Job Of An Attorney
Once admitted to practice by the highest court of a state (a function sometimes administered by the state's bar association), an American attorney may file legal pleadings and argue cases in any state court (federal courts usually require separate admission), provide legal advice to clients, and draft important legal documents such as wills, trusts, deeds, and contracts. In some states, real estate closings may be performed only by attorneys, even though the attorney's role in a closing may involve primarily notarization of documents and disbursement of settlement funds through an escrow account. Practicing law includes interviewing a client to identify the legal question, analyzing the question, researching relevant law, devising legal solutions to problems, and executing such solutions through specific tasks such as drafting a contract or filing a motion with a court. Most academic legal training is directed to identifying legal issues, researching facts and law, and arguing both the facts and law in favor of either side in any case. For several years, law schools have sent through far more students than new job openings have become available. This has often lead to attorneys (once they pass the bar) seeking work in other occupations, either by choice or by the lack of employment opportunities. This has led to a market in legal temps or contract attorneys, where attorneys spend a certain period of time working on tasks such as discovery for a case.
Law School
In the United States, a law school is an institution where students obtain a professional education in law after first obtaining an undergraduate degree.
Law schools in the U.S. issue the Juris Doctor degree J.D., which is a professional doctorate, and for most practitioners a terminal degree.
Other degrees that are awarded include the Master of Laws LL.M. and the Doctor of Juridical Science J.S.D. or S.J.D. degrees, which can be more international in scope. Most law schools are colleges, schools, or other units within a larger post-secondary institution, such as a university. Legal education is very different in the United States from that in many other parts of the world.
These basic courses are intended to provide an overview of the broad study of law. Not all ABA-approved law schools offer all of these courses in the 1L year; for example, many schools do not offer constitutional law and/or criminal law until the second and third years. Most schools also require Evidence but rarely offer the course to first year students. Some schools combine legal research and legal writing into a single year-long "lawyering skills" course, which may also include a small oral argument component.
Because the first year curriculum is always fixed, most schools do not allow 1L students to select their own course schedules, and instead hand them their schedules at new student orientation.
At most schools, the grade for an entire course depends upon the outcome of only one or two examinations, usually in essay form, which are administered via students' laptop computers in the classroom with the assistance of specialized software. Some professors may use multiple choice exams in part or in full if the course material is suitable for it e.g., professional responsibility. Legal research and writing courses tend to have several major projects some graded, some not and a final exam in essay form.
After the first year, law students are generally free to pursue different fields of legal study, such as administrative law, corporate law, international law, admiralty law, intellectual property law, and tax law.
Graduation is the assured outcome for the majority of students who pay their tuition, behave honorably and responsibly, maintain a minimum per-semester unit count and grade point average, take required upper-division courses, and successfully complete a certain number of units by the end of their sixth semester. Students unable to meet these requirements are ejected and forced to pursue other career options; very few law schools will admit a candidate involuntarily dismissed from another school.
The ABA also requires that all students at ABA-approved schools take an ethics course in professional responsibility. Typically, this is an upper-level course; most students take it in the 2L year. This requirement was added after the Watergate scandal, which seriously damaged the public image of the profession because President Richard Nixon and most of his alleged cohorts were lawyers. The ABA desired to demonstrate that the legal profession could regulate itself and hoped to prevent direct federal regulation of the profession.
As of 2004, to ensure that students' research and writing skills do not deteriorate, the ABA has added an upper division writing requirement. Law students must take at least one course, or complete an independent study project, as a 2L or 3L that requires the writing of a paper for credit.
Most law courses are less about doctrine and more about learning how to analyze legal problems, read cases, distill facts and apply law to facts. Legal education focuses on skill-learning, not law-learning.
Many of the top schools in the United States are much more interested in teaching students legal theory and analysis than they are in the specific doctrines or "black letter law". Top schools emphasize theory over practice for several reasons. First, these schools often train legal academics, who will be teaching future lawyers. Second, professors at these schools are often interested in questions of legal theory and legal reform, as they themselves are, and were, often not practitioners. Third, these schools often have the most prestigious journals, and students are encouraged to engage in scholarship to publish in these journals.
However, clinical education is very important, and many schools, such as Wisconsin Law School and University of Maryland School of Law, differentiate themselves with excellent clinical programs. Moreover, students often seek out clinical programs because doctrinal courses offer little in the way of practical training. On the other hand, clinical programs may be emphasized to the detriment of opportunities for more lucrative tracts such as corporate law.
In 1968, the Ford Foundation began disbursing $12 million to persuade law schools to make "law school clinics" part of their curriculum. Clinics were intended to give practical experience in law practice while providing pro bono representation to the poor. However, conservative critics charge that the clinics have been used instead as an avenue for the professors to engage in left-wing political activism. Critics cite the financial involvement of the Ford Foundation as the turning point when such clinics began to change from giving practical experience to engaging in advocacy.
Many law students participate in internship programs during their course of study. In some schools, such as Northeastern University School of Law and the Earle Mack School of Law at Drexel University, students have the opportunity to pursue co-operative education programs during their legal education careers.
Finally, it should be noted that the emphasis in law schools is rarely on the law of the particular state in which the law school sits, but on the law generally throughout the country. Although this makes studying for the bar exam more difficult since one must learn state-specific law, the emphasis on legal skills over legal knowledge can benefit law students not intending to practice in the same state they attend law school.
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