Let's be honest. Would you go to law school if you knew you'd end up in the middle class, serving the needs of that same sector?
My gut tells me that many of you would answer no.
For one thing, that's not what feeds our images of lawyers in popular culture. In movies and TV shows, lawyers work on sexy and high-stake cases for sexy and high-stake clients. I can't recall any shows where lawyers are reviewing leases for folks who shop at Walmart.
Then there's the money factor. Though just a small fraction of law graduates work in Big Law and make the $160,000 starting salary, people still dream that law will somehow lead to the jackpot—or at least a cushy, upper-middle-class existence.
I think aspiring lawyers still harbor those dreams, even though everyone knows that the legal job market stinks now. (Remember, less than 50 percent of employed law grads even got a job in private practice, according to the latest figures from NALP. And the situation is also bleak for public interest lawyers who want to help the indigent.)
But here's the thing: The middle class needs lawyers, but graduates don't seem that anxious to serve that sector. Kendall Coffey, a former U.S. attorney who is now a partner in Coffey Burlington in Miami, writes about this in The National Law Journal:
Ironically, while thousands of new law graduates fret about the chronic joblessness that awaits them, tens of millions of Americans need attorneys but cannot afford them. And much of the unmet need rests in America's middle class, which is neither rich enough to pay $250 an hour for lawyers nor poor enough to qualify for legal aid organizations.
Coffey calls the "union of jobless lawyers with lawyerless clients" one of the "greatest challenges" in the legal profession. So why is it so difficult in this tough legal market to get lawyers to serve America's middle class?
Coffee puts the blame on both law schools and new graduates. Both, he suggests, regard middle-class representation as a drag on their brand:
Image-conscious law schools fear that doing so might lower their rankings; law students laden with student loans might prefer careers outside of law to the modest income a middle-class practice would bring.
But I think there's also a third reason that he doesn't talk about—which is that many people who go to law school never had a genuine passion to be lawyers in the first place. Many think of law school as an extension of the liberal arts degree or a quick way to make a fat salary—or ideally, both. I totally understand that, because I (and many of my classmates at NYU Law School) fit into that category.
So here's the litmus test: Do you want to be a lawyer badly enough that you'll set up shop in a strip mall in a not-so-glam part of the country (Iowa really needs lawyers! ) to work on wills, mortgage documents, divorce papers, and such?
Maybe this is one way to ferret out who really wants to be in the game.
It's interesting that law schools are taking this view on some cases. I've never heard of this happening before. I need a lawyer, and I'm definitely middle class. Hopefully we can find a lawyer that knows our needs and can help us. http://www.mbdglaw.com/pages-added/family.php
Posted by: Caleb Hart | April 17, 2015 at 02:24 PM
I don't think it has anything to do with ego...that's a major grind to practice with enough volume at those rates to make the "middle class" living that I guess the "love of the law" is suppose to satisfy us with. And the love of our clients, I suppose...Not advocating biglaw as the only way, far from it, that's hell on earth, but you this living isn't for everyone, either.
Posted by: Guest | September 6, 2012 at 04:26 PM
Great article! I've had both ends of the spectrum. After finishing at NYU I got a classic "big law" position where I worked for several years. It was high paying - but I was completely unfulfilled. There was no passion for the law, no real "happiness" for me or my colleagues. When I left to set up my own firm, I found it surprisingly easy (compared to my initial fears). If you have an internet connection, computer, printer/scanner - you can open a law office. People forget that our skill is in our heads. You don't need a corner office - or the corner office lease payments. The first 2 years were tough but I've made a very good salary ever since and most importantly - I have never been HAPPIER in my professional career than I am right now. Oh - and ALL of my clients are middle class. They pay their bills on time because of how I screen them beforehand. Life can be good...still a challenge - but good nonetheless. I wish more law schools prepared students to explore all of their options instead of convincing us that there is only one way to practice law.
