Law in Contemporary Society
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Pursue a Career You Enjoy, and the Money Will Come… Will it?

Ever Since middle school, my teachers have been expounding upon me the notion that the key to a lasting career is to choose something that you are passionate about and success (financial) will follow. This message was in direct conflict to my upbringing. My family had its own idea about the proper strategy for choosing a career, and it involved choosing a career that makes money, and this will ultimately lead to a life of happiness. My decision to come to law school and become an attorney has been influenced by both extremes of the spectrum. I still believe that a Juris Doctorate, despite the present economic crisis, is a versatile degree that gives its degree holders a variety of options to have some autonomy in their career path. However the practicality of a law degree also influenced my decision to become an attorney. With the present economic situation, made real to me by the grim job prospects for first year law student, I realize a decision to attend law school or pursue any career path founded solely on the prospect of financial gain seems a bit absurd. Yet the notion of pursuing a career in law based on one’s interest in the law seems equally absurd, since prospective students have only a limited knowledge of what the law entails.

It is not possible to fully appreciate the expectations or demands, which the study of law entails, until one is actually immersed in the field. Oliver Holmes Jr. in “Path of the Laws” describes the purpose of the study law as “the prediction of the incidence of the public force through the instrumentality of the courts.” According to Holmes, attorneys are hired to take calculated risks on behalf of their clients. While knowledge of precedent cases and relevant statutes help guide attorneys, the task is complicated because there are many areas of the law that remain unclear and subject to judicial whim. Two constitutional law cases that come to mind are United States v. Morrison and Gonzales v. Raich, which dealt with Congress’ commerce clause power. In Morrison, the Court struck down a federal statute that provided compensation for victims of gender violence, although congress provided evidence that gender related violence deterred and inhibited victims from traveling or engaging in interstate activity. The Court reasoned that gender motivated violence is not economic activity and therefore beyond the purview of the commerce clause. Yet, in Raich,, the court upheld a federal statute banning the private cultivation and use of marijuana, solely for medical purposes. Using home grown marijuana in one’s home does not invoke an economic activity, yet the Court upheld Congress’ authority to regulate it under the commerce clause. The study of the law does not always make logical sense nor is it an easy science with set skill requirements. Instead, being an attorney involves an array of skills not easily captured by words nor easily conveyed to prospective law students.

Even if the skill sets necessary for becoming an attorney were easily identified, prospective law students would still find it difficult to know whether they were well suited for the job. For instance, one skill that I believe is valuable to all attorneys is the ability to communicate persuasively. This became evident to me as I prepared for a moot court competition recently. When the law is unclear and both sides recognize its ambiguity, the outcome depends on which side conveys the information most persuasively. However, being persuasive with the law is an acquired skill that comes with experience and confidence. Most law students, at least 50%, come directly from undergrad. These students often have limited relevant work experiences and are still in the process of learning about themselves. Growing up, I heard many misconceptions about what type of person would be a good attorney; I remember hearing people say, “You are very argumentative, you should be an attorney.” Obviously this is not what a persuasive legal argument is and the only for people to know whether will be persuasive is to do it. The only way to accurately know whether one will enjoy the task of being an attorney is to become an attorney.

Choosing a law career because of one’s “passion” for practicing law is just as likely to lead students to choosing the career for money. Without a fully developed plan and firm grasp of the practical reasons for pursuing a law degree, students are easily lured to the job that offers the most pay. Especially students, who have an unprecedented amount of loans to repay, they will find the lure of a firm job irresistible. The choice to choose a firm job becomes even more compelling once students begin attending the weekly 1L dinner receptions hosted by the various firms. At these events wine glasses are always filled and endless trays of hors d’oeuvres circle about the room. Even someone that believes he is making the decision to go law school based on his passion for law school is likely to be swayed by economic influence.

Rather than deciding to pursue a law career based on “whether I have an interest in legal studies,” I think it is important to consider the practical reasons for pursuing the career by asking oneself, “what will I be able to do with this degree”? For some the answer is that having a law degree enables them to earn a decent income, while for others it provides a voice to affect changes in society.

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r2 - 02 Mar 2009 - 01:31:23 - ShirleyBoutin
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