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Conclusion:

People might joke that you are trying to be the next Legally Blonde, but fashion law is a growing area that requires expansive knowledge and skill. It’s a much-needed niche area that requires incredible creativity to succeed in.

Food and Drugs

Anyone who had to read The Jungle by Upton Sinclair in high school was probably shocked and horrified at the depiction of meat production a century ago. In fact, Sinclair, who had intended to bring attention to the plight of immigrant workers, famously remarked, “I aimed at the public’s heart and by accident I hit it in the stomach” (Greenspan). Sinclair’s depiction of the stockyards and slaughterhouses was disgusting, and it brought to the public’s attention that it was possible they were eating some combination of toxic chemicals, rat droppings, dirt, and rotten meat. This eventually sparked changes in the food industry that were long needed.

The U.S. Department of Agriculture conducted the original investigation, upon which it claimed that Sinclair was lying and exaggerating. President Teddy Roosevelt secretly sent in other people for a more truthful investigation. After finding that Sinclair’s claims were in fact mostly true, and meat was being produced in filthy conditions, Congress passed the Pure Food and Drug Act and the Meat Inspection Act in 1906. This was the start of consumer protection in the food industry.

The Food and Drug Administration (FDA) is part of the US Department of Health and Human Services. The areas the FDA regulates are:

• Food
• Drugs
• Medical Devices
• Radiation-Emitting Products
• Vaccines, Blood, and Biologics
• Animal and Veterinary
• Cosmetics
• Tobacco Products

Perhaps one of the most important public services the FDA provides is a list of recalled products. The FDA is a massive agency and has lots of job opportunities. To see their career page, click here.

Food and Drug Administration law (FDA law) is intended to make consumers safer by providing information and through regulations. The FDA relies on the authority of commerce clause of the US Constitution to regulate commercial activities between states, which includes sales of food and drugs.

Education and Background:

If you have a background in medicine, science, or a related field, this may be useful. Do not be intimidated if you do not have such a background, however. The best thing you can do if you think you want to become an FDA lawyer is to obtain one of their summer internships for second-year law students (these are paid!).

Getting a job:

Food, drugs, medical devices, cosmetics, etc. make up a huge portion of our economy. Thus, when regulating the sale of these goods is concerned, there is a great demand for lawyers to protect companies from violations of the FDA laws and to help ensure future compliance. FDA lawyers may work for firms that advise companies and litigate for them when necessary. Or, they may work directly for the companies themselves. Many large food and drug manufacturers hire in-house FDA lawyers, as do large medical device companies. Some FDA lawyers work as lobbyists for food and drug companies.

Of course, there are many opportunities within the FDA itself. These lawyers might investigate and enforce regulations or they may help to create new regulations. For more information about attorney positions with the FDA, visit this page.

This is usually not an area where lawyers choose to work by themselves or for a small firm. This is an area of law that has steady business because the industry is so huge; it is also not likely to go away or shrink in size anytime soon, so it is a “safe” area of law.

Average salary:

How much you make depends in large part whether you are working for the FDA or against them. Salaries will also vary widely depending on the size of the company if you are working as in-house counsel.

Consider whether these articles interest you:

FDA notifies four companies to remove 44 flavored e-liquid and hookah tobacco products from the market for not having required marketing authorization (FDA News Release)

“Today, the U.S. Food and Drug Administration issued warning letters notifying four companies that 44 flavored e-liquid and hookah tobacco products do not have the required marketing authorization, and thus cannot be legally sold in the United States. These new actions are part of the FDA’s ongoing, aggressive effort to investigate and take action against illegally marketed tobacco products amid the epidemic of youth e-cigarette use in America.” Read more

FDA clears new indications for existing Lyme disease tests that may help streamline diagnoses (FDA News Release)

“Today, the U.S. Food and Drug Administration cleared for marketing four previously cleared tests with new indications to aid in the diagnosis of Lyme disease. The tests cleared today are the first time that a test has been indicated to follow a new testing paradigm in which two tests called enzyme immunoassays (EIA) are run concurrently or sequentially, rather than the current two-step process in which a separate protein test called a Western Blot must be run after the initial EIA test.” Read more

FDA suspends facility registration of Texas-based seafood producer after significant, repeated food safety violations (FDA News Release)

“The U.S. Food and Drug Administration today announced it has recently suspended the food facility registration of Topway Enterprises Inc., also doing business as Kazy’s Gourmet, of Houston, Texas. Topway now cannot sell or distribute any food into commerce. This action follows inspections conducted by the FDA and Texas Department of State Health Services (DSHS) earlier this year where serious sanitation issues were observed, including several samples confirming the presence of Listeria and pathogenic Listeria monocytogenes (L. monocytogenes).” Read more

Conclusion:

If you have a passion for protecting consumers from unsafe foods, drugs, and medical devices, this area of law is for you. Read The Jungle for a better understanding of the importance of food safety laws.

Franchise Law

Franchises are run by independent business owners who legally use a franchiser company’s secrets and intellectual property to make the business look like other franchise locations across the country. The franchisee pays the franchisor, and the franchisor has significant control over the way business is conducted. In return, the franchisee can open a business that has already been proven very successful and that customers know by name. Many large restaurant chains are franchised, for example. This is a great way for a company to grow without actually having to operate across the country. Ultimately, it is up to the individual business owner to make their location successful.

There are federal laws and regulations, state laws, and common laws related to the franchising process that franchise lawyers deal with. Franchise lawyers help their clients navigate complex business issues. There are many business-related areas that franchise lawyers must know, such as contract law and employment law. The FTC implements federal franchise laws. For more information about the FTC, see consumer law.

Franchise lawyers should be skilled at alternative dispute resolution because many business owners prefer not to litigate franchise matters.

Education and Background:

A background in business or any business-related area (such as marketing, accounting, finance, or economics) may be helpful because it means you are already used to working with businesses. However, any background will allow you to succeed at franchise law so long as you like to read and write — you will need to have an expansive knowledge of all of the rules and regulations concerning franchises and be able to properly advise franchisors and franchisees about these matters.

Getting a job:

Large franchises often employ in-house counsel rather than get help from a law firm. Those who work for law firms primarily represent the franchisee. Franchise lawyers may also work for the government to enforce regulations. For information about why it is better to get a job in-house, read this article titled “Mamas, Don’t Let Your Babies Grow Up to Be Franchise Lawyers.”

Average salary:

A franchise salaries survey revealed that for franchise legal services, the average professional is making $102,822 (Johnson).

Would you like this practice area?

Perhaps one of the best things about franchise law is that you get to know your client’s industry very well. You also get to practice a wide variety of business-related areas and help your clients with a wide variety of different issues. You know that you are helping protect the rights of business owners who contribute a lot to our economy, which is a great feeling. This is a very collaborative environment, so while you should be good at negotiating, this is not the area of law to go into if you want aggressive debate and constant pressure from the other side. Overall, if you are looking for a well-rounded area of law, franchise law might be right for you.

Consider whether these articles interest you:

Legal Considerations for Franchisors Expanding into Inner-City Markets (Daigle and Iacovino)

“Franchising as a business model largely originated in the suburbs, with companies selling franchises for units to be opened in strip malls, shopping centers, and retail plazas throughout the United States. As markets became saturated, competition grew, and demographics changed, franchisors started exploring new opportunities for growth, which involved considering or reconsidering those inner-city markets that might initially have been thought to be too expensive, too office-focused, too non-traditional, or just too risky.” Read more

The Economic Loss Doctrine: Getting Rid of the Surplusage in Franchise Case Complaints (Sallis)

“Your franchisor client has paid good money for a franchise agreement that expressly and exhaustively defines its rights and obligations and limits its exposure to damages in the event of a breach. A dispute arises under the agreement, and the franchisee sues. Despite the contractual nature of the dispute, you find yourself staring at a bevy of tort claims supposedly arising from your client’s failure to perform under the contract. Worse yet, the complaint seeks not only consequential damages but punitive damages. There may be a doctrine for that.” Read more

Injunctive Relief Pending Arbitration: The Evolving Role of Judicial Action (Conwell, Howard, and Mullin)

“From a franchisor’s perspective, arbitration is a popular means of resolving franchise disputes for many reasons. First, because of the initial cost of filing an arbitration demand, arbitration may serve as a deterrent to legal action. Second, an agreement stating that arbitration must be conducted on an “individual” basis and may not be combined with other franchisee claims is likely to deter collective action by franchisees. Individual arbitration makes it harder to assert and prove claims that the franchisor engaged in a pattern of misconduct or that it treated franchisees differently, which are the types of claims likely to increase the scope of discovery, disrupt the franchise system, and influence arbitrator opinion.” Read more

Conclusion:

Franchise law provides a unique way to help business owners while practicing a well-rounded profession.

Gaming Law

Gaming has always been a great way for states to bring in some extra revenue. Are you picturing a noisy, windowless casino with flashing lights and $$$? Well, with the advance of technology, online gaming has also become increasingly popular. However, there are some “gray” areas in the law, and this practice area is constantly changing as technology gets better and better and as politicians craft new legislation concerning gaming. Traditionally, gaming lawyers worked with racetracks, lotteries, and casinos on matters pertaining to gaming operations. What would you do if you wanted to go open a casino down the street? Probably consult a gaming lawyer immediately! If a lawyer chooses to focus on online gaming, however, he or she is certainly in for a bumpy ride as laws constantly shift. Over the next few years, however, expect this to be a growing industry that both boosts the economy and brings with it the need for more gaming attorneys.

For an example of what a gaming attorney might do, see this example from Ifrah Law:

“Jeff Ifrah and his team advise online casino operators, poker and fantasy sports sites, and payment processors on class action lawsuits, mergers and acquisitions, vendor and supplier issues, government investigations and criminal matters. We also serve as Special Internet Counsel for the Delaware State Lottery. The firm is known for representing clients in cases involving progressive areas of the gaming industry, such as sports betting, social gaming, skins betting, iGaming, online sweepstakes and lotteries, peer-to-peer betting and mobile gaming” (Online Gaming & Sports Betting).

If this interests you, read on!

Education and Background:

Not surprisingly, the University of Nevada, Las Vegas has a gaming program at their William S. Boyd School of Law. It is also, “the only program of its kind offering an LL.M. in Gaming Law and Regulation covering topics in lottery, gaming regulation, sports betting, licensing, employment relations, zoning and other areas” (LL.M. in Gaming Law Program).

Not attending UNLV? The University of New Hampshire Franklin Pierce School of Law offers an online course to get a certificate in Sports Wagering & Integrity. This is a great option whether or not you already have a law degree. Here’s what their website says: “Our flexible, five-course online program is designed for working professionals, including practicing lawyers, gaming industry professionals, sports industry professionals, lawmakers and regulators, and anyone interested in a career in sports gaming. B.A. is required. You do not need to apply to law school or have a legal background” (Sports Wagering & Integrity Certificate). If you already have a law degree and want to segway into a career of online sports gambling law, this may be a simple solution.

Having a background in gaming may help you understand this area of law better than the average person, especially if you are skilled with technology. A background in gaming is also sure to make this a more enjoyable area of law to practice.

Getting a job:

UNLV William S. Boyd School of Law lists several potential career options (Careers in Gaming Law: an Overview). These are extremely helpful to consider for anyone thinking of going into gaming law. Visit their website for more information, but here is a summary of the opportunities available:

• Working for a casino as in-house counsel
  • A traditionalist handles day-to-day legal responsibilities for the whole casino
  • A specialist takes care of one important aspect for a large casino
  • A compliance/regulatory counsel takes care of government relations
  • Or, you can use a legal background to simply further a business or management role with a casino
• Working for a gaming company
• Working for a state government
  • The Governor’s office
  • State regulators; state/local legislatures
  • The Attorney General’s office
• Working for a law firm
  • Outside counsel
  • Lobbyist
• Native American Gaming Attorney

The gaming industry contributes $261 billion to the US economy and supports nearly 1.8 million jobs across the country (American Gaming Association). Looking at a chart of consumer spending on casino gaming alone shows a steady increase over the past 15 years, and that doesn’t take into account the rocket growth of online gaming. Thus, it is safe to guess that the number of gaming attorney jobs will increase as the industry keeps growing.

Average salary:

Varies widely based on the type of gaming law practiced.

Would you like this practice area?

Strengths/Weaknesses: Do you perform well under extreme pressure? Are you good at adapting to rapidly evolving situations? Are you good with technology and have a strong understanding of how gaming works? Great! Work better in a less dynamic, calmer environment? Are you what your friends call “old-fashioned”? This might not be the area for you.

Likes/Dislikes: You must enjoy working in a fast-paced environment and having your hobbies overlap with your job. You must enjoy industry research, as you will have to spend a great deal of your time keeping up with changes in gaming. If you don’t want to deal with time difference problems, this might not be the area for you since many clients are overseas. Learning new skills also needs to be one of your favorite things.

Consider whether these articles interest you:

New Hampshire Federal Judge Rules Wire Act Only Applies to Sports Betting – Now What? (Haggerty)

“On June 3, 2019, Judge Paul Barbadoro for the District of New Hampshire concluded in a 63-page Memorandum Opinion that the purview of the Wire Act is limited to sports wagering.  The effect of the Court’s opinion, however, may be limited in states other than New Hampshire. After determining that the plaintiffs in the case, the New Hampshire Lottery Commission and NeoPollard Interactive LLC, new Hampshire’s iLottery vendor, have standing to challenge the DOJ’s 2018 Wire Act Opinion because they have established a threat of imminent injury, the Court addresses whether the Wire Act applies beyond sports wagering.” Read more

Will Louisiana Be the Next Southern State to Permit Sports Wagering? (Duncan and Shepherd)

“The 2019 session of the Louisiana Legislature began on April 8. Senator Danny Martiny (R-Metairie) has pre-filed a bill which would authorize sports betting on a parish-by-parish basis in the same way that daily fantasy sports (DFS) was legalized last year. Even though the Louisiana Senate Judiciary B Committee was the only place in the Louisiana Legislature where sports wagering received a positive vote in 2018, things may be different this year. Why? First of all, the US Supreme Court opened the door when it struck down the Professional and Amateur Sports Protection Act in May 2018…” Read more

An Epic Fail: Complaint Against Fortnite Creator Based on Facts as Stale as Fruitcake (Kardell)

“Parents can get angry when their kids spend too much time or money on video games. We get it. But going after a gaming company in retaliation is probably not the best response. And doing so without actually understanding the game can result in, well, a giant waste of time, or, in a recent example, an epic fail. Last week, an angry parent filed a putative class action in California federal court against Epic Games, Inc., the maker of Fortnite. In the complaint, the angry parent alleges that the company has unfairly and deceptively lured young players into buying random features to advance in the game. The angry parent claims that Epic has developed a “predatory scheme.”” Read more

Online Gaming Attorney Spotlight:

Jeff Ifrah, the founding member of Ifrah Law, is renowned as an expert on gaming law. He especially enjoys advising start-ups and says it is great to be “business-oriented”.

