Presentation to St. Louis University
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Transcript Presentation to St. Louis University
A Career in Health Law
Peter M. Leibold
CEO, American Health Lawyers Association
Loyola University Chicago School of Law
October 29, 2012
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Presentation Goals
The wisdom of choosing health law
Important health law issues as you
graduate from law school
The skills needed for different healthcare
related legal jobs
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It’s a Little Scary Out There
The numbers suggest the job market for law grads is
worse than previously thought. Nationwide, only 55% of
the class of 2011 had full-time, long-term jobs that
required a law degree nine months after graduation.
WSJ 6/25/12
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It’s a Little Scary Out There
Tough on the Recent Law School Graduate
The overall employment rate for new law school graduates is, at
85.6%, the lowest it has been since 1994, when the rate stood at
84.7%
Only 65.4% obtained a job for which bar passage is required,
that is 9% lower than 2008
The percentage of jobs reported as part-time stood at almost
12%, up from about 11% in 2009 and 2010, and in contrast to
6.5% for 2008 and about 5% in the years immediately prior to
that
Almost 7% of jobs were both temporary (defined as lasting less
than a year) and part-time
Less than 50% secured employment in law firms
Overall, the legal industry had 1,108,800 jobs in June, compared
to 1,109,700 last year, a loss of 900 jobs for the year. ABA
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Journal, July 11, 2011
It’s a Little Scary Out There
NALP Executive Director James Leipold
"I
am often asked if there are signs that the entry-level
job market is recovering… Certainly the employment
outcomes data for the Class of 2011 document a very
distressed job market. This class may represent the
bottom of the employment curve for this economic
cycle. Our fall recruiting data from the last two years
indicate that at least recruiting activity for the Classes
of 2012 and 2013 increased, if somewhat modestly.”
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Where is the Good News?
Certain metrics are bouncing back slightly
While summer associate class sizes remain near recession lows,
offer rates for those who have those internships are returning to
pre-recession rates -- Offer rate for the 2012 summer class
jumped to 91.4% from a 2009 rate of 69.3%.
The offer rate is the second highest in 17 years.
Across employers of all sizes, the median number of offers
extended rose from 9 to 10, up from 7 in 2009, but well off the
medians of 15 and 16 measured in the years prior to the
recession.
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Where is the Good News?
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Where is the Good News?
• “Follow the Money”
• Can you say $940 billion over 10 years? –
CBO cost estimate on ACA
• $26 billion for Health Information Technology
for Economic and Clinical Health (HITECH) in
ARRA
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Where is the Good News?
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Where is the Good News?
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Where is the Good News?
• Follow the Boomers
• 76 million “Baby or now Golden Boomers,”
• In 2000, 35.1 million in Medicare. In 2030,
69.7 million. By 2050, 81 million.
• Baby Boomers are responsible for more than
half of all consumer spending:
• 77% of all prescription drugs,
• 61% of OTC medication, and
• 80% of all leisure travel
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Career Advice
If you are going to be a lawyer, be a health lawyer
Analyze your strengths and weaknesses honestly and
objectively – BE HONEST WITH YOURSELF; Seek advice
from an honest objective observer
Your strengths and weaknesses may change, but not as much
as you think
Look for a job that plays to your strengths in an area that
interests you
Balance the need for stability and comfort with the need for
enthusiasm every day
Luck helps, but creating opportunities stimulates good luck.
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A Career in Health Law and
Policy
You will work hard.
You will put in long hours.
You will do significant amounts of research.
You will need to be an adept, effective
writer.
You will need to be an effective negotiator.
You will need to be a strong speaker.
