This post by Susan Cartier Leibel (who will be hosting Blawg Review tomorrow!) at Build a Solo Practice has been staring at me for a few days, challenging me to write something. It’s about a fellow named David Wold who went to DePaul University law school and ended up miserable and deeply in debt. He decided that he would sell his law school diploma on eBay as a means of openly announcing his disenchantment.
Why am I selling this great item? Because it has been nothing but a curse and aggravation in my life. Going to school for this degree has been a joke, and has only brought me stress and misery. This degree has been a great invitation to work at least 60 hours a week at a place where I don’t want to be for people that I don’t care about. It has helped me develop great relationships with bill collectors as I can’t afford the cost this great privilege has afforded me. It has limited my ability to pursue other work options as people just can’t understand why someone with a law degree wouldn’t want to be a lawyer. Believe it or not, the extensive job dissatisfaction amongst lawyers, high suicide rates, and failed personal relationships that lawyers have isn’t enough to convince others that it’s not a healthy, worthy pursuit. And of course even if I would be happier as a bartender, I couldn’t afford to pay back the loans needed to earn this degree. Though that’s true of many that I graduated with. Individuals that wanted to practice law for the benefit of the poor or impoverished or those who can’t afford legal counsel are having a hard time too because they aren’t paid enough. But that’s justice.
The reactions to this were varied; some called him a self-defeating whiner, while others called him greedy because the auction price was $100,000 (as if someone was really going to pay that). While the latter characterization is silly, the former is more disturbing. He’s hardly wrong about his personal life choice because you disagree, and the protest itself shines some light on the compulsive defensiveness of the profession.
Susan was sympathetic to this fellow, as am I though for different reasons. Susan felt that his anguish might be different if he was taught in law school how to strike out on his own in solo practice. Perhaps, but I doubt that’s his real problem.
There is quite a bit of truth to what David Wold experienced, and the fact that he chose eBay as the venue to protest is fascinating. It’s one of the most visited sites around, and touches a broad spectrum of people. More importantly, I thought it was an effective way to make his point, auctioning off his diploma.
But the most important thing about this protest was the lesson it carries for inchoate lawyers who may have little clue what they are getting into. Too many extol the virtues of being a lawyer, while too many are deeply disappointed with this career choice and find themselves stuck with a profession that they despise and that fails to keep the promise of a decent social and economic life.
Many find being a lawyer decidedly unfulfilling, so what’s wrong with telling people that up front? Is it that we’re lawyers, so we have some duty of loyalty to project the image of happiness and virtue? Frankly, there are very few lawyers I’ve met in 25 years who don’t question their decision to become a lawyer. Even the Biglaw ones, who have all the trappings of success and none of the pleasure of a good life. And the solos, who wonder every day whether the phone will ring again. And the ones who believe in helping others, who watch innocent people go to jail and guilty people rat out their mothers, and wonder why they are a part of this system of pain and unfairness.
Who doesn’t think about what his or her life would be like if he or she had made a different choice?
There are lawyers who love what they do, make excellent incomes and feel that there was no better choice for them than the law. I don’t mean to suggest that all lawyers are miserable, and I’m sure that some who read this will say to themselves, “that’s ridiculous. I LOVE being a lawyer.” That’s wonderful, but your personal happiness doesn’t mean that everyone else must share your feelings. To deny that many are unhappy is just silly. The profession has its issues with job and lifestyle dissatisfaction, and these issues are huge.
My sense is that many young people who go to law school have little idea what they are in for. They don’t really appreciate what lawyers “do”, limited to some vague sense from television or movies, or perhaps envisioning the prestige of the lawyer on some news magazine. They want to be a “professional”, whatever that means to them, with the implicit promise of wealth, security and respect. They hear the many and varied platitudes of the glory of the law, and want to be a part of a system that exists to protect these virtues of fairness and integrity, to help the downtrodden achieve justice.
My introduction to the “problems” of the law came as a law clerk while going to law school. I worked for an old-time criminal lawyer, who treated me like a son in many ways. He had achieved a fair degree of financial success and had a pretty decent practice, good enough to need me as a law clerk. But he was nearing 70 years old when I started, and he was tired. Even at 70, he was never sure if tomorrow would bring a new case and thus revenue. He wondered aloud he really helped or hurt society, or meant anything at all. He loved his children dearly, and regretted horribly having missed so much of their lives while fighting everyday to earn enough money to satisfy his wife’s need for prestige. This was not the profession that my mother told me about.
Like many, it was too late for me to turn back. I was committed to becoming a lawyer, and I was no quitter. Besides, it would be different for me. I learned a few things from my mentor, the most important of which is that when not on trial, I leave my office at 5 and go home to dinner with my family every day. But much of what I learned as a law clerk couldn’t be changed. It was the life of a criminal defense lawyer. It was the life I unwittingly chose. It is hardly a perfect life.
