This House believes that a legal qualification is worth the cost

This House believes that a legal qualification is worth the cost

As the growth of the global economy has slowed in recent years, so too have young university graduates found their job prospects declining. For many, the inclination has been to return to where they were most comfortable, namely academia. The result has been an explosion in the number of applications to Masters programs, and in the United States and the United Kingdom in particular, applications to Law School.

But is a Law degree worth it? A JD degree from a private US school, or a GDL or accelerated LLB from a UK institution can easily run beyond $120,000 in costs (and up to £30,000 in the UK). While salaries in the legal sector are high, the legal field has not been immune to the recession itself. A number of critics have come out to argue that law degrees are not worth the cost; they have also accused Law Schools of deliberately advertising themselves as a gateway to a number of jobs which do not in fact require the degrees.

Open all points
Points-for

Points For

POINT

A law degree is first and foremost a requirement of being a lawyer. Anyone with any interest in working in the legal field, serving as a judge, or even working in a number of governmental and non-profit fields will quite simply need to attend law school at some point. If you are already a recipient of such a degree, it will increase the opportunities for advancement within your chosen career.

COUNTERPOINT

This argument is simultaneously both a truism, and beside the point. While it is true that someone will need a JD in order to become a lawyer, individuals pursuing those degrees need to understand that they are investing a huge sum of money for an opportunity to take a difficult series of examinations, which if you pass, allows you to apply for a job in the legal field.  These positions are becoming far harder to find, as each year the number of students graduating from law schools increases, while the number of available positions either shrink or remain static. One has to take account of the entire field and its condition before making a leap.

POINT

A JD is not simply a gateway to the legal world. Lawyers work as corporate executives, run movie studios, hold political office, and teach academically. Holding the degree will increase your qualifications, and make it far easier to move up the ladder in whatever field you chose to enter even if it is not a legal one.

COUNTERPOINT

Correlation is not causation. The fact that a number of individuals with JDs are working in fields unrelated to the law does not, in and of itself, imply that they gained those positions because of a JD. A JD may help, but it has to be factored against the opportunity cost of everything else you could be doing over three years with the tuition money.

 

A Harvard Law degree might impress the State Department – but spending a year and a half in South Sudan and writing a book on your experiences would impress them far more. A UCLA degree might impress a movie studio, but producing your own movie, or gaining work in the field as a production assistant would likely impress them even more.

 

The fact is that for every individual with a JD or GDL who occupies a senior position in a non-legal field, there are many more high achieving individuals in similar fields who do not have a JD, a BPTC or an MBAs.

POINT

Law school is a good way to spend your time and wait out the bad economy. By the time a law degree has run its course, the economy will have improved, and you will have a lot more options available, whether you still want to be a lawyer or not. Indeed, the UK based law school BPP has previously advertised its courses as a “recession proof investment”, arguing that returns, in terms of wages, on an individual’s course fees could potentially be greater than equities or risky financial instruments. 

COUNTERPOINT

Side proposition assumes that the European and American economies will eventually  improve to the point where the legal sector will begin to grow again. If it does not you may find just as hard to find a job as when you entered Law School.

 

Furthermore, there is a good chance that you will be in significant debt by the time you have completed your law degree, which will have a major impact on your ability to seek flexible employment within the legal field. It is quite possible that you may be forced to forgo politics or public interest law in favour of higher paying positions in less desirable fields. And if you decide to pursue options outside of the legal field, it is hard to see how there weren’t cheaper ways to spend three years, since going to Law School actively requires you to pay people to keep you unemployed.

Even if you have received scholarships or training contracts, your options may be limited by the conditions of those offers (mandatory public service, work for a specific firm) which will also inhibit your freedom.

POINT

Lawyers are often extremely high paid, and occupy a prestigious position in society. A law degree is key to entry to the top tier of society and high income earners.

COUNTERPOINT

Pay in most fields is, to some degree or other, correlated with the cost of entry into that profession or occupation. Because becoming a Lawyer requires up to seven years of education, it does tend to pay more than many other fields. But there are many lawyers who, despite working long hours, do not make vast amounts of money, and there are, furthermore, a dozen part-time associates for every globe-trotting partner at most major firms.

 

Furthermore, it is unclear how correlated success within Law School is with pay. The highest paid lawyer in America for most of the 1990s and early 2000s went to the University of Mississippi, rather than an Ivy League institution, while software developers and investment bankers regularly make more than lawyers without having to pay exorbitant tuition costs.

