PSJD: Your Pathway to Public Service Legal Careers

1. Introduction and Survey Methodology

   In September 2010,^{1Footnote 1} NALP conducted^{2Footnote 2} a brief, national anonymous survey to assess the status of the current public interest legal employment market. The survey sought responses concerning: (1) recent law student and law graduate hiring, (2) hiring expectations for the immediate future, and (3) employer advice for job applicants competing in today’s market.

   Three hundred and eighty-two (382) public interest organizations across 43 states and the District of Columbia submitted survey responses.^{3Footnote 3} Of the survey respondents, roughly 22% were located in the Northeast, 15% in the Midwest, 38% in the South, and 24% in the West/Pacific.^{4Footnote 4} The survey respondents represent a wide variety of public interest law offices, including civil legal services (27.2%), federal government (8.6%), local prosecutors (6.0%), local public defenders (6.0%), local government (3.4%), nonprofit legal organizations (28.3%), state attorneys general (3.9%), state government (8.4%), and other organizations (8. 1%).^{5Footnote 5}

   The public interest employment market is large and amorphous. Respondents to this survey represent a relatively small cohort with respect to the vast number of employers.^{6Footnote 6} For instance, regional comparisons by employer organization type made throughout this report, while providing insight into hiring trends in those regions, are limited by the relatively small number of responses received from various organization types within a particular region. Nevertheless, this snapshot view of the public interest employment market is an important and useful initial step in developing a more data-driven understanding of the public interest hiring climate.

2. What are Employer Expectations for 2011 Summer Law Student Hiring?

   While the recession has decreased the already small number of paid public interest summer positions, the availability of unpaid summer positions remains relatively consistent with levels prior to the economic downturn.

   Paid Positions

   Of the 128 respondents that did offer paid summer positions before the recession, 57% have reduced the number of paid positions offered. Among those that have retained some paid summer positions during the recession, approximately 74% of respondents do not expect any further decreases in paid positions this upcoming summer from 2010 levels. Law students seeking summer employment with nonprofit organizations, state government offices, and local prosecutors will see the greatest possibility of an increase in the number of paid positions available in 2011.

   Summer 2011 Hiring Expectations as Compared to Summer 2010 Hiring (Paid Positions)

   Organization Type (N=Number)	More	Fewer	Same	Unknown
   Civil Legal Services (N=103)	2.9%	3.9%	77.7%	15.5%
   Federal Government (N=31)	0.0%	3.2%	80.6%	16.1%
   Public Defenders (N=23)	0.0%	0.0%	87.0%	13.0%
   Local Prosecutors (N=22)	4.5%	4.5%	63.6%	27.3%
   Nonprofit Legal Orgs (N=100)	7.0%	4.0%	69.0%	20.0%
   State Attorneys General (N=13)	0.0%	7.7%	76.9%	15.4%
   State Government (N=31)	6.5%	3.2%	77.4%	12.9%
   Local Government (N=12)	0.0%	8.3%	75.0%	16.7%

   Unpaid Positions

   The positive news for law students seeking to gain legal experience this summer is that 72.0% of respondents anticipate offering the same number of unpaid positions next summer and 11.5% expect to increase hiring levels for unpaid positions. Approximately 85% of civil legal services and federal government respondents expect to hire the same number of unpaid summer law clerks in 2011. Further, roughly 65% of respondents with public defender, local prosecutor, and nonprofit legal offices already plan to hire law students for the same number of unpaid positions next summer.

   Summer 2011 Hiring Expectations as Compared to Summer 2010 Hiring (Unpaid Positions)

   Organization Type (N=Number)	More	Fewer	Same	Unknown
   Civil Legal Services (N=103)	5.8%	3.9%	84.5%	5.8%
   Federal Government (N=31)	0.0%	0.0%	83.9%	16.1%
   Public Defenders (N=23)	0.0%	4.3%	65.2%	17.4%
   Local Prosecutors (N=22)	4.5%	0.0%	68.2%	27.3%
   Nonprofit Legal Orgs (N=100)	23.0%	4.0%	62.0%	11.0%
   State Attorneys General (N=13)	7.7%	0.0%	76.9%	15.4%
   State Government (N=31)	12.9%	3.2%	64.5%	19.4%
   Local Government (N=12)	8.3%	0.0%	66.7%	25.0%

   Moreover, students searching for practical legal experience with a nonprofit legal organization will have more possibilities than their summer 2010 counterparts across the country. As for regional unpaid summer hiring expectations:

   • Northeast: 25.0% of respondents with nonprofit legal organizations and 7.7% of those with civil legal services organizations anticipate an increase in the number of unpaid summer positions.