Jeff’s interview:

Q: How long have you been a lawyer?

A:  27 years

Q: Where did you go to law school?

A:  Benjamin N. Cardozo School of Law

Q: In what practice area(s) do you practice?  If more than one, what’s the percentage of each?

A:  50% white collar matters; 50% related to gaming

Q: What size is your firm?

A:  11 lawyers plus some support staff

Q: Describe an average day at work…

A:  Usually in the early mornings I spend about two hours trying to catch up on news of the day in the industry. We have lots of legal resources and periodicals to read (and I use google alerts); I read blogs; I focus on white collar litigation and gaming news; and we post a blog too, so I work on that for a bit. After that, I try to catch up with what everyone in the office is working on and make sure things are going well and answer questions. We meet twice as a week as a firm so that everyone knows what is going on for all of the cases even those that they are not specifically working on. Currently, we have about 25 cases from across 15 states, and it’s all federal litigation. I review the docket sheet for each of the cases, and then I create tasks and assignments from those. Phone calls usually start around 9 am – they could be from opposing counsel, the court, regulaters, or new matters. For new matters, clients generally reach out to me, but then I refer them to the client manager.

Q: Do you deal with difficult people?

A:  Sometimes the other side can be difficult if there is a communication issue. I try not to take litigation cases personally though and just say, “I view it differently than you do”.

Q: What makes your day-to-day work different from that in other practice areas?

A:  I worked in a big firm for years, and it is very easy to get siloed into the office, not part of a strong team and not interacting as much with others. In our office, we all work together. For gaming, we get to deal with a lot of startup clients as well as lots of clients from Europe (although more gaming companies are moving to the US as it becomes increasingly legal). Each person at the firm specializes in certain aspects of the gaming law. No matter how young someone is, they get to interact with clients, which is certainly not the case with big firms.

Q: What do you like most about your job/practice area?

A:  I get to be business-oriented. I can help with a company’s business strategy as well as representing them in court.

Q: You would be a happy and successful gaming lawyer if you…

A:  … like technology, new frontiers, and participating and growing with a company.

Q: What advice would you give students interested in learning more about being an online gaming lawyer?

A:  A lot of people like sports, poker, video games, etc. When you’re an online gaming lawyer, your two worlds kind of collide. You’re personal and professional life are intertwined. Your hobby is now your job. It gives you a bit of an edge when something you like doing on a Sunday is something your clients do every day. It will help you understand what your client is thinking.

Q: What other comments do you have to add about your practice area?

A: You get to work with a fun topic and people who are fun. You get to work in an ever-changing environment, so you should like learning new skills.

There are lots of opportunities unique to the internet that are just starting up and finding a place. Back in the 90s, people would have laughed at you if you said more would be bought online than in-store. They would have laughed to think you would use a computer for anything more than computer programming and computer research. You’ve got to be a pioneer.

– Jeff Ifrah

Gaming Attorney Spotlight:

Gregory Giordano works for McDonald Carano practicing gaming law. He says if you enjoy being regularly busy representing gaming clients with respect to obtaining regulatory licenses and approvals and assisting them with regulatory compliance, you will be a happy and successful gaming lawyer.

Greg’s Interview:

Q: How long have you been a lawyer?

A: 37 years

Q: Where did you go to law school?

A: Santa Clara University School of Law

Q: What size is your firm?

A: 50 attorneys

Q: Describe an average day at work…

A: Gaming law varies a lot. Generally, you get questions from clients on interpretation and application of gaming law. Then there’s working on gaming applications and reviewing them. I deal with gaming regulators a lot and talk on the phone with clients a lot. Sometimes I attend gaming meetings with a gaming commission.

Q: Do you go to court?

A: Never; I haven’t been in a courtroom since 1985! That’s pretty typical for gaming lawyers; we pretty much practice administrative law.

Q: What makes your day-to-day work different from that in other practice areas?

A: Well, I never do any of the kind of stuff a litigator does. It’s more like administrative and transactional law. You don’t have to be really aggressive or confrontational. It’s a much more cooperative area of the law. You are trying to facilitate and be a deal-worker. You’re not really adversarial per se. There are also very few emotional situations. A client gets upset once in a while, but it is rare.

Q: Did you practice in any other practice areas before deciding on this one?  If so, which one(s)?

A: I was a general practitioner when I first started out, then a government lawyer and a gaming regulator.

Q: How many hours a week do you typically work?

A: 50 hours a week

Q: What advice would you give students interested in learning more about being a lawyer in your practice area?

A: Well, you can read a lot! Learn about it from working for an attorney who does it, or better yet go to work for a regulator and work your way up. Or, go work for the attorney general’s office with people who provide advice to regulators.

Q: What other comments do you have to add about your practice area?

A: I really enjoy it and think it is gratifying. Personal integrity is very important. If the regulators don’t trust you, you are worthless to the clients.

I’m helping people realize dreams, I’m a facilitator, I’m helping people with businesses, and I’m helping the US economy. It’s great. I also don’t have to go to court and deal with all that!

– Gregory Giordano

Conclusion:

To work in gaming law, you should be the type of person who gets a thrill from a constantly changing environment. You should have an extensive understanding of the industry and enjoy both high-pressure situations and cooperating with others.

Government Contracts

When a business sells something to a government agency, there are special laws and regulations that apply. Government contracts lawyers are there to help clients with any questions when navigating these rules to have the government as a customer. Businesses looking for a contract with the government should visit the U.S. Small Business Administration site.

A government contracts lawyer gets to help with every step of the process, from submitting a “bid,” to negotiating the agreement, to litigating any disputes that arise. Familiarity with contract law is crucial. There are job opportunities with law firms (who represent the businesses) or with the government. Large companies that specialize in products that are sold to the government may hire in-house counsel. While a specific background is not necessary, having worked for the government in the past may give you a step up in entering this career field.

In addition to taking any available classes in government contracts law, you should apply for an internship with U.S. Small Business Administration or an externship or summer associate legal honor’s program with the U.S. Government Accountability Office.

The American Bar Association offers a Section of Public Contract Law. For more information about government contract law, you may also want to check out the Library of Congress’s resources.

One final important note: since you are either working for or negotiating with the government, the majority of jobs are in the D.C. area. You may find it harder to work somewhere else in the country, or you may have to travel more.

Government Relations

Government relations lawyers focus on advocacy. They represent a company, organization, or group that has certain interests, and their job is to make sure these interests are known in the government. This may mean appearing before Congress, seeking a policy change from a government agency, making sure a law or regulation includes something or conversely stopping a piece of legislation that hurts the client.

Government relation law jobs vary a lot depending on the client represented. The most important skill is understanding the legislative process involving Congress and the regulatory process with executive branch agencies. Fortune 500 companies need government relations lawyers to represent their interests. Most government relations lawyers work for huge, well-known law firms. If you want to enter this area of law, a major in politics and a job working for the government are a good background to have.

Health Law

The health care industry is incredibly broad; it includes hospitals, insurers, the people who create medical devices, and the people who actually treat patients, to name a few. There is a lot of risk involved in the health industry; correspondingly, there is a lot of regulation. This requires health lawyers to have a vast knowledge of constantly changing health laws.

Some of the important federal laws that affect the health industry are:

• Social Security Amendments of 1965
• Health Insurance Portability and Accountability Act (HIPAA)
• Consolidated Omnibus Budget Reconciliation Act (COBRA)
• Patient Protection and Affordable Care Act
• Emergency Medical Treatment and Active Labor Act (EMTALA)

The sub-areas of health care law are too expansive to fully explain. However, if you are thinking about becoming a health lawyer you should first and foremost read all of the above laws. If these put you to sleep, this is probably not the area of law for you.

Health care is a hot topic in politics today; if the thought of dealing with all of the new changes and rules makes you cringe, consider another area.

Education and Background:

Most people who work in health law have a passion for the health field. This may mean coming from some sort of medical or risk management background. Or, you may just have a passion for dealing with complex and constantly evolving issues.

The American Bar Association has a Health Law Section to join.

Health care is gaining such media coverage that you can expect educational opportunities focusing on this area to increase.

Getting a job:

Where you get a job depends in large part on what area of health law you want to focus on. For example, you may ensure the compliance of healthcare providers. Or, you might help a client with a dispute over a health insurance contract. If you work for a government agency, you might be investigating fraud, whereas if you work for a medical manufacturing company, you are trying to protect a company.

According to Georgetown Law, the places you can get a job in the area of law include:

• Law firms with departments specializing in health care law
• Government agencies
• Hospitals
• Pharmaceutical companies
• Insurance companies
• Medical equipment corporations
• Other organizations with a focus on health care

(Health Law)

Average salary:

Health lawyers are quite well paid. Medical attorneys and health care lawyers earn just over $150,000 on average, though it varies a lot by employer (Lawyer Salary – Top 10 Law Careers).

Would you like this practice area?

You need to have a constant desire to learn and a willingness to keep up with complex and ever-changing laws. The health care industry is wide-ranging, so you will have quite the variety of options available to you depending on your preferences. You must be very detail-oriented because this area of law is highly regulated.

Consider whether these articles interest you:

Vaccination over Parental Objection — Should Adolescents Be Allowed to Consent to Receiving Vaccines? (Omer, Opel, and Silverman)

“The United States has been experiencing an increasing number of measles outbreaks, and more measles cases were reported in the first 5 months of 2019 than in any full year since 1992, which was 8 years before endemic transmission was interrupted. Parents’ resistance to vaccination is leaving more children vulnerable to measles and various other preventable illnesses. Some of these children have begun to seek opportunities to revisit vaccine-refusal decisions made on their behalf by their parents and are now pursuing vaccination.” Read more

CMS Announces Pilot Program for Clinicians to View Claims Data of Medicare Beneficiaries (The National Law Review)

“On July 30, 2019, the Centers for Medicare & Medicaid Services (CMS) announced “Data at the Point of Care” (DPC), a pilot program that will provide clinicians with access to claims data. The pilot program follows on the heels of the recently proposed Interoperability and Patient Access Proposed Rule, which would require regulated health plans to make patient data available through an application programming interface (API). These actions are also part of the MyHealthEData initiative spearheaded by the White House Office of American Innovation.” Read more

Neil Armstrong’s family received $6M in secret settlement with hospital that treated him before death (Weiss)

“Astronaut Neil Armstrong’s relatives obtained a confidential $6 million settlement for alleged medical errors by the Ohio hospital that performed heart bypass surgery on him before his death in August 2012, according to published reports. The New York Times and the Cincinnati Enquirer reported on the secret settlement days after the 50th anniversary of Armstrong’s walk on the moon. The newspapers learned of the wrongful death case from an anonymous person who sent unsolicited documents.” Read more

Conclusion:

If you are looking for a fast-paced and constantly changing area of law, and you enjoy looking at the little details, this may be a good area of law for you.

Immigration Law

If there’s one area of law that has been getting a lot of publicity lately, it’s immigration law. With laws that seemingly change every day, lawyers are up for a challenge if they want to work in this inspiring but often heartbreaking area of law.

Who can come into the country? How long can they stay? How can someone become a US citizen? Congress has the exclusive right to legislate immigration law, a right granted to it by the US Constitution. Thus, the rules on how immigrants can become citizens are constantly changing as Congress changes, and a continuing legal education becomes more important for immigration lawyers than for lawyers in perhaps any other area. This is not an area that would be good to practice as a general practitioner, therefore, because it requires specialized knowledge that must be up to date.

Of course, one of the benefits that comes with practicing immigration law is learning about other countries and cultures. Hotly contested political issues aside, an immigration lawyer has to deal with the many complications that arise when completing a vast amount of forms. The process may seem extremely intimidating to someone who is not familiar with the US process, and thus immigrants are truly at the mercy of the system and dependent on their immigration lawyer to guide them through any problems that may come up.

Some immigration lawyers may supplement their careers with other similar activities they find enjoyable, such as volunteering in the community or helping with human rights movements.

Education and Background:

Communication-intensive backgrounds may be useful to this practice area. Knowing many languages, being familiar with a lot of cultures, or having political experience may also be pluses. Most importantly, being involved in public service in some way provides a smooth transition into this area of law. Volunteer activities that correlate well with immigration law are worth pursuing. If you are in law school, consider joining extracurricular activities related to this area of law.

Of course, as with any practice area, take relevant courses if your law school offers them and do your best to secure an internship in that field of law to test it out and see if you like it.

Backgrounds serving people in difficult circumstances will be of great assistance, as you will likely come across some heart-wrenching and traumatic stories in immigration law and may need to assist with domestic violence and abuse situations.

Finally, you may want to connect with other people in immigration law. The American Immigration Lawyers Association offers a lot of useful resources and events as well as a network of people with similar interests.

Getting a job:

• Large law firms might include immigration law as one area of practice
• Small or boutique law firms may specialize in immigration law
• There are government agencies that employ immigration lawyers
• There are nonprofit organizations that employ immigration lawyers
• You will earn a higher salary working for the federal government than for a state or local government
• You can practice anywhere in the country – it doesn’t have to be at the border or on the coast
• With a changing political climate, immigration lawyers are in high demand

Average salary:

The median salary is $120,000 according to the US Department of Labor, but it is significantly higher for those employed by the federal government than for those employed by state or local governments (NESL). As expected, working for a small nonprofit will also yield a smaller salary than working for a large firm or company (NESL).

Would you like this practice area?

Strengths/Weaknesses: Strong interpersonal relationship-building and communication skills are required for this area of law. Compassion, kindness, and a genuine desire to help are characteristics that often shine through in lawyers who practice this area of law. If “dealing with people” is not your strong suit, you may not enjoy immigration law.

