Higher Education Legal Profession Overview
Legal professionals in colleges and universities don’t just represent their institutions in legal matters. They tend to have an expansive role that encompasses everything from drafting policy to working with teams on program development, compliance, and strategizing about a myriad of issues. For example, I have negotiated contracts and agreements for my university’s research centers, provided legal opinions on whether our policies are in compliance with the law, evaluated new game-changing concepts for our IT department, and worked with other offices to develop new policies related to government regulations.
In some colleges and universities, Attorneys are considered Faculty. For Law School hires, faculty status means that the university is expecting you to take on the same academic load and responsibilities as other faculty members. You may be expected to develop new courses in your area of expertise, teach undergraduate or graduate classes related to your practice, conduct research in your field, and write articles and books on emerging trends and current topics in higher education law. Faculty attorneys may be required to serve on committees with faculty members, and perform service within their department and the university. In addition, law schools have law clinics that provide a variety of civil legal services to the public. Faculty must oversee some clinical programs, such as the Elder & Health Law Clinic, the Community Development Clinic, and the American Indian Law Clinic.
Law Clerks are hired by the university general counsel’s office to provide legal research and writing support on projects. They help manage litigation and file pleadings and other court documents. The amount of time that law clerks work per week or semester varies, and generally speaking these positions are part-time, and can only be pursued during the school year if they are not on a J1 visa. These positions are popular with current sociologists, program planners, and Ph.D. candidates in public affairs . In the past, I have hired law clerks to assist me with policy research and help manage a number of on-going projects.
So, you have an understanding now of the types of positions available at colleges and universities, but what do they pay? Below is a sample of salaries for law faculty and the general counsel’s office for three institutions. Since these are public institutions, their salary data is readily available on the web.
Michael Hiller, J.D., PhD – Professor and Graduate Program Coordinator, Department of Sociology University of North Carolina at Charlotte, $104,940
The Law School at the University of Alabama, $147,000
University of Alabama’s Office of Counsel, $210,000
Additional Information:
– American Association of University Professors: Peruse the list of schools where unions are present for faculty members and follow their links to view collective bargaining agreements that outline faculty positions. They also have a link that allows you to search for universities with chapters.
– National Center for Education Statistics’ College Navigator: Type in the name of the institution you are applying to and look for information in two areas under "Campus Security."
Crime Statistics and Security Policies and Resources, and where applicable in the 2012-2013 Academic Year in all reported categories:
Criminal Offense On Campus Public Property
Arson 0 0
Disciplinary Actions Arson 0 0
Drug Abuse Violations 1 0
Liquor Law Violations 2 0
Weapons Possession: 5 2
– National Center for Education Statistics’ College Navigator: Type "law" into the search line to see the results of universities and colleges that have programs in law and similar disciplines, including health policy, government and public administration, urban and regional planning, and sociology.
Categories of Higher Education Legal Positions
The breadth of legal positions in higher education is vast. In addition to general counsel positions, a number of other roles have evolved within colleges and universities in recent years.
Compliance officer jobs are becoming more common as campuses try to protect themselves from litigation and increased regulatory scrutiny. Title IX coordinators serve a similar purpose. As requirements under Title IX (which prohibits discrimination based on sex, including anti-harassment provisions) become more rigorous, universities are hiring Title IX coordinators to comply with the law on sexual assault and harassment. Campus Title IX coordinators work under the general counsel’s office to investigate and eliminate sexual harassment.
Enforcement of federal workplace laws has similarly led to a demand for additional lawyer positions. Human resources administrators and general employment lawyers are necessary to prevent incidences of discrimination or abuse. Compliance and risk managers evaluate potential hazards to the university and help prevent any adverse consequences, including potential lawsuits.
Attorneys may also work as students’ rights advocates, providing counsel for students who sue universities over their treatment or rights on campus. Other jobs include policy analysts, equity officers, benefits administrators and risk management directors.
Education Law Positions Skillset & Qualifications
Landing a career in higher education requires more than just specialized knowledge about educational law, regulatory compliance and policy issues. Legal professionals working with colleges and universities must have strong communication skills, both written and verbal, and an understanding of the current landscape of student affairs and administrative policies.
Ideally, candidates for legal jobs in higher education would have at least five years of experience as an attorney, preferably in a university or professional school, as well as experience in one or more relevant areas, such as employment law, student affairs law, intellectual property or immigration law.
Many universities are looking for candidates with experience in contracts, intellectual property matters and other legal issues that impact colleges and universities on a daily basis. Attorneys with experience in advising colleges and universities on diversity and non-discrimination, conflict of interest and development issues are in high demand, as well as those individuals with experience in dispute resolution, internal investigations and litigation, sexual harassment and Title IX matters.
