Becoming a Lawyer Without Going to Law School (2015)
priceonomics.com
priceonomics.com
Reading this article, it’s easy to conflate bar passage success with being an effective lawyer. Law school is probably better training for passing the bar than it is for practicing law. Thus, it wouldn’t surprise me that apprentices have lower passage rates than law school grads. Apprentices are training to practice – not to take tests. It is well understood among lawyers that law school may give you some discipline, some research skills, and some understanding about how to think about fundamental aspects of “the Law”, but that it doesn’t by itself result in being able to practice law. That happens over the course of about the first 5 years of practicing law. Becoming a lawyer or a doctor both take about 8-9 years, but with law, you do most of it out in practice. So in this sense, all lawyers are apprentices. Another thing that illustrates this point is the fact that a lawyer’s effectiveness has much less to do with the quality of their law school than is generally thought. I know many excellent attorneys who attended local law schools here in San Diego that do not rank well. What they did in their first 5 years (and other factors) mattered more than law school.
I see the arc of the profession as one that used to be more tuned toward apprenticeship in the context of a much slower overall pace of business and life toward one where it is increasingly hard to access that critical one-the-job training. Historically, clients would essentially subsidize the training of new associate attorneys, but, particularly since the belt tightening post-2008, clients increasingly refuse to do so and many law grads are left to figure it out themselves. Some have rules that no attorneys with e.g. less than 3 years’ experience are allowed to work on their matters. Another challenge are the strict laws in California on unpaid internships. I would be happy to provide training to a new lawyer in exchange for some unpaid help and know many new attorneys who would jump at the chance, but that is not allowed in California.
I might be missing something about the part regarding unpaid internships. Is this because those internships do, or can, pay so well (my former roommate IIRC was bringing in a couple thousand a week over the summer)? I don't really know the content of what those interns do but it seems if it's something that someone would be paid to do as a job that they should be compensated. CA has strict rules about that stuff because they have been, and still are, abused (see the entertainment industry).
Overall though, whether lawyers or other professions, our move away from apprenticeships and other sorts of on the job training or investment in employees has most likely been detrimental. When you read complaints about us Millenials job hopping and 'having no loyalty' a quick peek behind the curtain should reveal that it's not only economic (esp. given student debts) but you learn rapidly how merciless companies can be.
Additionally, the UK has a hybrid system that seems to work well, and they also have two types of lawyers: barristers and solicitors. From what I understand it’s easier to become a solicitor, but your mostly doing small cases and family law and can only argue before certain courts. Barristers have a more arduous path, take more serious cases, and can argue cases in the higher courts. Seems like we could adopt a similar system (though it’s probably too late at this point).
I understand what you're saying but I feel like the top 50 would be occupied by people in various types of art, food preparation/serving, personal care/service, and writing. It would probably be top 3 easily for the amount of debt most of the lawyers go into for their degree(which seems to be the issue you are getting at anyways).
[1]: https://economix.blogs.nytimes.com/2012/07/16/the-toppling-o...
That's not true in Scotland - solicitors have two years of on the job training after a law degree and a postgraduate qualification. Training to become an advocate (Scottish equivalent of a barrister) takes a year as a "devil" which means passing some extra exams and basically following a senior junior (or two) about for most of a year and you can do that after a single year of training as a solicitor.
During this phase you are an "advocate's devil".
Source - my wife was called to the Scottish bar - which is an amusing ceremony in itself (no clapping, only stamping of feet).
Additionally most advocates/barristers will work as a solicitor for several years before making the leap to the bar. It's useful to have contacts and to be somewhat known before you do your devilling/pupillage as the minority of the advocates/barristers will pull in the majority of the work and it can be slim pickings for someone who is new.
Edit: Not to say that domestic conveyancing can't be complex but the fees are so low for the actual conveyancing part (rather than the sales part) that you are unlikely to get a very comprehensive job done. I've heard utter horror stories of what can happen with conveyancing when it goes wrong....
You're right that it's generally harder to fully qualify as a barrister, though [edit: in England and Wales]: there's a compulsory year-long practical training in a law firm element, which is murderous to try to get a spot in.
The distinction's actually eroding in the UK. Solicitors can train in advocacy and get rights of audience in the higher courts, and barristers can now be instructed directly by the public (which used to be illegal: their client was always a solicitor).
Solicitors who do get the right of audience apparently don't appear as much as you'd expect - solicitors still use barristers/advocates to offload risk on high value cases.
So.. If you want to skip law school, have one of your legislator cronies slip in a law school loophole in a bill.
Non-lawyers are allowed to take the patent bar exam. It's the same exam IP attorneys take, except if you pass you cannot call yourself a patent attorney without a law degree. You get the designation of patent agent. That's what I plan to do- become one of the few licensed engineers that has also passed the patent bar.
These people often get called as expert witnesses in IP-related cases and get paid a huge amount of money. I am sure you know this, but it's definitely something to investigate.
"Today, only four states — California, Virginia, Vermont, and Washington — allow aspiring lawyers to take the bar exam without going to law school. Instead, they are given the option to apprentice with a practicing attorney or judge."
I have a BS in Computer Information Systems which is almost identical to the CS degree that I could have gotten. The difference was that it switched out some general classes and the foreign language requirement for business classes...which seemed like a good idea to me.
Only the BS in CS was accredited. I also have an MS but the patent bar strictly cares about your BS.
One interesting and controversial one is that mathematics courses are excluded from patent prep (i.e., mathematics is specifically excluded from the list of courses that qualify you for the patent bar[1]).
https://www.math.utah.edu/~palais/grb.pdf
https://www.math.utah.edu/~palais/usptovsmath.html
[1] perhaps this is why mathematics dressed up as something else often gets patented, because the patent bar specifically and deliberately excludes people with strong math backgrounds from the profession.
