Expert Opinion: Five Questions for a Public Interest Leader – National Association of Attorneys General

A recurring feature on the blog will be “Five Questions for a Public Interest Leader” – a short interview with a variety of public interest legal leaders including non-profit directors, public defenders, law school administrators, and more. For our third “Five Questions” we turn to the National Association of Attorneys General (NAAG), which includes the Attorneys General from all 50 states, the District of Columbia, as well as the United States Commonwealths and Territories. NAAG works to “foster interstate cooperation on legal and law enforcement issues, conducts policy research and analysis of issues, conducts training, and facilitates communication between the states’ chief legal officers and all levels of government.”

1. A common perception of Attorney General offices is that they are largely or solely criminal prosecutors – what else do attorneys general do?

That’s a common misperception! In fact, in most states, the only criminal work the Attorney General’s office does is appellate work.  Local district attorneys and prosecutors do most of the state’s trial-level criminal work.  In some states, the Attorney General has criminal authority in particular areas (for example, environment or antitrust) but most of their time is spent doing civil work.  They represent the state and its agencies in all court cases (both federal and state courts, at all levels).  They may defend state agencies in contract disputes, employment law cases or suits about state government regulations.  Or, they may represent the state when it sues others–to enforce environmental laws and regulations, to protect consumers, or to preserve competition through the antitrust laws. Or, they may act as “general counsel” to a state agency, helping to draft its regulations and advising it on all legal matters.

2. Do Attorney General offices hire entry-level attorneys straight out of law school? Relatedly, what classes or experience do offices look for in hiring?

Each Attorney General office is different in its hiring practices.  Some (especially the larger ones) recruit at local law schools, while others won’t hire attorneys without some years of experience.  Each Attorney General office has its own standards for new lawyers as well.  There probably isn’t one set of classes that would be helpful, although an interest in litigation and excellent writing skills are useful.

3. What are some benefits unique to working in an Attorney General office?

For those interested in litigation, you will get more experience at a younger age in an Attorney General’s office than in all but the most active law firms.  Plus, state Attorney General offices as a whole are parties in Supreme Court cases more often than anyone but the federal government.  For those interested in public policy, you’ll get to shape it through your work.  For those interested in helping people, you’ll get to protect consumers from unscrupulous cheats, protect the environment from pollution, and make sure the marketplace is working, among other things. Finally, AG offices offer work involving so many different parts of the law that you have more chance to change your specialty over time.

4. For attorneys hired later in their career, what kind of prior experience do they usually have?

It is different in each office.  New state and federal legislation as well as new conceptions of the office have dramatically expanded the powers and duties of the state Attorneys General.  They have become active in such areas as consumer protection, antitrust, toxic waste, child support enforcement, organized crime, and services to the elderly.  Their office and staff structure will reflect AG priorities and key functions for that state.  The most common and important functions of the AG office include control of litigation concerning the state, chief legal officer, opinions, public advocacy, criminal law enforcement, law reform and legislative advocacy, investigative authority and policymaker.

5. Can you give us three tips for law students who might be considering applying to an AG office?

  1. During law school, identify a substantive area of the law in which an Attorney General’s office practices and interests you (such as environmental law, consumer protection, health care) and take classes in that area, write research projects in that area, or work in a clinic program in that area.  You will be able to demonstrate a certain amount of expertise and experience as a recent graduate.
  2. Look to see if there are internships or clerkships at AG offices, and if so, apply for them.  They are invaluable in teaching you about the office and opening the door to permanent employment.
  3. Do your homework on the office–each office has an extensive Web site, which describes what it does and has recent news.

We would like to sincerely thank the National Association of Attorneys General for sharing their time and wisdom with us. If you’d like to  learn more about how Attorney General offices work you should check out the NAAG website, and you can find profiles of state offices on the PSLawNet website (just do an organizational search for “Attorney General”). As always, if you have questions you’d like answered or suggestions for interviews, leave them in a comment here!