David Segal is the best writer on the NYT’s business desk, so it’s a good thing that he was chosen to pen today’s 5,000-word disquisition on the economics of law degrees. He’s taken a particularly dry subject and turned it into a compelling and accessible read; that’s no mean feat.
At the heart of the article is law schools’ bait-and-switch operation: universities rake in millions of dollars in tuition fees from students who are given to understand that a well-paid job lies waiting for them upon graduation. But such jobs are hard to find and precious few law graduates will ever waltz straight into a $160,000-a-year Biglaw job, especially if they graduate from a non-top-tier school.
The connection between well-paid jobs and top-tier universities is well known and as a result, there’s something of a statistical arms race going on between universities, all of which want to improve their rankings. Segal doesn’t quite accuse the colleges of outright lies, but he comes very close: at one point, for instance, he talks about the “several different explanations” which Georgetown Law provided to explain a suspicious-looking offer of temporary work to unemployed graduates, one of which claimed that the university—which was also the graduates’ employer—didn’t know where those alums were.
But I’m a wonk and I’d like to have seen a few more numbers in this piece. For instance, when Segal says that only “a small fraction of graduates are winning the Big Law sweepstakes,” I’d like to know what that fraction is: roughly what proportion of the nation’s law graduates, each year, is going to get one of those $160,000-a-year jobs?
And then there’s this:
In the Wonderland of these statistics, a remarkable number of law school grads are not just busy — they are raking it in. Many schools, even those that have failed to break into the U.S. News top 40, state that the median starting salary of graduates in the private sector is $160,000. That seems highly unlikely, given that Harvard and Yale, at the top of the pile, list the exact same figure.
Even at Harvard and Yale I’m suspicious of that $160,000 figure; for the non-top-tier colleges, it’s clearly fictional. No matter how many of your graduates go on to $160,000-a-year jobs, there’s always going to be a significant number who earn a lot less than that and there are going to be almost none who earn more. As a result, the mode might be $160,000, but the median will never be that high. (And in reality the distribution of law-grad salaries is highly bimodal, with the first mode at a much lower level.)
Dean Baker has a more serious criticism of Segal’s piece, noting that “most of the new jobs that are being created are at the top and the bottom of the skills level.” If that’s the case, he says, “then the NYT has seriously misrepresented the state of the legal market.”
I wouldn’t go that far. For one thing, I’m not sure that someone clutching a law degree from Thomas Jefferson School of Law in San Diego really counts as being at the top of the skills level; Segal’s whole point is that lower-tier law schools are churning out graduates who would have been better off not getting a graduate degree at all, partly because they could put their skills to better use in the world of employment rather than racking up hundreds of thousands of dollars in student loans.
But Baker’s point is well taken: “the economy,” he says, “could simply be suffering from a situation in which there are too few jobs in total.” Given the NYT acreage afforded him, Segal could and should have spent a little time looking at how the number of law-school graduates has changed over time and how their employment prospects have changed as well. If the number of graduates is holding roughly constant even as the number of jobs has plunged, then that looks like a problem with the broad economy more than a problem of law school mendacity.

Though I'm in complete accord on the overpromise of law school and I'm constantly warning my kids and their friends against applying to one, a big hole in this piece is the assumption that law grads all want to work for a firm. I'll concede many do, but a lot look to join federal or state government as prosecutors, investigators, regulators or other legal specialists. A law degree can also be good grounding for banking, real estate and even - God forbid! - journalism. Still, I look for the day when a disgruntled law grad, armed with all of the tricks of the trade passed on by his or her professors, sues his law school for fraud and wins. Then you can be sure the ABA and law deans take this problem seriously and do something to correct it.
#1 Posted by Winston Wood, CJR on Mon 10 Jan 2011 at 03:10 PM
Felix and Winston, you both miss the point of the piece: it isn't the total number of jobs available to law school grads that is the issue, it is the number of jobs that can support paying off a huge pile of non-dischargable student loans.
The whole thrust of the piece is that, especially at the lower-tier schools, students are encouraged to pile on massive amounts of debt based on the weird and unreal stats in the US News rankings. It seems unlikely that someone went to law school and racked up $250,000 in debt to become a public defender making $35,000 per year.
Or they go into real estate or journalism? Priceless. You found the two fields more depressed than law. Nice work.
#2 Posted by garhighway, CJR on Mon 10 Jan 2011 at 07:44 PM
As an attorney and the father of a son in law school, what shocked me about the NYT piece was that law schools are being so cute, if not outright lying about the percentage of their graduates who are "employed" within 9 months of graduating. If they say that they have an employment rate in the 90s, but a large percentage of graduates did not respond, they are lying. If they are counting grads who are working a counter at Home Depot or Starbucks, then law schools are playing games with the meaning of word "employed."
My son and most of the law students I know do not go to law school expecting to come out with $160K job at a big law firm, but they do have a right to know their prospects of finding some job that utilizes the law degree that they went so deeply into hock to obtain.
If law schools can't be honest with law students, there is truly no hope for our profession.
[In the interests of honesty and full disclosure, I am the brother of Dean Starkman, one of the head pubahs of the Audit]
#3 Posted by Paul Starkman, CJR on Tue 11 Jan 2011 at 05:40 PM
The amazing stat in the piece (working from memory) was that only 93 percent of grads were supposedly employed. That's a 7 percent unemployment rate for law school grads. Supposedly the UE 1 for all college grads is less than 5 percent even now. http://www.bls.gov/news.release/empsit.t04.htm
#4 Posted by edward ericson jr., CJR on Wed 12 Jan 2011 at 06:09 PM