Part 2 — PLAN No. 1183. THE LAW AS A VOCATION

Acknowledgment

For the material of this monograph the Federal Board for Vocational Education is indebted to the Vocation Bureau, Boston, through its publication The Law as a Vocation, of which this pamphlet is largely an abstract. The monograph was prepared by Dr. H. L. Smith, under the direction of Charles H. Winslow, Chief of the Research Division of the Federal Board. Acknowledgment is due to Dr. John Cummings of the Research Division for editorial assistance.

Are You Thinking of Becoming a Lawyer?

If you are and have not yet made up your mind, you will want to read this pamphlet, because it tells what the leading men in the profession of law say about law as a vocation. It tells you the answers that these men give to questions that are in your mind.

If you are thinking of entering the profession of law, you want to know the answers to these questions:

1. What kind of work should I have to do as a lawyer?

2. What personal characteristics should I possess to be successful as a lawyer?

3. How much general education ought I to have as a basis for a course in law?

4. What specific training should I need if I decide to become a lawyer, and how long would it take?

5. How should I be admitted to the bar?

6. What income may I reasonably expect to earn if I am successful in practice?

7. What are some other rewards to a lawyer in addition to the earnings from practice?

8. How many years would it take me to establish myself in practice?

9. How great a need is there for lawyers?

10. How much will it cost me to get an education suitable for the practice of law?

What Kind of Work Should I Have to do as a Lawyer?

“The work of the law is to establish rights, satisfy claims, protect the innocent against wrongdoers, secure convictions for the guilty, and to maintain a cause in the face of all forms of opposition and misrepresentation.”[35]

The profession of law, therefore, is a profession of action rather than inaction, of fighting for a cause. In this fight the lawyer finds his work in two rather distinct fields, office practice and court practice. Office practice again subdivides itself into practice of a public nature and practice of a private nature. Office practice of a private nature consists very largely in the examination of titles to property, the drafting of legal papers, such as deeds and contracts, the acting as trustee or guardian, the collection of accounts, and the giving of general legal advice. In the office practice of a public nature, the lawyer acts as public administrator, referee in bankruptcy proceedings, auditor of public accounts, etc.

In the field of court practice the lawyer deals with criminal cases, damage suits, etc. It is in this field that there is the greatest nervous strain, but at the same time the greatest opportunity for building up a wide reputation. In court practice an attorney conducting a case usually consults other lawyers and has their aid and counsel as associates in the case.

Both in office and court practice lawyers usually become notaries or justices for the convenience of clients in the acknowledgment of deeds, the making of affidavits, etc. Classified on a still different basis the principal fields of practice in law are five in number. Any lawyer would usually have the bulk of his practice in one of these five fields, acting in one of the following capacities: General practitioner, criminal lawyer, tort lawyer, real estate lawyer, patent lawyer. All but the first of these represent specialized fields.

The general practitioner performs various kinds of legal services, any kind in fact that may be called for in the community in which he lives.

The criminal lawyer limits his practice chiefly to work in criminal courts and deals with offenses that have been committed against society.

The tort lawyer deals with damage suits. The work of the tort lawyer is often divided into two fields, that of the plaintiff lawyer and that of the defendant lawyer. The plaintiff lawyer does work for those parties who are claiming damage. The defendant lawyer does work for those individuals or organizations that are sued for damage. Generally the defendant lawyer serves a liability or insurance company, corporation or other employer.

The real-estate lawyer is engaged largely in examining titles, and in acting as trustee and thus holding funds for investment. His work naturally brings him in close touch with both the buying and the selling end of the real-estate business, so that he usually, himself, engages to some extent in that business.

The patent lawyer assists in getting patents from the National Government, and in acting as an attorney in patent cases.

The following quotation affords a description of the work of a lawyer from another point of view:

“The lawyer spends a part of his time in studying law, reading statutes, decisions, reports, and treatises. The printed decisions in various States range from 1 to 18 or 20 volumes a year. With these and other legal material the lawyer is bound to have some acquaintance. Furthermore, the lawyer spends part of his time studying miscellaneous topics, which become the subject of litigation, such as street paving, the coal business, the chemistry of wall paper, and so on. Every science may have something to say to the lawyer. Part of his time is spent in consultation with his clients; first of all to ascertain the facts of their cases, and afterwards to explain to them their rights on the facts. He also spends time in writing letters and doing sundry business incidental to giving advice to his clients. This work for the client branches out into a search for missing witnesses, examination of records of deeds to discover the ownership of real estate, the perusal of the account books of a client to find out the balance of a claim or similar investigation. Furthermore, part of his time is spent in writing of pleadings and briefs; the pleadings are the statement of claim or defense made by him to the court; the briefs are his written arguments of law giving the legal reasons why the law favors his client’s case. Finally, he spends much of his time in arguments to the judge and jury, and in the examination of witnesses and other proceedings in court. Here, as in all occupations, nine-tenths of the work is what may be called routine work or even drudgery. This can not be escaped. The lawyer does not spend his time in preparing and delivering eloquent orations. As in other occupations, the really interesting work, full of perpetual zest, is usually a small part of the whole.”[36]

What Personal Characteristics Should I Possess to be Successful as a Lawyer?

