A Career in Health Law

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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
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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

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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
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Ideal Attributes
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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
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In Common
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Excellent oral communication skills
Willing and able to speak publicly
Negotiation skills
Problem solving orientation
Responsiveness to clients
Variances
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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
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Attributes
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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
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Excellent oral communication skills
Strong negotiation skills
Synthesize complex issues effectively
Emphasis on explaining legal/policy issues to non-lawyers
Multi-tasking
Variances
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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
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In Common
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Excellent oral communication skills
Negotiation skills
Multitasking
Problem solving orientation
Responsiveness to Board, members, and staff
Variances
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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
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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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