University Legal Jobs Overview
Legal professionals and university attorneys serve an important role in the higher education sector. They are called upon to provide legal advice to a number of constituents, including senior executives, faculty, staff, students, and outside entities.
University counsel advise clients both on matters within the university attorney’s area of expertise and on other legal matters relating to university operations and policy implementation. This advice may include advice regarding real estate transactions, research-related agreements, intellectual property matters, international matters, employment, and litigation, among other issues. University attorneys may defend the university in litigation or administrative proceedings or refer such matters to outside counsel . They also assist in selecting and managing outside counsel, as necessary. In addition, depending upon their areas of expertise, university counsel may have responsibility for policies and procedures relating to Clery compliance, export controls, Title IX, trademarks and copyright, intellectual property matters, and other issues.
University attorneys may be employed by the university department of general counsel or counsel’s office, or they may serve as counsel to a specific school, college, unit, or campus. Some university attorneys are employed by law firms; others are self-employed. University counsel may practice law part-time (for example, a university professor who serves as a university attorney on a part-time basis) or full-time.
Common University Legal Positions
While the responsibilities of in-house university lawyers are generally similar regardless of the academic institution, their titles can vary widely. Some common titles include General Counsel, Associate General Counsel, Senior Associate General Counsel, Deputy Counsel, Assistant Counsel, and University Counsel. In fact, in-house university lawyers may have a number of titles, especially as they progress through the ranks.
General Counsel. The General Counsel oversees the university’s legal department and serves as its chief legal advisor. The General Counsel also serves as the university president’s primary legal advisor and is the chief legal officer for the university.
Associate General Counsel. Associate Counsel, Senior Associate Counsel, and Senior Associate Counsel simply represent a progression within the same position. Associate and Senior Associate General Counsel generally report to the General Counsel and often handle many day-to-day legal matters.
Deputy Counsel. Many Deputy Counsel fulfill the same role as Associate Counsel. While this position is less common than Associate Counsel, it is just as self-explanatory. The Deputy Counsel position has fallen out of favor as title inflation has increased.
Assistant Counsel. Assistant Counsel is the lowest rung in the hierarchy of university legal jobs. In a larger school, Assistant Counsel may serve as entry-level lawyers, helping senior counsel with legal matters. At smaller institutions, Assistant Counsel may have as much responsibility as the Senior Counsel or General Counsel.
University Legal Education and Qualifications
Jobs offered in the legal departments of universities come with a wide array of responsibilities. Depending on the department, university legal jobs vary in specificity or general necessary qualifications. However, common among these positions are these general requirements when it comes to education, special training, and skills.
First and foremost, legal departments at colleges require a certificate of admission by the state bar association or national equivalent. Every position offered will demand that applicants hold a valid license to practice. The bar association of each state has its own requirements regarding educational background, exam status, and continuing education obligations.
Next, universities require candidates to be familiar with the regulations that govern higher education. While it is not a common request to have familiar experience in the world of academia—particularly at the federal level—candidates who do have this knowledge are more likely to land a job. Experience in working directly with colleges and universities is also a plus.
Finally, a thorough understanding of the law of the many aspects of higher education is a necessity when securing a job with a university. This ranges from intellectual property protection to discrimination laws to arrangements between outside counsel and the university itself. Generally, a wide variety of knowledge in the legal aspects of higher education is ideal for securing legal work at a college or university.
Tasks and Responsibilities
Duties and responsibilities of university legal jobs will vary based on the size and needs of the university or related agency. Contract negotiation, policy development, and litigation are the primary areas of focus for the majority of job opportunities.
In over-taxed university general counsel offices, the focus is on staying out of litigation rather than engaging in litigation. University attorneys are more often tasked with reviewing and negotiating a wide range of contracts and agreements including:
Contract negotiation is usually a collaborative effort with university administrators and department heads. Whether it involves purchasing supplies for the university hospital or establishing a new education hardware deal for the computer sciences department, contract negotiation provides general counsel with an opportunity to set up long-term organizational relationships with the vendors.