Then add the fact apprenticeships are not the norm so these lawyers are not making as much. Overall, it's quite silly and sad.
I wish software engineerers had an actual equivalent to the ABA, and no the ACM doesn't count.
I would also like to see some certification for actual software engineers. Also wish that businesses would not be allowed cheap out and rush software development. Partly, why I prefer hardware. The timelines why still may be fast are more reasonable.
1.) shaping a person's mind to be critical of presented facts and evidence.
2.) develop good skills in the art of arguing.
3.) develop good skills for legal research and dealing with changing laws.
Personally, I am skeptical someone who has not gone to law school is going to be good at those things and that's why I think law school sets a high baseline and is a good thing even if it is expensive.
Who the ABA hurts is lawyers. Requiring a JD, as opposed to just an undergraduate degree as is common in Europe, allows law schools to capture a lot of the lifetime income of lawyers.
That man was put behind bars by an incompetent prosecutor... who had become a lawyer without going to law school.
(Seriously.)
Unless there was prosecutorial malpractice involved, I'd say that the man whom you exonerated was put behind bars by a judge and a jury.
The prosecutor, by definition, played a role in the process, but it's not the deciding role.
Perhaps the innocent man's own lawyer (defender) was incompetent?
It's their job to seek justice. May seem like a distinction without a difference, but it's a crucial one.
http://www.henrycty.com/Departments/States-Attorney/The-Role...
https://sidebarsblog.com/prosecutorial-misconduct-spiderman-...
"It is as much his duty to refrain from improper methods calculated to produce a wrongful conviction as it is to use every legitimate means to bring about a just one."
Assuming the prosecutor believed the man to be guilty, and that the prosecutor didn't use improper methods to secure a conviction, I'd say they were competent.
Now, if they used _improper methods _to secure the conviction of an innocent man, or if they knew the man to be innocent, that's another matter. I'd agree that the prosecutor is in incompetent (in the sense of "not fit to be a officer of the court", and not in the sense of "not having the skills required to do the job").
But the post to which I replied made no mention of this evil intent, so I gave the prosecutor the benefit of the doubt.
It made mention of incompetence. I'll give OP the benefit of it here, since that's what sparked this whole thread.
For what it's worth, I think this is the case:
Prospective law students today should aim to maximize their application strength, and take advantage of the plethora of scholarships given out at just about every reputable law school (excluding HYS). Furthermore, attending a reputable school gives students access to public interest programs within the schools that support their high debt-relatively low -income students.
I've always felt IT was one of the only industries where this can fly (merit based rewards vs paper based reward system). Almost every job I've got in this industry (support, cloud, TAM, solutions architect) had steep requirements on paper that I did not meet, yet I got the job.
Could you spell this out for us? Who hold the largest debt? And promoted by whom?
"In 2010, the Congressional Budget Office (CBO) estimated 55% of loans fell into this category. Between 2011 and 2016, the share of privately originated student loans fell by nearly 90%."
"In February 2016, the U.S. Treasury Department revealed in its annual report that student loans account for 31% of all U.S. government assets."
that 31% figure is pretty concerning...
https://www.investopedia.com/articles/personal-finance/08121...
Hehe, having your degree on display on the wall!
Maybe it's your search engine that's to blame?
In Google the whole first page if full of relevant results when searching for either Mike Ross and Mike Ross lawyer.
(Maybe require a few ethics's classes, after a passing grade?)
"He had to quit going to high school because of health problems, and his parents sent him to live on his uncle Lucius Bunton's ranch in Presidio County, Texas for several months.[3] When he returned home, Johnson had ambitions to become a teacher; however, the Texas hill country at that time had no state-accredited high schools and no colleges. He learned that he could get a state-issued teaching certificate without finishing high school by passing a state examination.[3] In 1896, with the thirteen textbooks he needed to study for the exam, he moved to his retired grandfather's nearby home to study in quiet.[4]"
[1]see NCBE Bar Admission Guide http://www.ncbex.org/publications/bar-admissions-guide/
It's well-known to be a harder bar exam (I have taken both it and NY, for an anecdotal data point).
https://en.wikiversity.org/wiki/California_Legal_Apprentices...
"In California, this option is called the “Law Office Study Program” (rule 4.29 under the state bar’s legal code). All lawyers seeking to forego law school must meet the following stipulations..."
I'm considering it because of the lack of women in software engineering, and the multitudes in Law.
I'm neither a lawyer nor female, I am married to someone who is both and considered law initially (family of them). Are you missing working companionship or feel pushed out as a female in SW? Is there a specific type of law you'd like to go into, similar to medicine or even software, there's many many different paths.
Best of luck, curious why you're looking at switching, I still flirt with it sometimes. Personally, I think the unreasonableness of some of the dealings/proceedings would irk me too much. It is very interesting though and the lawyers I know genuinely help better other people's lives, directly, while making a decent living.
If you like the idea of working with patents, trademarks and copyrights, you may wish to take that route. A lot of Computer Science programs at universities don't meet the requirements and you'd need to supplement your existing degree with laboratory chemistry, physics or biology classes at your local decently accredited college.
Otherwise, feel free to ping me, happy to chat about it.
It's easy to end up six figures in debt with no decent job prospects.
I thought I would like corporate law especially working with startups. I got a job doing pretty much exactly what I wanted to do, but I didn't actually like it and only practiced for a year.
In my limited, purely anecdotal experience, comparing my developer friends and my lawyer friends, a much larger percentage of my lawyer friends hate their jobs.