The answer to the first part of this question is best given in the following quotation:

Certain personal qualities are fundamental for a success in the law; others though of high value are secondary.

The fundamental qualities are as follows:

1. Moral integrity, worthy of the trust often involved in handling the property and other interests of clients, or able to withstand inducements to unprofessional conduct. This involves intellectual honesty.

2. Persistence, to carry on to completion any piece of work undertaken. This means unlimited capacity for hard work.

3. Sound judgment, to take a right and well-informed attitude in questions involving law and facts.

4. Self-confidence, a belief in one’s ability successfully to handle a task when once entered into.

5. Concentration, power to bring all one’s thought and activities to bear on a case in hand.

These basal qualities, with adequate training in the profession are likely to bring at least a fair degree of success; the lack of any one of them is a serious handicap, and accounts for most failures.[37]

The loss of an eye, a hand, an arm, a foot, or a leg would not seriously interfere with one’s success as a lawyer. Good health is highly desirable but physical strength is not an essential to the practitioner.

How Much General Education Ought I to Have as a Basis for a Course in Law?

Some years ago even the best law schools did not require any definite amount of education for entrance into the school. In fact many individuals with only a common-school education read law in an office and took up the practice without any training in a law school. At the present, however, every person looking forward to the practice of law is urged to graduate from a law school. All reputable law schools now require at least a four-year high-school course for admission. Many of these law schools, especially those connected with the large universities, require in addition to the four-year high-school work one year, and in some cases two years, of college work as a preparation. Two law schools admit only students who have a college degree of A. B. or B. S.

What Specific Training Should I Need, If I Decide to Become a Lawyer, and How Long Will It Take?

There was a time when by reading law in an office one could get a fairly adequate training for the practice of law. Particularly was this true of preparation for practice in small towns. Even at the present time this method is followed to some extent in small towns that are long distances from law schools. The rapidly increasing complexity of the law, however, now practically necessitates at least a partial course in a law school and makes desirable a complete course. The late Chief Justice Waite said:

“The time has gone by when an eminent lawyer, in full practice, can take a class of students into his office and become their teacher. Once that was practicable, but now it is not. The consequence is that law schools are now a necessity.”[38]

The method of training for the law now recommended, therefore, is training in a law school rather than in a law office. The practical experience of the office has recently been supplied in the best law schools by the practice court, thus doing away with the former objection to the law school, namely, that it furnished to the student no experience in methods of handling and conducting cases. The practice court or moot court, as now introduced into the progressive law schools of the country, is described by one of our State universities as follows:

“The work of the practice court is divided into three parts, that of the law term, that of the jury term, and that of the appellate jurisdiction. The court is provided with a full corps of officers, including the members of the faculty who may sit from time to time as a presiding judge, the full bench of judges sitting as a supreme court, a clerk, a sheriff, and the necessary deputies. Ample and commodious rooms have been provided for the use of the court, including a court room furnished with the fittings necessary for the trial of jury cases, and a clerk’s office. The latter is provided with the books and records used in actual practice. The purpose of the court is to afford to the student practical instruction in pleading and practice both at law and equity under the common-law system and the “Code” or “reformed” procedure, and actual experience in the commencement and trial of cases through all stages. In commencing the actions the students assigned to the cases are permitted to select the State in which the action is supposed to be brought, thus enabling the student to acquire the practice as prevailing in his own State. All questions of practice, pleading, and procedure are governed by the law of the State in which the action is so laid, but the questions of substantive law are determined according to the weight of authority.”[39]

The degree LL. B., which is the principal degree given by the American law schools, was granted by 96 schools according to the report of the committee on legal education of the American Bar Association for 1906. Of these 96 schools, 48 required a three-years’ course of study beyond the full four years’ high-school course. Nineteen of these schools granted the master’s degree LL.M., after one year of postgraduate study.

How Should I Be Admitted to the Bar?

Each State has its own bar or legal society and admission is granted to the applicant in accordance with the regulations in force in each State. Twenty-eight States have an examining board; 19 States require the approximate completion of a high-school course; 17 States prescribe no definite period of study; 1 State prescribes a period of 18 months; 12 States prescribe a period of two years; 23 States prescribe a period of three years; and 10 States accept graduates of certain law schools without examination.

The tendency at the present time is to continue the past practice of raising standards of admission. This tendency has been supported by the American Bar Association, and with its promise to continue interest in this matter it should not be long until there are evolved uniform requirements that will constitute a national standard on a high plane.

What Income May I Reasonably Expect to Earn if I am Successful in Practice?

It is difficult to estimate, except very generally, what the average yearly earnings of a lawyer will be. It is difficult to do this, because the income will vary according to the locality and the character of the service in which one is engaged. Generally speaking, during the first year of his independent practice a lawyer’s earnings will seldom net him more than a few hundred dollars. With experience and acquaintance, however, his competence will increase. If a lawyer chooses to serve an apprenticeship as it were with another firm, he may reasonably expect from $3 to $10 a week at the beginning, with an increase after three or six months according to the amount of practice in the office in which he is engaged.