POINT

Law Schools teaches you to “think” more critically, and legal work offers the opportunity to engage in a largely intellectual pursuit with other highly intellectual individuals. Law students are likely to develop a wider range of intellectual skills throughout their careers, and will be better able to transition in to different jobs and different areas of the legal industry if needed. Moreover, the level of enjoyment that individuals derive from their jobs- and thus the nature of the hedonic calculus that they engage in when determining whether a particular job will fully account for their needs- is linked partly to the variety and difficulty of the tasks they must accomplish. Law represents a sustained and engaging intellectual challenge, and a challenge ideally suited to the skills of most humanities graduates.

COUNTERPOINT

 

You will rarely get the chance to interact with those intelligent individuals, either in Law School, where most of your time will be spent in the library, or at a Law Firm, where any discussions will detract from your ability to bill hours. The legal business model effectively incentivizes long-hours, with most of it going to research. You will rarely if ever see a courtroom, unless you work as a public defender and even there you will spend most of your time on research. 

Points-against

Points Against

POINT

A law degree is first and foremost a requirement of being a lawyer. Anyone with any interest in working in the legal field, serving as a judge, or even working in a number of governmental and non-profit fields will quite simply need to attend law school at some point. If you are already a recipient of such a degree, it will increase the opportunities for advancement within your chosen career.

COUNTERPOINT

This argument is simultaneously both a truism, and beside the point. While it is true that someone will need a JD in order to become a lawyer, individuals pursuing those degrees need to understand that they are investing a huge sum of money for an opportunity to take a difficult series of examinations, which if you pass, allows you to apply for a job in the legal field.  These positions are becoming far harder to find, as each year the number of students graduating from law schools increases, while the number of available positions either shrink or remain static. One has to take account of the entire field and its condition before making a leap.

POINT

A JD is not simply a gateway to the legal world. Lawyers work as corporate executives, run movie studios, hold political office, and teach academically. Holding the degree will increase your qualifications, and make it far easier to move up the ladder in whatever field you chose to enter even if it is not a legal one.

COUNTERPOINT

Correlation is not causation. The fact that a number of individuals with JDs are working in fields unrelated to the law does not, in and of itself, imply that they gained those positions because of a JD. A JD may help, but it has to be factored against the opportunity cost of everything else you could be doing over three years with the tuition money.

 

A Harvard Law degree might impress the State Department – but spending a year and a half in South Sudan and writing a book on your experiences would impress them far more. A UCLA degree might impress a movie studio, but producing your own movie, or gaining work in the field as a production assistant would likely impress them even more.

 

The fact is that for every individual with a JD or GDL who occupies a senior position in a non-legal field, there are many more high achieving individuals in similar fields who do not have a JD, a BPTC or an MBAs.

POINT

Law school is a good way to spend your time and wait out the bad economy. By the time a law degree has run its course, the economy will have improved, and you will have a lot more options available, whether you still want to be a lawyer or not. Indeed, the UK based law school BPP has previously advertised its courses as a “recession proof investment”, arguing that returns, in terms of wages, on an individual’s course fees could potentially be greater than equities or risky financial instruments. 

COUNTERPOINT

Side proposition assumes that the European and American economies will eventually  improve to the point where the legal sector will begin to grow again. If it does not you may find just as hard to find a job as when you entered Law School.

 

Furthermore, there is a good chance that you will be in significant debt by the time you have completed your law degree, which will have a major impact on your ability to seek flexible employment within the legal field. It is quite possible that you may be forced to forgo politics or public interest law in favour of higher paying positions in less desirable fields. And if you decide to pursue options outside of the legal field, it is hard to see how there weren’t cheaper ways to spend three years, since going to Law School actively requires you to pay people to keep you unemployed.

Even if you have received scholarships or training contracts, your options may be limited by the conditions of those offers (mandatory public service, work for a specific firm) which will also inhibit your freedom.

POINT

Lawyers are often extremely high paid, and occupy a prestigious position in society. A law degree is key to entry to the top tier of society and high income earners.

COUNTERPOINT

Pay in most fields is, to some degree or other, correlated with the cost of entry into that profession or occupation. Because becoming a Lawyer requires up to seven years of education, it does tend to pay more than many other fields. But there are many lawyers who, despite working long hours, do not make vast amounts of money, and there are, furthermore, a dozen part-time associates for every globe-trotting partner at most major firms.

 

Furthermore, it is unclear how correlated success within Law School is with pay. The highest paid lawyer in America for most of the 1990s and early 2000s went to the University of Mississippi, rather than an Ivy League institution, while software developers and investment bankers regularly make more than lawyers without having to pay exorbitant tuition costs.

