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Criminal Prosecution
Criminal defenders thrive on helping the accused; on the other side of the coin, criminal prosecutors get a rush from upholding justice by convicting wrongdoers. If you’ve ever seen a TV lawyer show, you’ve probably noticed these two very different personality types clashing.
Education and Background
Getting a position as a criminal prosecutor is very competitive. You need to have something in your background that makes you stand out, whether that is relevant work experience and extracurriculars or a valuable internship you completed.
Getting a job:
Prosecutors work for the government. Here are the options:
- Local or state level: District Attorneys’ Offices; Attorney Generals’ Offices
- Federal: U.S. Department of Justice, including the U.S. Attorney’s Offices
Average salary:
This varies too dramatically by location and experience level to give a defined number. It is certainly not one of the most lucrative areas of law even if it is one of the more prestigious. There are excellent loan repayment services available for prosecuting attorneys, however, since they don’t make huge salaries.
Would you like this practice area?
If you have a passion for justice and your personality is considered more “competitive” or “aggressive”, this may be a good area for you. You will have to be comfortable on your feet, have strong research skills and be good at analyzing the facts of a case, and be good at organizing your strategy. In some sense, the entire trial revolves around you and what you are accusing the defendant of. Initially, you are the one with all the power. However, you have to be comfortable with a lot of pressure being placed on you and only one shot at a conviction (since there can’t be double jeopardy).
For more information and to see a helpful attorney interview, go to “Litigation” and look at the answers of Carmen Ortiz, former U.S. Attorney for the District of Massachusetts (note that she practices civil litigation now).
Consider whether these articles interest you:
Prosecuting Corporate Crime when Firms Are Too Big to Jail: Investigation, Deterrence, and Judicial Review (Werle)
“Some corporations have become so large or so systemically important that when they violate the law, the government cannot credibly threaten “efficient” criminal sanctions. By introducing political-economy constraints into a standard microeconomic model of corporate liability, this Note shows how this Too-Big-to-Jail (TBTJ) problem reduces prosecutors’ ability to deter corporate crime by simply fining a defendant corporation without the accompanying prosecution of culpable individuals and mandatory structural reforms. Prosecutors often lack the ability to charge culpable individuals or enforce structural reforms.” Read more
Criminal Justice Legislation Will Force New York Prosecutors to Disclose More Evidence, Sooner (Sapien)
“The New York state legislature has passed a reform package aimed at increasing fairness in the criminal justice system. The new law requires prosecutors to share evidence against criminal defendants within 15 days of arraignment, a major shift for a state that previously had no such deadlines and maintained a notably restrictive approach toward disclosure. New York defense lawyers have long complained of “trial by ambush,” where prosecutors were allowed to deliver crucial evidence at late stages of criminal proceedings…” Read more
Are Prosecutors Born or Made? (Smith)
“Like a lot of prosecutors, I possess a zeal that can border on the bloodthirsty …. I put a lot of people in prison, and I had a great time doing it … [N]ow I describe myself as a recovering prosecutor – “recovering” because one never quite gets over it. I still like to point my finger at the bad guy. – Paul Butler, former prosecutor…. One of the most important prosecutorial decisions is the charging function. This “formidable” prosecutorial power sets everything else in motion. As one former federal prosecutor put it, “The power to … prosecute is the power to destroy.” When prosecutors consider whether to pursue a criminal prosecution, they are supposed to ask not only whether they can prove an offense has occurred, but also whether it would be just to do so.” Read more
Conclusion:
If you like power and don’t mind stress, you can be a formidable prosecutor. Just make sure you think ahead and network with the right people so you can secure one of the competitively sought positions.
Divorce Law
Divorce law is a subset of family law and involves complex emotional issues. Family lawyers may choose to focus mainly on divorce but will often deal with other related issues, such as child support. For additional information, see the Family Law section.
