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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:
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:
“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
“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
“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.