not meet a school’s minimum threshold, your
work schedule is no excuse. I do not mean to be callous here, but I
want to make the reality for many students explicit.
In this
respect, someone considering law school must appreciate that she
enters a high-stakes world. Law school may cost more than your
family’s house. Studying and applying properly will cost thousands
of dollars. You compete for admission into top schools—and even
bottom schools—with some of the world’s most privileged students. On
the other end, the potential dividends from these investments
explain why admission remains so competitive. Law school debt of
$200,000 seems much more manageable to an associate making $160,000
than it does to an undergraduate work-study student earning $7.50
per hour.
You
absolutely should not work during the first year of law school. You
will need every moment to study. By the summer between your first
and second year you should be able to secure reasonably well-paid
legal work. Many law students work during the second and third years
of their studies, but the first year requires your full attention.
One bit of good news is that although most law students pay full
price, they have little trouble securing all of the loans they need
to pay for even the most expensive law school at a relatively low
interest rate. Banks view future law school graduates—even the ones not from
the top schools—as sound investments. The bad news
is that you must repay those loans, and payments can be well over
$1000 per month for thirty years. See this
debt calculator for a sense of the numbers. You should also keep
in mind, as noted below, that most beginning attorneys do not earn
nearly as much as the superstars hired by big firms. Students at top
twenty schools have good odds of being offered high salaries at "Big
Law" firms. Others take a greater financial risk.
Notice a trap here. You enter law school because of an interest in
social justice work, you get accepted to the school of your dreams,
you take out the loans, and you finish at the top of your class.
Then you cannot afford $1000 per month loan payment on a $40,000 per
year social justice salary. You take a job at a high-paying firm in
order to pay the debt, expecting to live modestly and pay $3000 per
month to your lender for six years to break even. Your salary rises
from $160,000 to 200,000 to $250,000 to…. Meanwhile you become
accustomed to this salary. You have a family and buy a house. You
want to send your kids to the best schools. At this point you have
to really, really desire to work in social justice to justify a
$200,000 pay cut. I did it when I moved from LeBoeuf to UNH, but it
was not easy. It only possible because this is genuinely my dream
job. I would continue this work without hesitation if I won the
lottery tomorrow. I know many people in law firms looking for an
exit strategy, but they cannot think of another position so
satisfying that it would merit the decline in salary. Thus firm
money has a gravitational force that keeps many in its orbit even
though they never planned on staying so long. This equation becomes
more complicated when you have a family to consider. I think about
my choice every evening when I come home at 5:00—rather than 9:00 as
I would most nights at the firm—to make dinner for my family, but I
am also reminded of our sacrifice when I pass by the dilapidated
school that my children will likely attend.
Having said this, a
new federal program may change the landscape of law school
finances for students who devote their careers to public service. In
brief, the program provides law school debt forgiveness to law
students who work as public interest attorneys for at least ten
years. The program is new enough that the full consequences to the
profession remain unclear, but most
studies of the legislation view it as a godsend for public
interest lawyers. Several elite law schools have offered similar
programs for some time.
I teach entire courses on the relationship between money and law and
I am writing a book on the subject. If you would like to read more,
this article may interest you.
4. Deciding Where to Go
A new set of questions should come into focus once you have been
accepted to one or more law schools. In general, choosing the
highest ranked school provides a starting point. Regardless
of the complaints one has about the biases and superficiality of law
school rankings, the U.S. News provides an accurate
account of how the powers that be view particular law schools. For
another perspective, see Brian Leiter's equally controversial
rankings. In addition to the general rankings, you can also find
hierarchies for specific areas of legal study. As mentioned above,
you should pay special attention to these if you intend to narrowly
focus on a particular area of law. Thus if you know that you want to
practice health care law, for instance, you should think seriously
about choosing the University of Houston over American University
even though American generally ranks higher.
Although I encourage prospective law students to disregard
geographic location when applying to schools, location becomes a
more significant consideration once you have acceptances in hand. As
a general rule, the lower ranked the school the more relevant the
location. Attending Yale Law School will not limit you to a legal
career in New Haven. Elite schools carry prestige widely. If you
choose a little known and poorly ranked school, the degree will
carry the most weight in its region. This is not to say that a law
degree from a bottom ranking school confines you to that region, but
only that you will probably find the majority of your
opportunities—interviews, clerkships, connections, etc.—in that
area. Relocating to another region will require a bit more effort
and luck.