Consider whether these articles by Turco Legal interest you:
“In Massachusetts, an uncontested divorce means both parties are in alignment with the major issues that often appear in a contested divorce. The typical areas where issues may be present include topics such as property, alimony, child custody, child support, and more. If the major issues regarding these topics do not exist, both parties may begin the divorce process together. To obtain a divorce in Massachusetts, the first step is to determine that the parties live in Massachusetts.” Read more
“According to recent studies, divorce among doctors is not as common as one would expect. If you are a doctor who is considering getting a divorce in spite of the positive statistics, there will likely be special considerations that you may need to address with a family law attorney. In general, the divorce process can be a complicated process; when one or both spouses are doctors, a divorce may be even more complex. The heightened complexity of the divorce could stem from various reasons, such as increased earning potential; the existence of a private practice; or the amount of financial support contributed by the non-doctor spouse.” Read more
“A pension earned during the marriage generally counts as a joint asset of both parties; likely, a qualified domestic relations order would equitably divide it. This is an order that is filed with the Massachusetts Family Court and if approved is given to the administrator of the pension, so that the pension may be divided between the parties. The division of a pension may be a complex issue because pensions, also including IRA or 401(k) accounts, are not always equal in a dollar for dollar manner; there may be penalties and taxes associated with them. A family law attorney can help evaluate and value the numerical amounts to handle this complexity on your behalf.” Read more
E-discovery
Obtaining electronic data to be used as evidence for a civil or criminal legal case is e-discovery. It is extremely difficult to completely get rid of information stored electronically, and it is easy to search through information stored electronically (in comparison to boxes of hard copy files). This therefore makes electronic information perfect for evidence. All types of data can be used as evidence, and e-discovery is rapidly evolving as technology changes. Such searches raise many security and privacy issues, however.
E-discovery specialists identify relevant documents needed, place them in legal hold, collect and process the data, and then review and produce the data. If you have a background in information technologies, you may want to put this to good use after law school by focusing on e-discovery. E-discovery professionals are often considered more of a “support staff” for litigators. You don’t necessarily need to have gone to law school to focus on e-discovery, but it helps. Paralegals used to make up the majority of e-discovery specialists, but attorneys are finding this to be an increasingly profitable and important area of law. Until e-discovery further evolves, most skills will be learned in IT backgrounds, “on the job,” and through CLE classes.
To learn more information, visit the ABA’s page on e-discovery.
Elder Law
As you may have guessed, elder law attorneys focus on the legal problems of the elderly. Thus, although they deal with a wide array of issues from retirement, to Social Security, to what to do with an estate, they are also specialized because they only deal with the elderly. There are several common issues that elder law attorneys deal with:
- Wills and estate planning
- Health care
- Financial representation
- Appointing a legal guardian
- Nursing home issues
- Drafting long term planning documents
Not every elder law attorney is skilled in all of these areas, but even small elder law firms will likely have attorneys who can collaborate to take care of any issue that may arise for a senior citizen. It is important to note that to be successful, elder law attorneys must build a network of resources with other professionals involved in the care of the elderly, such as social workers or mental health professionals.
Education and Background:
To truly know if you enjoy working with the elderly, some kind of a volunteer background working with senior citizens is crucial. Particularly if you are still in high school or an undergraduate program, spend as much time as you can helping out at nursing homes, community centers, and assisted living facilities.
In 1985, the Association of American Law Schools formed a section on aging and the law, so law schools across the country now offer classes in elder law (What Does an Elder Attorney Do?).
After graduation, you may want to consider joining the National Academy of Elder Law Attorneys (NAELA). It offers resources to members and sponsors CLE programs.
You may want to get your NELF certification after you have been practicing law for a few years. This is considered the “gold standard” of elder law, and NELF is the only national organization to certify elder attorneys. There are specific requirements to qualify for being certified, including having practiced law for at least five years; the certification process itself then involves rigorous testing, and you must undergo a review (Why You Need a CELA). This may be worthwhile, however, if you intend to focus the rest of your career on elder law.
Getting a job:
According to the U.S. Census, there were about 48 million people over the age of 65 in 2015, a number predicted to increase to 98 million by 2060 (What Does an Elder Attorney Do?). Elder law continues to grow because the average life span is increasing and the number of elderly people keeps increasing. Thus, this may be a good area to get into; in a decade or two, this may be one of the most in-demand areas of law.
