Guide to Legal Practice Areas
A Note About Legal Practice Areas
Many thanks to the William Mitchell College
of Law for allowing us to reproduce its “Guide to Legal Practice
Areas.” Take a look at the wide variety of specializations it
describes, and consider which one(s) might be right for you.
In doing so, remember that you will NOT be a
specialist in anything when you graduate from law school. Law
schools provide a general education across many areas of the law.
Late in your second year, or in your third year, you will be free to
focus on courses that interest you, but coursework alone will not
make you adept at any particular field. Law schools do NOT expect
you to know or declare any specialization to gain admission, and you
do NOT have to choose one before graduation. Nevertheless, if you
know what you are interested in, you can try to plan your elective
courses and summer jobs to prepare you for that area of practice.
These days, my students commonly express
interest in three fields that are often misunderstood. They are
international law, patent/intellectual property law, and sports law.
If you are interested in one of these fields, you need to understand
what it really entails, because it might not be what you expect. For
example:
- “International”
law is a term of art that means, in essence, the law
among nations. International law is a narrow field covering
treaties, international agreements, human rights, and the
like—the stuff of State Department lawyers and diplomats. If you
are interested in that, fine. But when most students say they
want to practice “international law,” they simply mean that they
want to work overseas. If you want to work overseas for a
private U.S. law firm, chances are good that you will not
practice international law; rather, you will focus on contracts,
real estate deals, and other types of business law in a foreign
setting. Some law schools offer programs in “international
law”—make sure you understand what they mean in using that term.
If you are willing to accept a position overseas, it is very
helpful to have experience in a foreign language, or at least
some study abroad or travel abroad experience.
If you are an international student studying in the U.S.,
admission to a U.S. law school can be quite a challenge. There
are a number of explanations for this fact. First, a U.S. law
degree is rarely recognized overseas—it will not make you a
lawyer in your home country. Second, even if you are admitted to
law school in the U.S., you may not be eligible for law
practice. You need to be eligible to stay in the U.S., and you
must still be admitted to the bar of a state, and many states
either require you to be a citizen, or require that an attorney
swear an oath to uphold the Constitution and laws of the United
States. State bars do extensive background checks covering many
years, and it is not always possible to complete this check when
dealing with an international applicant. Thus, if you are not a
U.S. citizen, you should contact each law school to see if it
admits non-citizens and then contact each state bar association
where you would wish to practice to see if you can be admitted.
Many law schools offer their foreign students an alternative
degree—an LL.M., which is essentially a master’s degree in
law. It will not allow you to practice law in the United States,
but it could prove valuable upon return to your home country.
-
Patent/Intellectual property law concerns protecting
inventors’ creations. “Creations” can include, for example, a
new machine or process, a logo, a piece of music, or a poem. The
field tends to be broken up into those who practice patent law,
a very specialized form of law that seeks patent recognition
before the U.S. Patent Court, and those who undertake other
fields such as trademark and copyright law. Many law firms
require at least their patent lawyers, and sometimes all of
their intellectual property lawyers, to have an undergraduate
degree in engineering, physics, biology, or some other hard
science. If you like intellectual property law, but lack such a
degree, you might wish to focus on non-patent work, or on patent
litigation—where you do not seek patents, but rather litigate in
regular federal court to protect and defend existing patents.
- “Sports law,”
like international law, is often misunderstood. A good sports
law attorney essentially practices regular old contract and
business law in a sports context. Sports law attorneys might
take a sports law course in law school, but it’s more important
to get a good background in contracts, tax, labor and employment
law, and mediation and negotiation. Whatever the specific field,
a good business attorney needs a solid background in at least
these areas.
If you have any questions about legal
practice fields after reviewing this document, please feel free to
ask: stop by or send us an e-mail, and we’ll try our best to get you
timely and relevant information about specific areas, including the
latest “hot” practice areas.
* * * * * * * * * * * * * * *
William Mitchell College of Law Guide to Legal Practice Areas
The following is a breakdown of some of the
most common practice areas you will encounter in the traditional
practice of law. This is by no means an inclusive list. It is meant
to serve only as a guide, and to give you a very general and
brief overview of what an attorney in any given area is likely
to encounter in terms of legal issues, his or her clients, and the
types of problems he or she might be called upon to solve. You will
find that many practice areas overlap, and include elements of one
or more others. Also, some of these terms describe a "style" of
practice, such as "General Practice" or "Litigation," while other
terms used here relate to a specific area of substantive law.
