Career Options and Practice Settings

Public Interest

The American Bar Association (ABA) defines public interest law as work on behalf of individuals or causes that might otherwise lack effective representation within the legal system. Most definitions of public interest law encompass government practice and cut across political ideologies. The key is that the work is performed for constituencies or issues that are not typically served by the for-profit bar.

Most public interest legal work is performed in either non-profit, small “public interest” law firms or government settings. However, many private sector lawyers undertake public interest work through pro bono representation. Substantively, most public interest lawyering is broadly categorized as either direct representation (litigation) or policy/advisory. Many organizations engage in both.

The key to finding public interest employment after graduation is early planning. The public interest legal market is substantially different from the private sector market, and in many ways more competitive. Private and public interest employers have separate hiring timelines and value different types of experiences and skills. In addition, the public interest legal market offers fewer overall opportunities to graduating law students. But do not be discouraged! If you understand the public interest legal market and approach your job search with a realistic plan, you are very likely to find satisfying work. Early planning is critical because public interest employers seek, first and foremost, candidates who demonstrate a commitment to their issues. Though some employers also value academic achievement, virtually all of them place much greater weight on experience and dedication to public interest causes. The more experience you have, the more competitive you will be. No singular formula or program governs the hiring process.

Many public interest organizations, unfortunately, do not routinely hire permanent, entry-level attorneys. However, they do often sponsor post-graduate fellowships. Fellowships are short-term positions (usually one or two years) designed to give new law graduates experience in their fields of interest. Hundreds of fellowships are offered each year, and collectively, they are among the best ways to enter into the public interest legal market. All students with public interest career aspirations should seriously consider them. To learn more, pick up Post-Graduate Public Interest Fellowship Manuals I and II in Office of Public Interest and Community Service (OPICS).

Public Interest Funding

Harvard Law School Office of Public Interest Advising Publications

A variety of publications assisting students in finding work and funding in public interest law are available at http://www.law.harvard.edu/students/opia/planning/publications.php.

Initiative for Public Interest Law at Yale, Inc.

The Initiative is a non-profit organization that provides start-up money for projects that protect the legal rights or interests of inadequately represented groups. Please note that the Initiative seeks to fund individuals who are launching new projects with new or existing organizations, but not to provide funding for existing organizations. The Initiative funds innovative projects that may have difficulty obtaining money from other sources due to the subject matter of the project or the approach taken by the project. The Initiative funds cutting-edge projects whose successful execution might be a model for other organizations seeking new and better ways to represent clients. Applications are generally due in late January, with grants awarded in the summer. Additional information for applicants, along with a list of grant recipients for the past five years, can be found on the Initiative's Web site at http://www.law.yale.edu/stuorgs/initiative.htm.

Government Practice Areas

Direct Representation

These organizations represent clients in legal proceedings. Typical practice areas include family law, public benefits, consumer law, civil rights, environmental law, housing, asylum and refugee law, homelessness and criminal defense and prosecution. 

Examples include the Washington Legal Clinic for the Homeless, the San Francisco Legal Assistance Foundation, the Legal Aid Society, Earth Justice, the U.S. Department of Justice, the Public Defender Service and the New York County District Attorney’s Office.

Policy/ Advisory

Many public interest organizations, particularly non-profits, engage in work intended to effect systemic change in legal or political arenas. One vehicle for doing so is class action or impact litigation. Examples of organizations that frequently engage in this type of litigation are the ACLU, the Lawyers Committee for Civil Rights Under Law and Public Citizen Litigation Group. Other policy-oriented organizations focus primarily on strategies other than litigation. They may utilize community education, organizing, research, lobbying, policy analysis or amicus brief writing to meet their objectives. Examples include Children’s Defense Fund, Congress Watch, Sierra Club and Human Rights Watch. 

Many government agencies also engage in policy or legislative work, and most have large numbers of attorney-advisers on staff that provide advice and guidance to their own and other agencies, the public or policy-making officials (e.g., Members of Congress).

Finally, many policy-oriented public interest and government organizations provide technical assistance to other organizations. They act as clearinghouses on current developments in their areas of expertise and coordinate advocacy efforts. Examples include the Center on Budget and Policy Priorities, the Death Penalty Information Center and the American Bar Association Center on Children and the Law.