Average salary:
A current Google search reveals an average of about $75,000, but this varies widely by experience level. Expect the salary to go up in the coming years as demand for elder law attorneys skyrockets.
Would you like this practice area?
Overall, you must be able to help the elderly while displaying compassion, professionalism, and honesty. You need to be a resource they can trust. Because the elderly can be extremely vulnerable, NAELA created guidelines called Aspirational Standards that elder law members pledge to uphold.
Consider whether these articles interest you:
Study: Home-delivered meals could save money for Medicare (Alonso-Zaldivar)
“Medicare could save $1.57 for every dollar spent delivering free healthy meals to frail seniors after a hospitalization, according to a new study that comes as lawmakers look to restrain costs by promoting patients’ well-being. The report Thursday from the Bipartisan Policy Center addresses ways that Medicare can do a better job coordinating care for chronically ill patients, who account for most of the program’s $650 billion annual cost. There’s a growing recognition that practical services like meal delivery can make a difference helping older people avoid health flare-ups that can send them to the hospital.” Read more
A Family Meeting as Part of Effective Estate Planning (Weber)
“Effective estate planning takes time and evolves over the various seasons of life. Often, a family meeting is one of the final steps in the estate planning process. There seems to be a trend among baby boomers to want to make sure there is transparency and understanding regarding their decisions so that when they pass away, their wishes are known and family conflict is minimized, if not avoided altogether. A family meeting is very helpful when there is an uneven distribution of assets (actual or perceived), a blended family, a beneficiary with substance abuse or gambling issues, or when there have been gifts that have been made during lifetime.” Read more
Why a Letter of Competency Should Be Part of Every Senior’s Legal File (Huntsberry-Lett)
“Dementia and other health issues that affect one’s mental capacity are devastating in many ways, but they can also complicate the basic legal planning that is recommended for all seniors. Countless members of the AgingCare Caregiver Forum have shared stories about bitter disputes between family members over whether an aging loved one’s will, powers of attorney and other legal documents were valid.” Read more
Conclusion:
This is an area of law where you will see yourself making a difference. Additionally, you will learn a great deal from the elderly, who always have great stories to tell. You must know about a broad array of areas to help seniors with any legal problems they have, and this area of law thus often involves a great deal of teamwork.
Eminent Domain
The 5th Amendment states that the government can exercise the right to take private property for public use only if they provide just compensation. Does the thought of what constitutes “just compensation” interest you? Do you wonder what constitutes public use or public necessity?
There are of course benefits and drawbacks to the government being able to take private property. A road may be beneficial to the public good, but even “just compensation” may not feel like enough to someone whose land gets seized. If you want to fight for the rights of property owners, eminent domain might be the right practice area for you.
A case analysis from Biersdorf & Associates illustrates a problem you could face as an eminent domain lawyer:
“The property: A small car dealership is located along a busy highway that is being widened. Cars can only be displayed to the highway in a single row along the highway in front of the building. All other inventory must be stored behind the building.
“The taking: A strip of land across the entire front of the property. The strip of land is all of the display area for cars.
“Obvious damages: Direct damages will equal the value of the land being taken.
“Hidden damages: The ability to view vehicles from a fronting roadway is critical to the operation of a car dealership. Severance damage occurs to the property because the remaining dealership can no longer display vehicles for motorists to see from the highway. The loss of this feature makes the remainder parcel much less valuable than the mere loss of the value of the land being taken” (Eminent Domain Case Studies).
Does this type of problem interest you? If you want to fight to keep government intrusion to a minimum, you might like this area of law.
Education and Background:
The best way to find out if you would like this area is to take a class in it! Law schools may offer eminent domain as a smaller subsection of a general property law class, or it might be offered as a class itself.
Getting a job:
It is hard to find eminent domain law at a large law firm, and if it exists, it is not the firm’s primary focus. Smaller “boutique” style firms may focus more exclusively on this area. According to Dan Biersdorf, “Most law firms that practice eminent domain just do it as a subset of a much larger area with eminent domain only making up about 20% of what they do, and they are state-limited or limited to 2-3 states. Road projects are most common for eminent domain, so it really varies how busy firms are with practicing eminent domain based on what projects are going on.” See interview below.
