Patent Attorney
Significant Points
Competition for job openings should be keen because of the large number of students graduating from law school each year.
Formal requirements to become a lawyer generally include a 4-year college degree, 3 years of law school, and passing a written bar examination; however, some requirements may vary by State.
Competition for admission to most law schools is intense.
About 3 out of 4 lawyers practiced privately, either as partners in law firms or in solo practices.
Nature of the Work
The legal system affects nearly every aspect of our society, from buying a home to crossing the street. Lawyers form the backbone of this vital system, linking it to society in numerous ways. For that reason, they hold positions of great responsibility and are obligated to adhere to a strict code of ethics.
Lawyers, also called attorneys, act as both advocates and advisors in our society. As advocates, they represent one of the parties in criminal and civil trials by presenting evidence and arguing in court to support their client. As advisors, lawyers counsel their clients concerning their legal rights and obligations and suggest particular courses of action in business and personal matters. Whether acting as an advocate or an advisor, all attorneys research the intent of laws and judicial decisions and apply the law to the specific circumstances faced by their client.
The more detailed aspects of a lawyer’s job depend upon his or her field of specialization and position. Although all lawyers are licensed to represent parties in court, some appear in court more frequently than others. Trial lawyers, who specialize in trial work, must be able to think quickly and speak with ease and authority. In addition, familiarity with courtroom rules and strategy is particularly important in trial work. Still, trial lawyers spend the majority of their time outside the courtroom, conducting research, interviewing clients and witnesses, and handling other details in preparation for a trial.
Lawyers may specialize in a number of areas, such as bankruptcy, probate, international, or elder law. Those specializing in environmental law, for example, may represent interest groups, waste disposal companies, or construction firms in their dealings with the U.S. Environmental Protection Agency (EPA) and other Federal and State agencies. These lawyers help clients prepare and file for licenses and applications for approval before certain activities may occur. In addition, they represent clients’ interests in administrative adjudications.
Some lawyers specialize in the growing field of intellectual property, helping to protect clients’ claims to copyrights, artwork under contract, product designs, and computer programs. Still other lawyers advise insurance companies about the legality of insurance transactions, guiding the company in writing insurance policies to conform with the law and to protect the companies from unwarranted claims. When claims are filed against insurance companies, these attorneys review the claims and represent the companies in court.
Most lawyers are in private practice, concentrating on criminal or civil law. In criminal law, lawyers represent individuals who have been charged with crimes and argue their cases in courts of law. Attorneys dealing with civil law assist clients with litigation, wills, trusts, contracts, mortgages, titles, and leases. Other lawyers handle only public-interest cases—civil or criminal—which may have an impact extending well beyond the individual client.
Lawyers are sometimes employed full time by a single client. If the client is a corporation, the lawyer is known as “house counsel” and usually advises the company concerning legal issues related to its business activities. These issues might involve patents, government regulations, contracts with other companies, property interests, or collective bargaining agreements with unions.
A significant number of attorneys are employed at the various levels of government. Lawyers who work for State attorneys general, prosecutors, public defenders, and courts play a key role in the criminal justice system. At the Federal level, attorneys investigate cases for the U.S. Department of Justice and other agencies. Government lawyers also help develop programs, draft and interpret laws and legislation, establish enforcement procedures, and argue civil and criminal cases on behalf of the government.
Other lawyers work for legal aid societies—private, nonprofit organizations established to serve disadvantaged people. These lawyers generally handle civil, rather than criminal, cases. A relatively small number of trained attorneys work in law schools. Most are faculty members who specialize in one or more subjects; however, some serve as administrators. Others work full time in nonacademic settings and teach part time.
Lawyers are increasingly using various forms of technology to perform their varied tasks more efficiently. Although all lawyers continue to use law libraries to prepare cases, some supplement conventional printed sources with computer sources, such as the Internet and legal databases. Software is used to search this legal literature automatically and to identify legal texts relevant to a specific case. In litigation involving many supporting documents, lawyers may use computers to organize and index material. Lawyers also utilize electronic filing, videoconferencing, and voice-recognition technology to share information more effectively with other parties involved in a case.
Working Conditions
Management analysts usually divide their time between their offices and the client’s site. In either situation, much of an analyst’s time is spent indoors in clean, well-lit offices. Because they must spend a significant portion of their time with clients, analysts travel frequently.
Analysts and consultants generally work at least 40 hours a week. Uncompensated overtime is common, especially when project deadlines are approaching. Analysts may experience a great deal of stress as a result of trying to meet a client’s demands, often on a tight schedule.
Self-employed consultants can set their workload and hours and work at home. On the other hand, their livelihood depends on their ability to maintain and expand their client base. Salaried consultants also must impress potential clients to get and keep clients for their company.
