Download
1 / 51
510 likes | 778 Vues
Lawyers. INPUTS Citizens Clients. GATEKEEPERS Lawyers Police. DECISIONS Courts Judges. How Many Lawyers?. 1950 222,000 1960 286,000 1970 355,000 1980 542,000 1990 750,000 2000 1,000,000. How Many Lawyers?.
E N D
INPUTS Citizens Clients GATEKEEPERS Lawyers Police DECISIONS Courts Judges
How Many Lawyers? • 1950 222,000 • 1960 286,000 • 1970 355,000 • 1980 542,000 • 1990 750,000 • 2000 1,000,000
How Many Lawyers? • 1 lawyer for every 286 people in the United States • 4 X the number in England • 29X the number in Japan
Who are America’s Lawyers? • Hardly a random cross-section of America but changing slowly over time.
Should the Bar be representative (demographically)? • YES • Would provide greater diversity of outlook • Allow greater public identification with and promote more support for the “rule of law” • Would provide more legal services for those groups now neglected • NO • Access to the profession should be based on merit and not demographic characteristics
What Do Layers Do? • Litigate (Trial Practice) • Negotiate • Draft (Writing) • Advise
Training to be a lawyer • Types of Training • Apprenticeship (Once Common, now VERY rare) • Law School (3 Year Graduate Program) • The Bar Exam (State Specific) • Purpose of training: • Ensure basic competence of professionals • Preclude easy entry to the bar (discourage competition)
The Development of Legal Training • 1779 1st Law Professorship William and Mary • 1784 1st Law Office “School” Litchfield, CT • 1817 “Law School” Harvard University Issac Parker, Chair (Issac Royal $$$) • 1824 Yale Law School
1824 Yale Law School • 1840 9 • 1850 15 • 1860 21 • 1870 31 • 1900 102 • 1990 175 • 2002 185, including ABA provisional schools and JAG/Defense department
1870 - The Big Switch in Legal Education Christopher Columbus Langdell (Dean, Harvard Law) “Case Method” Standardization Extension of Curriculum
The Top 10 Law Schools • Yale University • Harvard University 2 Stanford University 4 New York University 5 Columbia University 6 University of Chicago 6 University of Pennsylvania 8 University of California–Berkeley 8 University of Michigan–Ann Arbor 10 Duke University 10 University of Virginia
America's Top Law Schools (Law School 100) 1 Harvard Law School 2 Stanford Law School2 Yale Law School 4 Columbia Law School4 NYU School of Law4 University of Chicago Law School 7 Boalt Hall School of Law7 Cornell Law School7 Georgetown University Law Center7 Northwestern University School of Law7 University of Michigan Law School7 University of Pennsylvania Law School7 University of Virginia School of Law
Thomas M. Cooley Rankings • Harvard University (1) • Georgetown University (4) • University of Texas (5) • University of Virginia (3) • New York University (2) • Yale University (6) • Northwestern University (8) • Columbia University (6) • George Washington University (9) • University of Minnesota (11)
The Top Public Law Schools 8 University of California–Berkeley 8 University of Michigan–Ann Arbor 10 University of Virginia 15 University of California–Los Angeles 18 University of Texas–Austin 20 University of Minnesota–Twin Cities 24 University of Iowa 25 University of Illinois–Urbana-Champaign 28 University of Washington • College of William and Mary 31 Ohio State University • University of Wisconsin – Madison
The Law School Admission Test (LSAT) • To get into Law School you have to take THE TEST. • All American Bar Association (ABA)-approved law schools now require their applicants to take the LSAT as part of the admission process.
The Test • The test consists of five 35-minute sections of multiple-choice questions, in three different item types. • Four of the five sections contribute to the test taker’s score. • The unscored section, commonly referred to as the variable section, typically is used to pretest new test questions. (The placement of this section will vary.) • A 35-minute writing sample is administered at the end of the test. LSAC does not score the writing sample. Copies of the writing sample are sent to all law schools to which you apply. • The score scale for the LSAT is 120 to 180.
Undergraduate GPA LSAT score Undergraduate course of study Graduate work, if any College attended Improvement in grades and grade distribution Extracurricular activities Ethnic/racial background Individual character Letters of recommendation Writing skills Personal statement or essay Work experience Community activities Reasons for deciding to study law State of residency Obstacles that have been overcome Past accomplishments and leadership Criteria That May Be Considered by Admission Committees
UNDERSTANDING LAW SCHOOL ADMISSIONS – A Public University Example Historic Admissions Rate = 30% # Admits IN # Admits OUT -------------------- + ----------------------- # Applicants IN # Applicants OUT
Admissions @ CU: Enrollment Proportion IN-STATE = .55 Enrollment Proportion OUT-STATE = .45 Proportion IN-STATE + Proportion OUT-STATE = 1.00 FIRST YEAR ENROLLMENT = 165 Students In-State 91 Out-State 74 Enrollments Proportions are a function of two different ratios – admissions by the school and acceptances by the applicants: Admission Rate = #Admitted / # Applications Acceptance Rate = #Acceptances / #Admitted
Admissions @ CU: Proportion IN = # Admits IN # Accepts IN -------------------- X ----------------- # Applicants IN # Admits IN Proportion OUT = # Admits OUT # Accepts OUT ---------------------- X ------------------- # Applicants OUT # Admits OUT Admissions officials have to estimate both ratios to come up with a total enrollment equal to the class size. They control admissions ratios based on estimates of acceptance rates.