POINT

Law Schools teaches you to “think” more critically, and legal work offers the opportunity to engage in a largely intellectual pursuit with other highly intellectual individuals. Law students are likely to develop a wider range of intellectual skills throughout their careers, and will be better able to transition in to different jobs and different areas of the legal industry if needed. Moreover, the level of enjoyment that individuals derive from their jobs- and thus the nature of the hedonic calculus that they engage in when determining whether a particular job will fully account for their needs- is linked partly to the variety and difficulty of the tasks they must accomplish. Law represents a sustained and engaging intellectual challenge, and a challenge ideally suited to the skills of most humanities graduates.

COUNTERPOINT

 

You will rarely get the chance to interact with those intelligent individuals, either in Law School, where most of your time will be spent in the library, or at a Law Firm, where any discussions will detract from your ability to bill hours. The legal business model effectively incentivizes long-hours, with most of it going to research. You will rarely if ever see a courtroom, unless you work as a public defender and even there you will spend most of your time on research. 

POINT

Individuals increasingly treat Law School as a second shot at their Undergraduate degree. Applicants who failed to get into Russell group or Ivy League institutions the first time around compete obsessively to achieve their dreams on “second chance” while many other applicants are suckered into the image of rich, successful, attractive lawyers presented by the media. Many universities in England, including Oxford, have begun to offer accelerated undergraduate law degrees, which are highly appealing to those seeking to improve on grades received in science or humanities oriented degrees.


The result is that a large number of students are not actually thinking about the role that law plays in their communities, or what they want to do with their life, when they apply.

 

The result is that supply and demand in the Law School sector is not driven by the actual demand for Lawyers but instead by the demand for law school places by applicants who may or may not be interested in actually being lawyers, and may or may not have any idea of what the job entails.

 

The explosion in the number of Law Schools in the last ten years, and the consequent growth in the number of law school graduates has not been accompanied by significant growth in the legal sector. A large portion of Law School graduates are therefore not only unable to find gainful employment within their chosen field, but prohibited by debt from finding opportunities elsewhere.

 

Graduate employment has now become a buyer’s market. Law firms are now able to dictate the conditions and pay for first year associates and NQs unchallenged. The demands placed upon young lawyers now range from back-breaking to soul crushing.

COUNTERPOINT

Applicants should of course carefully consider whether or not they actually wish to become lawyers, and afterwards should carefully consider where they wish to enrol. But it is absurd to claim that individuals cannot decide these things for themselves, and the fact is that many individuals do go to Law School with a clear idea of what they want to do, and subsequently enjoy a highly successful experience in the workplace.

 

In a lot of ways these criticisms are not unique to the legal field. In fact the same argument could be made for Universities, the number of which is driven by demand for a University education and not by the demand of employers for University graduates. Nonetheless, University graduates almost uniformly make more than non-graduates, and a large number of jobs require degrees. No one could conceivably argue that gaining a college education is either not worth it or a mistake.

 

In addition, many individuals who have graduated from less prestigious schools can benefit enormously from getting another degree from a more prominent institution. At the point at which the choice is between a Master’s degree in an unrelated field or a law degree, a law degree opens up far more opportunities for its recipients.

POINT

Legal Work is a dog-eats dog world. Law students are forced into a competition with each other for valuable internships, and then in turn face a brutal competition for summer associate positions.

 

Of every ten junior associates hired, one will be lucky to make partner at a major firm, and the rest will often be faced with a career dead-end at 35 or need to switch careers. For those who do make partner, the opportunities to enjoy the benefits will be limited by pressure to work even harder.

 

COUNTERPOINT

Law School, especially at the elite level is an opportunity to enter an environment where intellect is valued above all else. Whereas in school or university athletic ability or other talents sometimes trumped academics, in the legal world, academic and mental skills are all that matters.

 

It is therefore an opportunity to succeed or fail on one’s own merits, and to meet others who are equally interested in intellectual or academic pursuits.

POINT

Because of the supply and demand problems, the actual opportunities outside of the top ten law schools are quite limited.


This is not in fact  solely due to their actual quality. It is more a consequence of the fact that the legal job market is so bad, that Firms need to use a proxy for removing applicants from the pool without further consideration, and for many, schools work well.


US Supreme Court Justice Anthony Scalia had admitted to not hiring Clerks from outside of the top ten law schools, suggesting that he prefers to trust that the admissions offices at these schools did their job properly. He has maintained this policy despite admitting that it would have prevented the hiring of the best clerk he ever had, who had gone to Ohio State University Law School.

 

While the qualitative outcomes are massively different, the price differential between second and third tier law schools and their first year counterparts is next to non-existent. To the extent it exists at all, those schools on top tend to be able to offer more financial aid.

 

COUNTERPOINT

These arguments are less compelling if you have the opportunity to attend a top Law School, in which case the sky is the limit in terms of opportunities.