Some Helpful, but Very General & Brief Definitions:
Criminal Law encompasses
those matters that are acts in violation of penal law, or an offense
against the State or the United States of America. Criminal matters
are always prosecuted by a federal, state, or local government
body—in other words—the people. Criminal defense can be handled by
the public sector or the private sector (law firms). Conviction,
punishment or acquittal is the desired result of a criminal case.
Civil Law includes those
actions brought to enforce, redress, or protect private rights. A
sum of money is assessed for violations of civil law.
Most Private Law Firms are divided into two general areas:
The Litigation Group: These
are the trial lawyers. Attorneys in the litigation group are
involved in all the steps of the process for those legal issues
filed in court. A litigator' s work includes the preparation,
discovery, the trial itself, and potentially the appeals process.
The Transactional Group:
These are the "deal-makers." These lawyers are likely to handle many
corporate issues such as financing projects, mergers and
acquisitions, and securities. Transactional work will also include
real estate transactions, the probate process, and tax work. And
just to make it interesting, any transactional matter can end up in
litigation.
Administrative Law
Certain governmental bodies are charged with
administering and implementing particular legislation. Examples are
worker' s compensation commissions, tax commissioner, public service
commissions, Federal Trade Commission, and so forth. These bodies
are called agencies, commissions (i. e., Securities and Exchange
Commission), corporations (i. e., Federal Deposit Insurance
Corporation), boards (i. e., Federal Reserve Board of Governors),
departments (i. e., Department of Education), or divisions. These
bodies have authority to carry out the terms of the law, and to
create regulations for the conduct of business before them. This is
distinguished from legislative authority—that is, the authority to
make laws. Attorneys who work for these bodies are involved in
compliance with regulations, rules, orders, and decisions to carry
out the regulatory powers and duties of such agencies.
Additionally, lawyers from many practice
areas encounter administrative issues in their practice, even if
they are not working for an administrative agency. Any business that
is in an industry that is "regulated," such as health care,
environmental science, manufacturing, aviation, or securities is
subject to administrative authority. Therefore, attorneys in many
practice areas are charged with ensuring that their clients'
business practices adhere to the standards set forth by
administrative agencies empowered to interpret and regulate business
activity within a given industry.
Aviation Law
An aviation practice can range from the
representation of clients involved in litigation arising out of a
crash of a large commercial airliner to defending a lost baggage
claim. Aviation law involves the basic tort law concepts of
negligence, breach of warranty and strict liability as well as
contract law. Attorneys may represent aircraft or aircraft component
manufacturers, airlines, private pilots or other parties in the
general aviation industry, or work with an administrative body such
as the Federal Aviation Administration. There are also transactional
attorneys practicing aviation law, such as those rendering advice to
a corporate client that wishes to purchase an aviation-related
entity such as an airline or charter operation.
Banking & Finance
A banking and finance practice within a
private law firm can represent a wide spectrum of clients in the
financial and commercial areas, including banks, bank holding
companies, and clients with banking affiliations. These attorneys
have substantial knowledge in state and federal banking regulation,
enforcement actions, tax law, bank mergers and acquisitions,
bankruptcy, commercial paper, secured financing, real estate and
Uniform Commercial Code matters. Lawyers with this expertise are
also found within the banking institutions themselves in a corporate
setting. This practice area is largely transactional, and overlaps
with many other areas of law. The banking and financial industry is
heavily regulated, at the federal and state level, so many attorneys
are needed in compliance work, and occasionally administrative law
matters.
Bankruptcy Law
This area of law includes aspects of
corporate law, litigation, commercial law, tax law, and others. A
lawyer' s negotiation skills are primary in a bankruptcy practice.
The clients' ultimate goals are, in the case of debtors, to relieve
the demands of creditors so there is an opportunity to reorganize or
rehabilitate the business, or in the case of lenders, to maximize
their recovery. These goals are usually achieved through direct
negotiations between the parties, a "work-out" in which the debt is
restructured, or a reorganization under Chapter 11 of the Federal
Bankruptcy Laws.
Civil Litigation
Civil litigation runs the gamut from a basic
marriage dissolution to a complex, mass torts case with multiple
plaintiffs and multiple defendants with millions of dollars at
stake. In fact, any legal issue can be litigated. For example, while
the probate process is generally transactional, a will can be
contested and the dispute can be settled in court. While there is a
very structured set of procedures in the litigation process, it can
also be an amoeba—that is—the case can take twists and turns, and
change in ways you don' t anticipate. The best litigators are
prepared, and not easily rattled by the unexpected. For many
lawyers, it is their client' s goal not to go to trial. In fact,
most issues filed in court conclude in settlement. Once in the
courtroom, however, the litigator is a legal specialist who combines
oratory skills with legal analysis and cross-examination to convince
a judge and/ or a jury of his or her client' s position. Below, are
some of the most common specialty areas for civil litigators:
PERSONAL INJURY: Many trial
attorneys have rewarding careers litigating personal injury cases.