Students—especially those enduring four years in Durham, New
Hampshire—sometimes claim that they would like to go to law school
“someplace warm.” Three years of law school will lay the foundation
for your life’s work. Do not treat it like Spring Break. Whether you
are in Ann Arbor or Honolulu, you will be holed away in the law
library studying for most of your waking hours. You should choose
the law school that will maximize your opportunities to work and
live a satisfying life after you graduate, not the one that offers
the best beaches for three years. If, however, you wish to build
your career in a warm climate, then choosing a regional law school
in such a location has some legitimacy.
As discussed above, the financial numbers will seem much more
concrete once a law school offers you the privilege of taking on
such enormous loans. Unlike undergraduate costs which are frequently
mitigated by scholarships and tuition reductions of various sorts,
in most instances law schools will expect you to pay the full bill
via loans. In some cases schools will recruit students with superior
credentials with scholarships, and here a candidate usually most
choose between full price at an elite school and a reduced rate at
less prestigious school. I faced such a decision and choose the
bargain. For reasons mentioned above, this worked out well for me
but I cannot know how things might have unfolded had I paid full
price for a top school. I probably would have been a stronger
candidate for some jobs—like teaching in elite law schools or
clerking for the Supreme Court—with a stronger law school pedigree,
but I have enjoyed many opportunities with my degrees. If I had
taken on the full debt of a private Manhattan law school, I do not
know if I could afford to work as a professor. I would probably
still be at a Manhattan firm. Visit a
debt calculator and have a hard look at the numbers. Remember to
add you undergraduate loans to your total estimated burden.
If you did not fare well in the application process, pause and
reevaluate your options. You only go to law school once and you do
not need to accept an undesirable offer. Should you study harder for
the LSAT and take another swing next year? A law degree from Harvard
costs about the same as one from Suffolk. Is it worth taking on such
debt for every school? Also note that choosing a poorly ranked
school makes it especially important that you make law review and
otherwise do well. While even the worst Yale Law students seem to
have plenty of opportunities after graduation, mediocre grades from
a bottom ranking law school can create a potentially dangerous
combination of debt and unemployability. I do not mean to imply that
you must be on the Stanford Law Review to get a good job or be a
successful attorney, but only that you should soberly evaluate your
likely post-graduation opportunities. Most of those $160,000
starting salaries go to graduates from the top ten law schools.
At some point you will need to decide and—if you find one of your
options satisfactory—submit a deposit to a law school. In many cases
you may be waitlisted at a school you prefer. Sketchy situations
arise here. Some students place deposits at multiple schools, an
ethically suspect practice with a domino effect on other students.
If I place a deposit at both Franklin Pierce and the University of
Connecticut, I leave in limbo the person behind me in line waiting
for an acceptance from either school. She may remain on the waitlist
until classes begin, only to have her spot at Connecticut open up
when I do not show up for classes there because I decided on
Franklin Pierce. Meanwhile she may have begun classes at the
University of Maine, but then uproot once Connecticut offers her a
spot. Then Maine offers her seat to someone on their waitlist, and
so on. Having already endured an emotionally taxing application
process, this can be terribly stressful and disruptive to your first
year in law school. Similar concerns apply to students who attempt
to transfer to a different law school after the first year. You will
have little time or energy to go through the law school application
process while in the throes of the first year curriculum, and I
doubt that many students successfully “upgrade” via transferring.
Don’t bank on it.
5. What to Expect in Law School
Dozens of law professors have offered plenty of
excellent insider’s advice to law students, so I will be brief.
The basic curriculum varies little between law schools. You will
take eight to ten assigned classes over the first year, usually some
combination of constitutional law, criminal law, torts, property,
contracts, civil procedure, and legal research and writing. You have
little choice regarding your schedule, and this academic boot camp
will test your limits. All but the research and writing courses will
typically be large courses of seventy or more students taught in a
form of the “Socratic Method” specific to legal pedagogy. In some
cases anonymous day-long written exams will determine your entire
grade in each of these courses. Thus you can find yourself a few
days before your final exams, facing several marathon tests during
finals week, and with very little feedback regarding whether you are
studying the massive and dense books properly. Add the stress of
accumulating debt and you can appreciate why most law students
consider quitting at some point. Your classmates will intimidate you
and you will wonder if you belong here.3 I certainly had my days during the
first year when the whole process seemed like an absurd and
masochistic initiation ritual, but in retrospect it was pretty
reasonable.
