This chapter aims to demystify the meaning of public interest law. In it, we explain what public interest law means, the various areas of law within public interest law, some reasons for choosing to participate in public interest law, and options for committing to public interest law other than just a full-time career. Throughout the chapter, we use the term public interest law in general terms, but our hope is that by the conclusion of our short chapter it will be understood that public interest law is a loaded term that encompasses many areas of the law. Finally, our chapter concludes by shedding light on a niche within public interest law—the various fellowships available within public interest.
WHAT IS PUBLIC INTEREST LAW?
Public interest law is legal work that furthers justice and protects rights rather than personal or commercial gain.1 It is work characterized as outside the usual course of billable hours to provide legal services to persons of limited means.2 Public interest attorneys may represent underrepresented clients or advocate certain policies.
WHAT AREAS OF THE LAW FALL WITHIN THE REALM OF PUBLIC INTEREST LAW?
Public interest law comprises many areas of the law, and it encompasses various places of employment. Some common areas of public interest law include: civil rights law, family law, immigration law, international law, prosecution law, and defender law to name a few. This, of course, is not an exhaustive list of public interest areas, but it is a start.3
WHERE DO PUBLIC INTEREST LAWYERS WORK?
Public interest attorneys find themselves working in diverse employment settings. Public interest attorneys may hold jobs in any number of the following agencies or organizations: non-profit organizations, legal services organizations, labor unions, courts, local government, state government, federal government, public defender’s office, prosecutor’s office, and so on. 4 Public interest attorneys may also work in or own private public interest law firms or work in private law firms that perform pro bono services.5
WHY SHOULD I CONSIDER PUBLIC INTEREST WORK?
One simple reason is that for most of us, it feels great to help others, and public interest law is an area where you can help the common good. If you are still not convinced, households with low incomes encounter around two to three legal issues each year. 6 Further, for every 6,681 economically disadvantaged persons, there is only one legal aid attorney as compared to 525 people per attorney in the general population.7
DO I NEED TO WAIT TO GRADUATE FROM LAW SCHOOL TO GIVE BACK IN A PUBLIC INTEREST SETTING?
You do not need to wait until you graduate from law school to give back in the public interest arena. Many law students take advantage of their time in law school to figure out what practice areas and sectors of the law interest them, and you should too. Working in public interest law (or any area of the law) for a relatively short period of time enables you to “test the waters,” to see if a particular area of law inspires you. Engaging in public interest law during a summer, semester, or even over one’s winter break is a great way to determine if you enjoy an area of the law as opposed to working in a sector within public interest law for a year or two—out of law school, for example—only to find that you do not enjoy it.
For instance, Teresa split her first summer of law school between a solo practitioner that handles estate planning and the Compton Courthouse Self-Help Center through the Community Lawyers, Inc. (CLI) Legal Internship Program, based in Compton, California.8 The Self-Help Center allowed Teresa to assist in pro se litigants (individuals representing themselves) with their documents for their marriage dissolution, paternity, landlord-tenant, and other matters. Until Teresa encountered CLI, she had no idea that splitting her summer was even an option, but she highly encourages it. Teresa’s work with CLI served as a springboard for her subsequent legal internships and externships. After her experience as a CLI Intern, she was selected to serve as a Certified Legal Intern with the Alternate Public Defender’s Office of San Diego, where she represented juveniles during arraignments and probation violation hearings under the supervision of her supervising attorney.
Those experiences early on in law school—coupled with co-curricular activities such as law review and moot court competitions—helped Teresa secure a federal judicial externship between her second and third year of law school, and a job at a civil firm during her third year of law school. Teresa’s externship in federal court further exposed her to the work done by defense and prosecution attorneys. Because of that experience, Teresa is spending part of her final semester of law school as a Certified Legal Intern for the District Attorney.
DO I NEED TO MAKE A CAREER OF PUBLIC INTEREST LAW IN ORDER TO GIVE BACK TO MY COMMUNITY AND/OR THOSE IN NEED?
A career in public interest law is not the only way that a lawyer serves the public. On that note, a full-time career in public interest law is not for everyone. While some people love giving back to the community, they might be unable to commit to public interest law on a full-time basis for various reasons, particularly financial reasons. This is especially the case with the rising cost of legal education; however, the cost of a law degree should not deter those that are passionate about careers in public interest law.
Even if you cannot or will not take a government or non-profit job on a full-time basis, there are plenty of ways to get involved in the community. You can join a local or national bar association and look out for volunteer opportunities with that association. Perhaps the law firm route is your goal. If so, many large firms have pro bono departments, and the firms provide services free of charge to clients different from those that the firm usually serves.9 Moreover, firm lawyers are sometimes allowed to take time off to concentrate on pro bono matters while continuing to earn full compensation. Becoming an entrepreneur might be important to you, and as a solo practitioner you can also do pro bono or low bono (legal services at a reduced rate) work for your clients. Solo practitioners might have more limitations than a large firm, but it is certainly possible for a solo practitioner to provide low bono work or to work in areas where underserved populations are in need of representation. For instance, a public interest fellowship might be a great place for you to start. Please read on below to learn more about public interest law fellowships—usually short-term opportunities that can serve as stepping stones to more long-term opportunities in public interest law or even private practice.