Attorneys who are successful and rewarded in this practice area are
skilled presenters, and enjoy the advocacy role. They represent
people who suffered "damage to their person." While that might bring
to mind some late night television advertisers soliciting whiplash
victims, most often, attorneys in this practice area are
representing victims who have been damaged in ways that affect them
for the rest of their lives. The personal injury lawyer' s job is to
"prove damages," or to maximize monetary
compensation for an injured client. To do so, a personal injury
lawyer will actively engage in investigation of the accident or
event that caused the injury, and will almost always call upon
medical and/ or technical experts for testimony. They are adept
interviewers, gathering information from witnesses, medical
professionals, insurance companies, and victims. They are persuasive
communicators, and often must know how to utilize sophisticated
technology for graphics and visuals to demonstrate their case to a
jury.
INSURANCE DEFENSE: Insurance
companies are often the parties that pay for damages in many civil
litigation matters. These companies generally have their own team of
attorneys who are usually experienced litigators. Insurance
companies will also hire outside law firms to assist in their
defense, depending on the jurisdiction and the nature of the claim.
If a claim is litigated, insurers have personnel specifically
trained to investigate its validity. (People with law degrees are
sometimes sought out for these positions). Attorneys specializing in
insurance defense also work for private law firms hired by insurance
companies.
An insurance defense practice, whether in an
insurance corporation or a law firm, will also call upon other legal
professionals. For example, attorneys are hired by insurance
corporations in alternative legal careers—as experts in risk
management, contract administration, investigation, and regulatory
compliance.
PRODUCTS LIABILITY: A man
sues a lawnmower manufacturer for personal injury sustained when the
blade hits a rock, propels it from underneath the mower, and strikes
his leg. He claims the mower was defectively designed. A woman with
an adverse reaction to a drug sues three pharmaceutical companies,
and a drug industry trade association. She claims her illness was
caused by the defendants' failure to warn her of the dangers of the
drug. The State of Minnesota sues a building contractor, claiming
negligence in the builder' s use of asbestos in buildings
constructed over ten years ago.
These cases have different fact situations, legal theories, and
evidentiary concerns and defenses, but they all fall under the
"products liability" practice area. Numerous theories of recovery
can be brought under single or multiple causes of action. They
include negligence, strict liability, breach of express warranty,
breach of implied warranty, and in some situations, absolute
liability. In most cases damages are sought for personal injury.
Sometimes, such as in the asbestos case, damages are available for
economic loss. In certain cases, punitive damages are awarded.
COMPLEX LITIGATION: This
describes a case filed in court that is likely to have multiple
parties and multiple causes of action, and sometimes crosses
jurisdictions. Examples are mass tort cases and class actions such
as the breast implant litigation, the tobacco litigation, and the
Dalkon Sheild litigation. Lawyers involved in these cases are with
private law firms or in-house, corporate counsel for one of the
parties named in the suit. Generally, the large private law firms
will be on the defense side, and plaintiff' s work is handled by
smaller firms.
OTHER COMMON SPECIALTY AREAS FOR
LITIGATORS: As mentioned above, any legal matter can end up
in litigation. Employment matters are often heard in court, such as
hiring discrimination claims, wrongful termination, or sexual
harassment. Business and corporate issues are frequently litigated,
such as the interpretation of a shareholder agreement or failure to
deliver specified goods on time. Family law matters frequently get
settled in the courtroom, such as marital termination agreements and
child custody. Contract disputes, tax matters, and real estate
issues also provide enough litigation for many lawyers to make a
lucrative practice specializing in litigating these types of cases.
Civil Rights
There are many state and federal agencies
with legislative responsibility for enforcing civil rights laws.
This area of law is also practiced in private law firms,
corporations, and legal services organizations. Laws vary from state
to state and generally prohibit discrimination based on race, color,
religion, national origin, gender, sexual orientation, handicap,
ancestry, age, status as to public assistance in regard to
employment, access to housing, use of public accommodations, and
opportunities in matters relating to credit and credit transactions.
