Paralegal Practice: Personal Injury/Wrongful Death

Personal injury law is one of the legal industry’s most common practice areas and one in which paralegals play a vital role. Jamie Collins, a litigation paralegal for Yosha Cook Shartzer & Tisch in Indianapolis, Indiana, shares her experiences working in the areas of personal injury and wrongful death litigation.

How long have you been a paralegal? What is your educational background?

I have worked as a paralegal for over 14 years. I started in the legal field with no experience or legal education but earned my associate’s degree in paralegal studies from Ivy Tech Community College in 2003 while working part time at a law firm. I am currently working toward my bachelor’s degree in business management from Marian University. I work at Yosha Cook Shartzer & Tisch, a personal injury and wrongful death firm in Indianapolis, Indiana, founded by trial legend Louis “Buddy” Yosha. My firm consists of five attorneys, three paralegals and support staff.

What are your daily responsibilities?

My firm handles predominantly personal injury and wrongful death cases. I handle all of my assigned files from inception through settlement. In light of this all-encompassing structure, I perform a vast array of paralegal duties from the high level to the mundane. On a day-to-day basis, I do the work that needs to be done to move each file along the litigation pipeline toward settlement or trial.

On any given day, I interview potential clients; interact with clients, attorneys and court staff; draft letters and pleadings; review medical records; prepare medical chronologies; draft demand letters, witness and exhibit lists; prepare and compile discovery responses; open and organize files; and handle any other assignments that come my way. Litigation moves at a fairly rapid pace, so you have to work in an organized and efficient manner and adhere to processes in order to streamline your work.

(Personal Injury Paralegal Skills outlines in more detail the skills, knowledge, and abilities required to succeed in the personal injury field).

What do you enjoy most about personal injury law?

What I like most about working as a litigation paralegal in the personal injury realm is helping injury victims seek justice. I really get to know my firm’s clients well. I develop a rapport with them, so having the ability to assist them in their time of need is truly rewarding for me. I really enjoy helping people.

Another thing I enjoy about my position is trial work. I never had the opportunity to participate in trials until I came to this firm. Trial preparation is not an easy task; you spend weeks of your life preparing for trial and you often go without the “4 F’s” (food, family, friends and free time) for days, weeks and even weekends. However, the rewards are so personally and professionally gratifying, that it makes every moment you spend without the “4 F’s” absolutely worth it.

What does preparing for a personal injury trial entail?

You spend weeks working on one case, writing outlines, redacting medical records for social security numbers and insurance write-downs, copying and compiling exhibit binders and helping to prepare witnesses. You and your team then go to trial and every last ounce of effort, energy, skill and knowledge you have is left in that courtroom. You dedicate countless hours, days, weeks and weekends of your life to a cause - to a client - and it is exhilarating to stand in the courtroom and hear a jury verdict read aloud after you’ve given everything you have.

To witness a client cry tears of relief or joy and hug me while weeping as they profusely thank me for “all you’ve done” is one of the greatest forms of personal recognition I have experienced in my career. Clients stay up late to bake you cookies after the first day of trial, so you’ll have breakfast the next morning when you arrive in court; they take you to lunch each day of trial; they tell your supervising attorney how much he needs you, how truly amazing you are at your job and that he would really be in trouble if you didn’t work for him.

Then there is the adrenaline rush that comes with hearing your first million dollar jury verdict read into the record, as you watch the client’s reaction and feel satisfied for a job well done. It is very rewarding.

So, even on days when I’m tired and trial preparation (and life without the 4 F’s) is beginning to get the better of me, I take comfort in knowing that the job I am performing is for that client on that day. It is their one day in court; their ultimate outcome, and I am working to help change their life. What ​better job (or honor) could a person have? It is for these reasons that I have developed a true passion for trial work, with all of the inherent challenges and rewards that it presents to me, as a paralegal.

What challenges are unique to your position?

I struggle most with handling a heavy caseload. I am personally responsible for about 100 personal injury and wrongful death cases at any given time. Handling 100 cases from inception through settlement and/or trial presents a variety of challenges. I have to constantly reassess my deadlines, priorities, and workload to keep my cases moving forward. Drafting a demand letter or preparing a client’s discovery responses takes a significant amount of time. I will often work on a particular project for several days or even a week.