Likes/Dislikes: You must enjoy collaboration and working with others because you will spend a great deal of time working directly with the client to solve problems. If you do not enjoy high-stress, emotional situations and helping people in unfortunate circumstances, this is not the area for you. If you have a love for learning and want to work in a constantly changing area of law that requires constant re-education, however, you may enjoy immigration law.

Consider whether these articles interest you:

Strangers in a strange land: ‘Metering’ makes asylum rights meaningless, immigrant advocates say (Laird)

“Metering is the U.S. government’s practice of limiting the number of people who can seek asylum at the border each day—even though the Immigration and Nationality Act says any foreign national “who arrives in the United States” may apply for asylum. In metering, CBP officers simply prevent asylum-seekers from arriving in the United States in the first place, by turning them away when they try to enter legally. Instead, they’re told to put their names on a waiting list and wait weeks in Mexico for their names to be called.” Read more

New rule would make applying for US asylum impossible for most immigrants at the southern border (Weiss)

“Most immigrants at the Southern border won’t be eligible to apply for asylum under an interim final rule published Monday by the Trump administration. Under the new rule, immigrants at the Southern border must apply for asylum in at least one country they enter while on their way to the United States…. The rule effectively ends asylum for any migrant at the Southern border who isn’t from Mexico, according to the Los Angeles Times. The proposal would require migrants to apply for asylum even though the United States hasn’t negotiated a “safe third-country” agreement with the countries they traverse.” Read more

ACLU sues state police, alleging they’re acting as immigration authorities (Couloumbis)

“Pennsylvania State Police troopers have routinely violated the law by stopping and holding people based solely on their Latino appearance, terrifying drivers and passengers while usurping federal authority to investigate supposed immigration violations, the ACLU claims in a federal lawsuit filed recently. The troopers’ conduct, the suit says, has sent a clear message to communities across Pennsylvania: The state police are in the immigration-enforcement business.” Read more

Attorney Spotlight:

Emily Amara Gordon works for Amara Law, a firm specializing in Green Cards & Residency, Deportation & Removal Hearings, and Immigration Bond & Criminal Offenses.

Emily’s interview:

Q: How long have you been a lawyer?

A:  5 years

Q: Where did you go to law school?

A:  New England Law

Q: In what practice area(s) do you practice?  If more than one, what’s the percentage of each?

A:   Immigration and Criminal Defense (50/50)

Q: What size is your firm?

A:  2 lawyers and some support staff

Q: Describe an average day at work…

A:  Every day is different. However, I most often meet with clients, send emails, go to court, and have USCIS interviews. I don’t spend too much time on the phone (maybe 2 hours a day max); most of my communication is through other methods of messaging. I write some motions and occasionally a memo. For immigration, I spend a lot of time preparing filings.

Q: How many hours a week do you typically work?

A:  It varies depending on whether I am on trial that week, but I would say I average 60. Since it is my practice, the advantage is I can control my schedule to some degree, and I enjoy that flexibility.

Q: What makes your day-to-day work different from that in other practice areas?

A:  It’s hard because I’ve never done anything else, but I would say that I’m in the courtroom a lot and not behind my desk very much. On immigration, it’s a lot of collaboration with clients. There is no opposing counsel and you have to work well with the clients. With immigration, the law changes a lot (as most people know from the news) so you really need to be tuned in to current events. My practice area is very hands-on!

Q: What do you like most about your job/practice area?

A: I like being able to know that I have hopefully helped families have a life in the United States and have a future because they are excellent contributions to the country.

Q: What do you like least about your job/practice area?

A: I don’t like seeing the pain and suffering that clients are going through under the current administration, and the law doesn’t always provide a way to help people, which can be heartbreaking.

Q: You would be a happy and successful immigration lawyer if you…

A:  …have a lifetime desire to learn, because it is one of the most challenging areas of law and is constantly changing. You can never learn enough!

Q: What advice would you give students interested in learning more?

A:  Talk to as many lawyers as you can and get as many opinions as you can, so that you can make an informed decision. For criminal or immigration law, go to court and watch a case! Volunteer at citizenship clinics, help with communities in need, and see what it is really like to help people.

You want to make money and do well, but you also want to enjoy what you do – that’s always the goal!

– Emily Amara Gordon

Conclusion:

What you do outside of the classroom will impact your career in immigration law to a great extent. If you are a student, start joining extracurriculars and doing volunteer work in relevant areas.

Insurance Law

The three sub-areas within insurance law are insurance coverage, insurance defense litigation, and insurance compliance.

• Insurance coverage typically involves an insured person trying to recover through their insurance policy where the issue is whether the policy actually covers the loss or liability. Thus, this area of insurance law requires a focus on understanding and analyzing the minute details of a policy.
• Insurance defense involves a third party suing someone covered by insurance. The insurer supplies the lawyer to defend the person covered by insurance against the action of the third party. This area of law is focused on the unique facts of a case and although it involves litigation, newer attorneys may be primarily assigned document drafting. Insurance companies often have legal counsel, but for insurance defense the cases are sometimes sent to outside counsel.
• Insurance compliance involves making sure insurance companies are complying with industry regulations. Insurance companies hire in-house counsel to make sure they are compliant, and outside counsel helps with investigations when needed.

There are many different types of insurance including homeowner’s insurance, auto insurance, and life insurance, to name a few. The insurance industry is huge, with net premiums written totaling $1.2 trillion in 2017 (Insurance Information Institute). The federal government is not very involved in most areas of insurance; most states have an insurance administrator’s office that focuses on creating rules and regulations for insurance companies.

Education and Background:

Many law schools offer classes in insurance law. After taking these, try to get an internship with an insurance law firm or work for an insurance company in some capacity. Even if you can’t find a legal internship with an insurance company, working for them in some other way will still expose you to the intricacies of the industry. Try to job shadow an insurance lawyer to see what he or she does day-to-day.

The University of Connecticut School of Law offers an LL.M. in Insurance Law. If you are sure this is the area of law you want to practice, getting an LL.M. might be a good way to jumpstart your career.

Getting a job:

Because insurance is a trillion-dollar industry and there are many different jobs available within insurance law, this is a stable and “safe” area of law to practice. In 2017, there were 5,954 insurance companies in the U.S. and there were 2.7 million people employed in the industry (Insurance Information Institute).

Where you work depends on which sub-area of insurance law you specialize in. If you work in compliance, for example, most opportunities are available in-house, though it is possible that companies contract with a law firm. If you work in defense, there are opportunities both in-house and with mid-to-large size law firms. Harrison Barnes, founder of BCG Attorney Search, says that it is more difficult to move upward in defense, whereas coverage attorneys have highly marketable skills and will be able to find spots in top law firms easily. To read more about the marketability of these areas, see his article.

Salary and comparison of the sub-areas:

The salary is rather modest for most lawyers in this practice area. If you are looking for a more intense, “fun”, and fast-paced option, you would enjoy insurance defense; this area often doesn’t pay much, however. Compliance lawyers also don’t make much, but the benefit is having a stable career with an insurance company. Insurance coverage attorneys must be extremely detail-oriented and strong writers; they are the ones who tend to be better paid within insurance law. They often handle extremely complex issues and write long reports.

Consider whether these articles interest you:

Dirty Secrets of Insurance Defense: Five facts outside counsel hopes you won’t consider (Larimore)

“After 15 years as a lawyer in private practice, I thought I had a pretty good idea about how the insurance defense business worked. That is, until I took an in-house counsel position for an insurance company. I realized then that I had no idea how little I actually understood. From my new perspective, I found things that seemed obvious to me as defense counsel were nearly invisible from the viewpoint of the insurer. I also came to learn that, as outside counsel, I had very little understanding of the business processes that drove decisions for my clients.” Read more

Compliance Issues That Your Insurance Company Should Know (Salomon)

“Navigating regulatory matters in the insurance industry has never involved more challenges than it does today. If you feel like you and your IT team face more scrutiny in compliance issues, it isn’t your imagination. Corporate Compliance Insights reported that, as far back as 2011, “Regulatory scrutiny of the insurance industry has never been more acute. Government regulators from a host of disparate disciplines are intensely focused on making sure we have the controls in place to avoid another financial meltdown.”” Read more

Contract and Claim in Insurance Law (Feinman)

“Every insurance policy is a contract between the policyholder and the insurer. Fundamentally, however, almost every insurance law problem, dispute, or doctrine is really about paying or not paying claims. These two features—contract and claim—are at the heart of most insurance law disputes. The significance of insurance as contract is generally recognized, but the centrality of claims, less so.” Read more

Conclusion:

Insurance law is a huge part of the American economy, and insurance lawyers play an important role in keeping the system running smoothly.

Intellectual

Property Law

Artists should be able to benefit from the creative work they contribute to society. This only works if other people can’t copy artistic ideas. Intellectual property is what gives artists, writers, and inventors the legal rights to their creations. Intellectual property law encompasses scientific and creative works. Obtaining legal rights to the work and the ability to enforce these rights vary with the type of work. Intellectual property includes trademarks, patents, copyright, and trade secrets.

Many people do not know what IP law entails and the huge variety of work that exists within IP law. Until you have taken a basic class in IP Law as well as more specialized classes in Copyright Law, Patent Law, and Trademark Law, you do not have enough information to decide if IP law is for you. You need to know what area of IP law you want to focus on. The demand for sub-areas of IP law is strikingly different; read this article for more information.

Education and Background:

The demand for patent lawyers is extremely high. However, if you want to become a patent lawyer, you need to have a specialized scientific or technical background. In addition to passing a state bar exam, you need to pass the United States Patent and Trademark Office’s Patent Bar Exam. To even sit for this exam, you must have a Bachelor’s degree in a science or engineering field. In recent years, less than half of those who sit for the exam have passed. So, while demand for patent lawyers will likely continue to go up, if you do not already have a science or engineering degree, you should not even consider patent law.

On the other hand, it is not difficult to become a trademark or copyright lawyer. Many corporate lawyers dabble in trademark work and are “generalists”. Even patent attorneys will handle other areas within IP law if they have the time. Because so many people are capable of handling this less specialized area of law, it is harder to find a job. Having a background in business, marketing, writing, or a creative major may be helpful for the other sub-areas of IP law, but it is not essential.

Getting a job:

The American Bar Association has a Section of Intellectual Property Law to join. You can also join the American Intellectual Property Law Association (AIPLA).

AIPLA has lawyers in it that work for law firms, corporations, in government service, and in the academic community. They have a career center that allows you to search for intellectual property jobs. You can limit it by the type of practice: All, Private, Corporate, Government, Non-profit, and other. You can also limit it by the practice area (trademark, copyright, patent, etc.), by the industry (biotech, chemical, computers, etc.), and by state. This is a great resource for those interested in exploring what opportunities exist in IP law.

A quick look on this career center does confirm that patent law is the main area of law with job opportunities available. If you have a background in science, it is highly recommended that you go into patent law because it is in very high demand.

Average salary:

IP law is one of the most profitable areas of law. On average, IP lawyers make $131,728 (Lawyer Salary – Top Ten Law Careers).

Would you like this practice area?

Intellectual property law is particularly well suited to those who are curious. If you are inquisitive and creative, you will enjoy seeing new developments and investigating what makes a creative work unique. Regardless of the industry, you must be enthusiastic about how your client’s creation is made and marketed. Having a good understanding of how the industry operates and what competitors there are may also help you understand what sets your client’s creation apart. IP law often overlaps with international law and entertainment law, so see if those areas interest you.

Consider whether these articles interest you:

Adidas loses three-stripe trademark battle in European court (Jolly)

“Adidas has been unsuccessful in an attempt to expand its trademark three-stripe design in the EU after a court ruled it was not “distinctive” enough. The company did not “prove that that mark has acquired, throughout the territory of the EU, distinctive character following the use which had been made of it”, the general court of the EU said on Wednesday.” Read more

L’Oreal is Suing Drunk Elephant for Patent Infringement over its Buzzy Vitamin C Serum (TFL)

“Call it a battle of the beauty brands. On Wednesday, the American arm of French giant L’Oreal slapped its much smaller (but rapidly growing) rival, Houston, Texas-based Drunk Elephant with an ugly new lawsuit, alleging that the cult-followed 5-year old brand is infringing one of its patents in connection with an award-winning and highly-buzzed-about $80-per-ounce Vitamin C serum.” Read more

Lady Gaga Sued For ‘Shallow’; Copyright Lawsuit Trend Continues

“Lady Gaga’s song “Shallow” earned the Grammy-winning singer-songwriter her first Academy Award. The song, featured in the 2018 film A Star Is Born, is now the subject of a multi-million-dollar lawsuit. Steve Ronsen, an until-now-unknown songwriter claims Gaga stole a three-note progression from his 2012 song “Almost.”” Read more

Conclusion:

Here is an interesting fact about IP law: January 1st is Public Domain Day – the day when copyrights from 95 years ago expire, and creative works enter the public domain. The copyright term used to be 75 years, so because of the 20-year copyright extension, there was no Public Domain Day for 20 years until January 1st, 2019. That was a day to celebrate! Many famous 1923 works entered the public domain; for more information, check out this page.

International Law

International law includes public international law and private international law. Public international law has to do with disputes between or among nations, whereas private international law has to do with disputes between or among people or businesses where the law of more than one nation may apply. Public international law is often derived from treaties between nations. Also, public international law might, “employ principles present in international conventions, customs of the disputing nations, generally accepted community norms, principles of law recognized by civilized nations, and judicial philosophies or theories of jurisprudence in addressing conflicts between nations” (The Business Professor).

Many other areas of law use international law when resolving disputes because trade is becoming increasingly global and trade between nations falls under international law. The main sources of international law are treaties, international customs, and general principles of law. Scholarly writings may also inform and shape international law over time.

Education and Background:

If you want to become an international lawyer, you should be the best of the best. Choose a law school that is known for its international law program and take as many classes in international law as you can.

The Office of the Legal Advisor in the U.S. Department of State offers internships and externships each year. These are highly competitive but well worth applying for.

The World Bank also offers legal internships for law students.

A master’s degree in International Affairs is highly recommended, as is knowledge of foreign languages and previous overseas experience.

If your law school has an ISLA Chapter,  you may want to participate in the Philip C. Jessup International Law Moot Court Competition.

