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A continuing issue for the profession is how to increase diversity and inclusion in law practice. When looking at the so-called pipeline, it’s not usually clogged with a full stream of candidates looking at law as a career. Why? What do you think?
Hard to get into law school, hard to stay in, hard to pass the bar (at least in California but that seems to be changing), hard to get the first job, the second, and so on, hard to figure out how to manage the crushing debt load that accompanies law students, hard to get clients, and hard to keep them, especially if the practice is a “one-off,” like bankruptcy or family law.
And hard to forget the images of lawyers as ambulance chasers, greedy billers, and other unsavory characters. Not to mention the lawyer jokes, yes, the lawyer jokes. No jokes about all the pro bono work, voluntary or involuntary, no talking about good works that lawyers do, almost always without mention. The vast number of our colleagues represent their clients quietly and efficiently. Now, given all those things, why would anyone want to become a lawyer?
That’s the question that the State Bar of California wants to answer in a positive way. “You want to make a difference in the world. Becoming a lawyer is a powerful way to have real impact.” (The State Bar’s language, not mine.) It has published a brochure that seeks to answer the question “How do I become a lawyer?”
Using that title, the brochure explains how that can happen. It starts out by telling readers that there are two ways to become a lawyer here in California: law schools and the law office study program. (Think Kim Kardashian West.) It notes that California has over 50 law schools, from ABA accredited to state accredited to registered unaccredited. Of course, the devil is in the details, and the brochure doesn’t go into the differences (maybe for fear that readers’ eyes will glaze over).
The brochure reaches out to high schoolers, college students and graduates, and those who have no college degrees, offering pathways to all of those who want to become lawyers. For the high school students, the mantra is study (get good grades), explore (debate team and other extracurricular activities), and plan (talk to school counselors about how to fund college education). For the college students and graduates, the mantra is study (get good grades and write, write, write, study for the LSAT — if it’s still around), explore (visit law schools, attend court proceedings, volunteer in a legal setting), and plan for how the law school education is going to be paid for. And if there’s no college degree, all is not hopeless, as there are some law schools in California that will admit those degreeless.
Probably because the State Bar doesn’t want to scare prospects off, the brochure is mum about the cost of that legal education. It does suggest that prospective lawyers research grants, assistance programs, and scholarships. (Any hints there?) If none of those pan out, then it’s heavy debt time. I think the brochure misses the mark by not being transparent about the cost of a legal education, especially when it is piled on top of undergraduate loans. The cost may indeed scare some away, but isn’t it better to be candid up front about the financial commitment? Some newer lawyers might have chosen to do something else, rather than racking up ginormous debt.
TV shows and movies portray the “glitz and glamour” of the profession, but the reality is something quite different. Yes, you can be a trial lawyer in government or private practice, but if the latter, you won’t try many cases, given the expense. Yes, you can be a litigator, but I wonder how many wide-eyed prospects understand that litigating is usually discovery and motion practice and can be incredibly dull and dreary.
The threshold question for prospective lawyers is what they would want to do with the bar license: practice law with its possibilities for social justice or something else? Much of law practice is prosaic work, repetitive to the point where you want to stick a fork in your eyeball for variety, but I’ve always thought that a legal education is worth having, if you can bear the cost.
It can be a rewarding profession, especially when you think you’ve made a positive difference in a client’s life, when a client thanks you for your time and effort, and even pays your fees without complaint (!), but those times can be few and far between. It can also be the profession from hell, when clients refuse to take your advice, think you’re a moron (and that’s the nicest word I will use here) and believe your bill is way too high for the services rendered, and so it’s either heavily discounted or not paid at all.
I would have liked to have seen a warning about how much a legal education will cost. Honesty is still the best policy. Not everyone will get Biglaw jobs or want them, and so prospective lawyers should know, certainly in college, the costs. It’s fine to talk about access to justice, but it’s not just about the representation, but about paying for the education that will provide that representation. Student loans are not difficult to come by, but paying them off is another kettle of fish altogether.
Hopefully, this brochure will encourage prospective lawyers to consider and then embark on legal careers, diversifying what it is still a homogeneous profession (although it’s improving … but way too slowly). It says that if you want to become a lawyer, you can do it. Implicit in the brochure is encouragement for minorities to become lawyers and return to their communities, to provide access to justice. Clients want and need lawyers who look like them. For far too long, that has not been the case.
Jill Switzer has been an active member of the State Bar of California for over 40 years. She remembers practicing law in a kinder, gentler time. She’s had a diverse legal career, including stints as a deputy district attorney, a solo practice, and several senior in-house gigs. She now mediates full-time, which gives her the opportunity to see dinosaurs, millennials, and those in-between interact — it’s not always civil. You can reach her by email at oldladylawyer@gmail.com.
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Is This A Good Idea? - Above the Law
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