Need help deciding specialization Forum

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Girthoclopse

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Need help deciding specialization

Post by Girthoclopse » Mon Jun 20, 2016 6:46 pm

Hey everyone, thanks for reading this thread as I desperately need advice. I'm currently a 1L at a 4T law school, and my 1L grades put me at only just in the top 50% (which I know isn't great or even good). Initially, my goal was to teach, but I now realize that I can't because I don't have any Ivy League degree or the best grades in my class. I also realize that my second choice, working for big-law, is also highly improbable because of my grades. I now am trying to prepare myself for solo practice right out of law school. I apologize if this sounds audacious or, simply, incredibly stupid. I believe its the only choice I really have if I want to practice law, and, honestly, hanging my own shingle has always appealed to me. So my first question is, would someone with these credentials be hire-able for small firms (thus not forcing me to go solo right out of law school)?

My second question has to do with my specialization. Initially, I wanted to do PI. The area appealed to me because I was under the assumption that it was easy to find clients, even with referral services. But now I'm hearing that there are so many PI lawyers (especially in my state, Florida) that it is rather hard to find clients and that PI is essentially a gamble on payouts that, even if you win, you would have to wait years for to collect. PI also appealed to me because of its simplicity and low overhead. Money isn't really an issue for me regarding office expenses for a firm. I own and maintain several rental properties that make enough passive income for me to live somewhat comfortably. I'm telling you this because I want you to know that I don't expect a profit immediately and have another income stream that would enable me to stick it out where others would give up (or starve).

One other interest is in contract law. The way it was explained to me, K-law is easiest for getting clients (and the most lucrative), because all the money is in class actions. My friend gave me an example of a retailer who overcharged its customers on a specific item by charging for a tax they shouldn't have. It amounted to very little individually, but the company had sold almost 10,000. Which means that the lawyer conducting that class action lawsuit walks away with a lot of money for an incredibly easy case.

Lastly, I have a fledgling interest in patent law. Of these three interests, which seems more realistic for a person in my position? I realize its a lot to read, so I give you my thanks in advance for taking the time out of your day to give me advice.

P.S.

I apologize if this is the wrong forum

NotMyRealName09

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Re: Need help deciding specialization

Post by NotMyRealName09 » Wed Jun 22, 2016 4:59 pm

No one is a specialist in contract law, instead they do "commercial litigation" or something similar. Getting class action cases is not easy for the same reason you mentioned PI is hard to get into - there are a shit ton of cheap lawyers out there. You, a new lawyer, will not be landing and handling class action cases before you even know how to litigate a traffic ticket. A factor a court will look to in even deciding to certify a class action is the experience and reputation of the lawyer. The court could actually tell you that no, you won't be handling it, and will have to either partner with someone more qualified (and give them a cut), or else the court could just decline to certify the class based on failure to satisfy the adequacy of representation factor of the class action certification analysis. And while class action work can be lucrative, nothing that scale is "easy", and there are tons of costs that need to be paid in advance before you know you'll win. Not to mention, that person who was ripped of by being charged a three cent tax, how are you going to find them? How are they going to find you, then chose to hire you, as opposed to Partner B.J. Billingsworth, whose website lists the dozens of class action settlements google found when someone googled "class action attorney"?

Your enthusiasm and earnestness are adorable, so I'll be nice and say you need to get yourself some practical law firm / legal practice experience now while in law school, so you learn a little about the reality of legal practice as a business. Do an internship with a small firm or a local judge and see how the system operates. I don't think I would say any particular field of law is "easy", nor is it "easy" to land clients (or at least, clients you want who have good cases). You said a few times that you want "simplicity" or an "easy" field of law - easy means low value in law, and thus requires a huge volume of work to be profitable, typically. PI work isn't "easy", you'll have to first land, then juggle dozens or more cases at once just to break even, and high volume work is mind numbing typically. And wait until you have to decide whether your potential new client is a liar who is faking / exaggerating, and will screw you later on when the evidence bears that out and you lose.

You're still learning so that's fine, but for real, you need to get yourself into some internships and work / interact with real lawyers a bit. Don't ever tell anyone else you want to specialize in "contract law." That isn't a thing lawyers specialize in. People might specialize in litigation involving types of contracts (like landlord tenant, or vendor / suppliers, or employment, etc.), but they are first and foremost litigators. I think your assumptions about what is "easy" and profitable are not necessarily grounded in reality. Go work in a firm, become a little more jaded and realistic, and only then you should worry about specializing. Honestly, I'd be focused on getting yourself an entry level job in litigation in the near term, and once you have years of experience, you can specialize. I think, with respect, you're going to be disheartened to see that even getting ANY job will not be easy with the credentials you listed.

And as for you going solo out the gate - you'll probably commit malpractice because you won't know what they hell you are doing, and believe me you won't just figure it out as you go. I had stellar grades and landed a great job at a large regional firm, and still, for years I felt like I had no idea what I was doing. I still sort of don't, but I am much better at faking it, which helps. Good luck.

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