Temp Attorneys:
The Washington City Paper has this provocative article on attorney temping. An excerpt:
For more and more law school graduates, this is the legal life: On a given day, they may plow through a few hundred documents—e-mails, PowerPoint presentations, memos, and anything else on a hard drive. Each document appears on their computer screen. They read it, then click one of the buttons on the screen that says "relevant" or "not relevant," and then they look at the next document.Thanks to AL&P for the link.
This isn’t anyone’s dream job, but more and more lawyers in big cities around the country are finding that seven years of higher education, crushing student loans, and an unfriendly job market have brought them to windowless rooms around the city, where they do well-paid work that sometimes seems to require no more than a law degree, the use of a single index finger, and the ability to sit still for 15 hours a day. Is this being a lawyer? It is now.
The pay varies from market to market. In New York, for example (at least a few years ago), temps would typically get $20/hour, with time and a half for overtime. In Chicago, the going rate was more like $30/hour. The temps I met who were based in Alaska actually got $50/hour and full benefits, the problem being that there's not a lot of demand for temp lawyers in Alaska. In New York, by contrast, the pay may suck but you can stay employed 52 weeks a year if you like.
This is how a lot of the big firms handle major document review projects these days. I don't know what kind of markup they take, but if you have 50,000 boxes of documents that need to be reviewed, there aren't a lot of good options. I had plenty of experience under my belt at the time, but the typical reviewer is either (1) a recent law school grad who couldn't find a permanent job, or (2) a more experienced lawyer who enjoys the flexibility of part-time work for personal reasons. For those in the former category, it's a good bet they never envisioned this sort of gig when they signed up for six figures in law school debt.
The jobs can run the gamut. One time I got hired by a major white-shoe firm to write a 50-page research memo on business combinations and the regulatory barriers they face in 20 different countries. (This was useful information for their transactional lawyers, but they couldn't figure out how to bill it to a specific client, so they looked for a temp.) Another time I got hired to write a complex summary judgment motion after an associate quit on short notice. In contrast, another time I was hired to review a massive document production and stamp each document as either "confidential" or "highly confidential."
Stamping documents for $35/hour actually isn't the worst way to make a living. As I said once in Alaska, "I used to think my job was nothing but a glorified box mover, but now I realize I'm not so glorified."
Partner
Of Counsel
Partner-track Associates
Staff Attorneys
U.S. Temp Attorneys
Offshore Outsourced Attorneys
When you are a temp document reviewer, you live for e-mails that have some spark of humanity in them, even if they are banal and about people who are being investigated by the Department of Justice, because those e-mails are not spreadsheets; they are not brochures or policy statements.
I remember feeling that way when I externed for a local attorney whom the judge had made counsel for an indigent criminal defendant. I was assigned to go through a box of the prosecution's evidence and organize it (which I guess is the level of task appropriate to someone without a JD). The best find of the day was the client's letter to a girlfriend in which he repeatedly referred to himself as "Daddy." Before that I'd never realized how invasive of one's privacy a criminal investigation could be.
Arin Greenwood is good at chronicling minor bad things about modern life. Her article about getting scammed was a great read.
I am also sure there are a lot of migrant workers who would love to make $35/hr. doing such "tedious" work as document review.
If, instead of going home and watching television, the temp lawyers bettered themselves by reading or attending CLEs, or wrote scholarly articles, I imagine their fates would change. I've exchange e-mails with a certain high-achieving people who, though already successful, were up past midnight doing "extra" work. Seems like someone who hasn't even achieved anything should have a similar ethic.
Getting good grades in college and a very high LSAT score (enabling you to go to a highly-ranked law school and then make Bs that are still good enough for the AmLaw 100) is a reasonable substitute for making good grades in law school. The author of the article ended up doing this work not because she made bad grades or went to a bad school, but because she decided not to stay on the BigLaw track.
Possibly the lesson is: Unless you are OK with due diligence or doc review, don't borrow 6 figures to go to law school. If you're not sure whether you're OK with it, take a paralegal course and work for a law firm, and you'll find out quickly whether you are suited for this life.
I sure hope you don't think I was whining about getting paid $35/hour to stamp documents.
It's the snots who look down at making more money than 80-90% of the population who irk me. They should spend an aid doing legal work at a migrant farm. Or go to an animal shelter or nursing home. Other sentient beings have real problems.