Commercial Transactions
Commercial transactions is a general term
used to describe a whole body of substantive law applicable to the
rights, intercourse, and relations of persons engaged in commerce,
trade or mercantile pursuits. The Uniform Commercial Code is a group
of laws adopted in whole or substantially by all states, and governs
commercial transactions, including sales and leasing of goods,
transfer of funds, commercial paper, bank deposits and collections,
letters of credit, bulk transfers, warehouse receipts, bills of
lading, investment securities, and secured transactions. Commercial
transactions encompasses many areas of law including banking and
finance, securities, real estate, bankruptcy and more. Some lawyers
have specialties in one or more of these areas, and others will
handle a wide variety of commercial transactions. These lawyers are
employed by private law firms of all sizes, the corporate sector and
the government sector.
Communications Law
With the growth of technology, this is a
growing and emerging practice area. Very generally, communications
law can refer to those laws regulating the media, such as libel and
slander, privacy rights, and First Amendment issues. New electronic
media such as the Internet, cellular communication, and e-mail have
created a host of issues that are unresolved. Until laws are created
to regulate these communications, issues will be litigated.
Attorneys with this specialty could work for a governmental body
such as the Federal Communications Commission, private law firms, or
corporate entities.
Construction Law
Construction law is a specialty dealing with
all matters of new building construction. This can range from the
real estate transactions, the financing of commercial projects, and
contracts between developers, subcontractors, and buyers. Some
litigators specialize in this area as well, and can encounter issues
from personal injury stemming from construction site accidents to
products liability of materials used in building.
Corporate Law
A general corporate practice involves the
entire spectrum of legal services for a diversified client base.
Work includes corporate counseling, negotiating and preparing legal
documents for all types of business transactions, from sales
agreements to complex joint ventures and business combinations.
Private law firms can represent publicly-held companies,
privately-held businesses, start-ups, venture capitalists,
investment bankers, and others. They will deal with issues such as
joint ventures, financing, mergers, acquisitions, dispositions,
securities, tax, and more.
Attorneys are also found working within
corporations as "in-house" corporate counsel. For these lawyers the
corporation for which they work is their client. The issues they
handle may include all those mentioned above, as well as handling
employment issues or lawsuits against the company arising out of
personal injury, products liability, or breaches of contract.
Criminal Law
Criminal prosecution is generally handled by
government agencies at the federal, state, and local levels.
Attorneys are found in federal enforcement agencies such as the
Federal Bureau of Investigation and the Drug Enforcement Agency. The
United States Attorney' s Office has 94 offices across the
country. This prosecutorial arm has a Criminal Division broken down
into three parts: Organized Crime Drug Enforcement Task Force,
General Crimes Section, and Economic Crimes Section. State agencies
include those such as the Minnesota Bureau of Criminal Apprehension,
and the state Attorney General' s Offices. Local offices are the
city, county and/ or district attorneys.
Criminal defense is also handled by some
state and local government entities, such as a county-level public
defender' s office, nonprofit or public service agencies such as
Legal Aid Societies, and the private sector. Usually, law firms
engaged in a criminal defense practice are small, private law firms,
and will represent individuals facing drug charges, DUI, and other
various misdemeanors and felonies. Occasionally, very small
municipalities will contract with local firms to serve as their
prosecutor.
Education Law
Lawyers who specialize in education law are
likely to encounter three types of legal issues in their practice.
The first stems from Constitutional issues, such as First Amendment
Rights, that can arise in public education, both in K-12 and higher
education institutions. The second area of issues is related to
employment law. These can include tenure issues and contracts of
teachers and faculty; discrimination and harassment issues, both
student to student and among faculty and staff; and other Equal
Employment Opportunity Commission issues. Other issues likely to
come before an education lawyer are tort claims relating to
liability of an educational institution. The Federal Department of
Education hires some lawyers who deal with Occupational Civil Rights
issues, but these specialists are found mostly in state Boards of
Education, local public school systems, working for the educational
institution itself as in-house counsel, or in private law firms
hired to represent these institutions.
Elder Law
As our population continues to age, elder law
is emerging as a specialty in which many lawyers find opportunity.
Elder law encompasses a host of legal issues that specifically
affect the elderly. For example, the baby-boomers are in their 50s
now, and becoming concerned with retirement security.
Lawyers with expertise in financial markets and investment products
are needed to provide those services, along with accompanying real
estate and estate planning issues. Other issues might overlap with
health law, including Medicare/ Medicaid issues, nursing home
payments, assisted suicide and living wills. Other common issues are
will, trusts, and conservatorships.