Certain geographical areas may be better suited to eminent domain law. For example, a 2016 article stated Texas, “is home to eight of the nation’s 15 fastest-growing cities and five of the country’s 10 largest cities overall. This kind of growth generally requires additional infrastructure such as roads, power lines and pipelines, and these projects often require privately owned land held by individuals or businesses” (Johns Marrs Ellis & Hodge LLP). This prompted two Texas law schools to begin offering courses focused entirely on eminent domain, and Texas is certainly a great geographical area to practice in. If you live in an area that is already extremely settled and that will not likely have government projects occurring on a frequent basis, realize that you may either have to move or practice a different area of law.
Average salary:
According to Law Crossing, the average salary of an eminent domain attorney is $117,667. Again, geographical location comes into play a lot with this. The top cities posting eminent domain attorney job listings were: Dallas, TX; Austin, TX; San Diego, CA; Houston, TX; Miami, FL; Minneapolis, MN; and Raleigh, NC.
Would you like this practice area?
Strengths/Weaknesses: Are you good at analyzing situations and advising people based on your results, using logic rather than emotion to appeal to them? Are you good at crunching numbers? Great! Are you artsy and have always struggled to think with the logical, “left side” of your brain? Maybe not the area for you.
Likes/Dislikes: Do you like to deal with emotional situations? Well, too bad, you won’t find much emotion involved in eminent domain law (unless you deal with single-family homes). Do you prefer research, mathematics, and document drafting? Great! If you want to work for a small firm and help it grow over time, this is a perfect area to allow you to do so.
Consider whether these articles interest you:
In Property Rights Cases, Justices Sharply Debate Power of Precedent (Liptak)
“Overturning a 1985 precedent, the Supreme Court on Friday ruled that plaintiffs may sue in federal court to seek compensation as soon as state and local governments take their property through eminent domain. The earlier ruling had required plaintiffs to sue in state court.” Read more
Property Owners Protest Pipeline Procurement Process (Barakat)
“Much to Gary Erb’s chagrin, a natural gas pipeline now cuts across his 72-acre homestead in Conestoga Township, Pennsylvania. To his even greater chagrin, he remains unpaid for the 6 acres (2.4 hectares) of land that were taken from him under eminent domain to build the pipeline. With the help of a Virginia-based legal group, he is petitioning the U.S. Supreme Court to end what he and his lawyers say has become a common practice in the pipeline industry: taking the land first, and paying later.” Read more
Rockland May Seize Property to Ensure Park Access (AP News)
“Officials in Rockland, Maine, say they’re prepared to seize a waterfront roadway by eminent domain to preserve one of the two routes that provide access to the city’s Harbor Park. City Manager Tom Luttrell tells the Bangor Daily News that the property owner’s plan to build a new restaurant caught officials by surprise.” Read more
Eminent Domain Attorney Spotlight:
Dan Biersdorf is the lead attorney for Biersdorf & Associates, an eminent domain law firm that represents property owners nationwide. They focus on, “challenging the right to take, recovery of additional damages, inverse condemnation claims, regulatory takings, land use issues and constitutional law issues related to real estate” (Biersdorf & Associates). Dan has extensive experience in this area of law and has some great advice for law students!
Dan’s Interview:
Q: How long have you been a lawyer?
A: 43 years
Q: Where did you go to law school?
A: University of Minnesota
Q: What practice areas do you practice?
A: I do real estate valuation litigation. This is split between eminent domain, which makes up over 90% of our cases and property tax appeals, which we take on an ‘as requested’ basis.
Q: What size is your firm?
A: We currently have 3 lawyers and 8 support staff
Q: Describe an average day at work…
A: I take care of a lot of office work on the administrative side. On the legal side I’m mostly reviewing appraisals; talking with property owners about potential cases; reviewing briefs, memorandum, motions, etc. (usually I don’t write things anymore but I do edit); reviewing opposing party’s documents; once in a while I spend part of the day in conference with a client and their employees answering questions they have with regards to potential testimony. Probably the biggest portion of my day is reviewing appraisals.