   • Midwest: 33.0% of respondents with nonprofit organizations expect growth in unpaid summer positions.

   • West/Pacific: 4.2% of respondents with nonprofit legal organizations and 15.6% of those with civil legal services organizations plan to increase unpaid summer positions.

   • South: 42.9% of respondents with public defenders, 21.9% of those with nonprofit legal organizations and 8.1% of those with civil legal services organizations forecast growth in the number of available unpaid summer positions.

   Before moving to data on hiring for post-graduate positions, it is noteworthy that law student interest in summer public interest employment experiences appears to be growing, perhaps driven in part by the decrease in law firm opportunities. Approximately 37% of survey respondents received more applications for summer 2010 law student positions than they received for the summer of 2009.^{7Footnote 7}

3. What are Employer Expectations for Hiring Class-of-2011 Graduates?

   The reported numbers of Class-of-2010 graduate hires were notably low across various public interest employer types, suggesting continued freezes and reductions in hiring of permanent staff. In particular, 73.7% of respondents with civil legal services organizations, 78.3% of those with public defender offices, and 87.6% of those with nonprofit legal organizations reported hiring zero Class-of-2010 graduates at the time of the survey. The most hiring activity appears to be among federal government and local prosecutor offices; however, even 56.7% and 60.0% of respondents from those employer types, respectively, reported zero Class-of-2010 hires.

   Class-of-2010 Hiring (Number of Attorneys Hired)

   Organization Type (N=Number)	None	1	2-4	5+
   Civil Legal Services (N=99)	73.7%	14.0%	9.1%	3.0%
   Federal Government (N=30)	56.7%	13.3%	16.7%	13.3%
   Public Defenders (N=23)	78.3%	4.3%	4.3%	13.1%
   Local Prosecutors (N=20)	60.0%	15.0%	5.0%	20.0%
   Nonprofit Legal Orgs (N=97)	87.6%	7.2%	4.1%	1.0%
   State Attorneys General (N=12)	75.0%	8.3%	16.7%	0.0%
   State Government (N=31)	69.0%	17.2%	6.9%	6.9%
   Local Government (N=12)	75.0%	8.3%	8.3%	8.3%

   At the time of the survey, 36.0% of respondents could not forecast their post-graduate hiring expectations for the upcoming year and roughly 54.2% expected hiring levels to remain the same as in 2010. There is some good news, however, on the horizon for Class-of-2011 graduates: 13.0% of respondents with public defenders, 9.7% of those with federal government agencies/offices, 9.5% of those with local prosecutors, and 8.3% of those with local government employers plan to hire more Class-of-2011 graduates than Class-of-2010 graduates.

   Class-of-2010 Hiring (Number of Attorneys Hired)

   Organization Type (N=Number)	More	Fewer	Same	Unknown
   Civil Legal Services (N=100)	4.0%	8.0%	53.0%	35.0%
   Federal Government (N=31)	9.7%	3.2%	45.2%	41.9%
   Public Defenders (N=23)	13.0%	4.3%	39.1%	43.5%
   Local Prosecutors (N=21)	9.5%	4.8%	52.4%	33.3%
   Nonprofit Legal Orgs (N=99)	2.0%	0.0%	67.7%	30.3%
   State Attorneys General (N=12)	0.0%	0.0%	50.0%	50.0%
   State Government (N=31)	3.2%	12.9%	51.6%	32.3%
   Local Government (N=12)	8.3%	0.0%	50.0%	41.7%

   As for regional Class-of-2011 graduate hiring expectations, as compared to actual Class-of-2010 hiring:

   • Northeast: 28.6% of respondents with public defenders and 7.1% of those with nonprofit legal organizations plan to hire more Class-of-2011 graduates.