Employment
Lawyers held about 735,000 jobs in 2004. Approximately 3 out of 4 lawyers practiced privately, either as partners in law firms or in solo practices. Most salaried lawyers held positions in government or with corporations or nonprofit organizations. The greatest number of lawyers working in government were employed at the local level. In the Federal Government, lawyers work for many different agencies, but are concentrated in the Departments of Justice, Treasury, and Defense. Many salaried lawyers working outside of government are employed as house counsel by public utilities, banks, insurance companies, real estate agencies, manufacturing firms, and other business firms and nonprofit organizations. Some also have part-time independent practices, while others work part time as lawyers and full time in another occupation.
Training
To practice law in the courts of any State or other jurisdiction, a person must be licensed, or admitted to its bar, under rules established by the jurisdiction’s highest court. All States require that applicants for admission to the bar pass a written bar examination; most States also require applicants to pass a separate written ethics examination. Lawyers who have been admitted to the bar in one State occasionally may be admitted to the bar in another without taking an examination if they meet the latter jurisdiction’s standards of good moral character and a specified period of legal experience. In most cases, however, lawyers must pass the bar examination in each State in which they plan to practice. Federal courts and agencies set their own qualifications for those practicing before or in them.
To qualify for the bar examination in most States, an applicant usually must earn a college degree and graduate from a law school accredited by the American Bar Association (ABA) or the proper State authorities. ABA accreditation signifies that the law school—particularly its library and faculty—meets certain standards developed to promote quality legal education. As of 2005, there were 191 ABA-accredited law schools; others were approved by State authorities only. With certain exceptions, graduates of schools not approved by the ABA are restricted to taking the bar examination and practicing in the State or other jurisdiction in which the school is located; most of these schools are in California. In 2005, seven States—California, Maine, New York, Vermont, Virginia, Washington, and Wyoming—accepted the study of law in a law office as qualification for taking the bar examination; three jurisdictions—California, the District of Columbia, and New Mexico—now accept the study of law by correspondence. Several States require registration and approval of students by the State Board of Law Examiners, either before the students enter law school or during their early years of legal study.
Although there is no nationwide bar examination, 48 States, the District of Columbia, Guam, the Northern Mariana Islands, Puerto Rico, and the Virgin Islands require the 6-hour Multistate Bar Examination (MBE) as part of the overall bar examination; the MBE is not required in Louisiana or Washington. The MBE covers a broad range of issues, and sometimes a locally prepared State bar examination is given in addition to it. The 3-hour Multistate Essay Examination (MEE) is used as part of the bar examination in several States. States vary in their use of MBE and MEE scores.
Many States also require Multistate Performance Testing (MPT) to test the practical skills of beginning lawyers. Requirements vary by State, although the test usually is taken at the same time as the bar exam and is a one-time requirement.
The required college and law school education usually takes 7 years of full-time study after high school—4 years of undergraduate study, followed by 3 years of law school. Law school applicants must have a bachelor’s degree to qualify for admission. To meet the needs of students who can attend only part time, a number of law schools have night or part-time divisions, which usually require 4 years of study; about 1 in 10 graduates from ABA-approved schools attended part time.
Although there is no recommended “prelaw” major, prospective lawyers should develop proficiency in writing and speaking, reading, researching, analyzing, and thinking logically—skills needed to succeed both in law school and in the profession. Regardless of major, a multidisciplinary background is recommended. Courses in English, foreign languages, public speaking, government, philosophy, history, economics, mathematics, and computer science, among others, are useful. Students interested in a particular aspect of law may find related courses helpful. For example, prospective patent lawyers need a strong background in engineering or science, and future tax lawyers must have extensive knowledge of accounting.
Other Qualifications
Advancement
Job Outlook
Employment of lawyers is expected to grow about as fast as average for all occupations through 2014, primarily as a result of growth in the population and in the general level of business activities. Job growth among lawyers also will result from increasing demand for legal services in such areas as health care, intellectual property, venture capital, energy, elder, antitrust, and environmental law. In addition, the wider availability and affordability of legal clinics should result in increased use of legal services by middle-income people. However, growth in demand for lawyers will be limited as businesses, in an effort to reduce costs, increasingly use large accounting firms and paralegals to perform some of the same functions that lawyers do. For example, accounting firms may provide employee-benefit counseling, process documents, or handle various other services previously performed by a law firm. Also, mediation and dispute resolution increasingly are being used as alternatives to litigation.
Competition for job openings should continue to be keen because of the large number of students graduating from law school each year. Graduates with superior academic records from highly regarded law schools will have the best job opportunities. Perhaps as a result of competition for attorney positions, lawyers are increasingly finding work in nontraditional areas for which legal training is an asset, but not normally a requirement—for example, administrative, managerial, and business positions in banks, insurance firms, real estate companies, government agencies, and other organizations. Employment opportunities are expected to continue to arise in these organizations at a growing rate.
