Florida Legal Sector Peaks Higher, Troughs Lower Than Country’s

The Tampa Bay Times tells us, “Florida’s Swollen Ranks of Lawyers Scrap for Piece of a Shrinking Legal Pie“—a fair assessment.

As to whether there are too many lawyers as the article says, well, obviously there are as many lawyers as the state can employ at any given time. Whether the state (and the country) produces too many law graduates and licenses more attorneys than can be absorbed is a different matter. I sympathize with attorneys trying to make a living, but I am enjoined from complaining if clients are charged less as a result.

Here’s the relevant line:

Almost half of the lawyers who responded to a Florida Bar survey last year cited “too many attorneys” as the most serious problem facing the legal profession today. That exceeded “difficult economic times” and “poor public perception,” which many blamed in part on relentless TV advertising, such as that by big personal injury firms.

Surveys are important sources of information, but just because lawyers believe something doesn’t make it true. It’s difficult to separate the extent to which the “difficult economic times” and the “too many attorneys” cause lawyer underemployment. In fact, Florida’s legal sector peaked higher and troughed harder than the rest of the southeast and the country.

Real Legal Services (Fla. edition)

(Source: BEA, author’s calcs.)

Although, the surveyed lawyers have a point: It’s also true, as the article points out, that the number of law schools in Florida needlessly doubled over the last 15 years or so. Unhelpfully, the article publishes law schools’ unemployment rates rather than my preference: percent employed in bar-passage-required jobs, full-time/long-term excluding law-school-funded jobs. Here’re Florida’s law schools’ 2013 results:

  • Florida State – 69.6%
  • University of Florida – 66.4%
  • Stetson – 62.0%
  • University of Miami – 60.7%
  • Nova Southeastern – 60.5%
  • Florida International – 59.6%
  • Thomas – 47.8%
  • Barry – 39.8%
  • Florida A&M – 38.5%
  • Ave Maria – 34.6%
  • Florida Coastal – 30.8%
  • Average Florida Law School – 51.8%
  • Southeast BEA Region Average Law School (Excl. Fla.) – 57.3%
  • Average U.S.A. Law School (Excl. P.R., Fla.) – 56.1%

In general, Florida’s law schools are doing worse than the regional and national averages. Perhaps you could call it the Florida Coastal effect. I’m sure someone with more time on their hands than I could write a paper on the impact for-profit law schools have on state employment outcomes and state legal industries.

What surprises me, though, are the attorney counts stated in the article: They’re much higher than the number of active and resident attorneys Florida bar authorities report to the ABA.

Since 2000, the number of licensed attorneys has swollen from 60,900 to 96,511. … Florida had 27,000 licensed attorneys in 1980. Within 20 years, the number had more than doubled.

According to the ABA, in 2000, there were 49,139 active and resident lawyers in Florida, and 68,464 in 2013. I don’t have numbers for 1980, but in 1989, Florida had only 33,251 active and resident lawyers. Anyway, I get 39 percent growth since 2000, not the 58 percent the article implies.

Despite these bleak facts, as always we can rely on the deans to tell us to hail the JD Advantage.

So what’s the advice for those considering law school or soon to graduate? Until demand better meets supply, [LeRoy] Pernell of Florida A&M’s law school predicts that many new lawyers will have to use their education in “nontraditional ways.” Among them: working for businesses instead of law firms.

Some could also wind up in jobs that don’t require a law degree. …

[Christopher] Pietruszkiewicz, Stetson’s dean, advises interning, then working in a public defender, state attorney or U.S. Attorney’s Office.

Hopefully the message for applicants is clear: There are better alternatives than law school in Florida.

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2 Responses

  1. Matt
    You picked up on the money line, too, “Almost half of the lawyers who responded to a Florida Bar survey last year cited “too many attorneys” as the most serious problem facing the legal profession today.” I don’t know what, if anything, the Florida Bar plans to do about that. The State Bar of Arizona, for instance, which is more delusional than most, just did its periodic survey of members and among the multiple choices they provided to ‘game’ the results, were such purported, lofty ‘concerns’ as judicial independence and access to justice — surely foremost among the minds of financially pressed lawyers, especially the underemployed/unemployed newbies saddled with six figure school loans and trying to find clients as solos. Too many lawyers? Pshaw.
    – Mo

    • Mo,

      Given that Florida doesn’t allow reciprocity with other states, there really isn’t anything more it can do for its bar, unless it either supports shutting down its excessive public law schools or deliberately makes its bar exam harder.

      As for the Ariz. bar survey, well, now you know why I support range voting over plurality or instant runoff, but “judicial independence” gave me a good laugh.

      -ML

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