Employee Benefits / Executive Compensation Practice
Attorneys in this practice area represent
both publically—and privately—held companies, and banks and trust
departments in all phases of designing and administering employee
benefits and retirement processes, such as 401k plans, 403b plans,
health benefits, and other investment vehicles companies offer to
their employees. Other issues include incentive compensation plans,
capital accumulation plans, and stock option plans. These attorneys
often have a client counseling role, assisting their clients in
long-range strategic planning, educating clients on current
regulations and legislation, and advising clients to ensure
compliance with those codes. This is a highly technical area of law
with many tax implications. Many practitioners have backgrounds in
accounting and/ or an advanced law degree in tax.
Entertainment / Sports Law
An entertainment law practice can range from
representing on-air personalities to professional athletes to
educational institutions. These lawyers will negotiate employment
agreements and standard player contracts. The practice involves
negotiation of endorsement/ marketing agreements, representing
clients in grievance/ arbitration proceedings, providing tax and
estate planning advice, and reviewing and/ or developing investment
agreements. It is also common for lawyers in this practice area to
handle numerous real estate transactions, and manage their clients'
equity interests in real estate.
Employment & Labor Law
Lawyers in private law firms represent
clients in both the private and public sectors in a variety of labor
and employment matters. A labor relations attorney will represent
employers in matters such as unfair labor practices, collective
bargaining negotiations, representation elections, grievances and
arbitrations, and strike litigation. These attorneys also counsel
clients on issues such as affirmative action compliance, employee
handbooks, workplace rules, and other related matters. An employment
litigator will represents clients on issues such as discrimination
in hiring, wrongful discharge, breach of employment contract,
workplace libel and slander, employee right to privacy, and other
issues. Some employment lawyers are also found representing
companies before administrative agencies such as state bureaus of
employment, bureaus of workers' compensation, the Equal Employment
Opportunity Commission and the National Labor Relations Board.
Others actively advise and represent clients in OSHA matters
involving employee health and safety.
Environmental Law
This practice area encompasses a number of
activities. There is an ongoing need for attorneys to provide
regulatory advice to businesses. Government agencies such as the
Environmental Protection Agency are often involved in an
administrative law practice. For example, if a business, citizen
group, a county or municipality believes a regulatory agency has
issued a permit that does not adequately protect the environment,
administrative procedures enable these parties to challenge the
permit.
Attorneys are also consulted to represent
clients in the industrial and manufacturing industry that, because
of past activities, have been scheduled for investigation and clean
up in the next decade. Private parties may also be involved in
disputes involving land contamination and will hire private counsel.
While some environmental disputes are litigated, most are handled
through the administrative process. Finally, environmental lawyers
are often involved in putting together business deals such as real
estate transactions, and business acquisition and divestitures.
Often when these transactions involve the transfer of real property,
environment assessments are required.
Family Law
Family law practices are usually limited to
small and mid-sized private law firms. Some public service agencies,
such as Legal Aid Societies, will represent indigent clients in
family law matters. Family law matters can include pre-marital
advice and planning; child-related issues such as custody, support,
and visitation; divorce planning, negotiation and/ or litigation
involving support, spousal maintenance, or division of property; and
post decree modifications and enforcement. Those engaged in a family
law practice are very skilled counselors and negotiators, whose
success is often dependent upon their ability to demonstrate genuine
concern and compassion for their clients. Family law often involves
trial work, and can overlap with many other areas of law such as tax
and estate planning, real estate, corporate and finance, contract,
and criminal.
General Practice
A general practice is just what it sounds
like. This refers to a law firm or an individual lawyer who handles
many different types of legal matters from different practice areas.
Many solo practitioners and small-firm lawyers have a general
practice, or as it is sometimes called, "door law," that is, they
will handle whatever comes in the door. Usually these lawyers will
limit their work to litigation or transactional matters, but there
are a handful who do both. Large law firms usually are described as
general practice, meaning that there are departments of attorneys
devoted to handling a spectrum of particular practice areas. The
lawyers within these departments are usually specialists in their
given field, however the firm as a whole is described as "general
practice." This term is limited to private law firms and individual
lawyers. Government and corporate setting lawyers are usually
specialists in one or more closely-related fields.
Government Practice
There are literally thousands of government
entities that hire lawyers, and they are found at the federal,
state, and local levels. Many of these bodies are mentioned
elsewhere in this article. Some offices may do work that is specific
to a substantive area of law, such as the administrative bodies like
the SEC. We felt we should still include a "government practice"
section separately because there are so many government offices that
handle many different types of legal issues and offer a wide variety
of practice styles. A good example of this is the state Attorney' s
General Offices. These offices generally provide legal advice to
members of the state legislature, the judiciary and local officials
such as county attorneys and sheriffs to assist them in enforcing
state law. In Minnesota, more than 100 state agencies, boards and
commissions receive legal advice and representation from the staff
of the Attorney General' s Office.