Furthermore, these harms are far from unique to the legal field – they apply to finance and consulting as well, where a good degree with open more doors than a less prestigious one. But individuals still regularly overcome it.


One way they do is by going to prominent local schools. In the United States, prestige matters most in New York and Boston. Outside of the East Coast, many firms prefer graduates who attended local schools since they are likely to be more familiar with the area and more likely to be able to move and find housing and a social network in the area. A UCLA degree will take you as far in Los Angeles as a Georgetown one.

 

POINT

Law School as a choice has to be weighed against its opportunity cost: what else could someone do with three years and $120,000? How might the long term benefits of this activity weigh up against the consequent benefits of time spent at law school?

 

This is an especially important consideration for those interested in careers outside of the legal profession. Spending some of that tuition subsidizing an internship on Capitol Hill or with a Think Tank or Lobbying firm would be far more likely to lead to later employment in politics than earning a JD and likely offer a politically interested potential law student a far more entertaining and enjoyable experience. Joining the Peace Corp or working for an international non-Profit would both impress the State Department more and be far cheaper than a law degree.

COUNTERPOINT

It is true that there are opportunities that could stand you in better stead down the road, but those listed by the opposition are both involve a gamble on the same odds as that entailed by a legal career.  For every 10 interns in a congressional office or for a lobbying firm, perhaps one gets a job offer. By contrast you will receive a Law Degree if you spend those three years on Law School.

 

Furthermore, financial aid can be provided for Law School whereas the jobs listed by the opposition would require a large initial investment.

Bibliography

 

Derek Roberti. "Should I Go To Law School as a Financial Investment?" Should I go to law school? Blog. May 23, 2010

Jennifer Fields. "Is Law School for You?" Virtually Advising. Nov. 19, 1999

Steve Seidenberg. "The View from the Hill: Working as a Congressional Staffer." Law Crossing.com

Denise Doty. "Is being a lawyer worth it?" Helium. January 23rd, 2008.

Steven Butler. "Is being a lawyer worth it?" Helium. January 30th, 2009

Proposition:

"Is law school a good investment?" Law Student blog. July 22nd, 2007

David Lat. "In defense of going to law school." Above the Law. July 13th, 2010

Michael Lee Hanks of Law Office of Michael L. Hanks. "In Defense of Lawyers." Find Law

Achwastyk. "Why I Love Law School…And you should too." PhiLAWdelphia. September 5, 2007

Sara Randazzo. "Big Firms on Campus—And Ready to Recruit." The AM Daily. August 16th, 2011

Vanessa O'Connell. "Cut the law firms, keep the lawyers." Wall Street Journal. August 12th, 2011

"In Defense of Law School--A Response to Lippe." Jurisdynamics. July 10th, 2009

David Lat. "In Defense of Going to Law School." Above the Law. July 13th, 2010

Linda Greene, Evjue-Bascom Professor of Law at the University of Wisconsin. "A priceless degree." New York Times Room for Debate. July 25th, 2011

Jamison Koehler. "On the True Value of a Law Degree." Koehler Law. January 16th, 2011

"The tough case for law school." In the driver's seat. May 25th, 2011

Susan Chen. "The Many Benefits Of Being A Lawyer." Ezine Article. November 22, 2006

Opposition:

"Should You Go to Law School? Not Unless You Want To Be a Lawyer." Wronging Rights. January 22, 2009

Dahlia Lithwick. "Letter to a Young Law Student. Don't go to law school: But if you must, take my advice." Slate. Aug. 15, 2002

Alex Williams. "No Longer Their Golden Ticket." New York Times. January 15th, 2010

"Law school: the big lie." The Calico Cat blog. August 29th, 2004

"Understanding the Negative Effects of Legal Education on Law Students: A Longitudinal Test of Self-Determination Theory." Kennon M. Sheldon, University of Missouri-Columbia. June 1, 2007

"Is Law School a Good Investment?" The Jobless Juris Doctor. November 19th, 2009

Herwig Schlunk. "Mamas Don't Let Your Babies Grow Up To Be...Lawyers." Social Science Research Network. October 30, 2009

Nisha. "Why I’m not going to law school." Bizzy Women. January 07 2009

"5 Myths about going to law school." Penelope Trunk's Brazen Careerist. May 16th, 2007

"Top Ten (10) Reasons Not To Go To Law School." Karemar. July 19th, 2007

David Segal. "Is Law School a Losing Game?" New York Times. January 8, 2011

Patrick Lee. "Law Grads Sue Over Tuition." Wall Street Journal. August 11th, 2011

Donald R. McClarey. "Message From the ABA: Uh, Maybe Going to Law School Isn’t Such a Great Idea." The American Catholic. January 5th, 2011

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