Saturday, January 16, 2010

"So What Kind of Law Do You Want to Practice?"

"So what kind of law do you want to practice?" This was the most common question I got from my aunts, uncles and cousins over the holidays during our family gatherings. It is a question almost always asked of me by prospective law students visiting our school.

It was a question that I asked of other law school students when trying to decide what school to attend, and I was surprised when I heard third year students say they did not know. I thought it indicated a lack of focus and purpose on their part.

I used to have an answer for this question. In my personal statement on my law school applications, I believe I expressed an interest in immigration law and labor or employment law. There were solid reasons for my desire to work in these areas, and I was certainly sincere about it when I wrote my personal statement.

Now, though, being half way done with law school, I realize that question, "So what kind of law do you want to practice?" is largely an irrelevant one. I've stopped asking it of my colleagues, and few students in my class ask it of me anymore. The more popular conversation goes: "So, have you landed a job yet? Oh, really? That's great! What kind of law does that firm do?"

Perhaps it is the nature of the economy right now, but students really can't afford to be choosy.

On a personal level, I've discovered that I like just about all areas of the law. But I am not really passionate about any one branch, either. My chief concern is the Florida Bar Exam. That should be the most challenging academic test I ever take. Frankly, I haven't enrolled in classes in immigration law and labor or employment law because those subjects are not tested on the Florida Bar Exam.

Law school is competitive. My strategy is to take subjects that are tested on the bar exam, and mix in subjects that will strengthen me as an all-around litigator. I made the Mock Trial Team last year, and I landed a job last summer with a firm that does a lot of litigation. I take my cues from this that perhaps litigation is what I am best at, but who knows what kind of job I'll end up doing?

In law school, students don't have a "major" or specialization. Depending on the school, you can earn certificates in certain areas of the law, though, to complement your Juris Doctor degree. The Environmental Law program at Florida State is one of the best in the country and probably our most popular certificate program. But I've stayed away from environmental law classes in part because once again, this is a subject not tested on the Florida Bar Exam.

Even with a certificate in environmental law, it is not guaranteed that you will find your best employment opportunities there. Though what I am about to say is arguable, I have heard from professors and students alike that employers really do not care what classes you take in law school, as long as you do well in those classes.

I know a student who graduated last year and landed a job in admiralty law in Tampa. He knew nothing about admiralty law. He asked his employers after getting the job if he should take the course in admiralty law offered at Florida State. The employer did not insist upon it, saying he would learn what he needed to know on the job.

As one of my professors said, if you've taken classes in the area in which get hired, it will just make your first six months on the job easier.

One of my trial advocacy professors told me he was passionate about employment law when he was a student, and focused his studies on becoming proficient in that area. When he graduated from law school though, none of the law firms specializing in employment law offered him a position. Instead, he found a job doing medical malpractice defense and has done that now for over 25 years.

I've met lawyers who have practiced employment law for many years, yet when they were in law school took no classes in this area. They got their jobs through chance and connections.

So, what kind of law do I want to practice? The short answer is, "I do not know," and that answer does not indicate any lack of focus or purpose on my part. I am not worried about it. FSU College of Law opens many doors for its students, and I'll land in good place.

Universal Health Care Now,

Nathan Marshburn

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