Types of Public Service Practice Settings

Public service practice takes place in legal services and law reform organizations, as well as in government agencies at all levels. It encompasses charities, educational and public international organizations, private public interest law firms and private law firms performing pro bono work. Outlined below are the different types of public service offices:

Public Interest Organizations

Public interest organizations are nonprofit organizations that specialize in the problems of particular groups or issues. The types of advocacy vary dramatically and depend not only on each organization's substantive focus but also on whether it emphasizes advocacy for individual clients. Client-oriented organizations are hands-on, privately run, nonprofit law offices that concentrate on representing clients within the office's area of specialization, while policy-oriented organizations use broader strategies to protect legal rights or to bring about social change in their particular practice areas.

Legal Services Offices

Legal services, also known as legal aid societies, are nonprofit community and neighborhood-based organizations that provide free or reduced-fee civil legal assistance to low-income persons. Most cases involve family, domestic violence, housing, health, government benefits, consumer or employment law. Legal services offices are located predominantly in large cities, with smaller branches in rural areas. Most have a general civil practice orientation, but some offer specific expertise in areas such as disability or elder law.

Public Defenders

Attorneys in these federal, state and locally funded offices serve as court-appointed counsel for indigent persons in criminal cases. If you are looking for trial experience, a public defender office is a good place to find it. Since public defender offices must accept cases referred to them by the courts regardless of their limited staff size, case loads are often heavy. Training varies depending on the office, but it is frequently gained through experience. New attorneys are expected to begin representing clients soon after being hired. Public defenders quickly assume responsibility for all phases of motion practice and legal research and writing, as well as strategizing, preparing and conducting trials and interviewing clients and witnesses.

Prosecuting Attorneys

Offices charged with the prosecution of criminal cases exist at both the local and state levels, in the form of district attorney offices and criminal divisions of state attorney general offices. At the federal level, prosecuting attorneys work both at the U.S. Department of Justice in Washington, D.C. and U.S. Attorneys' Offices throughout the country. See our Prosecution Guide, which will be available in the fall, for more information.

Other Government Offices

Tens of thousands of attorneys assume responsibility for diverse types of legal work through their employment at a wide range of federal, state and local departments and agencies.

Federal

The federal government employs thousands of attorneys. Most notably, the DOJ, which calls itself "the nation's litigator," has the entire federal government as its client. Most civil litigation for the Federal government and its agencies is done by DOJ attorneys in Washington, D.C. or by lawyers in the civil divisions of U.S. Attorney's Offices throughout the country. In addition to DOJ positions, most of the over fifty federal executive branch agencies also have lawyers on staff serving as in-house counsel or in various other capacities. Some other areas of the federal government that depend heavily on lawyers are the Environmental Protection Agency, the U.S. Department of Labor, the U.S. Department of Housing and Urban Development, the Securities and Exchange Commission, and the U.S. Department of Health and Human Services. Each branch of the military also has a Judge Advocate General's (JAG) Office that employs enlisted attorneys.

State

Every state has an Attorney General's (AG) Office, parallel to the DOJ on the federal level, charged with representing the state in litigation. These attorneys conduct complex civil litigation, both defensive and affirmative, in state and federal courts to further state government policies. In addition to state AGs, many state government agencies also have in-house counsel.

Local

Cities, municipalities, counties, school districts and boards of education all employ lawyers. Large urban centers often have city attorney or solicitor offices, which provide legal counsel to city officials and represent the city in litigation, like the Attorney General's Office on the state and federal levels. Municipalities may have corporation counsels who provide representation in litigation and legal advice on the day-to-day issues which arise in running the municipality, as well as drafting and negotiating legislation, public contracts and real estate agreements. Many large cities also have in-house counsel for individual city agencies, such as the local Civil Rights Commission or the city child welfare agency.

Lawyers hired for local positions are often required to have prior legal experience, as well as state bar admission. Some cities require residency in that city. Municipalities sometimes contract out all or part of their legal work to private public interest law firms specializing in public sector law.

Authorities

Throughout the United States, public authorities undertake a great deal of public work, from managing airports and redeveloping cities to funding industrial development and protecting the environment. Public authorities also work in such areas as transportation, water, sewage, urban planning and renewal, housing, ports and public works. Generally, these are state-created public corporations which operate independently from municipalities and counties and are run by publicly appointed boards of directors.

Such authorities usually employ attorneys both in their legal offices and in various upper level staff positions. Attorneys litigate important public issues, negotiate complex contracts and financing arrangements, meet with citizen groups, advise officials and oversee the management of a wide range of programs.

Elected Office

Law is the most common background for elected officials in the United States. Many young attorneys run for office and get elected to positions such as city counselor, state representative or school board member. Election to public office provides an excellent position from which to pursue public interest goals, by introducing legislation, voting and being a community advocate and organizer.

Political Campaigns

Political campaigns offer the opportunity to develop and refine a wide assortment of skills in an extremely fast-paced and flexible environment. Moreover, they provide a unique perspective of the electoral process and the cares and concerns of elected officials, and can often lead directly or indirectly to government employment down the road. Campaign work is certainly not for everyone: there is usually little formal mentoring, little structured feedback, little administrative support, and little free time – and given the finite nature of the campaign cycle, often little long-term stability.

