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Articles

This section of our Website is dedicated to news, views and essays provided to us by our membership. All members are encouraged to submit articles for review and future posting on our web site.

New Lawyers and their Transition into the Marketplace
by Thomas F. Liotti

Recently released census figures show that our nation's documented population has grown to an astounding 281,000,000 people. In a recent edition of the New York Law Journal, the population figures were broken down by County and ratios of lawyers to population revealed the competitive nature of the legal profession.

In Nassau County, for example, there is one lawyer for every 135 people. In Manhattan, there is one lawyer for every 26 people. While the statistics may be somewhat misleading since most lawyers have their niche and not all lawyers compete for the same clientele, there is nonetheless a competition for new business in this millennium that began to surge in the 1970s with the influx of baby boomer lawyers into the profession.

More law schools have been accredited in the past thirty years and each year the number of lawyers coming into the market place far exceeds those that are retiring or dying. We have not seen the peak as yet. In fact, the allure of corporate law salaries and bonuses compares favorably with the benefits available in the competitive high tech industry which had substantial economic setbacks in 2000 as did the stock market in general.

The New York State Bar Association's recently completed study of Public Trust and Confidence in the Legal Profession challenges all lawyers to boost the image of the profession. Yet for struggling new lawyers unable to find jobs, there are dangers in coming into the practice of law without ample training and experience. New lawyers who are desperate for income to pay off student loans or meet family obligations, are taking unprecedented risks by entering the practice of law without adequate practical training, resources and mentoring programs.



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The lawyers most in need of help from the remainder of the profession are the new lawyers and those at the bottom end of the profession who are opening their own offices and catering to lower middle class and a low income clientele. These new lawyers often accept low retainers in return for enormous responsibilities and with little or no staff to adequately service their clients. The result is a tragedy where ambitious, competent lawyers often find their high entrepreneurial expectations derailed with disciplinary and other problems caused by their inability to adequately serve and represent their clients. The result is that consumers are then hurt because the legal profession has allowed these conditions to occur.

There are currently pending two (2) lawsuits that are attempting to address the shortfall of income for attorneys who represent the poor in criminal cases. But the problem is much greater than what has been addressed thus far. Moreover, it effects both civil and criminal lawyers. The profession has thus far provided an inadequate response in terms of addressing these problems.

The profession must deal with these issues because they are growing in their complexity each day, damaging the profession as a whole and also hurting the very clientele that need the services of competent lawyers.

This is more than a discussion of the quality of legal services provided to the rich and poor. It is a problem that inserts into that equation the new lawyers who are entering an already glutted, competitive marketplace and what they are doing to survive and co-exist with their more established and experienced colleagues. The ultimate question is, what will the profession do to rescue these new lawyers aside from letting them flounder. Some attorneys may feel that instead of developing a rescue plan that we should allow these new lawyers to destroy themselves thus weeding out those who are unable to compete. The problem with this scenario is that innocent consumers will be severely hurt along the way and the profession's indifference to the problem will harm the image that lawyers are attempting to rekindle in the years since the profession was brought down in its stature by Watergate and its aftermath.

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