I do sometimes go to court. I’m licensed in a lot of states around the country, so if it’s a state where only I am licensed, I will go. Otherwise, my appearances are usually limited to around 4-5 trials per year. We’re the only law firm I know of that does this on a national basis. Most law firms that practice eminent domain just do it as a subset of a much larger area with eminent domain only making up about 20% of what they do and they are state-limited or limited to 2-3 states. Road projects are most common for eminent domain, so it varies how busy firms are with practicing eminent domain based on what projects are going on.
It’s sporadic how much I collaborate with others. Lawyers at the firm are self-sufficient. All files are assigned to one of the two lawyers, and I act as a resource for them and also do the business development. We collaborate in the sense that we talk about the files when we need to.
I wouldn’t really say I deal with difficult people. Eminent domain and property tax work is not a very emotional area. It’s pretty much just business stuff, so emotions rarely enter into these cases. Rarely is there a single-family residence where there could be more emotional attachment; it’s mostly investment, industrial, and commercial properties. Some clients are difficult if they don’t understand the expectations even when you spell it out to them and sometimes clients think they know more about the case than you.
Q: Did you practice in any other practice areas before deciding on this one?
A: Yes, I kind of fell into eminent domain work. I actually started out as a criminal prosecutor, even though in law school I said the one area I never wanted to work in was criminal law and I never wanted to work for the government. However, I started out working as the assistant prosecuting attorney for the Hennepin County Attorney’s Office in Minneapolis! I then became a litigator for a private firm. Because of my background in engineering and an element of mathematics that I always gravitated to, I shifted to eminent domain and went out on my own.
Q: How many hours a week do you typically work?
A: I work all hours of the day. I’ve been known to send memos at 2 or 3 am. I take a nap if I need to! I work a “full day,” but it isn’t a typical 9-5 day, for sure. I do most of my work at home, but usually go into the office about 3 days a week for about 2 hours each.
Q: What do you like most about your job/practice area?
A: I think what I like most is that I’m running a business. This may surprise you, but I never had any intention of being a lawyer, even when I was in law school. I wanted to run for public office and thought law would be a good background. I’ve always wanted to run a business, so I find the challenge of running a business a lot of fun. I also like going to trial. I’ve always done a lot of public speaking, so I find that fun! The other lawyers with me share the same views. Our perspective is that we assume from day one a client’s case is going to trial… unless you want to accept a settlement. So, we probably try a lot more cases than other firms in this area because we like going to trial. We’re not afraid of trying cases or of going on appeal. So that’s another fun part of the practice.”
Q: What do you least like about your job/practice area?
A: Well, I kind of got rid of it for me personally. I never was a very good creative writer, but I had to do it and didn’t enjoy it. Now, I’ve got good writers working for me. They write all the initial stuff, and I do the next steps.
Q: You will be a happy and successful eminent domain lawyer if…
A: …you are able to talk with property owners, analyze their cases for them, and explain to them how they have a good case or don’t have a good case.
Q: What advice would you give students interested in learning more about being a eminent domain lawyer?
A: Most of the firms that do this to a significant degree tend to be more boutique type firms or smaller firms, so if you really want to get into this area you may need to look to more of a small firm type of practice. If you don’t want to be in a small firm, this area might not be the best for you. If you want to be in large firm, it’s hard to find and as an eminent domain lawyer you won’t be the main “mover and shaker” of the firm. There’s of course pros and cons to large and small. I think it’s a critical question to ask yourself: large or small. I know a lot of people who started working for large firms and quit because it’s not the lifestyle they like. For a smaller firm, you might not make as much money at first, but you can help develop the business.
If you have lawyers who must develop their own ‘book of business’, marketing is a big, big deal (particularly for a boutique firm). Lawyers will do well to have an expansive background in other areas like marketing. Having such a background will really help you grow business. We actually have 40% of our staff devoted to marketing!
– Dan Biersdorf
Conclusion:
Although at first glance this area of law may seem more “boring” than others, when it comes down to dealing with individual cases, each one presents a unique, fascinating problem that requires a great deal of analyzing and research to solve.