Attorneys represent the state in adversarial
proceedings including lawsuits in state and federal court,
rule-making hearings, administrative hearings, rate hearings,
disciplinary conferences and collection activities. Staff attorneys
provide advice and opinions involving statutory interpretation,
potential liability, legal authority for proposed agency actions,
and federal law requirements. Attorneys draft legislation and
administrative rules, write opinions, advise clients, and respond to
citizens' questions and concerns. Many attorneys also handle
substantial transactional work involved with state contracts, real
estate matters, and program administration.
The Attorney General regularly helps to shape
public policy by proposing legislation to deal with legal policy
concerns in the state. For example, proposals can include crime and
violence prevention, consumer protection, civil rights,
environmental protection, or children' s advocacy. The Office also
implements a wide range of public policy programs, including drug
prevention, sexual violence and harassment prevention, environmental
protection, consumer education, child support enforcement and more.
Government Relations
Some large firms have a department called
"Government Relations." This group of lawyers is usually involved in
some aspect of "lobbying." Lobbying is defined as all attempts to
influence legislators to vote in a certain way or to introduce
legislation. Attorneys in the government relations department will
be involved in monitoring and analyzing proposed legislation, and
engage in direct lobbying activities. Additionally, these lawyers
may be involved in trying to influence administrative rule-making
bodies, such as the Department of Health or the Environmental
Protection Agency. Some of these lawyers may also become involved
with litigation stemming from a perceived unfair consequence of
legislation. Clients can range from private or public companies,
such as a managed health care provider where proposed legislation
could have a direct effect on its business; or professional
associations, such as the American Medical Association, that
represent members of an industry that could be affected by proposed
legislation. Lobbyists are sometimes hired directly by these
organizations. In some instances, the government relations attorney
is an employee of the corporation or organization, rather than
working for a law firm hired by that entity.
Health Care Law
This represents one of the fastest growing
and dynamic practice areas. It is a specialty which blends many
practice types including litigation, general corporate, medical
malpractice, antitrust, tax, securities, real estate, labor,
partnership, to name a few. Dramatic changes in the healthcare
industry in recent years have created a huge demand for lawyers as
issues such as assisted suicide, crimes against the elderly, right
to die, and others present themselves. The changing nature of the
organizations in the industry—insurance and managed care companies,
physician organizations, hospitals and clinics, regulatory bodies,
and patient groups—calls for lawyers skilled in business
transactions such as mergers and acquisitions. Litigation has also
stemmed from the challenge of issues such as access to health care
and health care benefits. Healthcare technology is growing rapidly
and attorneys are needed to protect ideas and inventions, and to
advise companies in that business in their general corporate
matters. Healthcare is a highly-regulated industry, and many lawyers
assist their clients in compliance issues. There are a host of
issues here, and that is only expected to continue to expand
opportunities as this industry continues to change.
Immigration
Immigration is a comprehensive body of
federal laws that govern issues of foreigners coming into the United
States, including admission, exclusion, deportation, and
naturalization of aliens. The Immigration and Naturalization, part
of the United States Department of Justice, employs a great number
of immigration lawyers. Courts devoted to handling immigration
issues will also hire attorneys to assist judges. In recent years,
the legislature has been in the process of reforming immigration
laws, and some members of Congress and other legislators have hired
immigration lawyers for assistance. Private firms also represent
clients ranging from those seeking citizenship, new citizens working
to bring their families into the country, aliens with issues related
to employment or education visas, and/ or companies who wish to
recruit and hire internationally. Also, some in-house, corporate
counsel may deal with other immigration issues if the company they
work for does business internationally or has other international
concerns.
Intellectual Property
This area is perhaps the fastest-growing,
hottest area of law, with the demand for qualified lawyers exceeding
the supply. Attorneys in this field, with very few exceptions, are
required to have degrees in one of the hard sciences: engineering,
medicine, computer science, physics, etc. These practitioners may be
engaged in all aspects of copyright, trademark, licensing, trade
secrets, and patent law. Clients are usually businesses involved in
the chemical, medical and pharmaceutical, biological, mechanical,
electronics and computer technologies. Lawyers assist them in
acquiring, protecting and exploiting intellectual property assets,
including patent preparation, prosecution, licensing and litigation.
Intellectual property attorneys can be found in private law firms of
all sizes. Many private law firms are "boutique" firms, and limit
their practice exclusively to intellectual property. Corporations in
these industries often hire their own, in-house patent counsel.