The research and writing courses, I believe, are far and away the
most important. These smaller classes train you in the skills of
thinking, writing, and arguing in the legal style. Good research and
writing professors work you hard and provide copious feedback. If
you can learn to proficiently read, write, and research in the legal
style, these skills will transfer to every other course and written
exam. Make the investment in these legal writing courses. If you
must choose, work for a research and writing course should take
priority over studying for your other courses. I view research and
writing courses as so fundamental not only because they pay
dividends in your other courses, but also because these skills are
the building blocks of good lawyering. I’ve said half-seriously that
I forgot just about everything I learned in law school except legal
research and writing, and that was all I needed. If you ever need to
know some legal fact while practicing law, you will look it up and
communicate what you found. You need the skills to research and
communicate more than the raw knowledge of laws. To some extent all
of the other courses in law school provide pretexts for practicing
legal thinking. The best litigators, for instance, do not
know much about any specific area of law. Instead, they master the
craft of efficiently researching, writing, and arguing about matters
they may have never studied in law school. You will eventually need
to demonstrate proficiency in certain areas to pass the bar, but you
will take bar preparation courses designed specifically for this
purpose.
Just as you finish the last exam of your first year of law school,
the law review competition begins. You will be running on fumes at
this point and the timing is cruel, but an offer to join the law
review can be as important as the offer of admission into the law
school. Law reviews serve as the primary “honor society” in law
school and segregate student populations into roughly the top ten
percent of students and everyone else. Law review students get the
best job offers, the best clerkships, and the best research
assistantships. Membership delineates the law school caste system.
Membership on a law review at the one-hundredth ranked law school
can make you competitive with non-law review students at elite
schools. If you rise to become editor-in-chief of your school’s law
review, you will be treated as the best of the best at your school.
One gains entry to law reviews through a combination of first year
grades and something like a “writing competition” conducted after
first year final exams. As a member of the law review you will serve
as an editor for the journal. You will gain intimate knowledge of
The Bluebook.
The second and third years of law school tend to feel less onerous
and seem more like other graduate programs. Students choose from
electives based on their interests, classes are usually smaller,
professors provide more feedback, and second year students have a
better sense of what the faculty expects of them. Jobs opportunities
begin to materialize and third year students may know by September
where they will be working after graduation. Bar preparation begins
soon after graduation.
6. What Can I Do with a Law Degree?
A law degree opens many doors beyond the obvious, and dozens of
books with titles like
What Can you do with a Law Degree? enumerate the possibilities.
You can find almost as many treatises along the lines of
The Unhappy Lawyer: A Roadmap to Finding Meaningful Work Outside of
the Law.
I repeatedly mentioned my work in a large urban law firm, in part
because I can speak from my experiences and in part because the
salaries associated with such jobs occupy the imagination of many
attorneys in the making. These positions pay well, but you will work
very long hours. Depending on the firm and your disposition, you
might consistently devote from eighty to one hundred hours per week to the
job. That means something like being away from home from 8 a.m. to
10 p.m. seven days per week. You are always on call. Scheduling
dinner with your spouse can often end in disappointment because work
intervenes at the last minute. You record your efforts in billable
hours, requiring you to account for every six minutes of your work.
The more hours you bill, the bigger the bonus added to your base
salary. In other words, these high salaries come at a price. The
hours may be long, but I found the work less strenuous than slicing meat or landscaping.
Of the approximately 1.1. million attorneys in the United States,
however, such large firm positions constitute only
small fraction legal profession. A much
higher percentage of lawyers work as sole practitioners, in
small to medium sized firm, or in the public sector. One can find a potentially infinite variety of legal careers.
