A Career in Health Law

1. A Career in Health Law Peter M. Leibold CEO, American Health Lawyers Association Loyola University Chicago School of Law October 29, 2012

2. 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

3. 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

4. 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 Journal, July 11, 2011

5. 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.”

6. 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.

7. Where is the Good News?

8. 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

9. Where is the Good News?

10. Where is the Good News?

11. 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

15. 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.

16. 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.

17. 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

18. 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 loud

19. 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

20. 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

21. 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

22. Hill Counsel vs. Firm Counsel • In Common • Excellent oral and written communication skills • Willing and able to speak publicly • Negotiation skills • Problem solving orientation • 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

23. 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 non-lawyers • Willingness to work on more mundane contractual and human resources issues

24. 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

25. 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

26. 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

27. 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

28. 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

29. 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.