Admissions @ CU: Historically IN-STATE acceptance rates are high and OUT-OF- STATE acceptance rates are low. To get appropriate class sizes, the admissions rate for OUT-OF-STATE students is usually higher. (This doesn’t mean easier. OUT-OF-STATE students must meet the same standards as IN-STATE students. But there are more of them.)
An Example: (Admit) (Accept) (Yield) IN-STATE 200 100 100 ----- X ----- = ----- 600 200 600 .33 X .50 = .17 OUT-OF-STATE 500 60 60 ----- X ----- = ----- 1000 500 1000 .50 X .12 = .06 TOTAL 700 160 160 ----- X ----- = ----- 1600 700 1600 .44 X .23 = .10
The 1st Year Curriculum, Part 1 • Civil procedure—the process of adjudication in the United States; i.e., jurisdiction and standing to sue, motions and pleadings, pretrial procedure, the structure of a lawsuit, and appellate review of trial results. • Constitutional law—the legislative powers of the federal and state governments, and questions of civil liberties and constitutional history, including detailed study of the Bill of Rights and constitutional freedoms. • Contracts—the nature of enforceable promises and rules for determining appropriate remedies in case of nonperformance. • Criminal law and criminal procedure—the rules and policies for enforcing sanctions against individuals accused of committing offenses against the public order and well-being, and the rights guaranteed to those charged with criminal violations.
The 1st Year Curriculum, Part 2 • Legal method—students’ introduction to the organization of the American legal system and its processes. • Legal writing—research and writing component of most first-year programs; requires students to research and write memoranda dealing with various legal problems. • Property law—concepts, uses, and historical developments in the treatment of land, buildings, natural resources, and personal objects. • Torts—private wrongs, such as acts of negligence, assault, and defamation, that violate obligations of the law.
The Bar Examination • In order to obtain a license to practice law, law school graduates must apply for bar admission through a state board of bar examiners. • Most often this board is an agency of the highest state court in the jurisdiction. • The criteria for eligibility to take the bar examination or to otherwise qualify for bar admission are set by each state.
The Bar Examination • The most common testing configuration is a two-day examination. • One day is devoted to the Multistate Bar Examination, a standardized 200-item test covering Constitutional Law, Contracts, Criminal Law, Evidence, Real Property, and Torts. • The second day of testing is typically comprised of locally crafted essays. • In a growing number of states, nationally developed tests, such as the Multistate Essay Examination and the Multistate Performance Test, are used to round out the test.
Highest Passage Rates Marquette University of Wisconsin University of Minnesota University of Chicago Northwestern University New York University University of Alabama Washington University Harvard University University of Michigan Lowest Passage Rates California Western University of Baltimore Thomas Cooley Texas Southern University Howard University Whittier University of DC Thomas Jefferson Golden Gate University Southern University School Bar Passage Rates
Legal Careers • Private Practice – “Corporate Law” • Private Practice – Small Firms • Private Practice – Solo Practitioners • Business Lawyers (“House Counsel”) • Government Lawyers • Law Librarians • Non-Practicing Attorneys
How Lawyers Charge For Their Services • Hourly rates are the most common arrangement. Here, the attorney gets paid an agreed-upon hourly rate for the hours he or she works on a client's case or matter until it's resolved. • Many lawyers are willing to charge competitive flat fees for certain types of legal work. • A retainer arrangement is usually a fee paid up front before legal representation commences. • A contingency fee is an arrangement where a lawyer is paid a portion of any recovery on a legal matter that he or she realizes for the benefit of the client. Contingency fees are usually, but not always, calculated as a percentage of the recovery.
Corporate Law – Top of the Heep • National and Global Firms versus “Local” Firms • “Large” versus “Small” firms
The Megafirm • Paul Cravath 1901 is often credited with creating the modern firm with general work followed by specialization and a partnership vote. • Today Carvath Swaine & Moore remains a major New York law firm employing 458 attornies. They represent clients such as IBM, TEXACO and CBS. • They specialize in taxation, securities offering. Mergers and acquisitions, commercial banking, anti-trust and intellectual property litigation as well as trusts and estates.
Partners “Finders” aka ”Rainmakers” ”Minders” (Talent) Share in Firm “Equity” (aka Profit) “Tenured” Associates “Grinders” Salaried Employees “Untenured” Status Distinctions: Partner vs. Associate
What status means to your legal bill? (“Hourly rates”) Most lawyers bill by the hour. Rates vary significantly, depending on any number of factors, including those listed above. Rates may vary anywhere from $50 an hour to a $1,000 an hour or more.