By the way, the people in the article have this chief complaint: "I'm not doing real law." Well, if they really wanted to do "real" law, why aren't they doing pro bono?
Again, they're just a bunch of entitled snots. They're the same people who complain about the "lack of client contact" or "I never go to court" when making 170K at BigLaw.
I'm sure you could write a similar article about general practitioners in the free clinic in Topeka, ("I wanted to be a plastic surgeon, but it turns out those jobs are hard to get!"), MBAs whose first company quickly went bankrupt, computer programmers who just graduated . . .
This is just another article that pretends to be surprised that, among the relatively elite, there is wide variations in job quality.
The difference is that the temps are right down the hall from the $160k first years at the same firms. It's a strange dynamic.
Sure, but the problem is the difference between what you expect and what you achieve. If you expect to slave away in a field or mine, and that's what you do, there's little to despair about. If you expect to make 6 figures and be respected, and you end up slaving away under some jerk boss for modest pay, there's much to despair about.
Wow - you mean they're allowed to do this. My God, man, what next? Doctors working for themselves? Accountants? People actually opening thier own business? This is an outrage to all that's good and Holy. Isn't everyone supposed to work for large law forms or companies? At the very least the government. I'm having a hard time wrapping my head around this notion of sole practitioners.
(Pssst - don't tell anyone but my father who practiced law for 40 years was a sole practitioner. He actually turned down opportunities to work at prestigious NY law firms, admittedly to his own economic disadvantage, but the freedom to pick and choose clients and live life to his dictates, not the firm's.)
I doubt that most migrant workers spent 7 years in college law school and accumulated student loan debt on their way to picking cabbage.
1) I would not work for an Urban School District
2) I would not work for LAUSD in Particular
3) I would not teach Middle School.
Come august, I was able to get a job teaching For LAUSD, in South Central Los Angeles, At Horace Mann Middle School. I then spent 10 years in South Central teaching at middle schools, and honestly, I wouldn't mind it if I could have my old job back (I was teaching Computer Skills at 30th and Broadway when the principal decided that EVERY student needed to take two English classes a day. To make the time available, he closed all elective programs and moved the teachers to other subjects or to new schools).
E.g.-Simple will- RVS allows $500. Govm't actually pays $300.
Complex will-$950 allowed--$600 actual.
Ooops, my bad--physicians didn't volunteer for the RVS payment method- government lawyers forced it on them.
There have been such cases. See Bank v. Brooklyn Law School, 2000 WL 1692844, No. 97-CV-7470(JG), 2000 WL 1692844, AT *1 (E.D.N.Y. Oct. 6, 2000) (Gleeson, J.) (emphasis added):
Actually a law student did, but lost. See, Bank v. Brooklyn Law School, 297 A.D.2d 770. But that was in 2002, and the Court found that he had no factual basis. Over time, there is a growing belief that schools lie about their employment data, so that Courts will not be so skeptical.
knownow have their careers permanently derailed. Perhaps the people who are so quick to ridicule these poor kids should direct their vitriol to the absurd system that relies exclusively on first year grades as a proxy for legal ability.The temp agencies apparently push hard for productivity, given the signing out for bathroom breaks and nails on keyboard complaints. And mind-numbing, hourly-wage job like this is exactly the kind of job that encourages slacking and clock-watching. If they paid per document, instead, it seems as though both productivity and job satisfaction would go up.
On the other hand, such a system might encourage counterproductive sloppiness in the review of documents. As I can attest from personal experience, it's very easy when doing document review to numbly click through dozens of documents without fully focusing on their contents, especially after one has been reviewing for 5 or 6 (or 10) hours. I'm not sure it would be a good idea for firms to implement a system that would encourage such carelessness, particularly since, given the volume of documents to be reviewed, most of the documents reviewed by contract attorneys are never seen by associates or partners and the contract attorneys' judgments are never evaluated, particularly with respect to documents marked not responsive.
I went to law school, graduated in a bad economy, couldn't find a job and am now doing something else. I'm happy, though if I'd known I wouldn't be practicing I probably wouldn't have gone to law school in the first place. But the bottom line is that anyone who looks into it will find out that there's a glut of lawyers BEFORE they go to the trouble and expense of earning a JD, and if they choose to take the risk anyway, well, they choose to take the risk anyway.
Is a law degree even required for this kind of work? Yes, sure, according to the existing "legal ethics" rules this constitutes the "practice of law" and non-lawyers shouldn't do it, blah blah, but why couldn't college graduates do this?