Three years and one hundred thousand dollars later, David Wold learned that the law provided him none of these. He’s not alone. Every young man and woman who thinks they want to go to law school should read what David Wold had to say. Some will eschew it. Some will embrace it. Some will think twice about going to law school. And they should.
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I read Susan’s post a few minutes ago, what a coincidence, with compassion.
I recollect my good friend Morree Horowitz describing the problem this way, last year sometime: “We each have to figure it out for ourselves.” Something had me very frightened and I said something, what, I do not recall.
Great post. I did an informal poll at the public defenders office, asking how many would trade their JD for the debts they acquired along the way. Most said they would but few law school applicants know this. Perhaps this view will change over time (these were fairly young attorneys being polled) but there are a lot of people who wish they could turn back but can’t.
I am generally very compassionate, but I don’t feel an ounce for this guy. You know, sometimes you just have to make the best of your situation and move on. No job is perfect, but almost every situation offers the opportunity for improvement. If this guy really wanted to salvage his career in the law, I believe that he could have found a way. If he wasn’t willing to find a way to find satisfaction unless it was handed to him, he is better off selling his degree and leaving. I get so many emails from people who are excited and hopeful about starting a law firm. I’d rather spend my effort helping them than feeling sorry for people like this.
Are the two mutually exclusive? Do you think women should remain in a marriage where their husbands cheat on them, lie to them and physically abuse them, just to “make the best of your situation.” I’m surprised by your intolerance on this one. Just because some are enthralled doesn’t mean that those who aren’t are evil, lazy whiners. There is a lot of dissatisfaction amongst lawyers, even successful ones.
Mr. Greenfield,
I think you are right to observe in David Wold puerile diatribe more than a scintilla of truth about the state of the legal profession, the perennial difficulties of expectations matching with reality, and certain limitations in what we largely call “legal education.” At the same time, there is no ignoring the fact that Mr. Wold’s expression of disappointment, nay, disenchantment, with the law and, apparently, his life choices, was presented in a manner that is both childish and unconstructive. His “protest” was poorly articulated, and more unfortunate than that, it delivered a decidedly false impression of what the practice of law is for a majority of individuals out there. I agree with you that there is a knee-jerk reaction amongst some in the profession to defend it at all costs, to project a seemingly false image of virtue and happiness, and to decry anyone who would dare speak an ill word against it. At the same time, I suspect that amongst these public defenders of the legal profession, and amongst the many more who practice without speaking out, there is an honest retention of respect for what lawyers do. It is, I hope, bound to an abiding respect for the rule of law itself and, from there, our maintenance of it through our political system. Like every human construct, it isn’t perfect; there are many errors, some more foreseeable and correctable than others. There is pettiness and deceit, lies and slander, and, more discouraging yet, an entire culture of disdain surrounding lawyers which never seems to get beyond the level of a caricature. I fear that Mr. Wold has done nothing by his stunt other than to contribute to that dubious image.
As for individuals not knowing what they are in for, whether it be law school, loans, finding a “rewarding” job, etc., at some point personal responsibility has to take hold. If we expect people to exercise substantial control over the protection and/or fate of other people’s property, freedom, and lives, then we should expect that those who do so to have enough sense to survey the terrain before landing. Nobody is forced to go to law school, just as nobody is forced to practice law once they have completed it. Some might argue that there is the reality of massive debt, but in the final analysis that’s a non-argument. Massive debt (or any debt) is the brutum factum of education in the United States. Right or wrong, nobody is duped; everyone knows the price of their education upfront and they know full well what the “deal” is when they apply and receive their education loans (public and private). As for employment after law school, like any sector it is fraught with dissatisfaction and difficulties.
[To Be Continued]
[Continued]
The law school graduate no less than the would-be garbage collector has to compete for positions, some more profitable, glamorous, and/or personally satisfying than others. At no point in human history has there been such abundant statistics on employment rates, average salaries, “hot” and “cold” sectors of a given profession, etc. None of this information is hard to come by and none if it is the sort which someone who considers themselves to “lawyer material” should be incapable of finding. Mr. Wold’s failure in this respect is unfortunate, both for him personally and for the image of the profession.
On a final note, I share one point in common with Mr. Wold: A DePaul College of Law degree. I suspect that I also share some of his disillusionment with what law school has to offer, though frankly it is not exclusive to DePaul nor to the field of legal education itself. There are shortcomings everywhere. Nobody who has paid attention to the state of higher education in the United States over the last five decades can say honestly that it is a perfect or, in some instances, desirable system. There are many flaws which people of diverse interests and political angles can and often do agree upon. It is always edifying to see individuals—both professors and students—going the extra mile to make improvements, to see new programs put into place, and to refine what “legal education” currently means in order to give students not simply the best means to a high-paying job, but a fundamental understanding of what it means to be a lawyer in the noblest sense. I have witnessed such efforts at DePaul and, I believe, if Mr. Wold took a few careful moments to reflect, he’d remember a few himself. But, to be clear, careful reflection and presentation were not Mr. Wold’s aim. His stunt—and that’s all it is—demonstrates nothing approaching clear thinking, objectivity, or substantial analysis. On the basis of it and it alone, a stronger argument could be made for the failure of law schools—and DePaul in particular—to successfully “weed out” those who are substantially incapable of being good lawyers than any lack on its part to train them properly.
