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Everything Law Students Need to Know About Choosing a Practice Area
Introduction:
So, you’re in law school – congratulations! However, you have no idea where your life is going. You don’t know where you’re going to work, what area of law you’re going to practice, what size law firm you’re going to work for, what your future career looks like… basically, you have no idea what your future entails. Sound familiar? If that sounds like you, don’t worry! Everyone goes through this difficult period of trying to plan out a career path; you’re not alone. The first step to figuring out your future is simply becoming informed about what your choices are. What opportunities are available out there? At this point, you may be throwing your hands in the air and yelling, “I don’t know!” Don’t panic. That’s what we’re here to help with!
You may already have some idea of what opportunities exist in the world of law. Or, perhaps your parents just instructed you to go to law school, and you have no idea what you’re going to do with your degree. Either way, this resource is meant to be a guide to help you pick an area of law that is best suited to you. Everyone is unique. We all have different backgrounds, skill sets, personalities, likes, dislikes, and pet peeves. What area of law you decide to practice should depend on a variety of factors unique to you. It’s not just about which area of law makes the most money or which area of law your parents, professors, or school advisors tell you would be good to practice. Choose something that will make you love what you get up and do every day.
A couple of notes before we begin looking at practice areas:
- If you’re not in law school yet and are just thinking about your future very early, great! This guide will still be helpful to you.
- It may be difficult to choose an area. Don’t get discouraged. Seek advice from your family and friends, but at the end of the day remember that this is the rest of your life that you are talking about. Take every opportunity to learn more about various areas of law and realize that you don’t have to have all of the answers immediately. Sometimes, it takes a while before you find exactly what is best suited to you. That’s why the earlier you read through this guide and start researching what you can do with your degree after you graduate, the better.
- It may also be difficult to choose one area. The world of law is complex and far-reaching. You probably have multiple interests (it would be quite concerning if there’s only one thing in life that interests you!). A lot of lawyers practice more than one area. Keep that in mind as you read through this guide and realize that you are not necessarily limited to choosing one. (Note that we are not suggesting you choose fifteen! But two would be fine.)
- There are many practice areas available that people don’t know about. Have you always loved horses? Did you know equine law is its own niche area? “Yes, you can get a job in that!” is almost always going to be an answer as you consider what you want to do. There’s no doubt, however, that some jobs are particularly difficult to acquire.
- Know your strengths. Know your weaknesses. Never been a good writer? Maybe don’t go into a practice area that requires constant document drafting. Get nervous speaking in front of people? Maybe don’t be a litigator. Love dealing with emotionally-charged situations and calming people down? Consider divorce or family law. How do you know what strengths and weaknesses correlate with which practice areas? That’s just one of the many things this guide will help you with!
- Keep in mind what classes you enjoyed and what classes you hated. By the end of law school, you’ll not only know what your strengths and weaknesses are but also what your likes and dislikes are.
- “What makes this guide different from others?” In addition to offering a much more comprehensive breakdown of practice areas all in one easy-to-read, enjoyable resource, we have interview answers from lawyers practicing the various areas to give you real-life tips!
- Finally, the most daunting question for law students struggling to decide on a practice area. At what point should you know what area of law is perfect for you? Here’s a typical lawyer-type answer for you: it depends. Of course, it would be great if you knew exactly what you wanted to do before you graduated and then secured your dream job in that area of law and lived out the rest of your life practicing that and loving it the whole time. However, everyone is different. You may think you know by the time you finish this guide. Or, you may find your favorite practice area by just “falling into it” later in life.
General notes about the guide:
- This is probably the most comprehensive guide you will find. However, it does not take the place of on-the-job shadowing, internships, classes, clinics, or hands-on, real-life experiences to help you decide on a practice area!
- The information in this guide is accurate and complete to the best of our knowledge, but there is a potential for inaccuracies or incomplete information. Please note that the information may not have been updated since the publication date.
- Lawyer interviews were conducted by email or by phone. Please note that these lawyers were not otherwise involved in the writing of this resource; the information contained in the interviews is accurate to the best of our ability.
- If you find this guide helpful, please pass it along!
Administrative
Law
The government’s power has expanded rapidly in the past several decades. The area of law related to government agency action is called administrative law. Because within administrative law there are many sub-areas such as health, immigration, and transportation, we will keep this section of the guide brief. You may refer to other sections of this guide to find a practice area well suited to you, while keeping in mind that you have the opportunity to work as an administrative lawyer and deal with government agencies. For example, if communications law as a practice area interests you, you might enjoy administrative law related to the FCC.