Whether in criminal law, international law, human rights law,
intellectual property law, family law, elder law, tax law, insurance
law, bankruptcy law, sports law, entertainment law, or various other
specializations, attorneys graduating from all accredited law
schools can design niches for their practice and
find satisfying and lucrative work. Many law school graduates, like
myself, make use their law degree in non-legal fields. Two of the
last three presidents of the United States have law degrees.
7. Gender and Race in Law School and the Legal
Profession
Statistics regarding race and gender in law school are grim.
According to the most recent census,
73% of licensed attorneys in the U.S. are male and 88.8% are white.
Recent
studies suggest progress
on these fronts, with
19.9% of
the J.D.s awarded in 2003 going to minorities and 49.2% to women.
For studies on the status of female attorneys, see
these articles from the American Bar Association’s Commission on
Women in the Profession. Also see the report from American Bar
Association’s Commission on Racial and Ethnic Diversity in the
Profession titled “Miles
to Go: Progress of Minorities in the Legal Profession.” Several
students have recommended the book
The African American Pre-Law School Advice Guide: Things You Really
Need to Know Before Applying to Law School.
8. Joint Programs
Many schools now offer joint programs between law schools and other
areas of graduate and professional study. One can now find tracks in
J.D./M.B.A., J.D./M.D., J.D./M.S.W., and all stripes of J.D./Ph.D.
These arrangements often present distinct opportunities for funding
law school and students can usually complete the joint program in
less time than the two degrees pursued separately. Applicants to
these programs typically must be admitted separately into both the
law schools and the accompanying program. See
Brian Leiter's controversial but informative
opinions about J.D./Ph.D. programs in philosophy. See the
the
Philosophy Department's materials
for advice specific to philosophy graduate programs.
9. Addendum on UNH and Franklin Pierce Law
Center
From a
June 10, 2009 statement:
“President Mark Huddleston has accepted a recommendation from an
internal working group to merge with the Franklin Pierce Law Center
in Concord, which, if it comes to fruition, would add a law school
to the university’s existing schools and colleges. ‘I heartily
endorse the recommendation that the university move forward with
this partnership, and look forward to working with the USNH Board of
Trustees and with our colleagues at Franklin Pierce Law Center to
advance the process,’ Huddleston said. The Concord law school
approached UNH with the idea of merging in January 2008 to help
Franklin Pierce Law Center reach its goal of becoming a Top 100 law
school. Franklin Pierce is ranked as a third-tier school by US News
and World Report but is in the top 10 in intellectual property law.
It has 480 students, 80 of whom are New Hampshire residents. Tuition
is approximately $35,000 a year. A working group was appointed in
October 2008 by Huddleston to explore the possibility of a merger.
In its recommendation to Huddleston, the group stated the move would
provide a ‘unique opportunity that would be very beneficial to UNH
in many ways.’ Discussions with FPLC and the USNH Board of Trustees
to review and ultimately approve a merger will begin as soon as
possible.
The full report and recommendation from UNH’s merger working group
is
publicly available.
Notes from Former Students School
Referenced Above
1.
A student advises: "I think that it can not be stressed enough that
that stupid test is worth (in the end) putting all the time into. I
would definitely say to anyone applying to think long and hard about
the decision, because law school is WAY too expensive and time
consuming to do if you are not fully committed to it."
2.
A student advises: "I think that it is hugely important for
anyone considering law school to understand what kind of impact it
will have on your social life.... Especially with the first year
schedule, you are basically in class from 8-4 every day, then come
home/stay in the library and read for the next day. Forget about
seeing anyone during finals week. Thankfully, after talking with
you and others who had gone through the process we were prepared for
what would happen, and a few trips to the florist always helps."
3. A
student advises: "A specific piece of advice for students coming
from UNH, particularly going to more prestigious schools, would be
to have as much confidence in yourself as you can. Some of the jerks
from the private schools will try their hardest to let you know how
impressive they are. It's not bad at Notre Dame, particularly
compared to other top schools (that's what the faculty say), so I
haven't had much of it. But it is definitely kind of intimidating
to have classes with multiple kids from Yale, Duke, Stanford, etc.
and now be on their playing field. I just had to remind myself at
the start that I was smart enough to get into the school, they must
think I can do ok, and after I got through my first cold-call in
class (one of the most terrifying moments in my life), things were
good."
|