If we are preparing for a jury trial, I typically focus on that case for about a month. Obviously, focusing on one file for an extended period of time can create issues with time management and workload prioritization. Nevertheless, I enjoy the personal challenge of a heavy caseload. I enjoy working at a fast pace and helping my firm’s attorneys and our clients with their legal endeavors.

Can you provide any tips for others who would like to break into this area?

If someone wants to enter the personal injury realm, it is imperative to become familiar with medical terminology, general litigation deadlines, the Federal Rules of Civil Procedure, the Federal Rules of Evidence and the trial rules in their state.

New paralegals should begin to build a professional network, join The Paralegal Society and read other helpful paralegal blogs. They should create a LinkedIn profile, one that is professional in nature, and join some of LinkedIn’s online paralegal forums, being cognizant to remain professional in any discussions they may join.

Attending legal seminars pertaining to personal injury and wrongful death law to become more familiar with those areas is also beneficial. Would-be personal injury paralegals should attempt to secure an internship and/or on-the-job training (even in a lesser position, such as that of a receptionist, law clerk, file clerk, secretary or runner), if possible, in order to gain valuable law firm experience. It also never hurts to brush up on typing speed and legal terminology.

What are your paralegal-related activities and accomplishments?

I am a voting member of the Indiana Paralegal Association and a member of the National Federation of Paralegal Associations. I am the founder and owner of The Paralegal Society, a social forum created to educate, motivate and inspire paralegals.

I am also a professional writer. I write a litigation column for a well-known legal magazine and two popular paralegal blogs. In the past, I have written several articles for the Institute for Paralegal Education and will publish a few articles in the National Paralegal Reporter in the upcoming year. I love to write!

I currently work as a paralegal subject matter expert consultant for a leading educational institution. I am helping to overhaul portions of their paralegal program. I am also a panel member for the paralegal program at Marian University

The Skills and Qualifications of a Legal Secretary

The role of legal secretaries, also known as administrative assistants and legal assistants, has evolved in the past two decades. As technology continues to transform the law office, legal secretaries have transcended traditional roles of typing and answering phones to perform high-value activities once reserved for professional and managerial staff such as selecting vendors, managing client relationships and drafting legal documents.

However, despite the legal secretary’s practice environment, firm size or legal specialty, certain core responsibilities have remained the same. To succeed in today’s law office or corporate law department, legal secretaries must master the 10 skills below.  For more on success as a legal secretary or legal assistant, review these traits of a successful legal secretary.

01  Technology Skills

Many attorneys have neither the time nor expertise to operate law office technology. They rely on tech-savvy legal secretaries to perform a variety of computer-based tasks such as: creating spreadsheets, preparing presentations, entering time for billing purposes, creating and typing documents, maintaining calendars and tracking deadlines. 

Therefore, legal secretaries who are proficient in a variety of computer software applications will have the most career opportunities.  Some of the most common technologies that legal secretaries must master include:  

Word processing

Spreadsheet

Presentation

Document Management

Time & Billing

Calendar & Docketing

Transcription

Desktop Publishing

Videoconferencing

02  Interpersonal Skills

Legal secretaries interact daily with attorneys, paralegals, staff, clients, opposing counsel, judicial personnel, vendors and other third-parties.

Therefore, top-notch interpersonal and communication skills are essential.  In addition to face-to-face contact, secretaries communicate by e-mail, telephone, and video conferencing systems. 

03  Writing Skills

Think attorneys perform all the writing?  Think again. Legal secretaries are frequently responsible for drafting routine correspondence and file memos as well as proofreading legal documents such as pleadings, briefs, discovery and transactional documents.

Writing is an integral part of the legal secretary’s job; those who develop strong writing skills will become indispensable to the attorneys they assist.

04  Organizational Skills

Attorneys are notoriously disorganized.  Since legal secretaries are the attorney’s “right-hand man,” organizational skills are essential to efficiently manage a law practice or corporate legal department.

Legal secretaries must maintain paper and electronic files, manage projects, track multiple deadlines, maintain calendars, schedule meetings, organize events and keep everything orderly and accessible.

05  Transcription Skills

Transcription skills are foundational to secretarial practice.  In addition to a fast typing speed (employer requirements vary from 50 to 100 words per minute), keen listening skills are required to comprehend voice dictation files.