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Appellate Judicial Clerk
Ideal Attributes
Intellectually
eager
Fond of research
Careful, meticulous
Enjoy solitary writing
Must synthesize complex issues effectively
Enjoy reading cases and finding flaws in
logic
Enjoy thinking about broader implications of
a general rule in a particular case
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Judicial Clerk
Appellate vs. Trial Court
Different jobs, different skills
Trial Court Clerk
Good
oral communicator
Connect with attorneys
Good negotiator
Efficient writer
Quick on feet
Can think through problems on the fly and out
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loud
Counsel on the Hill
Ideal Attributes
Need
to multitask effectively
Need to be an excellent oral communicator
Need to be able to synthesize complex issues
effectively
Need to be a strong negotiator
Emphasis on explaining legal issues to non-lawyers
Must have a strong interest both in politics and policy
Willing and able to speak publicly
Must enjoy being in the fray
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Hill Counsel vs. Appellate Clerk
In Common
The
need to synthesize
The need to write clearly
Variances
Multitasking
vs. Single focus
Emphasis on negotiation vs. Emphasis on research
and writing
Social vs. Solitary
Emphasis on moving agenda vs. Emphasis on
particular disputes
Interest in politics vs. Disassociation with politics
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Counsel in a Law Firm
Ideal Attributes
Need to identify potential problems and issues
Need to aggressively pursue clients and build strong
relationships with them
Willingness to research heavily
Need to be an excellent oral communicator with strong
negotiation skills
Willing and able to speak publicly
Need to be meticulous in research
Begin specialization
Need to write clearly and effectively
Willingness to work on projects provided to you
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Hill Counsel vs. Firm Counsel
In Common
Excellent oral and written communication
Willing and able to speak publicly
Negotiation skills
Problem solving orientation
skills
Variances
Multitasking vs. discreet project orientation
Efficient generalist vs. move to specialization
Civil
to those wanting to see you vs. aggressive
pursuit of those who should hire you
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Association General Counsel
Attributes
Excellent oral communication skills
Write clearly
Willing and able to speak publicly
Strong negotiation skills
Manage outside counsel
Need to be able to synthesize
complex issues
effectively
Emphasis on legislative and regulatory advocacy
skills
Emphasis on articulating legal/policy issues to nonlawyers
Willingness to work on more mundane contractual
and human resources issues
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Firm Counsel vs. Association
General Counsel
In Common
Excellent oral communication skills
Willing and able to speak publicly
Negotiation skills
Problem solving orientation
Responsiveness to clients
Variances
Discreet project orientation vs multitasking
Move to specialization vs. generalist
Emphasis on legal vs. Emphasis on policy
Doing legal work vs. managing legal work
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State Department Deputy
Attributes
Excellent oral communication skills
Write clearly
Strong negotiation skills
Synthesize complex issues effectively
Emphasis on cross departmental persuasion
Need to multi-task effectively
Emphasis on articulating policy issues to non-lawyers
Patience with reading voluminous communications
Balance between advocating your own positions within
Administration and advocating Administration’s position to those
outside Administration
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Association General Counsel vs.
State Department Deputy
In Common
Excellent oral communication skills
Strong negotiation skills
Synthesize complex issues effectively
Emphasis on explaining legal/policy issues to non-lawyers
Multi-tasking
Variances
Emphasis on advocacy vs. emphasis on research
Majority of time spent advocating outwardly vs. Significant time
spent advocating internally
Management of people and outside counsel vs. implementation
of U.N. and State Department directives
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Association CEO
Attributes
Manage staff
Manage board
Emphasis on relationships
with members, board and
staff
Effective oral communicator
Generalist on health law and policy
Strong negotiator
Emphasis on fulfilling mission while succeeding
financially
Effective strategic planner
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Association General Counsel vs.
Association CEO
In Common
Excellent oral communication skills
Negotiation skills
Multitasking
Problem solving orientation
Responsiveness to Board, members, and staff
Variances
Focus on law and policy vs. focus on Board and staff
Manage outside counsel vs. manage staff and Board
Focus on benefits to members vs. Focus on overall
organizational performance
General focus on issues vs. general focus on staff and Board
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Job Prospects
I know its tough out there, but health law is a
good place to focus your energy.
Honestly analyze your strengths and
weaknesses.
Follow the money – to find the work.
Balance security and excitement.
Be optimistic.
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