Getting a job:

Private law firms often handle international business transactions. Though most of these firms are located in New York City or D.C., it is possible to find them in other cities.

The U.S. Department of State Office of the Legal Advisor gives advice on international legal issues. The duties of a lawyer there include, “assisting Department principals and policy officers in formulating and implementing the foreign policies of the U.S., and promoting the adherence to, and development of, international law and its institutions as a fundamental element of those policies” (U.S. Department of State).  Note that while most of the Office’s attorneys are based in Washington, they all travel frequently overseas. There are about 200 attorneys working in this office. Only about 13 to 15 of the nearly 1,000 applicants each year are hired. For more information about employment, see this page.

Corporations also hire lawyers who are well-versed in international law. Sometimes, lawyers who specialize in other areas and work for corporations can even “fall into” international law later in life. As corporations increase global trade, their need for in-house international lawyers to advise them about such trade will grow.

Finally, there are a wide variety of other organizations and non-profits that employ international lawyers. Some of the places that employ international lawyers include:

• The United Nations Legal Counsel’s Office
• The World Bank
• International Monetary Fund
• Amnesty International USA

Average salary:

Those working in the private sector will make more than those working for the government. Entry-level international attorneys only made about $68,000 per year in 2011, but experience and location make a huge difference (Cohen). Experienced attorneys in the D.C. area make over $150,000 (Cohen).

Would you like this practice area?

If you love to travel, this might be the area of law for you.  You should enjoy learning new languages and learning about different cultures. You also must have patience, since you might be working on lengthy cases. You should have strong negotiating skills and be good at interpreting the true meaning of an agreement, since words have different meanings in different languages.

Consider whether these articles interest you:

Jair Bolsonaro wants to deforest the Amazon – what powers does the UN have to stop him? (Schnaider)

“Deforestation of the Amazon rainforest in Brazil is at its highest rate in a decade, according to new satellite data. This comes after president Jair Bolsonaro has loosened environmental regulations, cut enforcement budgets, and supported further development in the region. Trees absorb carbon dioxide naturally, and are one of best tools we have to help stave off climate catastrophe – and the Amazon itself is a crucial carbon sink. This means responding to deforestation in Brazil has become a matter of international responsibility.” Read more

The world is uniting for international law, against US empire (Flowers and Zeese)

““We oppose the extraterritorial application of unilateral measures.“ That is not Cuba, Nicaragua, Iran, Russia, or China talking about the most recent unilateral coercive measures imposed by the United States against Venezuela, i.e. economic sanctions that have become an economic blockade, but the European Union. Even allies who have embarrassed themselves by recognizing the phony “interim president” Juan Guaido are saying the US has gone too far.” Read more

The Principle of Saving Lives at Sea: Just A Fool’s Hope (Papachristodoulou)

“The principle of saving the lives of those in distress at sea is not only a long-standing and fundamental tradition of seafaring, but also incorporated as a legal duty of the search and rescue (‘SAR’) system under international law. Yet, the complex character of the phenomenon of mixed migration by sea exposed the fragmentation of international law whereby the imperative of saving lives at sea is undergoing systematic obstruction in the Mediterranean Sea.” Read more

Conclusion:

International law is extremely competitive, but if you have a passion for travel and are up for a challenge, this might be the area of law for you.

Legal Aid/Pro Bono

The right to a fair trial is an indispensable part of our justice system. Legal aid, a form of funding for those who can’t afford their own lawyers, helps ensure that everyone has access to our justice system no matter how rich or poor. In recent news, Trump has been trying to cut the Legal Services Corporation (LSC), a nonprofit funded by Congress.

Pro bono, on the other hand, is where lawyers volunteer to help those who cannot afford to pay for lawyers. Lawyer’s time is not funded like it is for legal aid. Pro bono is done out of a desire to do good and is also a way to bring attention and other business to a firm. Pro bono is a method of practicing other legal practice areas without charging a client; it is not a practice area itself.

If you think you are interested in working in legal services/legal aid, check out this guide published by Harvard.

Mergers & Acquisitions

Mergers & Acquisitions Law (M&A Law) is one of the main branches of corporate law. It is so important that many lawyers focus just on this sub-area. When a company purchases another company or merges with another company, there are many legal issues to address. Some famous mergers and acquisitions include Exxon and Mobil, Disney and Pixar, Sirius and XM Radio, Amazon’s purchase of Whole Foods, and Coach’s purchase of Kate Spade.

There are five common types of business mergers:

• Conglomerate: the two companies have nothing in common in terms of their business activities
• Horizontal: two companies that are in the same industry (combine to increase market share of the industry)
• Market extension: two companies produce the same products but have separate markets
• Product extension: two companies have related products and the same market
• Vertical: two companies produce different goods but both goods go towards one finished product (the companies operate in the same supply chain)

Mergers are when companies combine as equals; mergers happen on friendly terms and come together with a new name. Acquisitions tend to be more common since most companies are “absorbing” another company.

An M&A lawyer may work in-house, but more likely works for a law firm. The lawyer acts as a point of contact for everyone involved in the deal. M&A lawyers draft documents, structure the transition, conduct legal due diligence, provide advice, and more. Day-to-day work may vary depending on whether you are representing the buyer or the seller. No two deals are the same, so you will have varied work. Also, you will learn a lot about a variety of industries as an M&A lawyer. The deals that you help conduct will likely make headlines, which can be a very rewarding experience.

Education and Background:

“Business-oriented” people are those most likely to understand the intricacies involved in adding value to a company. Truly understanding the business needs of companies is essential. Thus, a background in a business benefits you if you want to become an M&A lawyer.

In addition to business knowledge, a strong writing background helps with M&A law since you will be drafting agreements.

Much of your education will occur “on-the-job” for M&A work. For your first few years, you will likely be assisting more experienced lawyers with M&A work so that you “learn as you go.”

Getting a job:

Because big companies are often involved in mergers and acquisitions, M&A lawyers tend to work for large, established and respected law firms. However, it is possible to work as a solo practitioner or for a smaller firm, especially if you practice business law more generally and M&A is just one of your focus areas. As in-house counsel for a company you may also deal with mergers and acquisitions.

Average salary:

M&A law is a very profitable area. The average salary is $175,000; entry level attorneys make about $100,000 and experienced M&A lawyers may make $250,000 per year (Neuvoo).

Would you like this practice area?

You need to be extremely business savvy and know what your client is looking for in a deal. You also need to be able to negotiate with the other side to ensure that both parties are satisfied with an agreement. If you have a lot of patience, this area of law might be good for you – M&A lawyers spend months working hard on small details in order to have a brief moment of celebration when a deal gets closed. You need to be able to understand the unique problems relevant to each deal and be a creative problem solver because no two transactions are alike. It is also important to be extremely organized because you must coordinate transaction efforts and present information to the client in an easy to understand way so that the client can make important decisions in an informed manner. You need to be able to see the big picture and stay focused on “why does this matter to my client?”

Consider whether these articles interest you:

The Brave New World of Cybersecurity Due Diligence in Mergers and Acquisitions: Pitfalls and Opportunities (Markow and Mcthenia)

“Like poorly-behaved school children, new technologies and intellectual property (IP) are increasingly disrupting the M&A establishment. Cybersecurity has become the latest disruptive newcomer to the M&A party.” Read more

M&A Disclosure – Annotated Form 8-K (Lopez)

“Public companies that participate in M&A transactions are subject to a myriad of potential disclosure obligations throughout the transaction process.  These may arise under applicable stock exchange listing rules, federal securities laws, state fiduciary duty and proxy requirements as well as antitrust law and other regulatory regimes. The federal securities laws alone may require various disclosures through an astonishingly long list of possible forms, schedules and registration statements, including, among others, Form 8-K, Form 10-K, Form 10-Q, Schedule 14A, Schedule 14C, Schedule TO, Schedule 14D-9, Schedule 13D, Schedule 13G, Schedule 13E-3, Form 3, Form 4, Form 5, Form S-1, Form S-3, Form S-4 and, of course, several types of prospectuses.” Read more

Anatomy of an Asset Purchase Agreement (Lopez)

“Like the classic game Operation,® asset purchase transactions require parties to take great care in extracting just what they want. However, successful asset sales require quite a bit more than a pair of tweezers and steady hands. Among other things, they require a well-crafted Asset Purchase Agreement (APA). These agreements, at their most basic level, provide for the sale of tangible and intangible assets and liabilities of a seller to a buyer in return for cash or some other form of consideration (i.e., something of value). However, M&A transactions are anything but basic. They’re riddled with substantial risk and potential rewards for both parties, and APAs often become even more complex than Stock Purchase Agreements (SPAs), which govern stock sales, as asset purchase transactions lack the relative simplicity afforded by a transfer of all of the shares of a distinct legal entity.” Read more

Conclusion:

M&A lawyers get to work on some of the biggest, high-profile company transactions in existence. If you love business as a career in addition to law, and you want to add value to a company, M&A law might be for you.

Military Law

Members of the military have different duties and receive different treatment than civilian citizens. Thus, there is an area of law that governs those in the armed forces. The Uniform Code of Military Justice (UCMJ) is what establishes the rules and procedures for people in the military (all branches).

Education and Background:

If you have a background in the military, you are likely already somewhat familiar with parts of the UCMJ. Thus, a transition into military law may come naturally. Previous military experience is also what will allow you to build a trusting relationship with your clients, who will have similar experiences and will feel comfortable talking to you about their problems. The Judge Advocate General’s Corps (JAG Corps) is the part of the military focusing on military law. Those who practice it are called Judge Advocates. If you do not already have a background with the military, you will need to be committed to becoming a part of it. Becoming a Judge Advocate will involve intensive training and is a specialized area of law no one should undertake without a genuine interest in serving our country.

Getting a job:

All five branches of the military have Judge Advocates (JAG officers). Each branch is different, but during or after law school you must be prepared to enter some sort Officer Training if you want a career in military law.

To see the requirements and career pathways you must follow for each branch of the military, learn more at these pages:

• Army JAG Corps
• Navy JAG Corps
• Air Force JAG Corps
• Marine JAG Corps
• Coast Guard JAG Corps

If you want a fantastic overview of the specific training each branch requires, check out the Balance Careers page on Military Law.

Average salary (Winston):

The salary for a military lawyer is very low compared to other areas of law. It starts out in the $30,000-40,000 range and then grows with experience. However, you should take into account the other benefits these lawyers receive such as military housing or housing subsidies, free health and dental insurance, life insurance, retirement packages, potential tuition reimbursement, and other military discount perks. Although the average salary for a JAG officer is only about $65,000, the additional benefits may make it worth it.

Would you like this practice area?

You need to be:

• Tough
• Able to handle intensive training
• Willing to learn

You need to have a genuine interest in serving your country and a willingness to do whatever that takes.

Consider whether these articles interest you:

Thomas dissent says SCOTUS should overrule decision protecting military from tort liability (Weiss)

“U.S. Supreme Court Justices Clarence Thomas and Ruth Bader Ginsburg dissented Monday when the high court refused to hear the case of a man whose wife died at a naval hospital because of complications from childbirth. The petitioner, Walter Daniel, had filed a tort suit in the death of his wife, a Navy lieutenant. The lower courts had ruled that Daniel’s suit was barred by the Supreme Court case Feres v. United States. That 1950 decision had held that military personnel injured by the negligence of a federal employee cannot sue the United States under the Federal Tort Claims Act.” Read more

CULTURE WARS: The Clash Between Religion and the Rights of Same-Sex Members in the United States Air Force (Becker)

“The Air Force is used to fighting kinetic wars. We’re pretty good at it. We’re maybe not so good, however, at culture wars. The most recent example of this is the April 2018 decision to reverse action against Colonel Leland Bohannon for his refusal, on religious grounds, to sign a certificate of appreciation for the spouse of a retiring member of his command. Colonel Bohannon’s reason? The spouse was the same sex as the retiree. In effectively endorsing Colonel Bohannon’s action, this decision ran counter to the Air Force’s own instruction and controlling case law, and puts Air Force commanders and legal practitioners in a difficult position for future cases.” Read more

Why Should You Become a JAG Officer? (Legal Career Central)

“More and more, new lawyers are becoming JAG officers (aka Judge Advocate Generals Corp), working in all legal matters involving the military, which mirrors almost every aspect of civilian law. JAGs are in each of the five US military branches: army, navy, marines, coast guard, or air force. By becoming a JAG, you are guaranteed a career that has rotating assignments by location and practice area, exposing you to the world and the law in ways you could have never imagined. It provides unrivaled practical and hands-on experience to springboard your career.” Read more

Attorney Spotlight:

Donna Price is a security clearance attorney for JAG Defense, a military and security clearance law firm. She has extensive experience with the Navy JAG Corps, and since retiring from the Navy she has continued to do an impressive array of activities.

Donna’s Interview:

Q: How long have you been a lawyer?

A:  40+ years

Q: Where did you go to law school?

A:  JD – Mercer University; LLM – George Washington University

Q: In what practice area(s) do you practice?  If more than one, what’s the percentage of each?

A:   Started as your basic criminal attorney – prosecution, defense, Trial Judge; for last 15+ years focused on a Federal Administrative area – the adjudication of security clearances.

Q: What size is your firm?

A:  5-7

Q: Describe an average day at work…

A:  There is no average day…

Q: Do you deal with difficult people?

A:  All the time…

Q: What makes your day-to-day work different from that in other practice areas?

A:  I cannot compare to experiences I do not have.

Q: What do you like most about your job/practice area?

A:  Helping people

Q: What do you like least about your job/practice area?

A:  Billing and getting people to pay

Q: What advice would you give students interested in learning more about being a lawyer in your practice area?

A:  I spent 25 years on active duty in the Navy JAG Corps.  Do that (or something similar) before going into private practice.

A better clientele than when I did criminal defense work.

– Donna Price

Conclusion:

If you are the type of person who wants to take on the ultimate challenge and push yourself to the limit, military law might be for you.

Municipal/

“City Attorney”

The law of a particular county or city is known as municipal law. If you want to have a direct impact on your community, municipal law is a great way to do so. As a municipal lawyer, you will likely be advising elected officials of city/town boards and commissions on legal issues. You are not creating policy but rather advising officials on the legality of their potential policy ideas. You need to know “a little about a lot” to be a successful municipal lawyer since you will likely deal with many legal practice areas day-to-day. Rather than practice a certain legal area like most lawyers, you handle everything for a given geography. Each town or city operates its own way. Thus, on the job experience is probably the best way to figure out if municipal law is for you. Try to volunteer or find an internship with a city or county. This will allow you to “get your feet wet” very quickly. If you become a local government lawyer, you may want to join the International Municipal Lawyers Association.

