Combining a PhD and a JD: A Guide
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| Title: | Combining a PhD and a JD: A Guide | |
| Author: | Timothy Joyce | |
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While there are more and more lawyers with combined degrees as a PhD and JD, the absolute numbers are still few. You may be wondering if the extra schooling would be worth the effort or if jobs will be waiting for you and where those jobs might be after your training is complete. You may want to know how to approach this kind of career option and where you can find the best outlets that utilize both degrees to their fullest extent.
There are actually several areas of law where a combined PhD/JD would be a big asset. Patent law nearly always is an area of legal expertise where both legal and technical/scientific expertise is necessary. Your scientific background will allow you to be more efficient when handling patent issues and you'll be at an advantage when easily handling the various technologies you'll encounter in this growing field of law. Another area in need of both legal and scientific experience is corporate law. Many law firms in this area will market themselves to corporate decision-makers by having at least one member of their team with skills in both law and science. PhDs in chemistry or in molecular biology carry the highest demand when combined with a law degree.
Your expertise in the sciences will, in many cases, carry you about halfway toward your success in patent law. The rest lies in being a good lawyer. You must combine your technical understanding and your writing and communication skills in order to build solid legal and technical claims. You really need to enjoy both the legal and the technical aspects in order to be successful.
Simply getting the education without sound practical experience afterward won't be enough to carry you far into the field of patent or corporate science-based law. In the area of patent law particularly, you won't have the experience to efficiently handle the patent application process with only your education to back you. Try finding a position in a small boutique firm or a company that specializes in intellectual property; allow yourself up to five years to train with them through daily case review and patent application preparation. Larger firms, while attractive later on, won't be able (due to time constraints) to train you sufficiently in the field, and you could easily be lost and disenfranchised in such an organization.
Your combined degree will be attractive to medical corporations, the FDA, regulatory agencies and other science-based corporations, both large and small. The trend in high technology is toward having staff with multiple advanced degrees and several areas of specialization. Major technological advances mean that cross-over degrees, such as combinations of biotechnology with electrical engineering or biotechnology with a computer science background, are particularly attractive. Most legal experts in patent law have initially gotten their PhD, followed by their law degree; however, the opposite is possible as well. Broad-based scientific training will carry you further than if you choose to specialize in a narrower field of science or medicine. The fields of patent law and science-based law are both extremely competitive. It makes sense to go for the combined degree and excel to such a degree that your skills will be undeniably marketable in these competitive areas.
Going all the way toward becoming a patent lawyer may not be necessary if you like the field and have a solid technical background. Alternative tracks include choosing a career as a patent coordinator, a patent strategy and planning coordinator, a patent agent or a patent examiner. For example, as a patent examiner you work for and are trained by the U.S. Patent and Trademarks Office (USPTO) in the examination of prospective patents. It's also possible, in some scientific fields, to obtain only a BS/BA in a scientific firm and finish your training by becoming a lawyer. Many companies are hiring PhDs without a JD for positions in patent strategy and patent coordination and planning. These candidates must pass the USPTO exam and can practice before the USPTO but don't do legal work or infringement work. These kinds of positions are best suited for well-established scientists with at least 20 years of previous experience in the scientific/technological fields.
Do all PhD-level science backgrounds carry the same weight in the legal field? In today's market, that answer would be "no". The chemical and biotechnology fields are more attractive and require a PhD in order to carry the greatest weight. A master's degree in electrical engineering may lead to an attractive career when combined with a JD. Having an MD along with a JD holds little weight in the technical fields, unless you're interested in medical malpractice or in regulatory work. Mechanical engineering, especially at the PhD level, is also less attractive.
If you've found yourself having many years in the field of life sciences and want to try for your legal degree much later, you'll find you are not alone. Many people are changing careers later in life; the experience you will have gained with your PhD alone will give you an edge over those who get their PhD and JD degrees back-to-back and lack the experience of age and practice in the scientific world.
With your combined PhD/JD, you'll have only the basic training you'll need to begin your real education in your area of expertise. It takes years of practice in order to learn how to draft claims, for example, and your schooling won't give you that degree of practice. If you attend a law school that specializes in intellectual property, you'll have somewhat of an edge over others. Some good law schools that specialize in this area include Franklin Pierce in New Hampshire, Stanford University, Santa Clara University and George Washington University. Many of these schools offer accelerated programs that will train you in several areas of IP, including trade marks, copyrights, licensing, trade secrets, patent applications, etc. Experience in all of these areas will make you a knowledgeable and attractive candidate in the field.
Remember also, should you follow the path toward patent law, you'll need to pass two separate bar exams. You'll have to pass the state bar exam in the state you'll be practicing in as well as the federal patent bar exam. Both exams are quite difficult, particularly the patent bar exam, and both have very low pass rates. Getting your training at a non-traditional law school or from a school that teaches you the intricacies of working with intellectual property can be invaluable and can make the difference between passing these exams and failing.
Combined degrees in the life sciences and law will put you among the few who carry the set of skills necessary to excel in patent law and in several areas of corporate law. While you won't likely ever try a legal case in court, your expertise will be invaluable to those who need an individual with a broad-based scientific background, a legal degree and a deeply-ingrained interest in combining these skills in this highly-competitive and fascinating area of law. |
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Timothy Joyce, JD, PhD, MBA, is currently employed as corporate counsel for Agilent Technologies and was formerly a senior attorney at Baker and McKenzie, a law firm specializing in global commerce. He carries a PhD in chemistry, an advanced law degree, his Masters in Business Administration and a Certificate in Accounting. He currently resides in California. |
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Copyright, 2006, Timothy Joyce Published with permission |
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