International Practice
The term "international law" is really a
misnomer. There is no one practice area that could be described as
"international." Rather, an international practice is one in which
the attorney' s clientele consists of organizations or individuals
that conduct business internationally, or have international clients
themselves. Assets such as language skills and multi-cultural
experience are valuable to attorneys who wish to engage in an
international practice. These attorneys are usually those who first
gain experience in transactional work, and then acquire
international clients over time. Few new attorneys are able to
secure a job in an exclusively international practice.
An international practice can encompass all
aspects of business enterprise including mergers, acquisitions,
joint ventures and other investments; international finance;
international development projects; international intellectual
property rights; international trade and finance; regulation of
international trade; international tax matters; international
government representation; litigation and regulatory compliance;
international arbitration; and international real estate matters.
Lawyers in an international practice can also represent individuals
and families in complex immigration, residency, tax, estate
planning, and corporate and investment legal issues that cross the
boundaries of the national legal systems.
Judicial Clerkships
Judicial clerkships should be distinguished
from other "law clerk" positions. "Law clerk" is usually the title
given to a law student who assists an attorney with research and
writing duties. A judicial clerkship, however, is a post graduate
position, assisting a judge, usually for a finite term of one or two
years. Judicial clerkships are found in virtually every court in the
land, from the Supreme Court of the United States to county level
district courts, at both the trial and appellate level. These
positions, at the federal level and the state appellate level, are
generally highly competitive and require superior law school
credentials and a demonstration of superior legal writing skills.
These positions are considered to be quite prestigious, and many new
lawyers who have served as judicial clerks have found that the
experience was not only one of the most rewarding of the their legal
careers, but that the experience opens many doors, and expands
opportunities available to them at the conclusion of the clerkship.
Legal Services
Legal services are generally private,
nonprofit corporations which provide free legal representation in
civil and criminal matters to low income and elderly residents in
various geographic areas. Attorneys who join legal service
organizations have the opportunity to acquire experience quickly and
develop skills in a variety of civil and criminal matters. Legal
issues common to legal service organizations are family law matters,
landlord/ tenant disputes, criminal defense, fair credit practices
and other civil rights claims.
Medical Malpractice
The practitioner here will deal with claims
that question the standard of care rendered by a physician, dentist,
optometrist, chiropractor, or an employee of a hospital. An attorney
practicing in this area must understand not only legal principles,
but also must be knowledgeable as to the appropriate standard of
care to be exercised in a variety of health care professions and
settings. Representative issues can include those such as: Did the
medical professional fail to diagnose or misdiagnose the patient' s
condition resulting in injuries? Did the surgeon perform a procedure
improperly resulting in injury to the patient? Did the nursing staff
follow orders issued by the physician? The attorney' s task is to
simplify and focus the issues, and to make a case involving complex
medical facts, issues and analysis as simple and straightforward as
possible.
Municipal Law
State and local governments have need for
many different kinds of legal services. Some of those services are
provided by attorneys who are employed within the government entity,
and others by special outside counsel in private law firms who
specialize in the public sector practice. Those services required
include general advice and counseling, drafting agreements and
legislation, advice and assistance in the implementation of
governmental programs, and representation in judicial and
administrative proceedings at the federal, state and local levels.
Substantive areas can include public finance, education, securities
regulation, hazardous waste management, housing and urban
development, land use control, telecommunications, elections, and a
host of other issues. Clients of these lawyers include states and
their agencies, board of education, counties, cities, villages,
townships, state and municipal university and colleges, and some
private sector entities in their relations with public bodies.
Probate Trust & Estate Planning
Probate, Trust and Estate Planning attorneys
represent clients who run the gamut from the most modest of estates
to those that are highly complex, either because of the unusual
nature of the client' s assets and liabilities, or because of the
nature of the client' s business, commercial and other interests.
Services include extensive review, analysis and recommendations with
respect to income, gift and estate tax matters, and well as pre- and
post-death personal and administrative aspects of a client' s
estate. This is another practice area with huge tax implications.
Many of these attorneys are CPAs or have accounting background.
Attorneys with this expertise are found in many different
environments, including private law firms of all sizes, and in
organizations such as banks, trust companies, and accounting firms.
Clients can be individuals or corporations.
Real Estate
Real estate law relates to any issue
involving real property. Many lawyers have a special expertise in
real estate law, while many others encounter tangential issues of
real estate law in other practice areas. Real estate tends to be a
fairly technical practice area with a lot of accounting functions
and tax implications. It is common for real estate issues to be
dealt with on a regular basis by tax and probate and estate planning
practitioners. Many in-house, corporate attorneys deal with real
estate issues. For example, many companies lease retail space as
part of their business, purchase large commercial sites for their
own office space, or lease space in their building to other
businesses. Real estate lawyers also represent individuals making
all kinds of real estate transactions. Title companies, mortgage
companies, and other lending institutions will also hire real estate
legal specialists. Government real estate lawyers may deal with
issues such as condemnation and eminent domain, and are usually
hired at the local level.