Citizenship Requirements for Government Positions

In order to be eligible for "competitive civil service" positions with the U.S. government, you must be a U.S. citizen or, in some cases, hold citizenship with an "Allied Nation,” as defined by the U.S. government and U.S. treaties. If you are neither a U.S. citizen, nor a citizen of a defined “Allied Nation,” you do not qualify to apply for a compensated position with almost any U.S. Government agency. For a list of “Allied Nations” and additional legal details, visit: http://www.opm.gov/employ/html/non_cit.htm.

Employment rules for “Allied Nation” citizens vary from agency-to-agency. Students must research a particular agency’s requirements before reaching any definitive conclusion regarding their employment eligibility. In fact, in some instances, ultimate eligibility is not determined until the performance of a U.S. government background investigation. 

Please note that it is extremely difficult for a non-U.S. citizen to secure employment with any U.S. government agency, especially in the aftermath of September 11, 2001. Although it is tempting to argue that unpaid positions are exempt from this general rule regarding non-citizen employment, it is an agency-by-agency determination. Unfortunately, there is no single office or person that will give a definitive answer for all agencies before completion of a candidate’s background check.

Government Honors Programs

Honors Programs are one avenue by which federal government agencies hire LL.M. students for entry-level positions. These programs provide students with excellent training and exposure to an agency or department and also increase their likelihood of obtaining permanent, postgraduate employment with the agency or department. Each program has a unique set of requirements, application procedures and deadlines. You must carefully review each program’s requirements.

To find out about Honors Programs and other government hiring:

The application deadlines for government hiring programs are often in flux. Agencies may change their recruiting plans based on Congressional budget decisions, election results and staff turnover.

The Tax Directory

The Tax Directory is a worldwide compilation of contact information for government agencies and officials. Highlights include points of contact with the following:

Additional information can be found on the Tax Analyst Web site at http://www.taxanalysts.com/.

Capitol Hill Employment Resources

Aside from regularly reading Roll Call (http://www.rcjobs.com/) and The Hill (http://thehill.com/employment/), students considering law and policy work on Capitol Hill should become very familiar with the House and Senate Employment Offices, vacancy announcements resources, Resume Banks and online sources of vacancies and application information, including the following:

United States House of Representatives

    • U.S. House of Representatives Office of Human Resources

      H2-B72 Ford House Office Building (HOB)

      Fax: 202-226-7514

      http://www.house.gov/cao-hr/

    • U.S. House of Representatives job line phone number: 202-226-4504

    • House Human Resources Vacancy Announcement Lists

      B227 Longworth HOB

United States Senate

Private Practice

Private practice involves legal work in a for-profit setting or on behalf of for-profit organizations or causes. Private sector lawyers may practice in large, medium, or small law firms, corporations, accounting firms or trade associations. 

Large Firms (100+ attorneys)

Most large firms are located in urban areas, offer top salaries, and have high billable hour requirements. They typically have “summer associate” programs for second-year J.D. students and seek to hire entry-level associates from those programs. The current partnership track in most large firms is 8-10 years. Generally, large firms wait until the spring semester to recruit and interview LL.M. students.

Medium Firms (35-100 attorneys)

Many attorneys find a smaller (but not too small) environment better suits their temperaments and work styles. Salaries at medium firms generally are not as high as at large firms, but neither are billable hour requirements. Many medium firms hire for both summer and permanent positions on the same schedules as large firms, but some wait until late winter or early spring.

Small Firms (fewer than 35 attorneys)

Nationally, one third of the attorneys in private practice work in firms of two to 10 attorneys. Many small firms are “boutiques,” where all lawyers specialize in the same area of the law, but most are general practice firms. Salaries and billable hour requirements are often lower than at large firms, and partnership decisions do not generally follow standard tracks. Small firms often offer greater responsibility to younger attorneys than large firms, but they can require client generation earlier as well. They usually do not hire until the spring semester for summer positions, and LL.M. hiring typically occurs on an “as needed” basis.

Corporations

Most corporations do not hire attorneys directly from law school, but rather wait until associates have gained a few years of legal experience. Some corporations with large legal departments may hire new law school graduates, but these are the exceptions. Most (but not all) corporations do not hire students for summer positions. LL.M. students with significant direct experience or with transferable work experience are the most frequently recruited students for these positions.

Associations

Trade associations are non-profit organizations. Staff sizes vary from one to several hundred, although most number six to 10 people. Duties of an association’s staff attorney might include reporting to members on governmental developments affecting their industry, facilitating contact between members, Congress and appropriate agencies, and presenting an industry viewpoint to representatives of the federal government.