Constitutional Daily

Passionate, Flexible 0Ls? Sounds Sexy. Or Stupid.

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Yesterday the US News University Directory published a news piece with the headline, “Law School Students Use Passion and Flexibility in Struggling Job Market.” Never the kind to turn down an opportunity to roll our eyes at idiocy, we read the article.

The headline is off to a great start: redundant and almost completely inaccurate. “Law school students” because somehow “law students” wasn’t clear? That headline might lead one to believe this article would be some kind of focus piece on individual law students who have done something passionate or flexible with their law degree. Nope. Note even a little.

The article is actually about pre-law students, and no one is actually using passion or flexibility- they just think their hypothetical future selves might. The job market is struggling, though, so at least they got something right. Well, actually, the job market itself isn’t struggling, but people in the market are. …Well, not even really in the market yet. But whatever. Close enough?

The article claims that despite the difficulties of the current legal market, students are still “flocking” to law schools. Students are flocking to law schools the same way lemmings would flock off a cliff if a Stopper lemming was dropped in the middle of a herd and some Builder and Digger Lemmings got the rest to safety. Law school applications are headed for a 30 year low, and despite some schools voluntarily cutting class sizes, there’s a good chance numerous schools will find themselves with empty seats. There’s still a flock, but the context demands mentioning it’s a significantly smaller flock.

The article goes on to cite a survey by Kaplan Test Prep, which says that half of pre law students plan to use their law degree in a nontraditional legal position because of the condition of the legal market. And Jeff Thomas, Kaplan’s Pre-Law guy thinks that’s just okay:

While we'd always counsel students to go to law school with the intent to practice law, society is filled with lawyers in all types of positions - politicians, lobbyists, authors, law enforcement officials, executives at professional sports leagues, and more - which shows that law degrees can be applied to a broad range of career options.

We could point out that if you’re planning on doing something other than practicing law, you’re better off getting a degree that’s much more on point (and probably cheaper) than a law degree. If you want to be an author, get an MFA. If you want to be a police officer, study criminal justice or go to the police academy. If you want to be a politician, get an MRS and wait for your husband to hit his term limit. There are just so many other, better choices than a JD for alternative careers.

We could also point out that if you don’t intend to practice law, but instead want to use your JD to be a politician, lobbying, author, police officer, or professional sports league executive, you’re going to first need to practice law. For most of these, look at a stay in the legal profession of 15 years to life, maybe 12 if you get out on good behavior.

But we’re not going to say that. What we’re going to say is that if you believe a test prep company about the viability of alternative career paths, you’re embarrassingly gullible. Test prep companies are only going to make money if you’re planning on taking a test they can prep you for. There’s no politician or writer version of the GMAT, GRE, or LSAT. You don’t sell test prep programs by telling people to get an entry level position in their target field.

Furthermore, if you believe a test prep company about the viability of alternative career paths, fire your test prep company, because they’re obviously doing a pretty terrible job at teaching you logical thinking. That’s probably on your test somewhere, and you officially suck at it.

According to the survey, while half of these bright pre-law minds don’t plan to actually practice law (because they’ll be exploring that alternative career path), 71% of them are going to law school so they can have a career they are passionate about. Here’s what law school has given us at ConDaily a(n increased) passion for: beer, wine, spirits, sleep, not getting enough sleep, client-hating, and confusing parenthetical placements.

The only sense demonstrated by anyone referenced in the article comes from the 43% of pre law kids who said they would postpone or alter their law school plans if they did not receive enough financial aid. At least some of the flock gets to the edge of the cliff and says, “Oh hell no. Not without an umbrella.”

I Hope They Serve Beer on Broadway

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Raise your hand if you saw this coming. Now put your hands down, because no you didn't. Tucker Max's I Hope They Serve Beer in Hell is being turned into a Broadway show.

The show will be based on the book, rather than being an adaptation of the movie (which combined some plots, made some new stuff up, and generally deviated from the text quite a bit), the play is being written by Kit Sanderson (two seconds of Googling didn't reveal anything interesting), and you will be able to purchase and drink beer at the theater, which is actually not that uncommon, though being able to take your drink from the lobby and into the actual theater is a bit of a novelty (not like anyone was actually sitting through Legally Blond without sneaking in a flask).

The show opens June 5th, and Tucker Max will be played by Abe Goldfarb, who has the double Cartman no-nos of being both Jewish and a Ginger:

Frankly, we think he looks the part.

30 Seconds for Brian Loncar

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Law firm with "HURT" in the phone number? Even Sweet Brown got time for that!

Should You Take a Document Review Job?

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Yesterday we gave you this picture from the ABA's website of a blonde LF10 talking to a brunette RW10, asking for possible captions. As a commenter pointed out, they are probably discussing just how the hell that folder is flying, cause neither of them seems to be holding it. Is this the sort of next level shit they showcased at the ABA Tech Show?

 

Not liking to play fair, we already had the winning caption in hand, provided by none other than the ABA itself. This picture appears on the top of all pages in the publications section of the ABA website, but one page in particular stood out:

 

Bazing!

You can read the ABA's full analysis of doc review jobs, but we've selected two gems:

Document-review work is not glamorous, but it is a common way to gain legal experience and provides valuable insight into the discovery process in many different areas of law. It is often done by solo practitioners looking for extra income or new law school graduates who have not yet secured permanent employment.

Document review is not legal experience. Not by a long shot. You might get a little bit of knowledge about privilege, but you could have just grab a free MPRE study guide and get the same information. The number of valuable insights to be had in document review is less than the number of opportunities for promotion.

The ABA also misses the mark in saying it's something you can do as a solo, or to earn "extra" income. Truth is document review is going to be all or nothing. It's rare that a company will let you work your doc review schedule around the few client meetings and court appearances you have for your struggling solo practice. There's an oversupply of lawyers willing to do this work, and doc review companies want 40+ hours a week.

Although most assignments are done with a looming discovery deadline, it is uncommon to work over forty hours a week. Best of all, document review assignments rarely involve weekend work. Some attorneys may find this schedule preferable to a demanding firm job. At minimum, document review work is a good way to get your feet wet and earn a steady paycheck.

It's uncommon to find a document review position for less that 40 hours a week; more than 40 hours is common, though overtime rates are not. And plenty of doc review jobs require working 6 days a week (as noted in a different article the ABA has on document review). Despite the hours, doc review still has a schedule that's preferable to most firm jobs because when your day is done, it's done. You're not on call 24/7. Although, firm jobs pay year-round. Doc review's schedule means constantly being in search for your next gig.

Despite their being some slight perks to the schedule, it's entirely disingenuous to say that some people "prefer" that schedule. They don't. They'd prefer the schedule of working 60-70 hours a week and being on call all the time because that's the schedule that comes with a real lawyer job where you do real legal work (see the ABA article on minority attorneys being "left to languish" on document review projects). If you neither advise nor represent clients, and doing so is nowhere in the future of your job, you're not a real attorney.

That's nowhere to be found in this introduction to document review. You might need a license to do the job, but you're not practicing law. And you're not getting your feet wet either. You're part of the legal process, but you're in a deadend bottom position, and legal secretaries get to see more of the process than you.

But, to answer the question, should you take a document review job? The answer is quite simple. How desperate are you for money? If you still hold out hope of having a professional career, and your water hasn't been shut off yet, no. Don't do document review. If you don't mind being a basement dwelling nobody for the rest of your career, or are living in conditions so squalid that guinea worms are a real threat, then yes, take it.

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