   • Midwest: 12.5% of respondents with civil legal services organizations anticipate hiring more Class-of-2011 graduates.

   • West/Pacific: No survey respondent from the West/Pacific region expected an increase in graduate hiring in 2011. However, 50.0% of respondents in this region anticipate hiring levels to remain the same in 2011, and 46.6% have not yet reached conclusions about hiring for next year.

   • South: 5.4% of respondents with civil legal services organizations predict hiring increases for Class-of-2011 graduates.

4. What are Employer Expectations for Lateral Hiring and Layoffs in 2011?

   Lateral Hiring

   In addition to inquiring about law student and post-graduate hiring, the survey also asked for feedback regarding hiring for lateral (i.e., more experienced than entry-level) attorneys in 2010. Approximately 8.6% of respondents surveyed hired more than five lateral attorneys, 20.6% hired between two and four attorneys, and 21.1% hired for at least one lateral position. However, roughly 50% of respondents indicated hiring no new experienced attorneys during 2010.^{8Footnote 8}

   At the time of the survey, 38.5% of respondents predicted that hiring for lateral attorneys in 2011 would be about the same as hiring levels in 2010. Only 6.1% expected to hire more lateral attorneys during the upcoming year, and 20.1% of respondents believed they will hire fewer lateral attorneys in 2011. About one third (35.2% of respondents) is still assessing the market, legal needs, and turnover before making decisions about hiring in 2011.

   Similar to Class-of-2011 hiring expectations, respondents with public defender offices forecast one of the highest expectations for an increase in lateral hires next year. Interestingly, while only 2.0% of respondents with nonprofit legal organizations anticipate hiring more entry-level attorneys (i.e., Class-of-2011 graduates) a total of 10.1% surveyed expect to increase hiring levels for experienced attorneys.

   2011 Lateral Hiring Expectations (As Compared with Actual 2010 Lateral Hires)

   Organization Type (N=Number)	More	Fewer	Same	Unknown
   Civil Legal Services (N=100)	5.0%	23.0%	37.0%	35.0%
   Federal Government (N=31)	3.2%	19.4%	38.7%	38.7%
   Public Defenders (N=23)	8.7%	30.4%	30.4%	30.4%
   Local Prosecutors (N=21)	0.0%	14.3%	47.6%	38.1%
   Nonprofit Legal Orgs (N=99)	10.1%	18.2%	41.4%	30.3%
   State Attorneys General (N=12)	16.7%	33.3%	8.3%	41.7%
   State Government (N=31)	0.0%	16.1%	51.6%	32.3%
   Local Government (N=12)	8.3%	8.3%	33.3%	50.0%

   As for regional 2011 lateral attorney hiring expectations, as compared to actual 2010 hiring:

   • Northeast: 14.3% of respondents with nonprofit legal organizations and 4.0% of those with civil legal services organizations anticipate growth in lateral hiring.

   • Midwest: 25.0% of respondents with nonprofit legal organizations plan to hire more lateral attorneys.

   • West/Pacific: 8.7% of respondents with civil legal services organizations and 6.3% of those with nonprofit legal organizations expect an increase in lateral hiring.

   • South: 5.4% of respondents with civil legal services organizations, 5.0% of those with federal government offices, and 3.1% of those with nonprofit legal organizations plan to hire more lateral attorneys.

   Layoffs

   In the current economic climate, attorneys employed at many public interest legal organizations may still be in danger of losing employment due to budget shortfalls. Of those organizations surveyed, layoffs were most probable for attorneys working in civil legal services. Federal government positions appear to be the most insulated from the danger of layoffs.

