Lawyers Should Spend More Time Studying Legal History
There is a saying that those who do not study history are doomed to repeat it. This basically means that if you don’t learn the lessons of history, you may face a similar problem in the future and make mistakes that could have been avoided if you had better knowledge. This certainly applies to the legal profession as lawyers have made missteps and faced challenges that can be instructive for future lawyers. However, legal history is not widely studied and many lawyers may not even be aware of recent events in the legal industry.
History has always been one of my passions. I completed a master’s degree in American history during my senior year of college, and while in law school, I took several legal history courses. Those classes gave me a greater appreciation for how modern law firms evolved and why the legal profession works the way it does. Many lawyers also seem to appreciate legal history and apply the lessons learned to their own situations.
When the financial crisis hit in 2008 and 2009, many large law firms responded with mass layoffs. These layoffs undoubtedly helped firms cut costs during an extremely difficult economic period, but they also carried significant long-term costs. Beyond the obvious emotional toll of cutting off colleagues and friends, many firms find years later that they have created a “missing generation” of lawyers. Entire classes of associates disappeared, leaving firms without experienced mid-level attorneys who would typically have overseen cases, mentored younger attorneys, and eventually become partners. That institutional gap created operational challenges that persisted long after the economy recovered.
When the COVID-19 pandemic disrupted the legal industry more than a decade later, many firms took a different approach. Although some firms reduced compensation or delayed growth, widespread layoffs were far less common than they had been during the Great Recession. Of course, the unprecedented nature of the pandemic and the uncertainty surrounding its duration influenced these decisions. But I also suspect that many firm executives remembered what happened after 2009. They had seen firsthand the long-term damage caused by eliminating large parts of the associated pipeline and were understandably reluctant to repeat that experience. The legal profession benefited from the memory of his story.
The same principle applies beyond personnel decisions. Over the past several months, I’ve spoken with younger lawyers who were unfamiliar with the events that profoundly shaped today’s legal market, including the collapse of Dewey & LeBoeuf, the breakup of some well-known firms, and the mergers that transformed others. Those events weren’t just interesting bits of legal stuff. They changed compensation structures, partnership expectations, conflict practices, recruiting strategies, and the competitive landscape of Biglaw. Understanding why these firms succeeded or failed offers valuable lessons for lawyers and law firm leaders today.
Of course, lawyers already have a lot to keep up with. They must stay current on changes in the law, emerging technologies such as artificial intelligence, evolving ethical obligations and ever-changing customer expectations. But that doesn’t mean the profession should ignore its history.
Lawyers spend their careers studying precedent because they understand that past decisions help guide future outcomes. The same logic applies to the profession of lawyer itself. Firms, business models and personalities may change, but many of the underlying challenges remain strikingly similar from one generation to the next.
Studying legal history will not prevent every mistake. But it can help lawyers recognize familiar patterns, avoid repeating costly mistakes, and make more informed decisions when the next crisis inevitably arrives.
Jordan Rothman is a partner of Rothman Law Firma full-service law firm in New York and New Jersey. He is also the founder of Student Debt Journalsa website that discusses how he paid off his student loans. You can reach Jordan via email at jordan@rothma law.