Strong grammar, spelling, vocabulary , and language skills are necessary as well an understanding of legal terminology. In addition, secretaries must be proficient in word processing applications and transcription equipment.

06  Attention to Detail

Attention to detail is critical in the legal profession. For example, typing $600,000 in a settlement offer instead of $60,000 could cost your firm a client.  Legal secretaries handle the minutiae of daily law practice and attention to detail is important in nearly every secretarial task from drafting and proofreading documents to scheduling meetings and calendaring deadlines.

07  Familiarity with Legal Documents and Terminology

What’s the difference between a secretary and a legal secretary?  Legal secretaries are familiar with all things legal. Terms like subpoena, pro se and voir dire don’t befuddle them. 

They understand the nuances of legal procedure and know how to create and format pleadings, discovery and transactional documents.

08  Teamwork

Teamwork is crucial to the role of legal secretaries in delivering legal services. In all practice settings – from large corporate legal department to solo practitioner – legal secretaries must team with attorneys, paralegals, secretaries, file clerks, vendors and others to deliver legal services effectively.  

The most efficient legal secretaries know how to get along with co-workers and collaborate with third parties to get the job done.

09  Multi-Tasking Skills

Most legal secretaries work for more than one person on more than one file.  Simultaneously performing multiple tasks is second-nature to a competent legal secretary. 

They know how to juggle multiple assignments and competing priorities and how to manage growing workloads in today’s busy law office where one person frequently performs the job of three.

10  Research skills

Legal secretaries perform Internet research for a multitude of tasks such as finding directions, gathering client information, researching the competition and locating expert witnesses.

Many legal secretaries, particularly those in small law offices, also perform ​paralegal duties, including legal research, cite checking and tracking down case law. Learning legal research platforms such as Westlaw or Lexis/Nexis can give you a competitive edge.

Freelance Paralegal

In Ontario, Canada, paralegals are licensed and regulated the same way that lawyers are in the United States. A paralegal license allows the paralegal to provide legal advice and services to members of the public in certain types of matters and appear before certain lower level courts and administrative tribunals. Ontario paralegals can operate independently, without the supervision of a lawyer, and some even carry professional malpractice insurance.

In the interview below, Elisheva Eisenberg, a licensed paralegal in Toronto, Ontario, shares his experiences as paralegal business owner. He operates Shevas Legal Services and has been a paralegal for one year. Eisenberg is licensed by the Law Society of Upper Canada and is a member of the Paralegal Society of Ontario, a member of ARCH Disability Law Centre and a member of Stanford Who's Who.

For more paralegal "day-in-the-life" interviews, see these paralegal stories or, for lawyer practice insights, review these lawyer stories.

What is your educational background?

I earned a diploma in paralegal communications from Everest College-Toronto Central Campus in June, 2010.

What does your paralegal business specialize in? How many paralegals work in your firm?

I am the owner and sole paralegal in my firm. I represent clients in ADR, small claims, landlord tenant, disability, human rights, labour relations and parking ticket disputes. I am a living ambassador for people with discriminated rights and specifically for people with disabilities.

What are your daily responsibilities as an independent, freelance paralegal?

My primary responsibilities are managing and growing my company. On a daily basis, I perform marketing, networking and business management in addition to paralegal work such as completing forms and paperwork, going to court, meeting clients and customer service.

What skills and abilities are necessary to succeed as freelance paralegal or paralegal business owner?

To operate as a freelance paralegal, you must be punctual, organized, motivated and possess great people skills. You must also have excellent command of the English language as well as excellent grammar and spelling skills. In addition, you must be able to operate legal and office technology such as computers programs, printers and fax, copy and scanning machines.

What do you like best about your job as a freelance paralegal?

I feel good when I help others. I particularly enjoy helping people in situations similar to my own over my lifetime.

What challenges do you face on a daily basis in operating your paralegal business?

My primary challenge as a freelance paralegal is not having enough time to get work done and family members not understanding that I'm at work when I'm at home working.

What hurdles have you overcome in establishing your independent paralegal business?

Understanding that I have the power to do things!

Are employment opportunities for independent or freelance paralegals growing?

