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Building a Better Legal Profession

9/30/2009 8:13:10 PM EST

Earning a Living in Public Interest in an Uncertain Economy

By Allison Pedrazzi Helfrich

Posted by BBLP

Traditionally, law students at the top schools have had to face the dilemma of deciding whether to follow the big money to the big firms or follow their hearts to a public interest organization. The recent financial crisis, however, has shaken things up a bit. A job at a firm doesn’t seem quite as guaranteed, but the idea of a large income is even more tantalizing. I’m sure many assume the public interest market will be even harder hit by the recession. Should law students give up on public interest until better times? Susan Feathers, Executive Director of Stanford’s Levin Public Interest Center, doesn’t necessarily think so.

Susan was clear that the full impact of the recent financial crisis is yet to be seen, not only for public interest work but also for the nation as a whole. That being said, many public interest lawyers work for nonprofit organizations, and any reasonable executive director of a nonprofit should be worried about guaranteeing his or her funding for the coming months and years. Most organizations are looking to diversify their funding streams. Some private donors might be less willing or able to give, but high-dollar donors are likely to be unaffected (at least at this point), and having a fundraising strategy that includes revenue from many different sources is the sign of a healthy and well-managed nonprofit, regardless of the economy.

So as long as organizations lock in their funding, public interest lawyers will be fine, right? We’ll continue to have jobs and be able to support ourselves and serve the causes we believe in, right? Yes and no. The public interest profession faced similar economic hardships in the 1980s, and it did cause some changes. Some were positive (at least for law students), such as greater utilization of student interns and externs and a willingness to expand the number of entry-level positions. As nonprofits struggle to find funding, they may revert to hiring more staff lawyers on one-year, post-graduate fellowships. These positions don’t pay as much as permanent jobs, allowing organizations to stretch already-thin resources a bit further. Of course, no one wants to be paid less, and this probably won’t be seen as a good thing if the financial crisis continues, but it can be good for young lawyers wanting to get their foot in the door. Assuming the economy recovers, new lawyers will be able to establish themselves at the organizations that most interest them.

A poor economy can also foster collaboration between agencies, leading to better relationships after the economy recovers. Public interest organizations are likely to rely more on big law attorneys doing pro bono work, as well, which can lead to enhanced pro bono programs being created that help bridge the gap between private and public interest work.

A student looking to start a career in public interest should bear two things in mind while fielding offers and sending applications. First off, while lawyers generally don’t get involved with an organization’s fundraising, development skills and a willingness to work with the development team could be a competitive edge in today’s market. Many organizations will probably start to view fundraising as a job for everyone, not just the development office. Secondly, a student who is concerned with long-term job stability should definitely find out how a prospective employer is funded and what infrastructure is in place in the organization. Well-managed organizations and older, more established groups are likely to have rainy day funds in place. Unfortunately, some organizations are likely to go under in a tough economic market, but if students and young lawyers do their research, those interested in public interest should be able to weather this period.

Updated September 30, 2009 from previous post