Securities Law
A security is simply a manifestation of an
investment in an enterprise. It may be a bond, a share of common
stock, a note, a limited partnership interest, interest in real
estate or any other tangible or intangible asset imaginable. The
practice is primarily transactional work, business counseling, some
litigation relating to investments, and the raising of capital for
the enterprise. Securities lawyers are found in private law firms as
well as in-house corporate counsel. Some government entities also
hire securities lawyers, the largest of course, being the Securities
and Exchange Commission. Day-to-day work can address those issues
associated with financing transactions, public offerings, private
placements, blue sky commissions (registration requirements that
vary from state to state), reporting requirements, and SEC
compliance. The client base can be diverse and dynamic including
private and public businesses, venture capitalists, investment
analysts, bankers, and securities brokerage houses.
Tax Law
Attorneys specializing in tax can be found in
many employment settings, in both the public and private sectors,
including large accounting firms. Clients can include individuals,
government bodies, private and public businesses from a small family
business to Fortune 500 corporations. Tax specialists work closely
with practitioners in other practice areas. Virtually everything a
lawyer does for a client will have a tax consequence, whether it is
a marriage dissolution or drafting a simple will, or advising and
executing complex commercial transactions. Whether the client is an
individual or a huge corporation, the tax lawyer' s goal is to
maximize the preservation of assets and the positive impact on the
bottom line. This is accomplished through careful tax planning and
counseling of clients, and advising clients on the tax aspects of
financing such as public and private offerings, debt instruments,
equity stakes and other tax-oriented investments. Tax attorneys also
provide advice to tax-exempt organizations on the tax aspects of a
wide range of organizational and operational matters. These
attorneys are highly knowledgeable in obtaining tax-exempt status in
the most expeditious manner and effectively counseling such
organizations on maintaining their tax-exempt status.
Tribal / Indian Law
There are some lawyers who work exclusively
with legal issues affecting Native American tribes, Indian land and
reservations, and treaties. Attorneys are found in federal
government bodies such as the Bureau of Indian Affairs and The
Indian Claims Commission, which hears and determines claims against
the United States on behalf of any Indian tribe. Private law firms
also have lawyers who specialize in matters relating to Indian lands
and reservations, tribal rights, and other legal issues affecting
Native Americans. Additionally, specific Indian tribes, which are
recognized as sovereign entities with the power to regulate their
internal and social organization, have lawyers who may be members of
the tribe themselves, and/ or lawyers who are hired as "general
counsel," to handle the legal affairs of their tribe. Public service
agencies also serve the Native American community with lawyers who
specialize in the Indian Child Welfare Act, and others who serve
children, the elderly, or indigent members of the Native American
community.
Workers' Compensation
Practice in this area consists of
representing employees and employers in the administration of
workers' compensation benefits. Typically, law firms exclusively
represent either employers or employees, however there are some
firms that will represent both. On the employee' s side, counsel
assists injured employees in filing for benefits due as a result of
industrial injury or disease. It can also include the litigation of
claims which are appealed from the administrative process to the
state court system. On the employer side, lawyers are defending
their clients against such claims. Employer' s counsel can also be
involved in counseling and educating employers in establishing
safety programs and other methods designed to reduce industrial
accidents and injuries. In large law firms (generally
defense-oriented with employer clients) new lawyers who want to
litigate often cut their teeth on workers' compensation matters to
gain trial experience before moving on to more complex legal areas.
To Sum it all Up ...
It' s pretty hard to sum it all up. If
nothing else, you can see that there are a huge number of options
for you. We have discussed here only those areas which are generally
recognized as major fields of specialty. There are literally
hundreds of areas of sub-specialization and niche practice areas.
This summary is meant to be a concise resource for those just
beginning to explore a career in the law. When you begin law school,
and throughout your law school career, you are encouraged to seek
out other resources for more in-depth exploration. For guidance and
help to narrow your focus, seek the advice and assistance of the
Career Services Office, your law school professors, and other legal
professionals along the way.
CAREER SERVICES
William Mitchell College of Law
875 Summit Avenue
St. Paul, Minnesota 55105
phone: 651-290-6326
toll-free: 1-888-WMCL-LAW (option 3)
web: http://www.wmitchell.edu
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