University attorneys, particularly in public institutions, also spend time evaluating the scope of proposed and existing policies and their long-term viability. Although many policies were created years before, are the policies still appropriate for the current fiscal climate of the university? Have they been updated recently? What changes need to be made to provide better guidance or to legally protect the university from liability issues? This type of policy evaluation is particularly necessary when politically sensitive issues arise.
Lawsuits against universities in recent years have been associated with Title IX and Title IX compliance. This federal law governs campus sexual assault policies. These federal laws change frequently. Is the university up-to-date with its knowledge of how campus policies relate to federal law? Are there training programs being offered to faculty and students to provide information about the relationship between university-related activities and federal law?
University legal jobs can involve criminal or non-criminal litigation under the guidance of the university attorney. Litigation can include tort claims against the university including wrongful termination cases filed by university employees or students.
Law school graduates with litigation experience can focus on these specific issues in their job search. However, many attorneys enter the field in non-litigation roles. It is possible, for example, to work only on faculty-related employment law issues. In this scenario, the university attorney can negotiate faculty contracts, research employment issues, and address discrimination or harassment claims. The more experienced attorneys become, the more competitive the job market in university-related employment law grows.
University Legal Career Advancement
Career advancement opportunities can be found at all levels of the higher education legal landscape. While on one level there are certain positions such as General Counsel that are very similar to their counterparts in corporate or non-profit environments, the unique mission of higher education gives rise to many other positions. Many of these directly support University initiatives, such as the increase in University compliance with federal and state regulations and the expansion of University global partnerships. Others are unique by virtue of their position within the University structure and their interaction with an array of constituents both internal and external to the University. As with many university staff positions, the more senior level positions may require a Juris Doctor degree and membership in the bar, as well as significant professional experience. Higher-level positions may also require MBA or PhD, depending upon the position. For example, a Vice President of Compliance may prefer or require a JD-MBA. A Director of Research Relations may prefer or require a JD-PhD. In addition to a relevant advanced degree, professional experience can be just as important as an advanced degree or a specific skill set. For example, a Director of Research Relations at a major research university may prefer 10 years of experience in research related issues. The depth and breadth of experience within higher education legal and business offices comes from cross training and mobility across the legal disciplines and departmental silos. Just as higher education organizations are increasingly establishing legal departments that provide a wide range of support to the institution, professionals should consider how they can grow professionally by seeking direct experience in a diverse field of practices while looking for opportunities to collaborate and partner across disciplines in with their clients and colleagues.
University Legal Employment Challenges
A career in university legal jobs can be extremely rewarding with the right research and an eye to the career path. However, university legal careers can also experience special challenges not always faced by legal professionals elsewhere. One of the unique challenges of university legal careers is handling a very diverse set of legal issues. Universities must address many of the same issues faced by businesses, but they must also comply with both federal and state regulations specific to higher education. Accreditation and compliance qualifications set by the regional accreditors and the federal Department of Education are critical, and noncompliance can be devastating financially. University lawyers must also be adept at negotiating or litigating labor contracts and addressing real estate issues specific to the institution such as student housing, campus leases and construction contracts and disputes with outside vendors and contractors. In addition, universities are often called upon to assist with government affairs, nonprofit support, athletics and other community outreach, both federally and at the state and county level. University lawyers also often provide advice on the creation of new schools, programs or departments and faculty or staff employment matters and contracts . Since many legal professionals are employed directly by the state or state colleges and universities, their hiring, salary, promotion, disciplinary and termination processes may be subject to state personnel laws, although many functions such as legal research, library functions and paralegal support may be performed by professionals who are not state employees. Understanding state employment practices is essential, and those involved in providing legal services for state colleges and universities should have a clear understanding of the employment status and obligations of their own organization so they can advise those around them and not just themselves. In addition, they also need to stay abreast of the latest trends in higher education administration, accreditation, new requirements for students and faculty, changing state or federal laws on student privacy, criminal background checks and other regulations that can affect the campus climate and educating the community or alumni. These areas of the law can be so new that often no existing legal commentaries or case law exist, requiring even deeper research and careful legal assessment and follow-up with the organizations most affected.