Capitol Hill & State Legislatures

Many exciting opportunities for attorneys exist on Capitol Hill and in state legislatures, as legislative assistants on individual members' personal staffs and as staff attorneys for Senate and House committees. Attorneys in legislative staff positions are exposed to the legislative and political processes and have the opportunity to influence legislation of national significance. Attorneys may draft and research legislation, review and comment on proposed legislation, investigate matters pertinent to the legislator or committee and advise individual legislators.

Hiring on Capitol Hill is not centralized; each office and committee conducts its own hiring and sets its own salaries, employment conditions and job requirements. Previous relevant legal experience generally is required for permanent staff attorney positions. Most opportunities are discovered through networking and by being in the right place at the right time. Many legislative offices and committees have summer openings, externships and volunteer opportunities that can help you get a foot in the door. For more information, see OPIA's specialty guide, Careers on Capitol Hill, which will be available in the fall.

Courts

Judicial clerkships, as well as staff attorney positions, exist at both the state and federal levels. Many judges have also begun hiring first- and second-year law students as volunteer clerks to assist them with their work over the summer. HLS students should note, though, that summer funding does not cover judicial clerkships.

International Public Interest Work

International law is one of the fastest growing legal fields. The types of public service work and practice settings vary widely. The U.S. Government hires attorneys to work on international issues in many of its agencies, including the Department of State, the Department of Commerce and the Environmental Protection Agency, to name just a few. Hundreds of lawyers also work at the United Nations, the World Bank, the Organization of American States, international tribunals, the International Criminal Court and other intergovernmental organizations. Finally, there are thousands of non-governmental organizations throughout the world that focus on international issues, including but not limited to, development, human rights, the environment law, energy, trade, arms control, and transitional justice.

Labor Unions

Labor unions, representing both public and private sector employees, offer a significant number of public service lawyering opportunities. Almost all national and international unions have central legal departments that provide overall legal direction and advice for both the leadership and for local constituents.

Work in a union legal department can include advising officers in contract negotiations, strategizing on organizing campaigns, representing the union before the National Labor Relations Board (NLRB) and working with lobbyists and legislators to develop federal and state legislation.

Union-side labor law firms supplement the work of inside counsel at the national, international and local levels. Such firms also play a major role in local labor-management bargaining and engage in representation before the NLRB and various public sector arbitration bodies.

Lawyers representing unions have extended their practice areas beyond traditional labor law. For instance, these lawyers now practice in such fields as bankruptcy law, as many employers are forced into reorganization or liquidation and corporate law, as more employees become partial or full owners of their corporate employers through employee stock ownership plans, cooperatives or various other kinds of profit-sharing arrangements.

Foundations

Foundation philanthropy appeals to many law students and lawyers interested in building and maintaining public interest programs. The prospect of learning about, selecting, and supporting creative projects attracts those looking for an alternative to traditional legal work. Lawyers can play various roles at foundations.

Private Public Interest Law Firms

A small but growing number of private firms practice public interest law. Such firms work for under-represented groups or specialize in issue-oriented work, such as civil rights litigation, tenant advocacy or representing whistleblowers. Most of these firms have relatively small staffs and some charge fees on a sliding fee scale or maintain a traditional private practice in order to fund public service ventures. Full-time openings for these firms tend to be somewhat sporadic and very competitive; usually a few years of relevant experience in the public or private sector is required. Starting salaries in private public interest law firms generally range from $40,000 to $50,000, though some can be considerably higher.

Alternatives to Traditional Public Interest Lawyering

In addition to the wide variety of public interest practice settings discussed above, there are a multitude of public interest jobs that do not necessarily require a law degree but in which lawyering skills prove advantageous. More and more employers are hiring individuals with legal backgrounds and many lawyers who are disillusioned with traditional lawyering find satisfaction in these alternative career choices. If your interests and talents lie more in policy-making or program administration than in drafting legal documents, in resolving disputes through mediation or negotiation rather than through litigation or in combining your passion for journalism or counseling with your legal knowledge, an alternative to traditional lawyering may be appropriate for you.

Entrepreneurs

At a time when increasing numbers of public service employers lack funds to hire new attorneys, job creation offers a unique vehicle for law students seeking entry-level positions with government and public interest organizations.

Most public interest employers, eager for help, enthusiastically welcome additional staffers who bring funding with them. An increasing number of fellowships, such as those sponsored by the law firm Skadden, Arps, Slate, Meagher & Flom and Equal Justice Works, are available for students to work in public service jobs at sponsoring organizations.

In addition to pursuing fellowship programs, a student or lawyer can approach a nonprofit organization to see whether it would consider hiring him/her if s/he were able to locate funding for the position. One can then write his or her own grant proposal and work with the organization to obtain funding from outside sources.

Truly ambitious, creative, self-starting students and lawyers may consider forming their own nonprofit organizations. Entrepreneurial grants, such as those from the Echoing Green Foundation, can provide seed money. Several HLS alums have started successful nonprofits early in their careers.

Additional Information

Additional information about each of these types of public interest offices can be found through the materials listed in the Public Service Resources section in Chapter 11 of Serving the Public: A Job Search Guide, Vol. I – USA, particularly in those materials that focus on the differing types of legal practice. For a more personal view of these types of practice, consult the attorney narratives contained in the OPIA publication Alumni/ae in Action: Harvard Law School Graduates in Public Service Work or Outstanding Lawyers in Action (.pdf).

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