Law
Throughout your time in graduate school, you have likely been required to defend your research clearly and concisely, backed by solid data. Your advisor may have even commended your persuasive abilities (sometimes perhaps excessively so, to ensure your dissertation gets approved). You might not have realized it, but many skills honed during graduate studies are directly applicable to the legal profession. Those emerging from a PhD program are remarkably well-equipped for law school, provided they are ready to dedicate another three years to academia. Moreover, certain disciplines can lead you straight into a job at a law firm right after completing your PhD.
Entry Points
If your PhD is in a non-technical discipline like the humanities or social sciences, you're looking at both positives and negatives. The positive is that your training has equipped you exceptionally well for a career in law, making admission to a reputable law school quite feasible. However, the downside is that you’ll likely need to transition straight into law school after completing your PhD, as most law firms won't offer you a role until you've earned your law degree.
Conversely, if your PhD is in a technical area such as engineering, computer science, or the life sciences you might be eligible for a role as a technical or scientific advisor at law firms with intellectual property practices. This role not only comes with a lucrative salary, but many firms will also sponsor their advisors, allowing you to attend law school part-time without the financial burden, all while earning a paycheck. Better yet, most firms will account for your tenure with them as you pursue your law degree, so once you graduate, you can expect a starting salary considerably above that of a first-year associate.
Who are the Employers?
A ranking of intellectual property law firms can be found here
Application Process
If you're heading straight into law school, the path ahead is straightforward: take the LSAT and apply to law schools. Those with a technical background should pursue roles as technical or scientific advisors. Law firms seeking such advisors typically expect the usual documents: resume, transcripts, a cover letter, and a writing sample. For the writing sample, aim for 4-5 pages, ensuring that you're the sole author (avoid multi-author academic works), and focus on a contemporary issue in your area of expertise.
When selecting law firms to apply to, cast a wide net and aim for at least 20 applications and don’t limit yourself to listed openings. For firms that pique your interest, check their website's "people" section to see if they have technical or scientific advisors on staff. If they do, submit your application materials to the designated contact person typically found in their "careers" section. Remember, persistence is key; don’t be disheartened by setbacks, as there are numerous law firms out there.
If you score an interview, expect a two-part process: an initial phone interview followed by a more comprehensive in-person interview. You likely won’t face intense grilling on legal theories, but you should have a basic grasp of patents and patent protection. The in-person segment may be lengthy, potentially all day, so be ready to engage with a variety of people and showcase your vibrant personality.
Career Progression
Technical and scientific advisors typically must pass the patent bar within one year of employment, with all associated costs covered by the law firm. Upon successful completion of the patent bar, advisors receive an immediate promotion to patent agent. Some law firms offer long-term positions as patent agents, while others may sponsor part-time law school attendance, allowing you to remain with the firm in that role. This topic should be discussed during the interview process. After completing four years of part-time law school, many firms will recognize your previous tenure, enabling you to start as a 3rd or 4th year associate rather than a 1st year. The timeline for rising to partner varies by firm and individual performance, with the average duration being approximately 9 to 11 years.
Work Hours
Law firms mandate a specific number of hours dedicated to client work, referred to as billable hours. Typically, these requirements fluctuate between 1,700 and 2,300 hours annually. To put this into perspective, when accounting for lunch breaks and other non-client-related tasks, 50 hours of work each week roughly equates to 1,760 hours a year. While putting in 50 to 80 total hours weekly isn't unusual for full-time employees, many firms that support part-time law school attendance offer reduced work hours during your studies. For instance, the intellectual property law firm Fitzpatrick, Cella, Harper, and Scinto states on its website that technical advisors can anticipate working approximately 35 hours per week while they pursue their law degree.
Compensation
Although pay will vary depending on the size of the law firm and geographical location, (highest pay will be in firms of 100+ employees in major cities), a reasonable expectation for compensation would be:
$85-95K salary for technical specialists/scientific advisors
$100-115K salary for patent agents (passed the patent bar)
$135-160K salary for first year associates (passed the patent bar and have law degree)
$175-200K salary for third/fourth year associates (passed the patent bar and have law degree)
On top of these salaries some firms will offer bonuses to technical specialists/scientific advisors and patent agents (although the bonus will be lower than bonuses to associates.) At the most generous firms, associate bonuses can range from $10-60K.
Exit Options
Patent agents opting against law school can find viable roles within intellectual property law firms, at the United States Patent and Trademark Office, in technology transfer offices, and within consulting firms focused on intellectual property. Those who pursue a law degree after completing a PhD might be reluctant to leave their rewarding positions at law firms. However, for those who find the law firm environment unappealing, the PhD/JD combination positions them effectively for in-house counsel roles within corporations, particularly in industries connected to their area of expertise. For instance, a PhD in molecular biology would be ideally suited for an in-house counsel role at a biotech company.