So, how can one judge the behavior of a man or predict the mechanisms of the human mind?
Often, I get asked about what I do at work and whether I knew I wanted to be a lawyer since I was young. The answer to the second questions is no. I struggled for a while with the decision of what I wanted to be. In fact, it was not until I got accepted into law school that I was sure I wanted to become a lawyer. The answer to the first question is a bit more complex.
Although most people understand that lawyers solve legal issues, many still don’t understand what a lawyer does on a day to day basis. Most folks think that being a lawyer is as exciting as the TV shows dealing with lawyers portray it. Many overlook the complexity, demands and mundane repetition of the legal job.
Moreover, there is no such thing as a "typical lawyer." Most lawyers are highly specialized professionals in a very narrow field. To name some of the more recognized specialists, there are prosecutors, criminal defense lawyers, family lawyers, personal injury or defective product litigation attorneys, trust and estate attorneys, business transactions specialists, tax lawyers, employment or labor law specialists, environmental lawyers, patent and trademark lawyers, and litigators. In other words, there are numerous highly specialized "professionals" within the profession of law.
Each attorney specialist handles different amounts of workload and clients. Each lawyer works in a very different environment from other lawyers and receives different levels of compensation. Most people mistakenly assume that all lawyers make a lot of money. That is not true. A typical salary of a graduating lawyer ranges from $50K to $100K a year, with the former being the norm. The quality of life of a lawyer depends greatly upon his or her specialty field and the hours of work he puts in.
Despite these differences, most lawyers also share some similarities. Whether an attorney is defending a lawsuit, preparing a will, negotiating a contract, litigating a lawsuit, or settling a divorce, he must always remain an advocate to the individual needs, desires, and goals of his client. Every attorney gives advice and counsel that impacts other people’s lives. This is why many attorneys put the words “attorney and counselor at law” on their business cards.
In addition, every lawyer must not only solve problems, but also convince others of the correctness of his analysis. Another thing a lawyer must do is be able to understand both sides of the coin and argue them with equal conviction. This ability enables attorneys to examine all possible alternatives with a client, to avoid difficult cases and prevent thorny situations.
Yet, many people wonder why they need a lawyer at all and try to do their own research on the internet. What they fail to understand is that, despite the availability of the information on the World Wide Web, the complexity of technological development has resulted in many very stringent laws, which prohibit or require following specific protocol and filing of specific documents, which a lay person will not be able to understand. Specific rules and procedure must necessarily be followed in order to comply with the requirements of the law. This is something a lay person cannot do without the assistance of a trained professional. Most people don’t operate on themselves and seek surgical intervention, but many people file lawsuits themselves and use forms to draft and file divorce pleadings.
As a litigation attorney, my responsibilities include representation of defendants in civil cases and managing all phases of the litigation process, from investigation, pleadings and discovery to pre-trial, trial, settlement and appeal. Sometimes I work on dozens of cases; at other times, on hundreds. I have worked on commercial disputes, contract disputes, family law cases, personal injury claims, medical malpractice cases, toxic tort cases, professional liability disputes, real estate transactions, employment issues, environmental coverage issues, securities litigation and many other types of case.
As you can imagine, each case is different and the science, technology and regulations behind each area involved in a dispute varies. As such, with each new case I have to become an expert not only in the area of the law, but also in the scientific evidence behind the cases. For example, in defending doctors, I had to learn a lot about medicine, which required using a medical dictionary, reading the labels and packaging of medications, and studying medical texts and journals. With each medical malpractice case, I learn about medical standards in a various areas of medicine in order to refute the allegations of medical malpractice. The areas of medicine ranged from psychiatric illness to cardiac arrest, so you can imagine the scope of information I consumed over the years in order to prepare each case for trial.
Despite the great amount of medical information I learned, I do not consider myself a medical expert and neither would you. Just because I know something about medicine does not mean that you would come to me asking for a cure to a physical ailment.
If, on the other hand, you are sued or threatened with a lawsuit, then I am your expert. In order to defend each lawsuit, I investigate all of my cases to determine what the facts are and what evidence exists for defending a lawsuit. After initial investigation, I prepare cases for either a settlement discussion or trial. Trial preparation entails drafting detailed pleadings and motions, exchanging relevant documents and information with opposing counsel, inspecting physical evidence and collecting information and research in order to file protective orders and summary judgment motions.
If cases get into pre-trial stage, I retain expert witnesses, conduct scientific and legal research, attend pre-trial conferences and develop a solid trial strategy based on the facts and evidence I uncovered. I must also attend and conduct depositions of experts and key witnesses, prepare trial exhibits, draft and argue pre-trial motions. Although the majority of the cases on which I work settle, some cases do go to trial. If they do, I stay up for days and work long hours presenting the case before the judge and or a jury, and then prepare for the next day in court. And sometimes I have to work on post-trial motions, preserving issues for appeal, developing appellate strategies and gathering evidence for the appellate record.
On top of this work, I have to continue taking legal education courses to keep abreast of the new statutes, rules, regulations, court decisions and the ever evolving ethical parameters of the Code of Professional Responsibility. As such, every attorney you meet will never stop learning and reading the law. The process of education never stops for an attorney and with each new area of specialty lawyers will learn new science behind very specific issues.
If you are thinking about a career in law, ask yourself if you are willing to put in the long hours, while thinking all day without taking a break. And then ask yourself if you are willing to do it for $50,000 because unless you graduate from an accredited law school with high honors, that's how much you will make your first year out of school, while paying for your student loans.
What separates lawyers from non lawyers is a special set of skills, which they continue to develop until they become proficient and competent in a particular area of law. One either thinks like a lawyer or does not.
The test designed to measure one’s analytical ability is called the LSAT. Any one can take it to see if law is something they could do, but not everyone will do well on this test. LSAT helps to determine one’s ability to identify, analyze and solve a problem – something a lawyer has to do on the regular basis. If you lack the necessary analytical skills, you will not be able to identify the potential legal issues or formulate a plan of action that suits the desires of your clients and meets the requirements of the law.
The practice of law requires constant attention, leaving no room for sloppiness or laziness. Being a lawyer requires a lot of tact, patience and perseverance, as well as the ability to speak and write in a clear and articulate manner. (Sometimes after working long hours, eloquence does not come easy outside of work.)
When people think of lawyers, they automatically think about money, but they never think about the sacrifices a lawyer has to make in order to maintain his or her practice. First and foremost, lawyers work with people, serve people, and help them. Despite their efforts, lawyers are highly under appreciated and nowadays underpaid. Being a lawyer is demanding, challenging, exhausting and stressful, but it is also exciting and meaningful. To me, it is most rewarding when I am able to solve my clients’ problems or to provide a benefit to people from my knowledge and advice.
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