Posted by: Daniel | August 24, 2012 at 10:16 AM
Unfortunately, a lot of middle class people (at least where I practice) don't like to pay their lawyer bills. This has been a HUGE problem for me (and presumably many other attorneys) trying carve out a niche in small law.
Posted by: Erik | August 21, 2012 at 06:28 PM
Rose, you are 100% correct. The promise of a steady stream of income and repeat work from a solid client is a big part of the draw of in-house work. Add to that the problem of collectibility--not only are solid middle-class individuals often unable to pay a realistic retainer up front, but they are unable to keep paying month after month for the life of the matter. This is especially true in litigation, but it is often true for any on-going legal matter that is not flat-fee. And flat-fee only works for the lawyer when there are no significant variables in the product being supplied. I don't have any answers; I just live the problem every day.
Posted by: Gregory Dolton | August 21, 2012 at 01:29 PM
Here's another thought. When you work for a firm and have Citibank for a client, you are pretty much assured a steady stream of work. But when you hang a shingle and a client walks in the door, that person will likely need a will or a real estate closing, and won't be back for a few years until the next major life event. Then you're back to drumming up business. I think it's not the legal work lawyers mind, but the business development. And the smaller the client, the more of them you need to make a living.
Posted by: Rose | August 21, 2012 at 12:40 PM
You can boot strap a law office in a small town. Office space can be cheap. And who knows after 10 years in practice and doing some PD work you might even have a decent amount to bring home. There will be guys in factories bringing more home to their families. Health insurance is a tough one. But you will make friends and help people. And at some point will have the leisure of deciding which clients you help. Getting loans being self employed is such a wonderful experience. Even with the pains, if you are ready to work, it is worth it.
BTW look into income based loan repayment and if you do pd work look into loan forgiveness.
Posted by: Greg | August 21, 2012 at 11:22 AM
Newly-admitted lawyers don't know jack about practicing law. I don't care how smart and motivated they are - there are just too many minefields in actual practice that you learn to avoid with experience. Good intentions won't keep them and their clients out of trouble. However, nothing will change until law schools start graduating lawyers with practical experience and without enormous debt.
Posted by: Vicki | August 21, 2012 at 08:39 AM
I am one of those people who ended up that way because I was already older @34 when I graduated, had worked as a teacher, but no one wanted to hire me for the big firms because I was older and had a rather solid resume in other fields when I graduated. I ended working for a ProBono Family law clinic part time (I was still teaching) and then opened a part-time Family Law practice that hs been rather successful for 15 years. I also do wills, some PI, etc. The issues of middle class practice is not so much that clients can't pay the $200/250/hr, but can't pay a huge retainer fee. I take credit/debit cards and do payment plans. Many of my clients are now my friends and have referred other clients to me. Many still encourage me to go full-time. But I liked being able to pick good clients, rather than any client to pay the bills. I work out of my home and take a home office deduction. Some rather well know high profile attys in my area do the same. So it is doable without overhead to actually serve a middle class client, but you might want to start part time, or with a solo or sm. firm.
Posted by: MMA | August 21, 2012 at 08:39 AM
When I first moved to Los Angeles from New York City, I took the lay of the land and saw many excellent lawyers working with middle class clients. It happens a lot here. I guess (do not know), that it happens even more in smaller cities and towns. Frustrated lawyers without major egos or major debt, may want to consider moving.
Posted by: K.C. Victor | August 21, 2012 at 08:06 AM
Frankly, I would have been (and still would be) delighted to practice that way. But no one is hiring at that scale (and if they are it's for crazy hours and salaries similar to legal aid) and starting your own practice requires overhead and the financial ability to forgo a salary for at least a couple years while the business starts up. Most people who do it either have family money or a spouse with a solid salary. The middle class needs lawyers everywhere, not just in Idaho or Iowa, but the financial barriers to ethical entry are way higher than the barriers wrought by snobbery.
Posted by: RES | August 21, 2012 at 06:15 AM