Native American

Law

Native American tribes have their own unique customs and culture. Native American law seeks to allow tribes to self-govern in their own way while still defining the relationship tribes have with the government. Tribes are allowed to make and enforce their own laws, but sometimes Native American laws intersect with other legal issues. Thus, there are laws that state how legal disputes are heard when Native Americans are involved. Jurisdictional issues play a primary role in Native American law.

You do not have to be Native American to practice Native American law. However, to practice in some Native American courts there is a requirement to show knowledge of tribal history and culture or other qualifications. There are more than 500 tribes in the US, and each has their own rules for appearing in Native American court. Working for the US Department of the Interior in Indian Affairs may be helpful in understanding legislation and policy concerning Native American tribes.

While a specific background is not necessarily required for Native American law, geography is a large factor in whether this is a good area to practice. If you live in an area where Native American tribes are located, you will have a more robust practice with Native American law issues. Depending on what size law firm you work for, you may focus entirely on Native American issues or you may just come across cases involving such issues occasionally.

While some of the biggest law firms in the country have Native American law teams, there also solo practitioners and small firms in areas highly concentrated with Native American tribes. Within Native American law, there are opportunities to provide advice to tribes, provide advice to companies that do business with tribes, and to litigate disputes that arise. Some of the areas in Native American law you may address are Native American gaming, tribal self-governance policies, and taxation matters. Non-profits such as the Native American Rights Fund (NARF) also hire Native American lawyers.

In recent news, the Fifth Circuit Court of Appeals reaffirmed the constitutionality of the Indian Child Welfare Act (ICWA).

Personal Injury

Law

When someone gets injured, that person must deal with pain, treatments, and possibly even financial hardship. As if that isn’t bad enough, when the injury is someone else’s fault, the injured must go through a difficult process to receive any compensation. Personal injury lawyers are there to guide their injured clients through this process and make everything easier and less stressful.

Personal injury law may be one of the most comprehensive areas of law – think of all the potential ways someone could get injured at the fault of another! The scenarios are almost endless. Thus, a personal injury lawyer gets to address unique factual scenarios and one case will never look exactly like the next. Some of the most common issues that a personal injury lawyer may deal with are:

• Motor vehicle accidents: this could involve cell phone use, drunk or distracted driving, hit & runs, and many other interesting scenarios
• Common carrier accidents: What happens if someone wants to sue the MBTA? Or, what kind of duty of care does a taxi have?
• Medical malpractice: If a doctor or nurse’s conduct results in a client’s injury, what kind of compensation can he or she recover? What happens if you are diagnosed wrong or diagnosed too late?
• Slip & Falls: There are many reasons why people fall, but if it was due to a defect or hazard, a property owner may owe the injured party monetary damages.
• Dog Bites: This is an area few people think of until an unsuspecting victim gets bitten by a dog with an unfriendly temperament. Personal injury lawyers can help.
• Premises Liability: Slip & fall cases and dog bite cases are contained within premises liability. However, any injury that occurs on a property due to a property owner’s breach of duty can be grounds for a premises liability claim.
• Product Liability: These cases are usually brought against large corporations, so it is especially important for clients to hire an experienced attorney to handle them.
• Construction accidents: Construction sites are extremely dangerous and thus often lead to injuries. These injuries most commonly include falls, electrocutions, being struck by an object, and being caught in between objects.
• Wrongful death: Unfortunately, personal injury attorneys do often have to deal with tragic circumstances involving a person who lost his or her life due to the negligence of another.

Each of these can be further broken down into unique factual circumstances. Working as a personal injury attorney means you will learn something new every day and will always have a new challenge! Some personal injury lawyers may focus on a specific sub-area. For example, an attorney may solely practice medical malpractice personal injury law. Because diving into each of the potential sub-areas would be far too expansive, this guide is limited to personal injury law as a whole. However, realize if you want to go into personal injury law that you have the option to make it as broad or narrow of a practice as you like.

If you are interested in a focus on medical malpractice – scroll to the interview with attorney Michael Harris below.

One of many successful cases handled by Diller Law was against Chuck E Cheese, which was held responsible for the injury of a six year old child because the company did not keep its Sky Tube in safe condition. If the thought of unique cases like that interests you, read on!

Education and Background:

Knowledge of the medical field is extremely helpful to this area of law. Whether you come from a medical background or gain on the job knowledge, you will be dealing with injured clients – that’s the very nature of the job! Being able to understand their injuries and reports from medical staff can go a long way in making you successful in this area of law.

If you excelled in your tort law classes in law school, this is probably the area for you. The ability to differentiate the facts of cases and a willingness to learn and stay up to date on changes in precedent are essential components of this area of law, as is being comfortable going to trial.

Getting a job:

Anyone with a license to practice law can market themselves as a personal injury lawyer. However, realize that most clients will be referrals. You must gain respect and trust in the industry. This is one of the areas of law where it is absolutely essential to be a good networker. Otherwise, you may have a job but no clients.

Also, many personal injury lawyers have a “no fee unless you win” type policy. This can be a lot of pressure for new attorneys.

There are, of course, two sides to every dispute. While the first thing that comes to mind for most people when they think of personal injury law is representing the injured party, someone has to represent the other side too. This is equally important, to make sure an injured party isn’t trying to take advantage and claim money that isn’t deserved. Defense attorneys may be hired by an insurance company and may even choose to specialize in that type of case.

Chances are, as long as people keep getting injured they will keep hiring personal injury attorneys. Personal injury law is one of the “main” practice areas and generally considered a safe one to practice. It is possible that future tort reform may reduce the number of cases, however. Also, realize that you will have a lot of local competition.

Average salary:

The average salary for personal injury lawyers is $73,000 (Lawyer Salary – Top Ten Law Careers). For most personal injury lawyers, though, there is no set yearly salary since they charge contingency fees. Therefore, paychecks can vary widely based on the cases won and the size of the cases.

Would you like this practice area?

You should have strong:

• Analytical reasoning skills
• Speaking skills
• Research skills
• Ability to distinguish and differentiate the facts of each unique case
• Compassion for the injured
• Networking skills, particularly building relationships with doctors and insurance companies

You should enjoy:

• Doing something different every day
• Working with the injured and skillfully handling difficult people in emotional situations
• High risk situations (that may pay out big or not at all)
• Being competitive, cut-throat, and even aggressive when the cases call for it

Consider whether these articles from Mass Injury Firm interest you:

Personal Injury Law and the Recreational Use Statute

“One of the greatest pleasures that a parent can partake in is watching their child do something the child enjoys. That could be sports, art, or another pursuit. Getting injured while being a spectator, however, can certainly put a damper on things. In a recent case, the Massachusetts Appeals Court heard a negligence claim against an indoor sports facility. The mother filed the claim after an injury while watching her son play dekhockey, an organized form of street hockey.” Read more

Food Poisoning Lawsuits

“We often hear news of disturbing stories about foodborne illness. Whether due to contaminated romaine lettuce or mild food poisoning, foodborne illnesses can make people very, very sick. Foodborne illness has affected even major national brands such as Chipotle, who are still working to rebuild their reputation following a norovirus outbreak.” Read more

Negligent Entrustment: Are You Liable for Allowing a Drunk Person to Drive Your Car

“Picture this likely scenario: a group of twenty-somethings is partying at a football game. They’re tailgating before the game, drinking throughout the game, and then having a few more alcoholic beverages after the game at the car. The owner of the vehicle does not feel he’s able to drive safely. Another party asserts that he is well able to operate the vehicle, so the owner gives him the keys. Unfortunately, that driver is also intoxicated and in no shape to operate the vehicle. While driving out of the stadium parking lot, the driver strikes and significantly injures a pedestrian.” Read more

Personal Injury Attorney Spotlight:

Marc Diller is a personal injury attorney for Diller Law, P.C. in Boston, MA. Diller Law holds wrongdoers accountable for the pain they’ve caused others and ensure that their clients get the justice they deserve.

Marc’s Interview:

Q: How long have you been a lawyer?

A:  20 years

Q: Where did you go to law school?

A:  Suffolk Law School

Q: In what practice area do you practice?

A:   Personal Injury, Plaintiffs

Q: What size is your firm?

A:  5 people

Q: Describe an average day at work…

A:  Speak/meet with clients; depositions; court hearings; trial; drafting pleadings and memoranda… In other words, the days are not average.

Q: Do you deal with difficult people?

A:  Yes

Q: What makes your day-to-day work different from that in other practice areas?

A:  Many cases have unique factual scenarios.  I hold wrongdoers accountable and help clients during difficult times.

Q: Did you practice any other practice areas before deciding on this one?

A:  No

Q: How many hours a week do you typically work?

A:  70

Q: What do you like most about your job/practice area?

A:  Helping people and holding wrongdoers accountable, which makes everyone safer.

Q: What do you like least about your job/practice area?

A:  The prejudice against our side

Q: You would be a happy and successful lawyer in this practice area if you…

A:  …are hard working and not afraid of a challenge

Q: What advice would you give students interested in learning more about being a lawyer in your practice area?

A:  I suggest clerking with a plaintiff’s lawyer and observing a civil trial

Personal Injury (Focused on Medical Malpractice) Attorney Spotlight

Michael J. Harris is an attorney at Crowe & Mulvey. He practices personal injury law with an emphasis in medical malpractice and catastrophic injuries and has recovered millions of dollars for his clients.

Mike’s Interview:

Q: How long have you been a lawyer?

A:  20 years

Q: Where did you go to law school?

A:  Suffolk University law School

Q: What size is your firm?

A:  19 people: 5 lawyers; 4 nurses- 2 of whom are lawyers; 3 paralegals- 2 of whom are lawyers; and support staff.

Q: Describe an average day at work…

A:  Check email and mail; review work done by others in office and provide some direction and supervision; draft motions, discovery requests, subpoenas, motions / oppositions; prepare for depositions or trial; and strategize.

Q: Do you deal with difficult people?

A:  Unfortunately, yes. However, due to the caliber of my practice, it is, thankfully, the exception and not the norm.

Q: What makes your day-to-day work different from that in other practice areas?

A:  Every case is different. There are uniform rules that obviously govern litigation. And, there are certain events and tasks that will happen in every case. However, every case is different. As a result, each case will call for a different approach or a different manner of persuasion.

Q: Did you practice any other practice areas before deciding on this one?

A:  No, except that I did the other side, insurance defense, for six months before I came to this firm.

Q: How many hours a week do you typically work?

A:  40-80

Q: What do you like most about your job/practice area?

A:  Flexibility and the adversarial process.

Q: What do you like least about your job/practice area?

A:  It can be exhausting to always be engaged in the adversarial process. You seldom get what you ask for the first time you ask. And so, endeavors often take three or more attempts to achieve a desired result. However, you cannot give up or take no for an answer.

Q: You would be a happy and successful lawyer in this practice area if you…

A:  … Are passionate about helping people, are tirelessly committed and don’t give up, and pay attention to the details.

Q: What advice would you give students interested in learning more about being a lawyer in your practice area?

A:  Intern at a plaintiff’s PI firm. Every practice of law is different and every firm within that practice is different. Although nothing is perfect, you should pay attention to the character of the firm in addition to the practice area.

Q: What other comments do you have to add about your practice area?

A: It is a great area of the law, but a very difficult area of the law from the Plaintiff’s perspective. You need to be committed to it if you want to be successful. Public perception of lawyers in my area is not great. The phrase ambulance chaser comes to mind. However, people come to us when they are at their lowest, and it is our job to try to put them back together so that they can move on with their lives. It is a noble profession, and I love it.

In many ways, civil litigation is like poker: though it can take minutes to learn, it will take years to master.

– Mike Harris

Conclusion:

This is an area where high risk equals high reward. If you enjoy risk and if you want to practice an area of law where two cases will never look alike, this is the area for you.

Public Finance

Law

A public finance lawyer handles anything to do with the financing of entities or projects that borrow tax-exempt, including governmental issuers like municipalities or government agencies and non-profit organizations like hospitals or colleges.

Some of the roles a public finance lawyer could take on are advising a bond issuer on issuance, helping an issuer with disclosure obligations, representing an underwriter, or helping a trustee address legal problems.

You should have a background in finance, accounting, economics, or a related field before attempting to enter finance law as it is an area that requires a great deal of technical knowledge.

Most public finance lawyers work for BigLaw firms that have decades of experience funding entities and projects.

Here is an article to introduce you to the bond market:

Public Finance Lawyers ‘Keeping the Lights On’ Amid Changed Government Bond Market (Gialanella)

“New Jersey’s government bond market in the first half of 2019 has seen a rebound in activity compared with the first half of last year, but public finance lawyers’ expectations of the market’s baseline have changed now, nearly two years since adjustments to the tax code affected how bond-issuing authorities conduct business. According to data compiled by Refinitiv, there were 110 bonds issued at a combined value of $3.63 billion through June. That’s a 30% increase in volume, but a 33.1% decrease in par amount, over the first half of 2018.” Read more

If you can both understand this article and find it interesting, public finance law might be a good area for you.

Real Estate

Law

Title: a term in law describing who officially owns a piece of land.

If you are a real estate lawyer, your life will revolve around that term. Real estate law is an area that impacts us all on a daily basis, even if we don’t realize it. You’ve probably asked a friend, “Want to come over to my house?” Did you think about the rights you have as a homeowner to possess, use, enjoy, and eventually sell that land? Probably not, but that is what real estate lawyers deal with every day. Some states even require a real estate lawyer to be present during any real estate transaction.

Real estate law is also called real property law because it has to do with the purchase, possession, and sale of real property. Note that real estate law does not have to do with personal property/possessions, only real property. Buying a home is a big step, and disputes over real estate can be intense. You can imagine why this area of law involves a great deal of paperwork and research. If you are not comfortable reading and writing all day, you may want to re-consider real estate law as your area of practice.