Got a bit to say there, Gabe? Great. This is the place to do it.
I think you are correct that this was a stunt, but that’s what Wold meant it to be. While few would follow suit, there are many who would see merit in some of his points. The first step in addressing problems in the profession is to acknowledge that they exist. Perhaps Mr. Wold was simply never cut out to be a lawyer, and DePaul did him no favor by giving him a degree. Or perhaps Mr. Wold is a lot like others, except his frustration tolerance ran out and he had the balls to go public. Yes, it was infantile. But it gave rise to discussion, and in that respect was quite effective.
While this may not be your experience, I hear quite a bit from law students and recent grads who share Wold’s views. Nobody told them that they wouldn’t be able to get a job coming out of second or third or (God forbid) worse law school that would pay enough to both live and pay off the law school debt. While Wold has given up and gone public, they suffer in quiet desparation. I really didn’t appreciate how dire things were until I started this blawg and began to hear from people about this.
I don’t know anything about your circumstances, Gabriel, but be careful about being so dogmatic about the law. We all pray that when we go to court today, we can perform a noble function. And once in a while, it actually happens. But we need Wold to remind us of the problems that we often shrug off, and the people who suffer those problems even when some of us have managed to get past them. There are far more Wolds than you would think, though most will suffer their entire careers in silence.
Scott,
I am hardly “dogmatic” about the law. Its imperfections, both in content and practice, become increasingly clear day by day. They were clear enough to me by the time I made it past my first year–so clear, in fact, that I had to make a choice whether to stay or go. But none of it was entirely new to me; I did my homework and, as I mentioned above, it’s nothing one shouldn’t expect out of everyone who aspires to be a lawyer or, at least, attend law school. I have a limited amount of sympathy for people who get “hit upside the head” with reality for the simple fact that it is not a hidden reality. Popular culture–that most unfortunate source for so many people’s perceptions–is overloaded with unflattering images of lawyers, judges, politicians, etc. One might even argue that we live in a time that is so over-the-top in its cynicism that one must be either a fool or true believer to get into law. Which one was David Wold?
I agree that law schools should be more picky about who they admit, that the standards should be not so much “raised” (i.e., simply “upping” the quantifiable reqirements) as altered to find candidates who can endure the inevitable hardships while making a real contribution to the profession. Right now, there are a good many lower tiered schools who actively overadmit students during the first year before engaging in a militant weeding-out process. The result? A large collection of students with significant 1L debt and no degree. Is that a better avenue than a larger influx of (potentially unqualified) graduates with substantial debt? I wonder…
On a final note, I had the opportunity a few months ago to speak with some law students from Iraq about why they literally have chosen to risk their lives to pursue a legal education and career. Their responses were as inspiring as they were alien to the sort of sentiments which run wide amongst many students I graduated with and, sadly, people out there in the profession. They couldn’t understand that in the U.S. people went to law school because they had “nothing better to do,” or “the economy sucks,” etc. They didn’t understand why people would complain so, especially when nobody was forcing them to do anything else and, presumably, if they could pursue law school they could at least have pursued a few other vocational options. To be honest, I am glad they never pressed me too hard on any of those points. Heaven forbid someone should learn the ignoble truth that maybe people make poor choices they aren’t strong enough to live with.
Blawg Review #142 by Susan Cartier Liebel, Esq.
Blawg Review Posted by Susan Cartier Liebel, Esq. (This Blawg Review is designed as a Letter to New Lawyer. I’ve incorporated the interesting names of many legal blogs as part of the narrative but you will have no clue what the topic of each blog post is until you click on the link. Hopefully you will have fun discovering each blog post. I’ve included some of the well-known and prolific usual suspects and am introducing you to …
Blawg Review #142 by Susan Cartier Liebel, Esq.
Blawg Review Posted by Susan Cartier Liebel, Esq. (This Blawg Review is designed as a Letter to New Lawyer. I’ve incorporated the interesting names of many legal blogs as part of the narrative but you will have no clue what the topic of each blog post is until you click on the link. Hopefully you will have fun discovering each blog post. I’ve included some of the well-known and prolific usual suspects and am introducing you to …
Blawg Review #142 by Susan Cartier Liebel, Esq.
Dear New Lawyer,
Let’s face it.
Too Many Lawyers, So We Blame The Victim
Susan Cartier Leibel, at Build a Solo Practice, asks whether Kirsten Wolf is
the norm.
Too Many Lawyers, So We Blame The Victim
Susan Cartier Leibel, at Build a Solo Practice, asks whether Kirsten Wolf is
the norm.