As an administrative lawyer, you could work for the government to promulgate and enforce policies and regulations. Another option is to work at a private lobbying firm to represent clients, or you could work for a public interest organization.
For a list of some of the main federal regulatory agencies, see this page.
For a comprehensive guide to administrative law, check out this Harvard resource.
Admirality/
Maritime Law
Are you looking for big cases? Do you want something complex? Are you looking for something unique where each case is completely different? Maritime law governs nautical matters. If it has to do with the ocean or the sea, it probably falls under this area of law.
That being said, there is a lot that relates to the ocean and the sea! That’s what makes maritime law so fascinating to some people because cases are complex and vastly different. Unlike newer areas of law such as fashion law or gaming law, maritime law has been popular for centuries. Alexander Hamilton and John Adams were both admiralty lawyers, in fact!
Education and Background:
A background in the US Navy or US Coast Guard may give you valuable insights into the matters that maritime lawyers deal with.
Most maritime attorneys learn their skills “on the job,” so this is an area where it is incredibly important to get an internship to see if you like it.
Getting a job:
The importance of trade by sea cannot be underestimated. Furthermore, the U.S. Naval Institute estimates that, “about 70 percent of the world’s population lives within 100 miles of the coastline, and most maritime activity such as shipping, fishing, and natural resource exploitation takes place within 200 miles of the shore” (Howell).
In addition to a job with a firm that specializes in admiralty law, there may be opportunities with a government agency, cruise line, or insurance company.
The Maritime Law Association of the United States (MLAUS) may be a useful organization to join, and you can even join it as a law student! Visit their website to learn more about their nine classes of membership.
You may want to consider geographical constraints if you are thinking about this area of law. Yes, you probably can find “maritime” law jobs in Kansas, but they will be few and far between compared to jobs available on the coast.
Average salary:
A current search on Law Crossing indicates an average salary of $118,596. However, Maritime Attorney Tom Bond points out that this is an area of law when money really “ebbs and flows” because cases are so large and each one is worth a lot of money (see interview below).
Would you like this practice area?
Strengths/Weaknesses: You must be strong in a variety of areas such as reading, writing, speaking, and researching. This is an area that requires organizational skills to deal with complex issues.
Likes/dislikes: If you like having flexibility in your schedule and in what you do, this is a great area for you. If you prefer a routine, you will not enjoy this area of law as much.
Consider whether these articles interest you:
Thou Shalt Not Covet Thy Neighbour’s Continental Shelf: Australia’s Timor Sea Maritime Boundary (Forbes)
“Coveting a neighbour’s continental shelf is a trend that has caused diplomatic rifts and become a contentious issue since the early 1960s. There are some recent cases where coastal and/or island States have experienced the problem in regional seas, for example, in the Arctic Ocean, the East and South China Seas, the Falklands Basin and the Timor Sea. Perhaps this ruffling of diplomatic feathers relating to the continental shelf may be partially attributed to select provisions contained in the Third United Nations Law of the Sea Convention 1982…” Read more
Two Year Old Child Dies After Falling From Freedom of the Seas (Walker)
“A two year old child reportedly died today after falling from deck 11 while the Royal Caribbean cruise ship was in port in San Juan. The ship was reportedly docked at the Pan American dock II in San Juan. There are conflicting information regarding the circumstances of the tragedy. One source (translated) states that the child “peeked into one of the windows that was open and fell,” and another newspaper reports that the child “was in the arms of his grandfather who slipped and fell.”” Read more
The Jones Act Is About Protecting America (Istook)
“In recent weeks, opinion writers in a number of leading agriculture industry publications have been encouraging American farmers to ship their products in foreign vessels, arguing that it’s cheaper. They have also been urging repeal of the American law that is the last thin lifeline of the once-robust shipbuilding industry in the United States. Unfortunately, this line of thinking reflects the blindly globalist agenda that has been the bane of America’s economy for the last 50-years.” Read more
Maritime Attorney Spotlight:
Thomas M. Bond is the founder of the Kaplan/Bond Group, a firm specializing in maritime injury law and construction site injury law. He says you can be a happy and successful maritime lawyer if you don’t take yourself too seriously and try to have fun along the way while still working hard.
Tom’s interview:
Q: How long have you been a lawyer?
A: 34 years
Q: Where did you go to law school?
A: Suffolk University
Q: In what practice area(s) do you practice? If more than one, what’s the percentage of each?
A: Maritime injury law makes up about 20% of what I do, but some are really big cases so it might make up half of my income. The rest (80%) is construction site injury law.
Q: What size is your firm?
A: Just me! I have one legal assistant and my wife comes in 3 days a week to help out.