The following quotations would tend to discourage one from entering upon the profession, unless he is by nature and training well prepared for the work:

“Its (the profession of law) demands are so high and the conditions of genuine success so exacting, however, that it is inevitable that many of the ill-equipped and misguided beginners who flood the ranks of the legal profession should fail of success.”[40]

“The field is greatly overcrowded and the average earnings very small. This is the great objection. Only the more able and fortunate in securing profitable legal practice can hope to win more than a bare competency. Young men may not only be indebted to their family and friends for a course of study covering three or four years in preparation, but after that for a period of 5, 10, or even 15 years consumed in acquiring a competent practice. Many never reach such a practice, and are obliged to turn to some other occupation for part or full income, or to come down to the end of life in straitened circumstances, unable to do for their families what was earlier done for them to place them in the profession.”[41]

“In 1912 the secretary of the Harvard Law School sent letters to all of the graduates of the school from 1902 to 1911, inclusive, asking for their net earnings each year since graduation. The reports returned are indicated in the following table, although it is to be remembered in this connection that less than half of those written responded and it can reasonably be assumed that these represent the more successful.”[42]

Year. Number of replies. Average earnings.

First 694 $664

Second 609 1,110

Third 497 1,645

Fourth 411 2,150

Fifth 317 2,668

Sixth 249 3,118

Seventh 162 3,909

Eighth 112 4,426

Ninth 62 5,321

Tenth 40 5,825

What Are Some Other Rewards to a Lawyer in Addition to Earnings From Practice?

Legal training fits a man not only to practice law but to enter other fields of activity. The lawyer may enter into commercial affiliations and into political life through the judiciary, legislative, or executive branches of the Government. Men trained in the law may serve the public as attorneys for towns, cities, counties, districts, States, or the Nation. These positions in the State and Federal service are as follows:

(1) Town or city solicitor.

(2) County or district attorney.

(3) Attorney general for the State and his assistants.

(4) United States district attorney and his assistants.

(5) Attorney General of the United States and his regular and special assistants.

Many lawyers also are connected with various National Government bureaus, such as the Bureau of Insular Affairs, etc.

Practicing lawyers are also often chosen as professors or lecturers in law schools and other schools, such as schools of commerce and finance, medical schools, colleges, and universities. For those lawyers who have a literary inclination there is opportunity for its exercise in writing for law journals, secular magazines, daily press, etc. A lawyer’s training naturally brings him before the people as a leader in movements for public good, if he is at all public spirited. Finally many lawyers have an opportunity for becoming counsellors for the people in general in the practice before legislative bodies considering public interests. Special economic and industrial problems demand for their best solution legal ability of the very highest order.

How Many Years Would It Take Me to Establish Myself in Practice?

The young lawyer may get into practice in one of two ways: First, as an employee; second, as an independent practitioner. In the first case, he usually becomes an assistant in some law office, where he stays from one to five years, possibly permanently by becoming a member of the firm. In the second case, as an independent practitioner, he gets into the practice primarily through the business of his own personal friends, through the advertising that these friends give him to their friends, and finally through his own clients, one client leading to another. The lawyer’s advertising, therefore, is of an indirect nature. Every ambitious young lawyer looks forward to the time when he can get into the profession on his own account, and to this end he should strive at all times to build up a good reputation and to become generally known in his community. One must count on working faithfully for several years, particularly if he is an independent practitioner, before he can enjoy a comfortable income.

How Great a Need is There for Lawyers?

The legal profession is rapidly becoming overcrowded. During the period from 1870 to 1900 the percentage of increase in the number engaged in the practice of law was 180.1 per cent. The following table sets forth the growth and percentage of increase in membership of the professions of medicine, theology, and law from 1870 to 1900:

Growth and per cent of increase in memberships of the professions of theology, medicine, and the law from 1870 to 1900. Statistics of Occupations, Twelfth Census of the United States.

Year. Theology. Medicine. Law.

1870 43,874 62,449 40,736

1880 64,698 85,671 64,137

1890 88,203 104,805 89,630

1900 111,638 132,002 114,460

Per cent of increase 154.4 11.5 180.1

In the opinion of the leading members of the American bar to-day the practicing of law is a very poor vocation for the incompetent and poorly equipped.

How Much Will It Cost Me to Get an Education Suitable for the Practice of Law?

If you are a soldier or a sailor discharged from the service since October 6, 1917, with a disability for which the War-Risk Insurance will grant you compensation, your education will be furnished free by the Government. The War-Risk Insurance Bureau, through its compensation, will meet a part of the expenses, and the Federal Board for Vocational Education will supplement that amount to a minimum of $65 a month, with the purpose of meeting all of your expenses for living, clothing, transportation, tuition, and incidentals.

It is the hope that this pamphlet may serve the double purpose of discouraging the incompetent and poorly equipped from entering the profession of law, and of encouraging the competent and well equipped by strengthening the desires of such to enter the profession, and by holding out to such the promise of ultimate success in the profession.