Note that the process is not just a single pass over the documents. Multiple passes and sampling methods can be used. The biggest issue he finds is that he has to have lawyers do the vetting at all levels, when the truth is that non-lawyers with training could do much of the simple first work.
In fact, if a person wishes to stay in state, they might be better off going to a third or fourth tier school with a scholarship than the best school they could get into with no scholarship. $200,000 in debt is a lot. But if you can get out with little or no debt, options are open to you that are not open to the grad with huge debt. You can afford to be a DA or PD or work for some Public Interest Group.
good: unlimited free beverages (soda, coffee, tea).
bad: we cannot listen to iPods and our workstations have no internet access (for email, etc., we use a common terminal that always has a line and we have to sign in and out when using it).
worse: as the article says, feeling trapped between the career-killing decent hourly wage and the uncertainty of an otherwise crappy market.
FYI, I graduated 2006 from a top 30 school and was top third of my class.
In fact, if a person wishes to stay in state, they might be better off going to a third or fourth tier school with a scholarship than the best school they could get into with no scholarship. $200,000 in debt is a lot. But if you can get out with little or no debt, options are open to you that are not open to the grad with huge debt. You can afford to be a DA or PD or work for some Public Interest Group.
Sure, you are almost always better off going to law school in the city or state you want to practice in, unless you go to one of the very few schools with a truly national brand. But if someone is stuck doing document review in New York, Chicago or L.A., they probably prefer living there to flyover country; moving to Cleveland is not an option. They will just slug it out with document review and try to find an opening into the kind of work they'd rather be doing.
Alas, these e-mails almost never have anything to do with the issues in a given lawsuit.
Yeah, that's why I stick to blog comment threads. Keeps my spirits up.
Nick
As Harry Caray would say: "Holy cow!"
You have done more to prove my "out of touch" comment than I ever could have.
Have you ever even talked to a migrant worker? A factory worker? You really should spend some time with people who can barely walk and go to bed in pain every night from back-breaking jobs.
You, too.
Really, folks, you need to take a good look at how the other half (really, the bottom 10% lives).
They do not enjoy their jobs or have a "Well, at least I don't have school loans!" outlook on life. Most would love to have your "problems."
The VC comments section never ceases to astound me.
There are lots of people who need legal help. Do some pro bono work. Go to legal aid. (Maybe after talking to people with real problems, you won't feel so damned sorry for yourself.) Offer to help a more experienced lawyer out. Start a blog and make it worth reading.
There are lots of ways to prove yourself.
Big shot Stanford guy opens up and says "Defendant's oversimplification of the applicable law fails to appreciate the nuances in play here." (Exact quote) He started on some law review, theroretical nonsense. About four minutes into a bunch of nonsense, Judge cut him off and said, "[Name redacted], you just got an A on your law school exam. In the meantime, Defendant's Motion for Summary Judgment is granted."
And he's not the first Top 10 law school guy I rolled in court. I read here and elsewhere all the time how the big-time schools don't teach state law. They act like they are too good for it. In the meantime, guys like me are out winning cases over the so-called big boys.
then click one of the buttons on the screen that says "relevant" or "not relevant," and then they look at the next document.
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This sounds like on-line poker, just less fun.
Chicago is, by definition, in flyover country.
Brian G, surely you did a good job on your summary judgment, but the "big shot Stanford guy" handling a plaintiff's slip-and-fall case (perhaps he wasn't top of his class?) sounds like he had the facts and law against him, and at least had the presence of mind to say SOMETHING to try to keep his suit alive. Was there some aspect of state law he failed to argue that would've defeated your motion?
Beyond the satisfaction of winning, it's also nice when a victory comes against a good or prestigious opponent, as a sign you probably did a good job; but cases usually are decided on their merits. I don't think that your experience proves anything about the relative quality of elite vs. state schools.
Temp work violates the deal, because by definition it doesn't lead anywhere.
Comparisons to migrant workers and to other trades are pretty much beside the point. There's always someone who has it worse. The real question for me is whether the legal profession is eating its own young.
The current generation of practitioners will retire (or die) eventually, and there will be serious problems if they do not attend to the development of people in the pipeline. A short-term focus can lead to long-term problems if nobody plans for succession. And the one thing we know for sure about the Baby Boom generation (as a group) is that they NEVER plan for succession. They think they're going to be here forever, and they won't.
