Regent law, May 2013

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This presentation was given at the Regent Law Summit in Norfolk, Virginia on May 17, 2013. It summarizes the changes occurring in the legal profession from the end of World War II to the present. It also reviews trend data and entry of nonlawyer entrepreneurs in the legal industry. The presentation ends with a discussion of the implications for legal education.

Education Career

Overview of the Legal Market
in the Year 2013
Regent Law Summit
May 17, 2013
William D. Henderson
Indiana University Maurer School of Law

Agenda
1. Overview of market
2. Q&A
3. Issues facing practicing bar

Legal Services Industry
Legal Industry
Legal Profession
Circa 2012
Asia, Automation, Abundance

Private Practice
Circa 1948
• 163,000 Lawyers
• 45.0% w/ college
degrees; 74.5% w/ law
degrees
• 1.64 lawyers per firm
• 1.9 % lawyers in firms of
9+ partners
Source: Blaustein, “The 1949 Lawyer
Count,” 50 ABA J 370 (1950)
Solos,
61%
Partners,
24%
Associates
4% Gov’t,
In-House
11%
Lawyers by Role

Heinz-Laumann
“Two-Hemisphere” Theory
Growth driven
by business
demand
Corporate
Litigation
Office
Practice for
Corps
Office
Practice for
Persons
Personal
Litigation
Growth
driven by
Population
1975

US Lawyer Population
(1951-2000)
0
200,000
400,000
600,000
800,000
1,000,000
1,200,000
1951 1960 1971 1980 1991 2000
Year
Lawyer Population

US Lawyer Population
(1951-2000)
0
100
200
300
400
500
600
700
800
0
200,000
400,000
600,000
800,000
1,000,000
1,200,000
1951 1960 1971 1980 1991 2000
Year
Lawyer Population

988,898
1,122,723
1,074,994
0
100,000
200,000
300,000
400,000
500,000
600,000
700,000
800,000
900,000
1,000,000
1,100,000
1,200,000
1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010
TotalNumberofEmployees
Year
Total Law Firm Employment, 1998 to 2010
Total Employment 2 per. Mov. Avg. (Total Employment)
Generated by
William Henderson
(June 2012)

0
10,000
20,000
30,000
40,000
50,000
60,000
Incoming 1L Classes, ABA-Accredited Law Schools
1985 to 2011
Incoming 1L Class, All Schools 2-Year Moving Average
Source: ABA Section on Legal Education and Admission to the Bar,
Chart generated by William Henderson (July 2012)
15% increase in Law Schools (175 to 201)
19% increase in 1L enrollment

0%
10%
20%
30%
40%
50%
60%
70%
% of Entry Level Jobs in Private Practice
1985 to 2011
% of Entry Level Jobs in Private Practice 2-Year Moving Average
Source: NALP Bulletin, July 2012, charts generated by William Henderson

Outcomes for the Class of 2011
Bar Passage
Required, FTLT, 5
5.2%
JD Advantaged
FTLT, 8.1%
Professional
FTLT, 3.9%
Other
Outcomes, 32.8
%

Outcomes By USN Rank
83.1%
59.9%
53.6%
48.2%
45.1%
10.9%
30.2%
33.3%
37.3%
41.5%
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
Top 14
Tier 1
Tier 2
Tier 3
Tier 4
BarPassage FTLT JD Advantaged FTLT Professional FTLT Other Outcomes

0%
20%
40%
60%
80%
100%
120%
140%
160%
%GrowthinEmployees Change in # of Employees since 1998
Legal Services Industry
Law Offices vs. All Other Legal Services
Offices of lawyers All other legal services
Since 2004:
Law Offices: -47,729 jobs
All Other Legal Services: + 7,696
Generated by
William Henderson
(June 2012)

Susskind’s Paradigm
Bespoke Standardized Systematized Packaged Commoditized
Needed human capital:
• Information technology
• Systems engineering
• Finance
• Marketing
• Project Management
• Law

Law Firms
40%
In-House Legal
5%
Government
20%
Public Interest /
Defender 10%
Judiciary
15%
Other
10%

1. Yellow: Tech and practice management
2. Pink: Externship for practical skills
3. Green: Initiative for ethical formation /
character
4. Orange: Marketing and client development
/ Market development

Arc Informed by
theory and data
Career Arc
Practice
Mastery
Time
Arc under
Traditional
model
Graduation
“Whether you think you
can, or you think you can't--
you're right.” Henry Ford.

Skills, Person
ality, Drive= Training +
Playing Time+High
Performance
High Performing Lawyer
Success Formula
Smarts (IQ) +
30

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