Candidates for legal jobs in higher education should also have strong interpersonal skills, which is necessary to work with a diverse group of faculty, students and staff. The ability to be a team player and work with all members of an organization is required. Some universities require at least three to five years of experience with a specific area of higher education law as well.
How to Build a Career in Higher Education Law
All higher education lawyers, of course, have to get a law degree, but there are lots of paths to getting there. Like many other specialized fields in the legal profession, there is no single path that leads into higher education. There was a time when a higher education lawyer was likely the product of a long and very successful law practice. That’s still true of some older members of the profession, but far less often than it used to be. For many higher education lawyers, the route into this field has been through a specialized area of practice or involvement on an institutional governing or administrative board. Some higher education lawyers become involved in the field as college students, including as student leaders or students living in residential communities.
Law School. Because employment prospects may be more closely tied to specific decisions made in law school than in any other field of practice, how you do in law school is very important to success in the field. And it’s not just about grades: You should take advantage of every possible opportunity to make connections with faculty and administrators. You should also participate in any higher education courses, symposiums, seminars or colloquiums offered. In some states, you can take related courses to prepare for the bar exam during your second and third years of law school in lieu of a general law school curriculum .
Internships and Externships. You should consider an internship with a higher education organization such as the American Council on Education, the American Association of Administrative Law Judges and Hearing Officers or the National Association of College and University Attorneys or one of the regional associations. Of course, getting your foot in the door as a student associate at a law firm with a higher education practice group is a terrific option as well.
Fellowships. At the end of your 2L year, you should apply for any fellowships offered by higher education associations. Fellowships are proudly advertised by the American Association of Colleges for Teacher Education and the AALS Professional Development Committee which sponsors the Eugene W. McDaniel Fellowship. Other associations such as NACUANOTES too emphasize their fellowships.
Networking. You should become a member of one or more professional associations in higher education law, and attend the meetings at least once if not every year. A good example is the Higher Education Compliance Conference sponsored by NACUA. You should also sign up for listservs that send out information every day about developments in the law and its application to higher education. The best of these listservs is offered by NACUANOTES.
What to Expect when Considering Higher Education-Law Positions
Like most areas of law, lawyers working in higher education find themselves managing complex regulations at the federal, state, and local levels. These include laws pertaining to employment, immigration, health care, student assistance and a variety of other areas. More than most areas of practice, higher education lawyers often identify themselves with the school, its mission and its values. They are first and foremost a student advocate and the advocate of other populations within the institution.
Further, the work of higher education lawyers is often subject to highly publicized controversies. For example, student grievances are an unavoidable heat sink for the institution. Student controversies around market demands on professional disciplines make it a target for complaints. Concerns about healthcare, general student welfare and misconduct are also examples. And every controversy finds its way into the media on multiple platforms. Being a lawyer for a higher education institution often means being a public face for the institution.
While these challenges can feel daunting, they are also part of what makes a legal career in higher education so rewarding. For many, the ability to have an impact on the greater good of a community is worth the steep learning curve.
Trends in Higher Education Legal Employment
The future of legal jobs in the higher education sector is expected to evolve in response to a number of technological, cultural, and regulatory trends. As the landscape continues to shift, law firms, government entities, and educational institutions will need to adapt their staffing and employment strategies to meet new challenges.
One significant trend is the growing demand for data privacy and security expertise. With the increasing reliance on technology, institutions face more regulations and heightened scrutiny over their handling of sensitive student information. Lawyers who can navigate the complex world of privacy laws will be critical in ensuring compliance.
Remote work environments may also push universities to rethink the way their legal departments function. Technology tools will allow for remote counsel and collaboration , making it easier for institutions to seek specialized legal support on an as-needed basis.
Regulatory changes and funding issues will present ongoing challenges for higher-education institutions. Law schools will continue to produce graduates with a solid understanding of administrative and employment law, but specialties and in-house experience will be required to handle the unique interdisciplinary legal needs of academic environments.
The trend toward joint degree programs between law schools and M.B.A. programs is already bearing fruit with lawyers taking on roles in higher education administration. Such programs prepare students not only for traditional legal practice but for increasingly interdisciplinary work in various sectors.
In this period of transition, the sector’s staffing needs are likely to shift, placing an emphasis on technologists, policymakers, and compliance officers. The future will likely see complex hybrid roles combining both legal and non-legal expertise in a single position or uniform organizational structure.