Please tell us:
In the BigLaw/Courts employment arena, how do we deal with removing the effects of discrimination occurring at the law schools to "level the playing field," so we don't create a substandard 2nd class level of employment for the J.D.'d victims, thereby perpetuating the lack of a level playing field and denying forever better employment opportunities?
e.g., Law Student A graduates law school before adherence to anti-discrimination enforcement of the Americans W/Disabilities Act and Rehabilitation Act reasonable accommodations mandate, failure to accommodate results in bottom 1/5th of the class -- how do we adjust this result to remove the discrimination and compare to those w/o disabilities graduating say in the past couple years who are top 1/10th?
Or do we just accept this discrimination pervading the legal profession and the fact numerous victims of illegal discrimination are releged to mindless grunt tasks that really only require about a 3rd grade level of education and a lot of elephant tranquilizer to get thru the day and perform?
Just curious ..
3. e.g.
The way the legal profession is currently structured really needs a housecleaning.
I completely agree with this post. Not so long ago, only white males could go/did go to law school. Back then, it was a lot easier to compete when you only had to compete with a fraction of the population. Law students today are more diverse, more competitive, and more motivated to remain in the middle class. A college degree won't cut it any more.
I'm interested to understand better the claim you're making about discrimination here. What disability are you referring to that causes people to grade in the lower fifth of the class without affecting their ability to perform the essential functions of being a lawyer, and what accommodation do you think law schools and law firms should make for it?
What is "not so long ago"? I think most of the graduates of the class of 1964 have retired.
By the way, do you need a license to do this stuff, or just a law degree?
I also think a lot of the older attorneys have not adjusted to the new admissions criteria for law school. 15 years ago numbers that would barely qualify you for Brooklyn law school or Cardozo would have gotten you in at Georgetown and UVA. Stanford was letting in 165's as late as 1997. I would have been competitive at Harvard if I applied when many of the people who are looking at my resume went to law school. My point is the underclass of lawyers are much more talented now then they were 20 years ago and I think that needs to be accounted for in the analysis.
There are Ph.D.'s running around teaching as adjuncts instead of being scholars. There are architects working on strip malls instead of grand buildings. There are engineers and programmers doing what amounts to grunt work.
Why are lawyers uniquely entitled to job satisfaction?
and I didn't even get the job. so there are dark and dreary days trying to be a lawyer but then again that's the same thing with everyone else's life too.
30 an hour would be pretty awesome even if the work was boring. in KC the firms pay like 25 an hour I believe for the doc review work.
someone posted about how having temps "beaks the deal" because there is no advancement path. but maybe it misses the point. at least with the temp gig, everyone knows there's no future so makes arrangements as opposed to the real firm world where we fool ourselves into thinking we can make it if we just commit a little more billing fraud.
Regarding BrianG's comment about a Stanford grad, as another poster noted, maybe he deserved to lose, in which case it is hard for me to see how his law school education rendered him a lesser lawyer than you.
Document review can be done by non-lawyers, but given the number of times when parties inadvertently produce privileged materia, which many courts hold to waive the privilege, it is probably malpractice to delegate this work to non-lawyers.
Between tuition and lost opportunity costs, law school is costing me in the six figures every year. At the end of it, should I not expect to have better job opportunities than when I started? (Top 25 law school, close to the top of the class, if such is relevant.) You can certainly find boring, relatively low-paying, dead-end jobs without the effort and expense of law school.
Furthermore, it is entirely disingenuous to look at straight-up salary. After all, there are costs associated with obtaining said salary (seven years of tuition and lost opportunity costs), migrant workers may be financially better off for many years. Imagine two 18-year-olds, one at the top of his high school class and the other a slacker. The latter goes into construction, security,the military or other blue-collar work; the former goes to college and law school. How long will it take the law student, earning $40,000/year, to catch up to his peer financially? Five years? Ten years? If the construction worker saves (or has the opportunity to save) a few thousand a year, he'll be in better financial shape than his lawyer buddy until their 30s, at least.
Obviously, you shouldn't earn it back within the first year, but there is the expectation that we will recoup our investments. Otherwise, there is no incentive to so invest, which is bad for society as a whole. As a general matter, we don't want to get into a situation wherein education (and a professional education, at that) is a bad investment.
My two cents at 2:22 am....