Real estate law may also be connected to other areas that interest you. If you’ve always cared about land conservation, for example, you may be able to do this through real estate law. If you loved your contract law class in law school, realize that real estate law intertwines with contract law to a great extent, since contracts must be signed during the purchase and sale of land. If you considered family law, but decided it was too emotional of an area for you, issues arising with who keeps a marital home are closely tied to real estate law. Even criminal law concerning someone’s trespass onto a property intersects with real estate law. Zoning laws, estate planning, and municipal law overlap in many instances as well. For that reason, this is one of those areas that lawyers tend to practice alongside one or two others. Thus, if you practice real estate law, you may get to witness a wider array of issues than you initially thought.

Education and Background:

Chances are, your school probably offers course electives in this area of law. It also should not be too difficult to get an internship in real estate law or a related area, which will increase your chances of getting a job in this area right after graduation.

Some schools also offer LL.M. or certification programs in real estate law to further your education. If you truly want to focus on this sole area of law instead of a more generalized practice, getting these certifications may help you attract more clients.

For example, Ashworth College offers a Real Estate Law certification course online. They state, “Self-paced, online lessons fit around your busy life and give you the opportunity to complete the Real Estate Law Career Certificate program in as few as three months” (Career Certificate Real Estate Law).

Ed2Go offers a real estate law course with the option for it to be instructor-led or self-paced. This is an inexpensive way to gain more knowledge about the subject matter.

The John Marshall Law School has a great selection of programs in real estate law. They have a joint J.D./LL.M. program in Real Estate Law designed to save law students time and money. They also offer an LL.M. in Real Estate Law and an MJ concentration in Real Estate Law.

Getting a job:

If you’re looking for a job in real-estate law, you’re in luck! They aren’t as scarce as some of the more niche areas of law like equine law, fashion law, or aviation law. Also, as real estate lawyer Cynthia Mehnert states, “There aren’t that many real estate attorneys out there these days. If you are interested, you can be successful and rise to the top because there aren’t many people who enjoy it.” A quick Google search reveals that there are indeed many open positions available, so if you are one of the more “unusual” people who loves historical digging and document drafting, there is probably a spot waiting for you!

If you do well in your property law classes and secure an internship in that area, you will likely be able to land a real estate job right after graduation. Where you go from there is up to you!

You may want to consider joining an association like the American Bar Association’s Real Property, Trust and Estate Law Section. Membership in such an organization can help you network with similar lawyers and move up in the ranks.

Average salary:

A real estate lawyer’s average salary is $118,000 (LawyerEdu.org). Note that salaries as well as employment levels for real estate lawyers will vary dramatically with economic upturns and downturns in the US housing market.

Would you like this practice area?

Strengths/Weaknesses: You need to have strong analytical and organizational skills to be a lawyer in this area. If you are good at digging through mountains of research, good at focusing on reading and writing for long periods of time, and good at solving problems/logical reasoning, this is an area well suited to you. You must also be an excellent negotiator. If reading, researching, and writing have never been your strong suits, look at some other areas.

Likes/Dislikes: Do you enjoy puzzles? Do you like history? Do you prefer papers to people? Great! Real estate law will allow you to focus more on the analytic aspects you enjoy. Do you dislike having a pile of papers on your desk to sort through and multiple documents to juggle? Maybe not the area for you…

Consider whether these articles interest you:

Challenging the New Development Next Door (Boutzoukas)

“In most county and city governments, the land use process is one that will allow for some basic decisions to be made at staff levels, with higher levels of review in the form of public hearings required for larger scale projects, or proposals that deviate too far from the established standards for a given development.  The public hearings require notice to clearly affected nearby property owners and an opportunity for evidence to be presented by the petitioner, the planning department and defined affected person or groups, so a panel or magistrate can weigh the evidence and make a decision.” Read more

Fractional Investment in Real Estate: What is It? (McBrayer Firm)

“Not everyone has the investment resources of a certain real estate tycoon turned president, and that has often served as a bar to participation. In modern times, as real estate projects seek more and more investment, the solution has been to expand the class of those able to invest, bringing in new capital from investors who might not, as individuals, have the means to invest in high-end real estate. Enter fractional ownership of real estate – smaller investments from larger numbers of investors. This vehicle for investment can make the dream of serious real estate investment a reality.” Read more

Court to Determine Scope of Attorney’s Obligations to Purchasers of Residential Real Estate (McKeown)

“The New Jersey Appellate Division recently heard argument in the case of Bianchi v. Ladjen as to whether an attorney hired to represent a purchaser in a residential real estate closing is obligated to advise his client about purchasing homeowner’s insurance. The issue before the Court is whether it is sufficient for an attorney testifying as an expert in a legal malpractice case to refer only to his years of experience or an observation that such a duty is common practice to establish a standard of care.” Read more

Real Estate Attorney Spotlight:

Cynthia Mehnert is a real estate and municipal law attorney at Rudman Winchell. She says real estate law really takes a certain kind of person and recommends it to anyone who enjoys solving puzzles.

Cynthia’s interview:

Q: How long have you been a lawyer?

A:  32 years

Q: Where did you go to law school?

A: Suffolk Law School

Q: In what practice area(s) do you practice?  If more than one, what’s the percentage of each?

A:  Real estate (70%) and municipal (30%)

Q: What size is your firm?

A:  37 attorneys

Q: Describe an average day at work.

A:  In the morning, I usually look at the projects I have. A lot of the work I do is with the probate department, so I draft deeds or do a closing. Sometimes I work with land trusts, and I deal with land sales and purchases by conservation groups. I’m often doing email negotiations, document drafting, and researching title. On the municipal side, I usually work with towns if they have tax acquired property they are trying to sell. I very rarely go to court.

Q: Did you practice in any other practice areas before deciding on this one?

A:  I had my own practice for 25 years that was just a general practice and I did some corporate work.

Q: How many hours a week do you typically work?

A:  45

Q: What do you like most about your job/practice area?

A: I like to solve puzzles and I find real estate is like that. My husband is a litigator and just doesn’t get it – it really takes a certain kind of person!

Q: What do you least like about your job/practice area?

A:  Sometimes there is just a lot of paper… especially if you are doing a title.

Q:  You’d be a happy and successful real estate lawyer if you…

A:  … like to solve puzzles, enjoy history, or like digging through archives to find answers

Q: What advice would you give students interested in learning more about being a real estate lawyer?

A: I would say go out and experience it — try and be an intern.

There aren’t that many real estate attorneys out there these days. If you are interested, you can be successful and rise to the top because there aren’t many people who enjoy it.

– Cythnia Mehnert

Housing Attorney Spotlight:

Joel Feldman is a housing lawyer for Heisler, Feldman, & McCormick. His firm helps poor clients with eviction defense. Joel says that if you want to work in his area of practice, you should be a “fearless litigator” and enjoy social justice issues.

Joel’s Interview:

Q: How long have you been a lawyer?

A:  Since 1988

Q: Where did you go to law school?

A:  Harvard Law School

Q: In what practice area(s) do you practice?

A:   There are four areas: tenant, employee, consumer, and discrimination

Q: What size is your firm?

A:  Currently we have 6 lawyers; soon we will have 8.

Q: Describe an average day at work…

A:  I’m often in court on a hearing or a motion. I also am often supervising someone or meeting about a case. I draft legal documents, deal with endless emails, and have conversations with opposing counsel. We have a staff meeting once a week. I supervise all of the intake. I personally am involved in a bunch of committee work as well.

Q: Do you deal with difficult people?

A:  Yes – we do eviction defense. So, people are about to lose their houses, and our clients are usually very poor and quite desperate. It’s a very stressful situation for them.

Q: What makes your day-to-day work different from that in other practice areas?

A:  I’m in court in a lot; we are very litigation focused (especially as civil goes). We deal with complex issues, like class actions. Sometimes we have an appeal or two. We are always dealing with cutting edge legal issues.

Q: How many hours a week do you typically work?

A:  Less than I used to, usually about 40-45

Q: What do you like most about your job/practice area?

A:  With the four areas we work in, it is gratifying to represent people who can’t otherwise get a lawyer (we don’t ever charge anything in advance; we use fee shifting and the other side pays if we win). I also like that we are community-oriented.

Q: What do you like least about your job/practice area?

A:  There’s often a lack of justice, and sometimes our clients are dismissed just because of their poverty.

Q: You would be a happy and successful lawyer in this practice area if you…

A:  … feel motivated by social justice issues and working for poor people; are mission driven; are a fearless litigator; enjoy being in court litigating all the time; and want to help the type of clients we work with.

Q: What advice would you give students interested in learning more about being a lawyer in your practice area?

A:  Do clinical work/program in housing work

I love my job and can’t imagine retiring from it. The work feels important, and we care a lot about it. All of that adds up to a lot of satisfaction.

– Joel Feldman

Schools &

Education Law

Education lawyers deal with many different legal issues pertaining to schools ranging from kindergarten to higher education. Although the Department of Education funds schools and also regulates them to a certain extent, each state has its own system and every school district has unique procedures.

Education lawyers may deal with disability accommodation issues, school discipline issues, bullying and harassment questions, and more. Who you work for mainly determines what area within education you will be focusing on. For example, if you work with a local school district you are more likely to focus on a school’s student discipline than if you are working for an advocacy group trying to reform the educational system.

Education law touches on a variety of different issues related to raising the next generation of educated Americans, anywhere from a state’s curriculum standards to the intersection with constitutional law when it comes to school prayer.

A website you can visit to learn more is the Education Law Association (ELA).

Title IX, the Individuals Disabilities Education Act (IDEA), and the Every Student Succeeds Act (ESSA) are all important parts of education law. Start by reading about these; if they interest you, continue reading below.

Education and Background:

While a background in education is not necessary, it is a plus. There are plenty of other opportunities while in law school that allow you to demonstrate your interest in education law, however. In addition to taking education law classes, joining extracurriculars that help children or schools is an excellent way to express your passion for education.

The Alliance for Excellent Education is a national non-profit organization that aims to make every child a high school graduate prepared for success. You can join their Action Academy to expand your knowledge and communicate with others about education issues.

The U.S. Department of Education Office for Civil Rights has internships available for undergraduate students and law students. The Office of the General Counsel for the DOE also has a legal internship program.

Getting a job:

• Working for a non-profit in education can be very fulfilling. You will likely work directly with clients and you will get to address a variety of education law issues. The salary is usually lower than a government agency or private firm lawyer earns, however. Non-profits that may be hiring education lawyers include children’s law centers. Another non-profit is the Center for Law and Education.
• Law firms of all sizes represent parents and students or work with school districts and higher education institutions. Lawyers working for private law firms in education law usually make fairly high salaries.
• In the government, there are opportunities with the United States Department of Education in the General Counsel’s Office or the Office for Civil Rights. There are also attorneys at the DOJ Civil Rights Division who may address education law issues related to discrimination. Education law attorneys can work in state departments of education or for a school district general counsel’s office as well.

Would you like this practice area?

You should be an excellent communicator and good at working with others. The stronger you are at building interpersonal relationships, the better. You will often be asked to problem-solve in situations involving emotional, frustrated, and difficult people.

Consider whether these articles interest you:

Handcuffing of second grader didn’t violate his constitutional rights, 8th Circuit says (Weiss)

“A 7-year-old elementary school student who was handcuffed by a police officer for 20 minutes can’t sue because there was no violation of his constitutional rights, a federal appeals court has ruled. The 8th U.S. Circuit Court of Appeals at St. Louis tossed the suit filed on behalf of the second grader referred to as “K.W.P.” in the Aug. 1 opinion. Education Week and Slate have coverage noted by How Appealing. The 8th Circuit said the Kansas City, Missouri, police officer and school principal were entitled to qualified immunity because they didn’t violate K.W.P.’s right to be free from unreasonable seizure and excessive force. Chief Judge Lavenski Smith, an appointee of President George W. Bush, wrote the opinion.” Read more

Students of color with disabilities are being pushed into the school-to-prison pipeline, study finds (Laird)

“Exclusionary discipline practices in K-12 schools—suspension, expulsion and other disciplinary actions that take a student away from the classroom—raise the chances that a student will repeat a grade, drop out or end up in the criminal justice system. And students of color who have disabilities are disproportionately likely to face that kind of discipline.

That was part of the findings of a new report released Tuesday from the U.S. Commission on Civil Rights…” Read more

Defending All-Male Education: A New Cultural Moment For a Renewed Debate (Webb)

“Although all-female schools still prosper and are defended by members of the academic elite, an all-male college has become a near-extinct species. Many people are surprised such a creature still exists. All-male colleges strike many as vestiges of male privilege. They evoke the traditional bastions of power that precluded women from advancing in public life. Single-sex education is not for everyone, but if our educational system is to be truly pluralistic, such an education should be an option.” Read more

Conclusion:

If you have a passion for improving the education of the next generation and are good at working with others, education law might be for you.

Securities Law

The Securities Act of 1933 and the Securities Act of 1934 are complex and often difficult for businesses to navigate. It is the job of a securities lawyer to help clients navigate these and other complicated federal and state regulations concerning securities.

Securities lawyers may be involved in the transactional component of the issuance of securities, which are investments in a business. These lawyers negotiate terms and agreements and prepare documents. A public offering of a security requires a disclosure statement with the SEC whereas a private offering only requires a private disclosure statement to be distributed to potential investors. Public offerings also usually require extensive SEC review. The Securities Acts of 1933 and 1934 have many requirements about what reports are necessary. Thus, securities lawyers could be involved with the regulatory component of securities. Sometimes there are lawsuits against the issuer of a security for fraud, a mishandled investment, or for misleading investors during the investment process. In this case, securities lawyers may be involved with the litigation component of securities law. Many broker agreements contain arbitration clauses, so there is sometimes a limited ability to go to court.

These three sub-areas (transactional, regulatory, and litigation) mean that there are a wide variety of job opportunities available within the area of law. Securities lawyers often advise corporations, small businesses, and brokerage houses or represent investors. Some securities lawyers work for the government.

In recent year, securities law has received more attention due to large scandals which harmed shareholders and investors. Securities law is intended to reduce the extent of this harm, and securities lawyers play an important role in protecting investors. The SEC notes that it, “does not evaluate the merits of securities offerings, or determine whether the securities offered are “good” investments or appropriate for a particular type of investor” (“Federal Securities Laws”).