Getting a job here in Ontario as a paralegal can be very difficult. The profession [independent paralegals] is growing by leaps and bounds but because it is still new not many people realize what paralegals can do. Many paralegals have come together to try to educate the public about the roles and abilities of independent paralegals.

Can you provide any tips for others who would like to launch their own paralegal business?

Start your practice and get out there!

Is there any particular training, work experience or certification that would give aspiring freelance paralegals an edge?

The more education you have, the more clients are attracted to you.

What are some of your favorite resources as an independent paralegal practitioner?

Ontario Civil Practice, Barron's Canadian Law Dictionary and legal seminars. Networking as much as possible and creating an informative website that talks to your client base is important to growing your paralegal business.

Do you have any tips you can share regarding establishing and building a paralegal business or operating as a freelance paralegal?

Don't go after the money, make your clients feel important for who they are. I don't talk from my mouth, I talk from my heart and what comes from the heart goes to the heart.

Can you share a fun fact about yourself?

My life's mission is to take every weakness and convert it to a strength. An example would be my epilepsy. I don't say I'm "disabled" but instead I tell people what the condition is and how they can help rather than hiding it.

For more on freelancing, see this guide to freelance work in the legal industry, and this list of freelance opportunities in the legal field.

Paralegal Practice: Personal Injury/Wrongful Death

Personal injury law is one of the legal industry’s most common practice areas and one in which paralegals play a vital role. Jamie Collins, a litigation paralegal for Yosha Cook Shartzer & Tisch in Indianapolis, Indiana, shares her experiences working in the areas of personal injury and wrongful death litigation.

How long have you been a paralegal? What is your educational background?

I have worked as a paralegal for over 14 years. I started in the legal field with no experience or legal education but earned my associate’s degree in paralegal studies from Ivy Tech Community College in 2003 while working part time at a law firm. I am currently working toward my bachelor’s degree in business management from Marian University. I work at Yosha Cook Shartzer & Tisch, a personal injury and wrongful death firm in Indianapolis, Indiana, founded by trial legend Louis “Buddy” Yosha. My firm consists of five attorneys, three paralegals and support staff.

What are your daily responsibilities?

My firm handles predominantly personal injury and wrongful death cases. I handle all of my assigned files from inception through settlement. In light of this all-encompassing structure, I perform a vast array of paralegal duties from the high level to the mundane. On a day-to-day basis, I do the work that needs to be done to move each file along the litigation pipeline toward settlement or trial.

On any given day, I interview potential clients; interact with clients, attorneys and court staff; draft letters and pleadings; review medical records; prepare medical chronologies; draft demand letters, witness and exhibit lists; prepare and compile discovery responses; open and organize files; and handle any other assignments that come my way. Litigation moves at a fairly rapid pace, so you have to work in an organized and efficient manner and adhere to processes in order to streamline your work.

(Personal Injury Paralegal Skills outlines in more detail the skills, knowledge, and abilities required to succeed in the personal injury field).

What do you enjoy most about personal injury law?

What I like most about working as a litigation paralegal in the personal injury realm is helping injury victims seek justice. I really get to know my firm’s clients well. I develop a rapport with them, so having the ability to assist them in their time of need is truly rewarding for me. I really enjoy helping people.

Another thing I enjoy about my position is trial work. I never had the opportunity to participate in trials until I came to this firm. Trial preparation is not an easy task; you spend weeks of your life preparing for trial and you often go without the “4 F’s” (food, family, friends and free time) for days, weeks and even weekends. However, the rewards are so personally and professionally gratifying, that it makes every moment you spend without the “4 F’s” absolutely worth it.

What does preparing for a personal injury trial entail?

You spend weeks working on one case, writing outlines, redacting medical records for social security numbers and insurance write-downs, copying and compiling exhibit binders and helping to prepare witnesses. You and your team then go to trial and every last ounce of effort, energy, skill and knowledge you have is left in that courtroom. You dedicate countless hours, days, weeks and weekends of your life to a cause - to a client - and it is exhilarating to stand in the courtroom and hear a jury verdict read aloud after you’ve given everything you have.