Q: Describe an average day at work…
A: I try to do reading, researching, writing, phone calls, and speaking. I find a balance. I really do whatever I’m in the mood to do. I have the flexibility because I’m working for myself.
Q: Do you deal with difficult people?
A: There’s a right way and a wrong way to handle people. If you listen to everyone and try to understand where they come from… there’s no such thing as a difficult person.
Q: What makes your day-to-day work different from that in other practice areas?
A: The autonomy and flexibility in my day to day activities. I like to negotiate, speak in front of crowds, do research, and more. There are certainly ups and downs with the money flow. It comes in waves because some of the cases are so large, so you need to budget.
Q: Did you practice any other practice areas before deciding on this one?
A: No. Right out of school I just sent a guy who did this kind of law my resume. He said he wanted 2-3 years worth of experience. I told him I had 2-3 years experience, and he asked how that was possible since I just graduated. I told him that I worked my way through college so I had “work experience.” Of course that wasn’t what he was looking for! So, he said no, but I called him again and again and again. Finally, he agreed to let me work there. Later, he told me he hired me because I simply wouldn’t listen to the word no! He said if I didn’t listen when he said no, I wouldn’t listen when “no” came up in the course of work. If you want something, be persistent!
Q: How many hours a week do you typically work?
A: 45-50 in the office but I would say I work 60-65 total
Q: What do you like most about your job/practice area?
A: I enjoy the flexibility; I like helping people; I enjoy that the cases aren’t routine; I like that sometimes I’m in federal court; and I like that I handle bigger cases, so they are more complex.
Q: What do you like least about your job/practice area?
A: Well, there aren’t enough hours in the day!
Q: What advice would you give students interested in learning more about being a lawyer in your practice area?
A: Find someone who does that kind of law and intern with them.
I always put my family first. And I think if you are happy at home it transitions to your professional life.
– Tom Bond
Conclusion:
Maritime lawyers take big risks by dealing with large, complex cases. However, there are often big rewards that come with it.
Alternative Dispute Resolution
In the words of an Alternative Dispute Resolution lawyer, ADR is, “the more appropriate way to resolve disputes, rather than going to war in the courtroom where there are just winners and losers. Alternative dispute resolution should result in a win-win.”
There are many forms of dispute resolution available other than litigation. For a full list, see this page. The most commonly practiced alternative forms, however, are mediation and arbitration.
Mediation entails having a neutral third-party mediator listen to the facts of the case and assist in negotiations between the parties; the procedures are non-binding. Mediators may hold joint sessions where all the parties and their representatives are in one room to discuss the facts; they may also hold private meetings with each party to hear confidential issues and to determine the willingness to settle. Most mediation cases result in parties coming to settlement, in which case settlement documents should be signed; these become as binding as any other agreement.
Arbitration entails an out-of-court hearing in which an impartial arbitrator makes a decision (arbitration may be binding or non-binding). Arbitration is a less costly and less time-consuming option than going to court, but arbitration does resemble trial.
Education and Background:
You should not try to go directly into dispute resolution right out of law school. Rather, you should find another practice area (or multiple practice areas) to gain experience first. You may want to be a general civil litigator so that you handle all sorts of cases. Mediation and arbitration are alternatives. What that means is you should probably understand the original process before attempting to practice an alternative.
Each state has different requirements for the training required to work in alternative dispute resolution. For mediation, courts will refer cases to those listed on an approved “roster”. To be on the roster you must meet your state’s requirements. More training may be required depending on the area a mediator intends to practice in. A law degree is also not always required for being a mediator, but this will certainly help you attract clients. If you are interested in state-by-state court mediator certification requirements, visit this page and click on your state. States also vary on the educational background, experience, training, and license requirements for arbitration and other ADR forms. You should look up your State’s requirements if you are interested in this area of law. For a comprehensive list of ADR Training Providers by state, see the ABA’s list. Even if coursework or certification is not required, you may want training so that you can tell clients you have the necessary knowledge to succeed, particularly if you don’t already have a lot of legal experience.
What is most important for working in ADR is the interpersonal and communication skills you possess, for without those you will not be successful.
Getting a job:
The career outlook for mediators is good; job growth for mediation is predicted to grow faster than for the average job through 2024 (McKay).
You will find small, local ADR practices located across the country. If you are thinking of opening a law firm later in life, this is a good area to focus on.
If you want to work for a bigger organization, an association like the American Arbitration Association or the International Centre for Dispute Resolution might be for you.