Education and Background:

You should have a business background and an interest in business to pursue this area of law. Finance, accounting, tax, or a general business background all could be useful to understand the complicated concepts involved in securities law. Doing something with the stock market, whether that is an extracurricular, job, or internship, can also be a valuable way to learn more about this area.

The Financial Industry Regulatory Authority (FINRA) has a fantastic internship program. You do not have to be enrolled in law school yet to apply, and the internships are paid. The internships are offered in several cities and in a wide variety of specialties including finance, human resources, and technology. Here is what FINRA says about their program:

“FINRA’s Corporate Internship Program—a paid 12-week program—offers practical “hands-on” experience with the largest self-regulatory organization for securities firms doing business in the United States. Our program offers interns opportunities to build their careers—and supplement what they’ve learned in the classroom—by meeting and working with employees throughout our organization” (FINRA).

To learn more, visit their internship page.

FINRA also offers legal externships. For more information, visit their career page.

The SEC offers paid internships in the Pathways Intern Program and Chair’s Attorney Honors Program and unpaid positions through the Student Honors Program.

The CFTC also has an internship program.

Getting a job:

The ABA has a section on Securities Litigation to join.

One of the most important things to know about getting a job in securities law is that New York and D.C. are “hotspots” for the practice area. While there certainly are opportunities with law firms in cities across the country, the constant involvement with the SEC means that D.C. the ideal place to operate.

In addition to working for law firms (usually large firms), some securities lawyers work for the government. Many securities lawyers choose to try both options over the course of their career. Some of the government positions available are with FINRA, the SEC, the U.S. Commodity Futures Trading Commission, and with state securities regulators who enforce “blue sky” laws.

Market activity impacts the amount of securities law cases and thus the number of job opportunities available. Where you get a job may depend a lot on what internship opportunities you took advantage of. If you think you want to work for the SEC upon graduation, make sure you get an internship with the SEC while you are in school.

Average salary:

Securities law is a very profitable area to work in. The Bureau of Labor Statistics reported an average salary of $192,530 in 2015 (“Securities Lawyer: Job Description and Education Requirements”).

Would you like this practice area?

You need to be comfortable with the technical aspects of securities law, which is why a business background that allows you to already be familiar with investing is particularly useful. You also need to be organized to coordinate production of all of the documents that are required. Without a genuine interest in financial markets, you will not succeed as a securities lawyer. Because cases are often long and complex, patience and attention to detail are key.

Consider whether these articles interest you:

SEC Charges Securities Lawyer and Microcap Agent with Fraud (SEC Press Release 2019-130)

“The Securities and Exchange Commission today charged an Arizona-based attorney and a Missouri-based agent of microcap shell companies with securities fraud and registration violations. According to the SEC’s complaint, from February 2015 to April 2017, attorney William Scott Lawler engaged in schemes to fraudulently transfer control over the shares of two publicly-traded shell companies to his client.” Read more

Former SeaWorld corporate lawyer pleads guilty to insider trading (Weiss)

“A former corporate lawyer for SeaWorld has pleaded guilty to one count of insider trading for buying company stock last summer after learning of yet-to-be-announced increases in attendance and revenue.” Read more

Securities Settlements in the Shadows (Velikonja)

“The Dodd-Frank Act authorized the Securities and Exchange Commission (“SEC”) to bring almost any enforcement action in an administrative proceeding.1 Before Dodd-Frank, the SEC could secure civil fines against registered broker-dealers and investment advisers in administrative proceedings, but had to sue in court non-registered firms and individuals, including public companies and executives charged with accounting fraud, or traders charged with insider trading violations. After the Dodd-Frank amendment, save for a few remedies that can only be obtained in court, the SEC can choose the forum in which it prosecutes enforcement actions.” Read more

Conclusion:

If you enjoy finance and want complex cases, this might be a good area of law for you.

Sports Law

There are many clients in the sports industry that need legal representation. Though working in one specific industry, sports lawyers could be exposed to a variety of athletes, stadium owners, clubs, teams, sports organizations, and sports-related businesses. Sports lawyers are also involved in a wide variety of areas of law – from their knowledge of contracts to personal injury law to even immigration law for foreign athletes, there are many overlapping skill sets a sports lawyer must possess.

Some of the issues a sports lawyer might address include banned substances, NCAA regulations on practice schedules, representation of an athlete facing criminal charges, enforcing a team’s trademark rights, an athlete’s personal injury, a venue’s negligent conduct resulting in a fan’s injury, and contract negotiation for a professional athlete. That’s just to name a few! Some lawyers may choose to specialize in a sub-area of sports law; for example, a lawyer may primarily handle contract negotiation.

Contrary to popular belief, sports lawyers are not just representing high-profile athletes and teams. There are plenty of lesser-known but still fascinating clients to work for.

Education and Background:

If you are not already enrolled in law school and are considering sports law, check out this ranking of the top sports law programs. If you are already in law school and are hoping to complete an LL.M. in sports law, the University of Miami School of Law offers a Sports Law Track in the LL.M. in Entertainment, Arts, and Sports Law.

Professional Leagues such as Major League Baseball, Major League Soccer, the National Football League, and the United States Tennis Association offer internships, as do some sports news places like CBS College Sports Network and Fox Sports Network.

Sports law is an area where you just have to “climb the ladder”. Although you may not have a background in sports law other than taking a few classes in law school and potentially securing an internship in the area, starting off with smaller clients and proving your worth will allow you to build your practice over time. Unless you are an outstanding student from a top law school, you will likely not secure a job in BigLaw. However, there are plenty of other opportunities available working for smaller “boutique” firms specializing in sports law.

Getting a job:

Working in-house for a sports organization will expose you to a wide variety of issues within sports law; on the other hand, there may also be benefits to working for a law firm and choosing to specialize in one specific sub-area of sports law.

If you work for a certain professional sports team or athlete, you may need to be geographically located where that team operates or person lives.

While there isn’t a shortage of opportunities in sports law, representing the “best of the best” is extremely competitive. For example, read this article to see the outstanding qualifications of Tom Brady’s legal team.

Joining The Sports Lawyers Association may help you network and find opportunities.

Average salary:

How much sports lawyers make greatly varies. While many receive a fixed salary, others get a percentage of the value of the contract negotiated. In that case, lawyers just starting out will likely make a low salary. However, working for a well-known sports team or for a star-athlete could mean a salary of up to a million dollars (Trente).

Would you like this practice area?

Sports law can be both fun and challenging. For those who have a passion for sports, getting to work in the industry can be a thrilling experience. However, strong reading, writing, researching, and speaking skills are still necessary. One of the most important parts of this area of law is “knowing a little about a lot.”

Consider whether these articles interest you:

Rugby union – is the practice and expression of religious beliefs compatible with professional playing obligations? (Collins)

“The decision by Israel Folau to contest the termination of his employment contract by Rugby Australia and the New South Wales Rugby Union has brought into focus the potential conflict between a professional sportsperson’s right to express and practice their religious beliefs, and the simultaneous obligations they owe to their employer (whether express or implied) to conduct themselves in a manner that does not bring their sport or team into disrepute.” Read more

Former NFL Defensive End Appeals to Third Circuit in Concussion Lawsuit (Hanna)

“Amon Gordon, a 37-year-old former NFL defensive end, appealed to the Third Circuit in his legal battle against the NFL for not alerting its players of the long-term medical impact of concussions. Specifically, Gordon played eight seasons in the NFL and is fighting for his entitlement to a 2015 uncapped settlement of roughly 20,000 players to awards of up to $5 million, depending on the age and severity of their football-related injuries, according to Law360.” Read more

City of Phanatic Love: Phillies Face Lawsuit Over Beloved Mascot (Osborne)

“He’s green, a little mean, and often obscene – it’s the mascot everyone loves to hate, the infamous Phillie Phanatic. After the filing of a new federal lawsuit, however, there’s an ominous question looming of whether the 41-year-old relationship will continue in the city of brotherly love. Back on August 2, 2019, the Philadelphia Phillies filed a copyright lawsuit in federal court against Harrison/Erickson, Inc. (H/E) over the future use of the Phanatic as a mascot.” Read more

Conclusion:

If you have a passion for working in the sports industry and also possess a wide array of legal knowledge about various areas, sports law might be for you.

Social Security

Disability Law

Social security disability lawyers are experienced at dealing with the Social Security Administration (SSA). Although a lawyer specializing in social security disability law is not necessary for the disability application process, he or she can serve as a valuable resource to help navigate the complex process. When helping a client with the disability application process, a social security disability lawyer may:

• Make sure everything about the application is complete
• Gather relevant medical evidence for the application
• Communicate with the SSA
• Appeal a decision if necessary
• Represent a client at a disability hearing

Lawyers in this practice area play an important role in helping those who are disabled and are unable to work receive disability benefits. Lawyers in this practice area are paid only if the client wins; thus, when deciding which cases to accept, usually only the strongest cases are taken on.

Cases related to social security disability are very fact specific. They also require a lot of collaboration with the medical field to obtain necessary documentation. Having a large network of connections is essential to have good cases referred to you and to efficiently and effectively develop medical evidence.

To read some articles about this area of law, check out this Social Security Disability Lawyer Blog by the Law Offices of Russell J. Goldsmith.

Tax Law

Just the thought of tax as an area of practice is enough to make some people shudder. For others, the idea of dealing with numbers all day sounds appealing.

Tax law is an area that is constantly changing with the political climate. New tax laws can leave tax lawyers scrambling to handle all of the questions and problems that clients come across.

It is important to note that the tax laws themselves may be federal, state, or local. That’s a lot of information to keep track of, especially when it’s frequently changing!

According to Legal Career Path, these are the tax disputes that tax lawyers deal with:

• Income tax
• Estate tax
• Capital gains tax
• Taxes that promote environmentally sound activities
• Vice tax or sin tax
• Business tax
• Employment and payroll tax
• Property tax
• Import tax
• Taxes on gifts

(What is Tax Law)

As you can see, this really offers a variety of situations that tax lawyers can help out with. What happens if a local business owner gets in trouble for not paying payroll tax? What if a company wants to know what environmentally related taxes apply to it? What if a taxpayer disputes a tax? Better call a tax lawyer!

Note: tax lawyers do not prepare tax returns!

Essentially, tax lawyers help out in these ways:

• Giving advice about tax implications so that sound business decisions can be made
• Helping a client who disputes a tax imposed on him or her
• Helping a client who has been accused of a tax violation
• They may represent clients on civil or criminal matters

Education and Background:

Because tax law is so complicated, having a background in business, accounting, or finance may be useful. Getting an LL.M. may also prepare a lawyer for the complex tax issues he or she will have to deal with.

What if you want to represent clients in front of the IRS? To become an Enrolled Agent, you must either have worked for the IRS before or you must pass a comprehensive IRS test.

Tax is one of those areas that a lot of people are surprised to find they actually like. Taking a tax law class in law school will expose you to the basics, and you will quickly find out whether you enjoy it.

Getting a job:

You know what they say about death and taxes! So, don’t worry, you’re not likely to have a hard time finding some sort of employment in this area of law. Reports state that tax is a relatively safe field to work in, and if anything, demand is only increasing with the heated political climate.

In addition to finding a job as a tax lawyer at either a large or a small firm, opportunities are available to work as in-house counsel for large companies or to work for the government.

Average salary:

In 2014, the median salary for tax lawyers was $99,690 (Lawyer Salary – Top Ten Law Careers).

Would you like this practice area?

If you have a general interest in business and enjoy working with numbers, tax law might be a good area of law for you. Tax law is like solving a puzzle; you must be a creative problem-solver to succeed. If you are looking for an area of law that is “safe,” you don’t have to worry about tax law going away. However, if you are looking for an area of law that is “stable,” tax law is not it! Especially in recent years, tax law has undergone some dramatic changes, leaving taxpayers scrambling to understand new laws.

Consider whether these articles interest you:

Section 199A and Choice of Passthrough Entity (Burke)

“In 2017, Congress drastically reduced the corporate tax rate and provided an unprecedented deduction under section 199A for qualifying passthrough business income. Although purportedly necessary to maintain tax parity between income earned in corporate and noncorporate form, section 199A encourages active high-income passthrough owners to misclassify labor income as business profit, thereby reducing both income and employment taxes.” Read more

The Compulsory Tax Constraint for Foreign Tax Credits Post TCJA & Coca-Cola Co. v. Commissioner (Cohen)

“One condition imposed by the Treasury Regulations for a foreign levy to be creditable is that the tax must be a “compulsory payment pursuant to the authority of a foreign country to levy taxes.” This Article focuses on the purpose and application of that prerequisite which serves to prevent taxpayers from “pursuing the path of least resistance in dealing with foreign tax authorities.” This restriction was the subject of recent litigation in the United States Tax Court in Coca-Cola Co. v. Commissioner.” Read more

No Orchard, No Capital Gain (Johnson)

“As a matter of principle, capital gain is the gain from invested capital or basis. If the taxpayer has no basis in something of value it sells, there is no capital gain. The principle that capital gain is gain from capital is embedded in the ordinary English language meaning of “capital gain,” which reflects the long history of the English property system going back into feudal tenures. Property purchased by expenses charged to the income interest remains part of the income interest and does not become capital gain reserved for the next heir.” Read more

Conclusion:

Although on the surface tax law may seem “boring,” there are actually a wide variety of issues that tax lawyers deal with, and the constantly changing state of the tax laws is sure to keep tax lawyers on their toes.

Transportation

Law

Transportation law involves the regulations of any form of travel including by air, by water, and by rail. Much of the regulation comes from the federal government because transportation impacts interstate commerce and thus falls under the Commerce Clause.

Some of the issues covered by transportation law include requirements for building transportation vehicles, rules for who can own public transportation networks, and determining who may use limited resources.

States also create their own transportation laws such as requirements to obtain a license.

The use of drones is an emerging issue in airspace transportation law. For more information about lawyers who deal with “in the air” issues, see our Aviation and Aerospace section. For more information about lawyers who deal with “in the water” issues, see our Admiralty/Maritime section. Some of the federal transportation agencies for other areas within transportation law include the Federal Highway Administration and Federal Railroad Administration. The National Transportation Safety Board is an independent federal agency to improve transportation safety.

The U.S. Department of Transportation (DOT) is the overarching government department that according to their website was created to, “Ensure our nation has the safest, most efficient and modern transportation system in the world; that improves the quality of life for all American people and communities, from rural to urban, and increases the productivity and competitiveness of American workers and businesses.”