As in the past, some graduates may have to accept positions in areas outside of their field of interest or for which they feel overqualified. Some recent law school graduates who have been unable to find permanent positions are turning to the growing number of temporary staffing firms that place attorneys in short-term jobs until they are able to secure full-time positions. This service allows companies to hire lawyers on an “as-needed” basis and permits beginning lawyers to develop practical skills while looking for permanent positions.
Because of the keen competition for jobs, a law graduate’s geographic mobility and work experience assume greater importance. The willingness to relocate may be an advantage in getting a job, but to be licensed in another State, a lawyer may have to take an additional State bar examination. In addition, employers are increasingly seeking graduates who have advanced law degrees and experience in a specialty, such as tax, patent, or admiralty law.
Employment growth for lawyers will continue to be concentrated in salaried jobs, as businesses and all levels of government employ a growing number of staff attorneys and as employment in the legal services industry grows. Most salaried positions are in urban areas where government agencies, law firms, and big corporations are concentrated. The number of self-employed lawyers is expected to decrease slowly, reflecting the difficulty of establishing a profitable new practice in the face of competition from larger, established law firms. Moreover, the growing complexity of law, which encourages specialization, along with the cost of maintaining up-to-date legal research materials, favors larger firms.
For lawyers who wish to work independently, establishing a new practice will probably be easiest in small towns and expanding suburban areas. In such communities, competition from larger, established law firms is likely to be less keen than in big cities, and new lawyers may find it easier to become known to potential clients.
Some lawyers are adversely affected by cyclical swings in the economy. During recessions, demand declines for some discretionary legal services, such as planning estates, drafting wills, and handling real estate transactions. Also, corporations are less likely to litigate cases when declining sales and profits result in budgetary restrictions. Some corporations and law firms will not hire new attorneys until business improves, and these establishments may even cut staff to contain costs. Several factors, however, mitigate the overall impact of recessions on lawyers; during recessions, for example, individuals and corporations face other legal problems, such as bankruptcies, foreclosures, and divorces requiring legal action.
Earnings
In May 2004, the median annual earnings of all lawyers were $94,930. The middle half of the occupation earned between $64,620 and $143,620. Median annual earnings in the industries employing the largest numbers of lawyers in May 2004 were as follows:
Management of companies and enterprises $126,250
Federal Government 108,090
Legal services 99,580
Local government 73,410
State government 70,280
Median salaries of lawyers 9 months after graduation from law school in 2004 varied by type of work, as indicated in Table 1.
Salaries of experienced attorneys vary widely according to the type, size, and location of their employer. Lawyers who own their own practices usually earn less than those who are partners in law firms. Lawyers starting their own practice may need to work part time in other occupations to supplement their income until their practice is well established.
Most salaried lawyers are provided health and life insurance, and contributions are made to retirement plans on their behalf. Lawyers who practice independently are covered only if they arrange and pay for such benefits themselves.
Related Occupations
Legal training is necessary in many other occupations, including paralegals and legal assistants; law clerks; title examiners, abstractors, and searchers; and judges, magistrates, and other judicial workers.
Sources of Additional Information
Information on law schools and a career in law may be obtained from the following organizations:
* American Bar Association, 321 North Clark St., Chicago, IL 60610. Internet:
http://www.abanet.org
* National Association for Law Placement, 1025 Connecticut Ave. NW., Suite 1110, Washington, DC 20036. Internet:
http://www.nalp.org
Information on the LSAT, the Law School Data Assembly Service, the law school application process, and financial aid available to law students may be obtained from:
* Law School Admission Council, P.O. Box 40, Newtown, PA 18940. Internet:
http://www.lsac.org
Information on obtaining positions as occupational health and safety specialists and technicians with the Federal Government is available from the Office of Personnel Management through USAJOBS, the Federal Government’s official employment information system. This resource for locating and applying for job opportunities can be accessed through the Internet at
http://www.usajobs.opm.gov or through an interactive voice response telephone system at (703) 724-1850 or TDD (978) 461-8404. These numbers are not tollfree, and charges may result.
The requirements for admission to the bar in a particular State or other jurisdiction also may be obtained at the State capital, from the clerk of the Supreme Court, or from the administrator of the State Board of Bar Examiners.
Source: Bureau of Labor Statistics, U.S. Department of Labor, Occupational Outlook Handbook, 2006-07 Edition, Lawyers, on the Internet at
http://www.bls.gov/oco/ocos053.htm (visited July 24, 2006)
）俺还是倾向去美国读LLM，尽快考个bar再说。现在正准备美国签证。