To witness a client cry tears of relief or joy and hug me while weeping as they profusely thank me for “all you’ve done” is one of the greatest forms of personal recognition I have experienced in my career. Clients stay up late to bake you cookies after the first day of trial, so you’ll have breakfast the next morning when you arrive in court; they take you to lunch each day of trial; they tell your supervising attorney how much he needs you, how truly amazing you are at your job and that he would really be in trouble if you didn’t work for him.

Then there is the adrenaline rush that comes with hearing your first million dollar jury verdict read into the record, as you watch the client’s reaction and feel satisfied for a job well done. It is very rewarding.

So, even on days when I’m tired and trial preparation (and life without the 4 F’s) is beginning to get the better of me, I take comfort in knowing that the job I am performing is for that client on that day. It is their one day in court; their ultimate outcome, and I am working to help change their life. What ​better job (or honor) could a person have? It is for these reasons that I have developed a true passion for trial work, with all of the inherent challenges and rewards that it presents to me, as a paralegal.

What challenges are unique to your position?

I struggle most with handling a heavy caseload. I am personally responsible for about 100 personal injury and wrongful death cases at any given time. Handling 100 cases from inception through settlement and/or trial presents a variety of challenges. I have to constantly reassess my deadlines, priorities, and workload to keep my cases moving forward. Drafting a demand letter or preparing a client’s discovery responses takes a significant amount of time. I will often work on a particular project for several days or even a week.

If we are preparing for a jury trial, I typically focus on that case for about a month. Obviously, focusing on one file for an extended period of time can create issues with time management and workload prioritization. Nevertheless, I enjoy the personal challenge of a heavy caseload. I enjoy working at a fast pace and helping my firm’s attorneys and our clients with their legal endeavors.

Can you provide any tips for others who would like to break into this area?

If someone wants to enter the personal injury realm, it is imperative to become familiar with medical terminology, general litigation deadlines, the Federal Rules of Civil Procedure, the Federal Rules of Evidence and the trial rules in their state.

New paralegals should begin to build a professional network, join The Paralegal Society and read other helpful paralegal blogs. They should create a LinkedIn profile, one that is professional in nature, and join some of LinkedIn’s online paralegal forums, being cognizant to remain professional in any discussions they may join.

Attending legal seminars pertaining to personal injury and wrongful death law to become more familiar with those areas is also beneficial. Would-be personal injury paralegals should attempt to secure an internship and/or on-the-job training (even in a lesser position, such as that of a receptionist, law clerk, file clerk, secretary or runner), if possible, in order to gain valuable law firm experience. It also never hurts to brush up on typing speed and legal terminology.

What are your paralegal-related activities and accomplishments?

I am a voting member of the Indiana Paralegal Association and a member of the National Federation of Paralegal Associations. I am the founder and owner of The Paralegal Society, a social forum created to educate, motivate and inspire paralegals.

I am also a professional writer. I write a litigation column for a well-known legal magazine and two popular paralegal blogs. In the past, I have written several articles for the Institute for Paralegal Education and will publish a few articles in the National Paralegal Reporter in the upcoming year. I love to write!

I currently work as a paralegal subject matter expert consultant for a leading educational institution. I am helping to overhaul portions of their paralegal program. I am also a panel member for the paralegal program at Marian University

Special Education Law

Special education law is a growing sub-specialty of education law that addresses the rights of children with disabilities within the context of the nation’s educational system. Six million children in the United States are disabled, according to the Disability Statistics Center, and that number is growing. As childhood disabilities increase, the field of special education law has expanded to address the educational needs of disabled children.

Legislation such as the Individuals with Disabilities Education Act (IDEA), the Family Education Rights and Privacy Act (FERPA), and No Child Left Behind (NCLB) compel states to provide a free and appropriate public education to ensure equal opportunities for all students. The IDEA provides the legal framework for a “free and appropriate public education” to students with disabilities. This federal statute, along with related state statutes and regulations, ensures that children with disabilities receive the same education as their non-disabled peers.

Individualized Education Programs (IEPs) - specialized educational programs tailored to the child’s needs - are often established to allow disabled children to receive a free and appropriate public education in the least restrictive environment possible.

Special Education Law – Job Duties

The work of the special education attorney spans the entire litigation spectrum from basic administrative proceedings to complex state and federal litigation. On the plaintiff side, special education attorneys and paralegals assist in meeting the educational needs of children and protecting their constitutional rights. Attorneys and paralegals often act as advocates, representing parents at due process hearings and IEP (Individual Education Plans) hearings, meeting with clients, and recommending local service providers, evaluators, and psychologists and other professionals.