   Probability of Attorney Layoffs (September 2010 - December 2011

   Organization Type (N=Number)	Likely	Possible	Unlikely	Unknown
   Civil Legal Services (N=100)	14.0%	24.0%	50.0%	11.0%
   Federal Government (N=31)	0.0%	0.0%	87.1%	12.9%
   Public Defenders (N=23)	4.3%	21.7%	39.1%	34.8%
   Local Prosecutors (N=21)	4.8%	14.3%	47.6%	33.3%
   Nonprofit Legal Orgs (N=99)	1.0%	10.1%	66.7%	22.2%
   State Attorneys General (N=12)	0.0%	25.0%	25.0%	50.0%
   State Government (N=31)	0.0%	25.8%	58.1%	16.1%
   Local Government (N=12)	0.0%	0.0%	66.7%	33.3%

   Respondents from federal government and local prosecutor offices reported no layoffs during the period from January 2009 through September 2010. During this same period, 78.6% of respondents with civil legal services, 78.3% of those with public defenders, and 80.4% of those with nonprofit legal organizations also reported no layoffs.

   Layoffs January 2009 - September 20210 (Number of Attorneys)

   Organization Type (N=Number)	None	1	2-4	5+
   Civil Legal Services (N=100)	78.6%	8.2%	8.2%	5.1%
   Federal Government (N=31)	100%	0.0%	0.0%	0.0%
   Public Defenders (N=23)	78.3%	4.3%	4.3%	13.0%
   Local Prosecutors (N=21)	100%	0.0%	0.0%	0.0%
   Nonprofit Legal Orgs (N=99)	80.4%	11.3%	8.2%	0.0%
   State Attorneys General (N=12)	83.3%	8.3%	0.0%	8.3%
   State Government (N=31)	96.8%	3.2%	0.0%	0.0%
   Local Government (N=12)	83.3%	8.3%	0.0%	8.3%

5. How Can Job Seekers Compete in the Current Job Market?

   The survey also asked public interest legal employers what kinds of experiences would make job applicants, particularly law students, the strongest candidates for employment.

   • Civil legal services providers look for a demonstrated passion for serving low income communities and for direct experience interacting and working with low income clients. This serves as a reminder of the importance of building cultural competencies for legal services attorneys. Without this awareness, it is difficult to develop trusting relationships with clients who may have limited educational background and be distrustful of service providers. Civil legal service providers also highly value bilingual ability in their attorneys, especially knowledge of Spanish or of an Asian language.

   • Federal government employers seek to hire individuals with a demonstrated

   • commitment to public service and practical legal experience gained through clinics, internships, and/or pro bono opportunities.

   • Public defenders desire candidates with clinical and/or pro bono experience working with incarcerated and low-income clients. According to one public defender, “previous experience in a PD’s office is always a plus for law students and a must for attorneys.”

   • Local prosecutors value trial experience, whether obtained through a clinical program, through a third-year practice rule experience, or in some other capacity.

   • Nonprofit legal organizations look for a demonstrated passion about the organization’s mission and a diverse skill set that may include community outreach and exposure to nonprofit fundraising.

6. Looking to the Future: Where Do Employers Forecast Future Job Growth?

   Beyond hiring statistics, the survey also asked public interest legal employers to weigh in on which practice areas within their larger field are likely to experience growth in the immediate future.

   • Civil legal services attorneys expect growth in bankruptcy, consumer, disability, domestic violence, education, elder, healthcare, housing, and public benefits law.

   • Federal government attorneys forecast growth in civil rights, consumer banking, employment, and immigration law.

   • Public defenders anticipate an increase in appellate practice, juvenile defense, and immigration law.

   • Local prosecutors expect increased caseloads involving cyber crime, elder abuse, and nonviolent crimes.

   • Attorneys at nonprofit legal organizations predicted growth in disability, education, environmental, healthcare, housing, and immigration law.

   The results were not surprising given that many of these areas, in particular those cited by civil legal services attorneys, experience an increased demand for services during difficult economic times. Further it appears reasonable to speculate that the aging of the Baby Boomers, coupled with the healthcare policy movement currently afoot, will mean more job openings for lawyers working on elder and healthcare issues.

7. Conclusion

   NALP conducted this snapshot survey to benefit law students and attorneys who are pursuing public interest career paths, as well as public interest employers. While employer response numbers were modest overall, the report provides timely insight into the public interest hiring market that will assist both public interest job seekers and employers. We look forward to expanding upon this initial effort in subsequent years.

   Please contact Steve Grumm, NALP’s Director of Public Service Initiatives, with questions or comments: [email protected].

Appendix