Training, Certifications, Skills, Advancement: Lawyers

To practice law in the courts of any State or other jurisdiction, a person must be licensed, or admitted to its bar, under rules established by the jurisdiction’s highest court. All States require that applicants for admission to the bar pass a written bar examination; most jurisdictions also require applicants to pass a separate written ethics examination. Lawyers who have been admitted to the bar in one jurisdiction occasionally may be admitted to the bar in another without taking an examination if they meet the latter jurisdiction’s standards of good moral character and have a specified period of legal experience. Federal courts and agencies set their own qualifications for those practicing before or in them.

To qualify for the bar examination in most States, an applicant usually must earn a college degree and graduate from a law school accredited by the American Bar Association (ABA) or the proper State authorities. ABA accreditation signifies that the law school—particularly its library and faculty—meets certain standards developed to promote quality legal education. ABA currently accredits 188 law schools; others are approved by State authorities only. With certain exceptions, graduates of schools not approved by the ABA are restricted to taking the bar examination and practicing in the State or other jurisdiction in which the school is located; most of these schools are in California. In 2002, eight States accepted the study of law in a law office as qualification for taking the bar examination; three jurisdictions—California, the District of Columbia, and New Mexico—now accept the study of law by correspondence. Several States require registration and approval of students by the State Board of Law Examiners, either before the students enter law school or during their early years of legal study.

Although there is no nationwide bar examination, 48 States, the District of Columbia, Guam, the Northern Mariana Islands, Puerto Rico, and the Virgin Islands require the 6-hour Multistate Bar Examination (MBE) as part of the overall bar examination; the MBE is not required in Louisiana and Washington. The MBE covers issues of broad interest, and sometimes a locally prepared State bar examination is given in addition to the MBE. The 3-hour Multistate Essay Examination (MEE) is used as part of the bar examination in several States. States vary in their use of MBE and MEE scores.

Many States have begun to require Multistate Performance Testing (MPT) to test the practical skills of beginning lawyers. This program has been well received, and many more States are expected to require performance testing in the future. Requirements vary by State, although the test usually is taken at the same time as the bar exam and is a one-time requirement.

The required college and law school education usually takes 7 years of full-time study after high school—4 years of undergraduate study, followed by 3 years of law school. Law school applicants must have a bachelor’s degree to qualify for admission. To meet the needs of students who can attend only part time, a number of law schools have night or part-time divisions, which usually require 4 years of study; about 1 in 10 graduates from ABA-approved schools attended part time.

Although there is no recommended “prelaw” major, prospective lawyers should develop proficiency in writing and speaking, reading, researching, analyzing, and thinking logically—skills needed to succeed both in law school and in the profession. Regardless of major, a multidisciplinary background is recommended. Courses in English, foreign languages, public speaking, government, philosophy, history, economics, mathematics, and computer science, among others, are useful. Students interested in a particular aspect of law may find related courses helpful. For example, prospective patent lawyers need a strong background in engineering or science, and future tax lawyers must have extensive knowledge of accounting.

Acceptance by most law schools depends on the applicant’s ability to demonstrate an aptitude for the study of law, usually through good undergraduate grades, the Law School Admission Test (LSAT), the quality of the applicant’s undergraduate school, any prior work experience, and, sometimes, a personal interview. However, law schools vary in the weight they place on each of these and other factors.

All law schools approved by the ABA, except those in Puerto Rico, require applicants to take the LSAT. Nearly all law schools require applicants to have certified transcripts sent to the Law School Data Assembly Service, which then submits applicants’ LSAT scores and their standardized records of college grades to the law schools of their choice. Both this service and the LSAT are administered by the Law School Admission Council. Competition for admission to many law schools—especially the most prestigious ones—generally is intense, with the number of applicants to most law schools greatly exceeding the number that can be admitted.

During the first year or year and a half of law school, students usually study core courses, such as constitutional law, contracts, property law, torts, civil procedure, and legal writing. In the remaining time, they may elect specialized courses in fields such as tax, labor, or corporate law. Law students often acquire practical experience by participating in school-sponsored legal clinic activities; in the school’s moot court competitions, in which students conduct appellate arguments; in practice trials under the supervision of experienced lawyers and judges; and through research and writing on legal issues for the school’s law journal.

A number of law schools have clinical programs in which students gain legal experience through practice trials and projects under the supervision of practicing lawyers and law school faculty. Law school clinical programs might include work in legal-aid clinics, for example, or on the staff of legislative committees. Part-time or summer clerkships in law firms, government agencies, and corporate legal departments also provide valuable experience. Such training can lead directly to a job after graduation and can help students decide what kind of practice best suits them. Clerkships may also be an important source of financial aid.

In 2001, law students in 52 jurisdictions were required to pass the Multistate Professional Responsibility Examination (MPRE), which tests their knowledge of the ABA codes on professional responsibility and judicial conduct. In some States, the MPRE may be taken during law school, usually after completing a course on legal ethics.

Law school graduates receive the degree of juris doctor (J.D.) as the first professional degree. Advanced law degrees may be desirable for those planning to specialize, research, or teach. Some law students pursue joint degree programs, which usually require an additional semester or year of study. Joint degree programs are offered in a number of areas, including law and business administration or public administration.

After graduation, lawyers must keep informed about legal and nonlegal developments that affect their practice. Currently, 40 States and jurisdictions mandate continuing legal education (CLE). Many law schools and State and local bar associations provide continuing education courses that help lawyers stay abreast of recent developments. Some States allow CLE credits to be obtained through participation in seminars on the Internet.

The practice of law involves a great deal of responsibility. Individuals planning careers in law should like to work with people and be able to win the respect and confidence of their clients, associates, and the public. Perseverance, creativity, and reasoning ability also are essential to lawyers, who often analyze complex cases and handle new and unique legal problems.

Most beginning lawyers start in salaried positions. Newly hired salaried attorneys usually start as associates and work with more experienced lawyers or judges. After several years of gaining more responsibilities, some lawyers are admitted to partnership in their firm or go into practice for themselves. Some experienced lawyers are nominated or elected to judgeships. (See the section on judges, magistrates, and other judicial workers elsewhere in the Handbook.) Others become full-time law school faculty or administrators; a growing number of these lawyers have advanced degrees in other fields as well.

Some attorneys use their legal training in administrative or managerial positions in various departments of large corporations. A transfer from a corporation’s legal department to another department often is viewed as a way to gain administrative experience and rise in the ranks of management.