They must have knowledge of the education options available and be familiar with IEP issues, disabilities, discipline issues and behavioral supports.

On the defense side, special education attorneys represent school districts, school boards, teachers, administrators, and other school employees to defend a variety of claims. Attorneys meet with teachers, union representatives, and school personnel; gather records; serve as a liaison between the district, counsel, clients and experts; draft contracts, policies and legal documents; and represent clients at due process hearings and at trial. Attorneys on the defense side of special education law may also appear at school board hearings or before legislative committees to petition for changes in school policy.

Why Special Education Law Is Growing

A national increase in childhood disabilities has fueled the growth of special education law. The Washington Post reports that one in every dozen United States children and teens – 5.2 million – has a physical or mental disability, reflecting a sharp growth in the nation’s disabled youth in the past decade. In particular, the number of children diagnosed with autism, asthma and learning disabilities has risen in recent years. Reasons for the increase in childhood disabilities include a broadened definition of “disability,” a rise in childhood obesity and advancements in medical care that save more babies with low birth weight, Down syndrome, and spinal cord injuries.

Breaking into Special Education Law

Volunteering for special education advocacy, pro bono and disability-related organizations can help you break into the area of special education law. Through such work, you can make contacts in the education law specialty, learn the unique terminology and procedural rules of special education law and gain valuable experience. A general knowledge of disabilities, as well as the legal and legislative framework of special education law, can also give you an employment advantage. A bachelor’s or master’s degree in education can be helpful but is not required.

Becoming a Criminal Lawyer

Criminal lawyers, also known as criminal defense lawyers and public defenders, defend individuals, organizations, and entities that have been charged with a crime. Criminal lawyers handle a diverse spectrum of criminal cases, ranging from domestic violence crimes, sex crimes, violent crimes and drug crimes to driving under the influence (DUI), theft, embezzlement, and fraud. This interview with a criminal defense attorney provides insight into one criminal lawyer's career path and daily practice.

Education and Experience

Like all lawyers, criminal lawyers must obtain a law degree and pass the bar examination in the state in which they intend to practice. Some criminal lawyers earn a board certification from the National Board of Legal Specialty Certification (NBLSC). The NBLSC is a non-profit organization accredited by the American Bar Association to provide board certification for attorneys and is an outgrowth of the National Board of Trial Advocacy.

Job Description

Criminal lawyers represent defendants facing criminal charges in state, federal and appellate courts. Their scope of practice includes bail bond hearings, plea bargains, trial, revocation hearings (parole or probation), appeals and post-conviction remedies. As part of the lawyer's job functions, a criminal lawyer will:

Investigate the case and interview witnesses

Research case law, statutes, crimes codes, and procedural law

Build a defense and develop a case strategy

Negotiate with the prosecution to plea bargain to lesser charges

Draft, file and argue motions such as motions to dismiss and motions to suppress

Advocate for the defendant at trial

Draft, file and argue appeals

Skills

Criminal lawyers must have excellent oral and written advocacy skills in order to argue a client's case before a judge and persuade a jury. Investigative and research skills are also important in building a client's case and establishing a strong defense. Criminal lawyers must also have strong creative thinking and analytical skills to develop a legal strategy, analyze case law and litigate complex cases.

Criminal lawyers must also have an in-depth understanding of state, federal and local rules, court procedures, evidentiary laws and local judges to navigate the criminal justice system efficiently and competently.

In addition, excellent interpersonal skills are necessary to build a strong client-attorney relationship. Criminal defendants are a finicky group who sometimes go through many lawyers before settling on one they like. Therefore, the ability to attract and retain clients is essential to a thriving criminal defense practice.

Practice Environment

Most criminal lawyers work in private practice or in a solo firm. Some work for non-profit agencies or for the government as public defenders. Criminal lawyers often work long, irregular hours. They frequently meet with clients outside their office at the courthouse, prisons, hospitals and other venues. Most criminal lawyers maintain a local practice. However, for criminal attorneys with a national practice, frequent travel is required.

