Law in Contemporary Society
Question for Discussion

A major theme of the class is how most students will go out and pawn their licenses, which correlates strongly with the vast percentage of students who go to work at corporate law firms. The question for discussion is why do so many students choose this path, generally fully aware of the consequences. This is a very important question that most of us will or are wrestling with as we get closer to EIP. The apparent dilemma is why do students want a career where it seems most associates are miserable (how true is this fact? - Cecilia Wang), the amount associates are payed per hour of work is very low, and the chance of promotion is minuscule. In addition, associates, even partners outside headquarters, have relatively little control over the firm and tend to get trapped in a lifestyle that is not healthy and difficult to escape. Part of this may include representing clients or sides that one does not believe in and helping perpetuate "injustice." So why do students choose this career path. Are there benefits that make it worthwhile? Are we being irrational or ignorant? Or are there external factors that force our hand, such as loans or the seemingly short time frame we have to make our decision?

Rationality

One proposition to follow is that rational people would not make such seemingly irrational decisions. What guides such decisions may have to do more with what we value or fear: wealth/poverty, love/hatred, prestige, success/failure, reputation, etc. Such values can be convincing. Or, there could be little incentive to pursue other options, making the lawyer job appear better. What may be one of the more determinative factors is the role of societal/cultural values, and the imposition of those values through group think. Cultural values play a role in our rational decision-making, and the American system puts a premium on wealth and status, contrasted to other cultures that appear to have a more egalitarian ethic. In addition, societal values help fill in the holes of uncertainty we have. Culture is part of our personality and helps define the schema through which we organize information. We must remember that every decision has a reason and we make that decision because it is our best option when compared to all other known options. (Is the lack of knowledge of other options a factor affecting rational decision-making, especially in light of the firm/public interest dichotomy presented by Columbia - Sam Hershey) The lack of knowledge of other options does not make us or the decision irrational, but inefficient. (Mike Abend)

However, in contrast to the above proposition is that people can in reality be very irrational, rationality often being a myth. (Matthew Zorn) By allowing cultural values to play a role in our decision-making in a way that convinces us to contradict our own values and wants, we are being irrational. Societal influences help convince us that what we are doing is good or the correct way, even though we may be unhappy and unfulfilled. Shouldn't we be capable of being more independent of societal influences. By allowing society force us to choose a path that reflects the values of others over our own, we are not being rational - we are either being afraid of something or being "insane." (Jessica Hallet)

One possible influence on our ability to make rational decisions is the lack of knowledge of other options. Besides presenting the polar opposites of firm jobs and public interest, Columbia does not make it a priority to help students really figure out the full spectrum of choices available to them. (Sam Hershey)

One question to consider under this subtopic is what do we think of those whose values match up with working for a firm? Do these people actually value wealth over autonomy and justice? (Jessica Hallet)

Benefits or Temptations of Law Firms

* It is easier to get a job with a big firm. The law school is designed to funnel you into a firm job. The firms come here to recruit, and we are pushed to do EIP. The jobs are there and they are offered to students without the student having to do much work.

*

Navigation

Webs Webs

r30 - 07 Feb 2010 - 21:16:24 - DavidGarfinkel
This site is powered by the TWiki collaboration platform.
All material on this collaboration platform is the property of the contributing authors.
All material marked as authored by Eben Moglen is available under the license terms CC-BY-SA version 4.
Syndicate this site RSSATOM