You may want a student membership with the Transportation Lawyers Association to stay on top of what is going on in the transportation industry.

There are jobs available with the government as well as in the private sector. In the private sector, some lawyers choose to focus exclusively on transportation while others incorporate it into a more general practice.

Understanding technical details and the science behind transportation is a huge plus for working in this area of law.

White

Collar

Crime

Trying to make some $$$ by deceiving someone? That falls under white collar crime, an area of law in which lawyers either prosecute or defend someone who has illegally gained another’s money. Common examples of white-collar crime include:

• Money laundering
• Bribery
• Embezzlement
• Tax evasion
• Insurance fraud
• Insider trading

Often these cases involve business executives. That’s because those are the people who have the amount of power and trust stored in them to be able to commit such crimes. Sometimes, executives drag others into it as well. Ever heard of the Enron scandal? If not, look it up.

Another white-collar criminal, arguably the most famous, was Bernie Madoff; his Ponzi scheme caused billions of dollars of losses to those who placed their trust in him. Lawyers who focus on white collar crime may be working in some of the most publicized, high-profile cases in existence.

The FBI defines white collar crime as crimes, “characterized by deceit, concealment, or violation of trust and are not dependent on the application or threat of physical force or violence” (FBI). These cases are usually complex and sophisticated. Sounds fun, right? For more information check out the FBI’s website on white-collar crime.

Education and Background:

There are four good ways to break into white-collar crime as a practice area, according to Matt Kaiser, founder of The Kaiser Law Firm PLLC, in his column for Above the Law.

The first is to work for the United State’s Attorney’s office or Department of Justice. Many AUSAs turn into white-collar crime lawyers later on down the road. Second, Kaiser recommends a job as an Assistant Federal Public Defender as another potential break-through career choice. Third, working your way up to Biglaw through hard work and perseverance can secure you one of the coveted white-collar spots at a large firm. Finally, you can just get good at representing people accused of crimes in general, and if you do a great job, eventually the white-collar clients will come to you and you can focus your practice more (Kaiser).

These pathways to success are crucial to think about as you take classes, meet professors, network, and secure internships. If you meet the right people and can get yourself into a “feeder” job or internship, you will eventually be able to work your way up the ladder into the coveted white-collar crime position you want.

Getting a job:

One study that looked at 4837 white collar lawyers in the Am Law 200 reported that 80% of partners who primarily practiced white-collar crime had prior government experience (Li and Weisselberg). Further, the study found that for those people who primarily practiced white-collar crime, the ratio of former prosecutors to public defenders was 33:1 (Li and Weisselberg). Most people had a background as a Federal or State prosecutor or in the US Attorney’s Office (Li and Weisselberg).

Without such a background, it may be extremely difficult to secure a job in white collar crime. It will at least take a great deal of time to be able to work your way up.

In sum, while the end goal for most people who desire a job in white-collar crime is to work for a large law firm (and indeed white-collar crime lawyers are becoming more prevalent in the Am Law 200) working as a federal prosecutor is certainly a crucial start to help you get there (Li and Weisselberg).

For an extremely comprehensive study about white collar crime that includes all of the statistics you may want to know, see the BIG LAW’S SIXTH AMENDMENT: THE RISE OF CORPORATE WHITE-COLLAR PRACTICES IN LARGE U.S. LAW FIRMS.

Average salary:

A current search on Law Crossing reveals an average salary of $118,188.

Would you like this practice area?

Would your friends describe you as ultra-competitive, cut-throat when necessary, and authoritative? Are you also extremely creative when problem solving, curious, and up for a challenge? White collar crime might be a good area for you to practice, especially if you like analyzing the little details and crunching numbers when necessary. If you are thinking about being a federal prosecutor, later in life you may want to transition into white collar crime.

Consider whether these articles interest you:

Lawyer is accused of creating sham secured creditor to shield client assets (Weiss)

“A former partner with Freeborn & Peters in Chicago has been charged in an alleged scheme to protect a client’s assets by creating a sham secured creditor with a senior lien on assets sought by other creditors. The former partner, Edward Lee Filer, was charged in a July 11 federal indictment with two counts of wire fraud and eight counts of bankruptcy fraud.” Read more

Theranos Founder Elizabeth Holmes Charged With ‘Massive Fraud’ By SEC (Grenoble)

“In a complaint filed Wednesday, the Securities and Exchange Commission leveled charges of “massive fraud” against Elizabeth Holmes, founder and CEO of the Silicon Valley startup Theranos ― charges Holmes has agreed to settle. The SEC also named former Theranos President Ramesh “Sunny” Balwani in its complaint, accusing Holmes and Balwani of raising over $700 million from investors “through an elaborate, years-long fraud in which they exaggerated or made false statements about the company’s technology, business, and financial performance.”” Read more

The U.S. Needs to Crack Down on White-Collar Crime (Editorial Board)

“This has been a banner season for punishing white-collar crime. Guilty pleas by Michael Cohen, President Donald Trump’s former longtime personal lawyer, and criminal convictions and additional guilty pleas in the case of former Trump campaign chairman Paul Manafort have drawn enormous attention. Cohen admitted to bank fraud, tax evasion and campaign finance violations. Manafort, after having been convicted of tax fraud, bank fraud and failure to file a report documenting foreign bank and financial accounts, pleaded guilty to additional federal charges. It’s fair to assume, however, that neither man’s crimes would have come to light without the scrutiny drawn by their association with Trump. How many ordinary white-collar criminals expect to be found out?” Read more

Conclusion:

Your background is extremely important if you want to get into this area of law. The evidence is clear: 80% of white-collar crime attorneys have government experience.

Worker’s Compensation

You may have laughed at the deep, intoning voice on a commercial asking you, “Injured on the job?” In all seriousness, however, getting hurt on the job is no joke and can cause a lot of frustration and stress. Rather than going through expensive personal injury litigation when an employee is injured on the job, a worker’s compensation lawyer essentially uses the mandatory insurance program (worker’s compensation) that is already in place to get money for their injured clients. The mandated system is financed by employer payments that create a “pool” of money that can be dipped into in the event of an injury. An injured employee may have his or her life falling apart; he or she may be struggling to pay the bills. A worker’s compensation lawyer thus plays a key role in eliminating this stress by helping the employee receive money for medical expenses, lost pay, disability payments, or costs associated with rehabilitation and retraining.

So, if the reason you became a lawyer is to “help people” and make their lives better, worker’s comp law is an area where you will be able to see the direct impact you are making.

Education and Background:

Most law schools offer classes in worker’s compensation that you can take if you think you may be interested. Then, secure an internship with a firm that specializes in this area to try it out!

There are also plenty of Worker’s Compensation CLE courses available to learn more.

According to worker’s comp lawyer Ryan Benharris, the best thing you can do is read up on the law – so, for example, in Massachusetts that would be Chapter 152, which he says is “like the Bible” for people who work in his practice area. Look up the law in your state to see if it interests you and to obtain some of the knowledge you would need for working in that practice area! If you just want an overview of the law by state, check out Insureon’s “Workers’ Compensation Laws by State” resource.

A background that includes public speaking may be especially useful to this area of law, since you are likely to be in court every single day and need to be well versed at thinking on the fly when speaking!

Getting a job:

There are essentially two options available within this area of law – representing injured workers or representing the insurance companies.

A quick Google search indicates a plentiful amount of worker’s compensation jobs out there. It is an incredibly important area of law that will never disappear – there will always be unfortunate workplace accidents.

You may choose to work at a large law firm. Realize, however, that your area of law will likely not be its main focus. You could also choose to work for a more specialized smaller law firm. Opportunities in this area of law are really quite expansive, and you will not be limited by the size firm you choose. It may also be possible to get a job as in-house counsel for a large company.

Average salary:

This varies widely by geography, but the national average is $119,000 (My Career Path). Attorney Ryan Benharris stated that while there is quite a bit of money to be made by going into that area of law, people who practice it are those who love helping others.

Would you like this practice area?

Strengths/Weaknesses: Strong public speaking skills are an absolute must for this area of law. Excellent communication skills, particularly in reassuring others, are necessary when speaking with stressed out, anxious clients. If you are not a particularly strong writer, this may be a good area for you to practice since you will mostly be filling out forms, talking to people, and litigating.

Likes/Dislikes: If the main reason you became a lawyer was to help people, and especially if you enjoy reducing the stress and hardship that people face, this is a good area of law for you. If you are the type of person who likes to always be organized, plan things out in advance, extensively do research, and dislikes having to come up with something on the spot, you might not enjoy practicing worker’s compensation law. If dealing with upset or emotional people stresses you out, consider another area.

Consider whether these articles interest you:

WV Commissioner: Proposed Workers’ Comp Premium Reduction Would Save Employers Millions (WorkCompWire)

“The National Council on Compensation Insurance (NCCI), West Virginia’s rating and statistical agent, has filed a proposed workers’ compensation loss cost decrease of 1.6% effective November 1, 2019. This premium reduction results in a projected $3 million in savings to West Virginia employers. Since the workers’ compensation program was privatized in 2006, the market has experienced approximately $401 million in premium savings.” Read more

Ohio Can’t Ban Workers’ Comp Solicitation, 6th Circ. Rules (Law360)

“Ohio law firm Bevan & Associates LPA Inc. won a challenge to a state law prohibiting solicitation for workers’ compensation claims when the Sixth Circuit said on Monday that the ban “is repugnant to the free speech clause of the First Amendment…” Read more

Georgia Enacts Revised Workers’ Compensation Provisions (Bernal)

“Georgia recently enacted several amendments to its workers’ compensation law.  Effective July 1, 2019, for all injuries occurring on or after July 1, 2019, the state increased payouts on the following benefits:

• Maximum payout for temporary total disability (TTD) benefits to $675 per week
• Maximum payout for temporary partial disability (TPD) benefits to $450 per week
• Maximum death payout to a sole-surviving spouse (no other beneficiaries) to $270,000” Read more

Worker’s Compensation Attorney Spotlight:

Ryan Benharris is a worker’s compensation lawyer at The Law Offices of Deborah G. Kohl, a firm that specializes in helping employees hurt on the job. Attorney Benharris has a genuine desire to help people, which is what makes his career in worker’s compensation law so fulfilling.

Ryan’s Interview:

Q: How long have you been a lawyer?

A: 14 years

Q: Where did you go to law school?

A: Southern New England Law School, now known as the University of Massachusetts School of Law – Dartmouth

Q: In what practice area(s) do you practice? If more than one, what’s the percentage of each?

A: Worker comp 75%; social security 25%

Q: What size is your firm?

A: 3 attorneys

Q: Describe an average day at work…

A: Worker’s Compensation is different than a lot of other areas. Most of my day is spent talking to people who have been hurt at work, filing claims, and going to The Department of Industrial Accidents (DIA) to litigate.

Q: How often are you on the phone or writing emails?

A: I would say it makes up to 65% of my day. Some clients call me every single day. My fees are paid for by the insurance company; they are statutory fees. My clients don’t have to pay me an hourly rate or anything. So, my clients call me all the time.

Q: Do you spend much time drafting documents?

A: Not much; a lot of my work is form based. So, I file a form and accompany it by medical records that we submit. I do have to write motions or briefs sometimes, but I definitely don’t spend a lot of time writing.

Q: Do you deal with difficult people?

A: I shy away from the term difficult. All of my clients have suffered some sort of misfortune – their life is in turmoil, and that creates stress and anxiety and they are dependent on me to help. Yes, clients can be very emotional or frustrated. Like I said, I have clients who call me every single day.

Q: What makes your day-to-day work different from that in other practice areas?

A: I love my type of work for two main reason. 1) For anyone who wants to be a lawyer to “help people” – that’s truly what you do in worker’s compensation law. If I don’t do my job properly, my clients don’t get the money they need, and maybe they can’t pay the bills, eat, take care of children etc. They are dependent on me to navigate the system, so I can really say I get to help families. This differentiates worker’s compensation from other areas of law where you may not directly help people care for their families. 2) I get to go to court almost every single day. There’s basically never a day where I sit in my office. I’m at the Department of Industrial Accidents constantly. This is not a practice area where you get to sit and research and write. This is where you are in the courtroom thinking on the fly, with not a lot of time to prepare. I get to go to court with some of the best people in the world. The other attorneys in this area are my best friends. And the judges in this area of law are wonderful and smart.

Q: How many hours a week do you typically work?

A: Well, I usually get into the office around 8:30 or a little earlier, and I leave a little after 5… but I’m always working, even at home, taking phone calls and getting things ready for the next day. I would call it 50-60 hours a week.

Q: What do you least like about your job/practice area?

A: Worker’s compensation law can be stressful in that you have to go through administrative procedures and can’t always get the results your clients need in a timely fashion. Sometimes you have to deal with (rightfully) cranky people who might not be paid for several months – and that’s not an easy conversation to have. It’s sad and difficult not being able to help people immediately.

Q: Finish this sentence as if you are giving advice to a law student – You’d be a happy and successful worker’s compensation lawyer if you…

A:  …can understand the hardships that a family has and explain difficult things like waiting for money to them while being mindful of people’s lives being upended.

Q: What advice would you give students interested in learning more about being a lawyer in your practice area?

A: Google worker’s compensation to start and find out more about it. I recommend taking a worker’s compensation class if your school offers it; this area of law is different than other types of law, so look for a clerkship at a worker’s compensation firm and get to know The Department of Industrial Accidents. Employees who work there are extremely knowledgeable and can give great advice. Those are the people I learned a lot from. Get to know the worker’s compensation world, find a firm that concentrates in it, and ask those lawyers questions.

Q: What other comments do you have to add about your practice area?

A: You are in court every day! Also, I only represent injured workers. However, there are two types of jobs in this practice area – you can represent injured workers or represent insurance companies. It really comes down to a personal choice. I like to help people, but I know that the insurance company attorney job is very important also because you have to know the statute well. Look into both and figure out which one you prefer!

Just because I don’t write a lot doesn’t mean I don’t write well. Writing well is a skill crucial to any area of law.

– Ryan Benharris

Conclusion:

If you want to work in an area of law where you feel like you can truly help people, worker’s compensation is an important area to consider.

Thank you for reading our guide! Please pass it along if you found it helpful!

Works Cited

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