Finally, there are offices all across the country where ADR providers are employed by the federal government. The Federal Mediation and Conciliation Service focuses on five areas: collective bargaining mediation; grievance mediation; relationship development training; ADR services to government entities; and education, outreach, and advocacy. To learn more, visit their page.
Average salary:
According to the Balance Careers, in 2015 mediators earned $58,020 on average (McKay). Your salary will depend in large part on the form(s) of ADR you offer, in what practice areas you practice, what clientele you are attracting, and how much legal experience you previously had.
Would you like this practice area?
There are several important skills you must have to succeed in this area. You should be open, honest, and good at giving suggestions to parties while at the same time refraining from expressing personal opinions about the case. You must have strong teamwork skills, be able to handle extremely emotional situations, and be able to help build trust between the parties. If your friends describe you as a good communicator and always come to you with their problems because you are a good listener, this may be a good area of law for you. If you are the type of person who likes to constantly interrupt and give your own thoughts and find it hard to remain neutral when people you know are in a fight, this might not be a good area for you to practice.
Consider whether these articles interest you:
Jay-Z’s ADR problems: Mogul’s case spotlights lack of diverse arbitrators (Ricker)
“The lack of diversity in arbitration and mediation has drawn increasing attention in legal circles, but it took someone with a huge audience and a lot of money at stake to propel the issue into the headlines. In a dispute stemming from the $200 million sale of his clothing line, rapper and entrepreneur Jay-Z (whose real name is Shawn Carter) in November challenged an arbitration clause as discriminatory, stating it would force him to select an arbitrator from a list nearly devoid of his ethnic group. Only three of 200 arbitrators on the large and complex case roster provided by the American Arbitration Association identified themselves as African-American, and one of them had a conflict, he argued.” Read more
Google ends mandatory arbitration of workplace disputes and ban on employee class actions (Weiss)
“Google will end mandatory arbitration of employment disputes beginning March 21, expanding its previous decision to end forced arbitration only in cases of alleged sexual harassment or assault. Google announced the policy change last week…” Read more
“A stubborn spouse can derail a divorce mediation. Besides self-reflection on one’s own conduct, a cooperative spouse should try to understand the reasons underlying the stubborn spouse’s intransigence. This post explores how to handle a difficult party in a contentious divorce mediation. The role mediators and experienced family law attorneys play in overcoming a stubborn spouse to attain a successful resolution will also be examined.” Read more
Alternative Dispute Resolution Attorney Spotlight:
Brian Jerome is the founder of Massachusetts Dispute Resolution Services, a firm focusing on mediation and arbitration services. In addition to working as the head mediator, Brian has a team of over 30 mediators and arbitrators. He has experience in dozens of areas and has handled thousands of cases.
Brian’s Interview:
Q: How long have you been a lawyer?
A: Since 1980
Q: Where did you go to law school?
A: New England School of Law
Q: In what practice area(s) do you practice? If more than one, what’s the percentage of each?
A: For the last 30 years I’ve worked exclusively as a mediator and an arbitrator. I handle a wide variety of practice areas, though, pretty much any law cases that can be subject to civil litigation.
Q: What size is your firm?
A: I’m the head mediator, and I have a panel of 34 other mediators and arbitrators who work along with me.
Q: Describe an average day at work…
A: It’s spent serving as a mediator or an arbitrator. Either I do one full day case, which is scheduled to take the entirety of the day, or I do two half-day cases if they think they can settle the case or do the arbitration hearing in that time. I go in every day and each case is different. There are usually a lot of people there. I’m also the owner of my company, so I spend some time just doing business operations.
Q: Do you deal with difficult people?
A: Yes, pretty much every day because all the people I work with are involved in disputes amongst themselves. There is often a lot of anger and emotions involved. Also, there may be unrealistic expectations that can make people difficult. As a mediator, I need them to show flexibility in order to come to a resolution. For arbitration, it is somewhat contentious like court so that is difficult.
Q: What makes your day-to-day work different from that in other practice areas?
A: I’m the neutral, not the advocate. My day is very different because I’m not prosecuting or defending for one side or the other. I’m trying to use my powers of persuasion to convince people to settle their cases rather than go to trial.
Q: Did you practice any other practice areas before deciding on this one?
A: For the first 9-10 years I was a civil litigation trial attorney.
Q: How many hours a week do you typically work?
A: 60
Q: What do you like most about your job/practice area?
A: Every day is completely different; I don’t have to represent the same person over and over again. I’m involved only for a day, and I get new people every day. I have cases that are very dynamic and all the people involved are there. It’s interesting to deal with people’s emotions and prejudices; there is a little bit of psychology every day in addition to law.
Q: What do you like least about your job/practice area?
