Kaulapi World

According to the National Association for Legal Professionals in a report on the 2009 placements for summer associates.  Of course a lot of people are buzzing about it, especially since there was somewhat of a debate just how bad the recent economic downturn would have on the 2009 graduating class.  One of the first signs that I came across that something was up were the rumors that several of my classmates who had secured offers from law firms had been deferred, and almost all of them were later had their offers rescinded outright. What was next was that they were left scrambling to find another legal job at first, and then eventually, any job.

In retrospect I was pretty naive to think that I would be in a good shape coming out of law school purely on the basis that I was never interested in the six-figure salary, private law firm job right out of law school.  Instead, I was pretty much set on a public interest position, either in a government agency or a non-profit.  I was willing to take a much lower pay provided that the work would be more personally fulfilling to me, and in the meantime I would get valuable legal experience.  I was more than willing to let my classmates and other graduates from higher ranked law schools compete for the coveted law firm jobs.  The more I heard about the insane hours and debilitating lifestyle of the big firm associate the more it affirmed my decision to say no thanks.

There was also this idea that I had a leg up on the game in a way that others didn’t, in occasional conversations with classmates I noticed that my previous legal experience provides additional context of the real world that put the theoretical aspects of law school more into perspective.  Maybe more of a sign of overstating personal ability or uniqueness, in my mind, the law degree would open doors for me in ways that it would not to others. After the first 2 years when the class ranks came out, I wasn’t totally discouraged, because in my mind because being the very top of the top, wasn’t necessary for my particular legal career path.

As it turns out, I was never on a safe track due to forces that are mostly beyond my control.  The last year has been an eye-opening experience reading and hearing about the horror stories of folks applying for work in a very tough job market to which attorneys have no advantage whatsoever.  A friend of mine recently applied for an entry level government attorney position at which 620 applicants were competing for 3 spots.  I ran into another friend that mentioned that there is a deferred associate working for her non-profit on some law firm’s dime.  In a cruel twist of fate, the other employees at the non-profit, many of whom are MPP/MPAs, have to compete with free labor.  Mr. Market is an influential fellow, we were foolish to ignore him all this time.

Vivid and slightly strange dreams lately.  In a recent one I’m climbing along side of a mountain, right by the tree line and come across a large angled clearing with several enormous tree stumps. For the moment I realize that they are giant oak trees that had grown in the side of the mountain. The oak trees are so huge that they could easily fit 2 people lying down across the truck width.  Everywhere among the stumps are giant mushrooms growing, in various varieties, some that look like edible types, like shitake, matsutake, and others that I could not recognize.  I remember being amazed at the size of the trees, and the sheer number of cut trees and mushrooms everywhere.

Almost out of no where a middle aged woman in professional attire comes walking briskly down side of the mountain, passing by me with a sense of urgency, and says in passing something about eating a mushroom thinking it was a exotic red lobster mushroom, and now needing to seek medical attention in the village down the mountain.  She was coming from a higher part of the mushroom grove from where I was standing.  Somewhat startled by running into another human being in the wilderness, especially in a business suit and heels, I think to myself that what the woman did by eating a wild mushroom was pretty stupid and downright dangerous and that the thought hadn’t even crossed my mind, realizing that while I know a little about the appearance of mushrooms from the grocery store or from biology classes, I’m nothing close to an expert yet on foraging them in the wild yet.

In the dream I remember thinking to myself that if I was intent on picking mushrooms here, I would be much more likely to gather a few mushrooms to take with me, consult a scientific expert before eating them myself, or even better yet, find an experienced mushroom merchant who would be willing to buy them from me.  I’m not sure exactly how this dream ended, but I think it after enjoying the scenery I made my way back down the mountain along the path that I came.

As in taking a break from the law, at least for now.  More specifically, I’m taking a break from studying the law for the perspective of a practicing attorney.  Figuring that it’ll be at least a few years before I crack open the bar books again, and in the meantime I’m going to enjoy the break from the pure testing evaluative part of the law and can focus more on the substantive parts of the law that actually have more of an interest to me.  I’ve come to the conclusion that I get and understand enough of legal theory and process to continue my education in a more  informal way which will allow me to focus on the legal areas relevant to my work, life, and personal interests.

One thing I considered in taking this break is the concern that I would forget the old core legal subjects and theories, and as a result may put  myself in a much more difficult position to pass the  bar later.  I thought about this a lot when talking to other fellow poor souls that were studying for the bar that they had forgotten a certain subject from 1L.  However after going through the process once already, I know now that the test is really mostly a test-taking test, with some broad references to basic legal concepts from the first year of law school.  Further, something that I’ve noticed through the years that might put me in a different position than others is that I really retain quite a bit of what I learn.  I can recall random lessons as far back to college, HS, and beyond, even as far back as grade school.  I can see a similar pattern in law school, the extent to which I learned and retained it from the first time is directly related to their relative strength of teaching.  So the bar will be there when I’m ready to take it again, and if I need to take another prep course to strategize how to take it again, I will do so also.

It really feels like I’ve put my life on hold for 4-5 long years grasping for the brass ring, and now it doesn’t make sense to do much longer just for a credential that in this economy has an unknown, and likely depreciating value over time.  Until society catches up with how over-saturated the legal job market is, most non-legal employers will consider a JD an over-qualification, more specifically, a job applicant with a law degree would be a flight risk, and therefore a very bad prospect for employment.  In a weird way, I’m actually better off not being licensed if I decide to continue working in a non-legal job might be the best proof of all that I wouldn’t be a flight risk, I would simply point out that I am “not currently licensed to practice law” in this state.  It seems baffling, but it has really come to it, I never thought that having a credential could actually hurt your job prospects in a down economy.  At least if I’m ever in a situation where I absolutely have to consider omitting the JD from my resume, at least I won’t have a 3 year gap in employment to have to explain.

Making this decision feels like a weight has lifted off of my shoulders, even the brief time spent looking at my bar exam books again just to see what I still retained over the recent months was extremely unpleasant.  How long this break will be really will depend on whether the legal job market improves or stabilizes to the point where an average law student like myself with extensive non-legal or quasi-legal professional work experience can get a job as an attorney in the capacity that at least recognizes the alternate perspective and training.  I think it’ll be at least for a few years when I decide that the job market has improved to the point in which I have a true economic and personal incentive to get my license.

Of course this doesn’t mean that I’ll refrain from making comments during Law and Order, the Good wife, or CSI-whatever.  That’s still fun.