Salaries

Criminal lawyer salaries vary, depending on the size and scope of the practice, the clientele the firm serves and the geographic location of the firm. Public defender and non-profit salaries are usually modest (the $30,000 to $50,000 range is common).

Criminal lawyers employed in law firms generally earn the highest salaries; experienced criminal attorneys can earn well into the six figures. The highest paid criminal lawyers are often those that represent high-profile, wealthy defendants in high-stakes cases.

Breaking into Criminal Law

Many criminal lawyers start their careers as prosecutors or public defenders. A public defender is an attorney appointed by the court to represent defendants who cannot afford a lawyer. Mock trial and moot court experience in law school are helpful as it allows the attorney to develop oral advocacy skills and gain trial experience in a simulated setting.

Job Outlook

Criminal law is a growing practice niche. As crime rates and criminal laws spiral upwards, the number of people sentenced to prison has risen nearly threefold over the past 30 years. Crime rates have increased and prison populations are exploding across the country. As new criminal laws are codified and more Americans are charged under state and federal laws, the need for criminal lawyers to defend the accused will also rise.

Pursuing a Career in Science and Law

Increased interest in biotechnology, the pervasiveness of biotechnology products in daily life, and escalating numbers of patent filings and intellectual property (IP) infringement cases, has caused a high demand for lawyers with scientific/ technology backgrounds. For anyone considering alternative careers in biotechnology, the marriage of these two disciplines in a course of study can almost guarantee employment after graduation. In a recent interview with the University of Guelph Alumni magazine "Portico", patent lawyer Maria Granovsky described her first employer in the legal field, law firm Sterne Kessler, Goldstein & Fox (Washington, DC), as "keen to have associates who could argue the fine points of science".

So keen, in fact, that they paid her tuition to attend law school.

Marriage of Law and Science

Job opportunities, for individuals with both legal and scientific backgrounds, include work as a technical specialist (science degree) or associate (both degrees), dealing in IP cases such as patent, copyright and trademark disputes. The cases might be opened on behalf of clients already holding rights to a product or copyright, that have reason to claim those rights have been infringed by another party. Other times, clients might require protection from a lawsuit filed by another party whose patent claim, they feel, is invalid.

Many complications in establishing IP ownership can arise nowadays because of the sheer volume of patent claims being made and difficulty on the part of both researchers and regulating bodies, in keeping track of the specifics of (and ensuring the uniqueness of) each invention.

An invention that has already been previously described in the literature, or something that has been on the market for years, cannot be patented, yet the filing party, or patent office, might not be aware of the pre-existing product. That's when the lawyers are called in; to examine the facts, decipher the legal jargon, establish precedence, and defend their cases in court. According to Granovsky, law firms are having a hard time finding individuals with a solid understanding of the technology behind many of these high-tech cases.

Committee on Science, Technology, and Law

The National Academy of Sciences has recognized the convergence of these two very different disciplines by forming a Committee on Science, Technology and Law, to explore, discuss, and establish policies on five major areas: Science in Litigation, Federal Information Policy/ Access to Research Data, Science and National Security, Intellectual Property Rights and Protection of Human Participants in Environmental Research.

According to the Academy, much of the problem with legal cases surrounding technology issues is the key difference between how these two traditional disciplines have evolved. The practice of Law is based on facts and finite findings in an effort to resolve issues that might not have definitive answers according to science. Science, traditionally, is a discipline of sharing information, and an "open-ended search for expanded understanding, whose 'truths' are always subject to revision".

Expanding commercialism and the need to recover biotechnology investments and research funding through profits, has lead to the invasion of the scientific domain by legal issues surrounding IP, access to research data and conflicts of interest. Although science may have done without lawyers in the past, there are now many important bioethics issues that must be dealt with in areas of environmental science, biotechnology, genetics and medical research.

Success in either discipline depends on an ability to go "fact-finding"; gathering information and processing it in an orderly fashion. Both require a high amount of logic and attention to detail. Therefore, strengths in one area are easily applied to the other. A combined Science/Law degree provides essential tools for many other career options such as consulting, corporate management and other areas of technology. It’s not all glamor and courtroom heroics, though. Like any job, much of the routine involves attending meetings, seeing clients, research, and reading, writing letters and reviewing contracts and other documents, but the job description is ideal for those interested in studying science but looking for a career outside the laboratory.