A: I like pretty much everything about it, but marketing or having to “schmooze” is my least favorite part
Q: You would be a happy and successful lawyer in this practice area if you…
A: … were very honest and patient
Q: What advice would you give students interested in learning more about being a lawyer in your practice area?
A: It’s hard to begin to be a mediator and arbitrator because most of the people who are being hired have some experience behind them in a substantive prior background. There has to be a reason why people hire you to be the mediator or arbitrator. If you are just coming out of law school, you don’t have that track of knowledge. People will hire those who have a lot of prior experience. Call a mediator or arbitrator and talk to them, do an informational interview, and maybe observe a session to see if you are interested for later in life. For those coming out of law school with debt on their shoulders and no experience, becoming a mediator is not the best path.
It’s the more appropriate way to resolve disputes, rather than going to war in the courtroom where there are just winners and losers. Alternative dispute resolution should result in a win-win.
– Brian Jerome
Conclusion:
This is an area of law where soft skills are key. You must be an excellent listener and communicator, or you will never succeed in ADR.
Animal Law
The animal protection movement has been growing, but in terms of law, this is still a relatively small area because it is so new. You might not want to solely practice animal law but instead incorporate it into your practice. Any type of legal dispute involving animals, whether that is veterinary malpractice or animal cruelty, could be handled by animal lawyers. Thus, animal lawyers often represent veterinarians, people who own pets, or animal rights organizations.
Education and Background:
Many law schools now offer animal law classes, which would be essential to take if you are thinking about this area of law. To show a genuine interest in this area of law to potential future employers, it would be best if you have some kind of background helping animals, even if that is just volunteering at the local animal shelter.
The Lewis and Clark Law School is particularly well known for having a complete program in Animal Law, but if you don’t go there, probably the best thing you can do is get a position with the Animal Legal Defense Fund (ALDF) or another similar organization. The ALDF lists internships, clerkships, and fellowships on their website.
Getting a job:
The Animal Legal Defense Fund says that it has three main focuses: filing lawsuits, helping prosecutors charge animal abusers, and animal law education. If you want to read more about the opportunities available, we recommend reading the ALDF’s guide to Opportunities in Animal Law.
Average salary:
For a new lawyer starting in animal law, expect to make about $50,000 (Animal Legal Defense Fund). This is a niche area, so you will have to work hard to build your practice and gain experience to make more money.
Would you like this practice area?
You must have a genuine passion for helping animals; that is the reason you should want to practice this area after all! You may sometimes be working with tragic circumstances related to animals. If you are the type of person who has to turn away at animal shelter commercials with dogs shivering out in the cold, this area of law may not be for you. On the other hand, this could be the igniting spark that makes you so passionate about what you do.
Consider whether these articles interest you:
Animal Legal Defense Fund Offers $5,000 Reward in Case of Kittens Thrown from Vehicles in Craven County (ALDF)
“The Animal Legal Defense Fund, the nation’s preeminent legal advocacy organization for animals, is offering a $5,000 reward for information leading to the arrest and conviction of the person or people responsible for throwing kittens out of moving cars and abandoning them near Neuse River Bridge over the course of the last month. Since early June there have been several kittens found near Neuse River Bridge and the intersection near Highway 70 with injuries consistent with road rash. There have also been eye witness reports of kittens being thrown from moving vehicles in this area.” Read more
An Avoidable Tragedy: Dogs in Hot Cars (ALDF)
“Every summer, as temperatures rise, so does the danger of companion animals dying because they are carelessly left in a hot car. While humans cool themselves by relying on an extensive system of sweat glands and evaporation, dogs and other animals have a harder time staying cool, leaving them extremely vulnerable to heatstroke. Parked cars quickly trap the sun’s heat. Even on a day when it’s 70 degrees outside, the temperature inside a car with all the windows closed can hit 89 degrees in just 10 minutes, according to the American Veterinary Medical Association.” Read more
Court Rules Gray Wolves With Some Dog Genes are Protected by Endangered Species Act (ALDF)
“Today the U.S. District Court for the District of Minnesota issued a critical ruling in favor of wolves’ legal protection — determining that gray wolves are not excluded from the Endangered Species Act even if they have some detectable dog genes. The Animal Legal Defense Fund and the Lockwood Animal Rescue Center filed the lawsuit in 2017 against Fur-Ever Wild, a Minnesota-based business, alleging that the facility displays wolf pups in a petting zoo and later skins them for their fur.” Read more
Conclusion:
While this is certainly not the most profitable area of law, it can be very rewarding and there are a variety of interesting opportunities out there!