What to Expect From the University Legal Department
There are a myriad of advantages to working as an in-house counsel at a university or other institution of higher learning. Foremost is a higher level of job security than exists for attorneys in the corporate world, even during times of economic turmoil and fiscal uncertainty. Despite the fact that higher education funding comes primarily from local and state governments which may lack the budgetary capacity it once had, colleges and universities continue to be prioritized for federal grants and funding for various research and development projects. This means that most university counsel are never at risk of being let go, barring serious administrative issues, though of course shifts in the national and local economies could result in downsizing eventually.
A higher education legal department also benefits from a stimulating, intellectually-rich environment. Counsel often interface with professors in a number of different fields, from science to the humanities. This diversity allows legal counsel to remain on the cutting edge of popular trends, ensuring a professional environment that is as dynamic as it is fulfilling. The high caliber of intellect is something many in academia take pride in, which means that attorneys are respected and supported in their legal work by professors and other academics. It is common for professors to ask legal counsel their opinion on different issues, whether they be on intellectual property to educational guidelines for faculty and staff.
Finally, in-house counsel are typically given a greater degree of flexibility when it comes to hours and days in office. On rare occasions, at the end of a semester, attorneys might find themselves overwhelmed with a variety of legal issues that come along with the end of the academic year. However, most university legal departments are relatively small. At most institutions, legal departments report directly to the President of the Institute, allowing for a more hands-on style of administration. This also means that larger projects have more attorneys delegated to them, making it easier to "pull the trigger" once too much building pressure has gone on a project.
How to Land University Legal Jobs
When searching for university legal job opportunities, there are many strategies that can be effective. The possibilities may be laid out on your university or college’s job board. Explore everything that is offered as there are always new opportunities. Connect with your career center as they are familiar with the opportunities within the institution. They may offer some solid advice and guidance on how to navigate the process of obtaining a university legal job. Tap into some student organizations that can connect you with other students or recent grads who may be working in the field. Students groups such as law or business school organizations can be a big help.
LinkedIn is a great asset for networking purposes and getting a network of contacts going to help keep you informed of opportunities and leads on local jobs. This is also a great way to continue building on your network by locating other alumni of your university – many of which will be eager to assist and offer help if you need it.
Perhaps the best thing to do when looking for an opportunity is to simply network and get yourself out there. This is your best chance to find a fit with a faculty member or clinic director without running through the typical application or interview process. A personal connection could do the trick in getting you hired. In addition, you may run into someone else in the community who may be able to connect you with a local opportunity. So, get out there!
Future of University Legal Careers
The role of technology in the evolving landscape of legal academic programs is an essential factor when considering the future of university legal careers. As legal practice continues to evolve and the academic needs of students change, universities may need to adjust their curricula and professional support services accordingly. The proliferation of online and distance learning options has led to greater accessibility of legal education, allowing universities to reach a broader audience of potential students, particularly those who may be unable to physically attend classes on campus or who may need to juggle their studies with professional obligations.
Additionally, the use of artificial intelligence and data analytics in the legal sector may have implications for the skills that employers will seek in their personnel, and by extension the skills that universities will prioritize in their curriculua and graduate programs . For instance, while negotiation and communication skills have long been understood to be critical attributes for legal personnel, the demand for analytical and quantitative testing skills may increase as organizations strive to understand and harness the power of existing and emerging data. Similarly, the ability to work well both independently and collaboratively with colleagues from diverse backgrounds and areas of expertise will remain paramount as legal teams become increasingly interdisciplinary in their makeup.
Since the legal realm is constantly adapting and shifting, it is vital that universities remain attentive to the current trends and identify the means by which they can best help equip their students with the skills and knowledge that employers will demand of them. Despite the challenges that are presented by this fast-paced sector, new opportunities may be created that allow universities to generate impact within the larger legal community and even reach beyond it, bringing more awareness to the programs and personnel that they offer and connecting students with information about career advancement and professional development.