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November 23, 2009

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You don't hear mechanics speak of non-mechanics, or engineers as non-engineers, or physicists as non-physicists."

Oh really?

http://www.youtube.com/watch?v=pQRaR850iqU

;-)

Granted, the sample size is small, but the only paralegals I know who became practicing lawyers were paralegals before they went to law school. I also know a former contract lawyer who broke through the barrier into legal practice - of course, not with a firm where she did contract work.

I'm not seeing how a lawyer who works as a paralegal has any greater chance of breaking into law practice with the firm where he works than one of those contact lawyers in the windowless basement room. Using your example, do you seriously think the partner who will reject a candidate because he didn't go to a "real law school" will suddenly change his mind because he does good paralegal work?

I met some similar partners when I was in law school, and was ruled out for some firms based upon my undergraduate school. Hiring partners that obsess about their firm resume, and sneer at people they have never met because they "didn't go to a real law school", seem more apt to view a NYLS grad's success as a paralegal as evidence that NYLS is a good paralegal school even if not a real law school. Law firms pay know-nothing first year associates salaries well into the six figures principally to protect their resumes from being polluted by perfectly competent graduates of even middle-tier law schools.

Another factor comes into play: pay. Working as a contract lawyer doing document review may be mind-numbing, but it can pay $80-$100K. In most fields of legal practice, that's the most a career paralegal can hope to make. In many fields a paralegal will make substantially less. Absent a substantial reason to believe that a paralegal job is more likely to turn into a regular lawyer job than is contract work, for someone intent on becoming a lawyer, taking the paralegal job may amount to biting off your nose to spite your face.

There's nothing at all unusual about defining who you are by what you do. What do adults typically ask kids they don't know - "What do you want to be when you grow up?" When somebody uses the common ice breaker, "What do you do", they're not asking if you blog in your spare time. The mechanic will answer, "I'm a mechanic," the engineer will answer, "I'm an engineer," and the physicist will answer... "I'm a professor."* If you're arguing that this is unhealthy, and can lock people into a sense of self that revolves around a job, you're right. Yet such is the world we live in.

I largely agree with you, that people invest far too much in their sense of "myself as job". Thinking that way forecloses a lot of alternatives that will in many cases be far more personally satisfying than a career as a [whatever], and perhaps more lucrative. Or if you must be a lawyer, take a risk and hang out a shingle. I personally lost any desire to work with the "NYLS isn't a real law school"-type partner the first time I met one.

* Or perhaps "I create derivatives for Goldman Sachs". Career options for Ph.D. physicists have opened up a bit in recent years.

In every office (all small offices, granted) I've worked in, people are going to get tasked with whatever they can handle. A paralegal who can do lawyerly work is going to get more lawyerly work. Eventually that paralegal (law license and all) is either going to get promoted; or will have a portfolio of real law work to use to get a job as a lawyer in another office.

A contract lawyer has no practical experience or any writing portfolio to shop around. So it's not just the stigma that's hurting him. It's the lack of, "Look at what I can actually do," that's killing him.

The guy I mentioned (read the whole post he wrote) is stuck. He can't even find a job doing contract work now. Yet he's unwilling to slum it as a paralegal. Classic behavioral trap. Repeating the same behaviors that have fucked up your life is going to lead to a better life...How? Yet we all get caught in these behavioral traps.

His current decisionmaking is getting him nowhere. His life is passing him by. If he followed my advice, he's be a "real" lawyer soon enough. Instead, he has no job and might default on his student loans.

Great post about the law. I found it to be very useful. I will have to bookmark your site for future reading.

[Bradley Johnson, stop fucking spamming my site and others. It's unseemly. You left the same comment at Popehat. If you want to place an advertisement to your piece of shit site showcasing your reptilian smile, write me a check. Thanks, Mike.]

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