Exploring the Link: How Parental Education Influences Employment Outcomes for Law School Graduates

Rebecca Schmit*

Law school can be a daunting experience for anyone considering attending. From the anticipated long hours of studying, the grades being largely determined by one final exam, and the sheer cost of it all are bound to cause some uneasiness. Yet, the level of uncertainty that a law student feels may differ if someone in their close family unit has also attended law school. A higher level of education, however, impacts much more than just emotions. 

The notion of “continuing education” and “first-generation” students is not necessarily new to the twenty-first century. The term “first-generation” student was first coined by the Council for Opportunity of Education in 1980 but has since evolved in its definitions depending on the institution.¹ The definition that is primarily used by most federal support programs is when a student has parents who have not graduated from college.² These individuals, unfortunately, do not typically fare well in comparison to their “continuing education” counterparts, and this remains true following undergraduate education.³

A study conducted by the National Association for Law Placement in 2021 examined employment outcomes for first-generation law graduates.⁴ This study found that students whose parents specifically held a Juris Doctorate had higher employment rates and were more likely to land bar-required employment after graduation.⁵ The disparities continued in finding that continuing education students’ overall median salaries were $13,000 higher for these JD students.⁶ These salary differences were likely attributed to continuing education students finding employment in private practice more frequently and landing more judicial clerkships than first-generation students.⁷ Even when first-generation law students found employment in private practice, they were more likely to be employed by small law firms of twenty-five attorneys or fewer.⁸ Furthermore, first-generation law students typically found work in clerkships at the state or local level, whereas continuing education students were more likely to hold federal clerkships.⁹ Although these outcomes have been statistically shown, the more pressing question is: why are they happening?

The ultimate difference between first-generation students and continuing education students is what resources they encompass when first entering higher education.¹⁰ These resources can be divided into human capital, social capital, cultural capital, and economic capital. Human capital involves the knowledge, skill, and motivation that a student gains through informal and formal education.¹¹ A first-generation student with low human capital may find it difficult to determine which information they are receiving is important, causing a lack of academic preparedness when entering the collegiate environment.¹² Social capital is defined as “the aggregate of the actual or potential resources which are linked to possession of a durable network of more or less institutionalized relationships or mutual acquaintance or recognition.”¹³ This form of capital encompasses how a student’s social network can benefit their professional opportunities.¹⁴ Cultural capital is defined as “items and experiences that are only accessible to those of a higher status within a given society which provides them the opportunity to explore … experiences that are categorized as elite.”¹⁵ 

Both social and cultural capital influence the status of students within academic institutions by allowing them to form accomplished social networks, engage in more advanced dialogue, and be more comfortable when immersed in elite institutions.¹⁶ These kinds of experiences are more accessible to families that hold considerable wealth or who have members who have also attended prestigious schools, leading to more esteemed employment opportunities upon graduation.¹⁷ This ties in with a student’s economic capital, which touches on the “socio-economic status that a student and their family possess.”¹⁸ Limited access to monetary resources tends to restrict a student’s access to quality education or impacts their ability to be involved in experiential activities and other resources that could help develop their social capital.¹⁹ Finally, first-generation students are more likely to be caring for dependents while pursuing their education. The Law School Survey of Student Engagement found that 11.3% of first-generation students were responsible for either a parent or child for more than thirty-five hours a week, while only 5.2% of continuing education students had this same obligation.²⁰ 

All of the resources most prevalent to continuing education students follow the imagery of a foot race, where students inherit a starting point from their parents.²¹ Those with more privileged backgrounds may experience a higher quality of life, including guaranteed food, shelter, travel, or private lessons, leading to higher cognitive and social development.²² However, other social factors may allow students who hold greater cultural capital to thrive in prestigious fields such as law. When individuals are raised in more privileged households, they may inherit a certain kind of cultural capital that will help them thrive in more prestigious groups.²³ By naturally acquiring manners, etiquette, and vocabulary, these students are not forced to “acquire the cultural cachet to be accepted in elite circles.”²⁴ However, there are ways in which we can combat these discrepancies to ensure a more equitable society overall. 

The best way to give first-generation students a sense of belonging is to address the issue directly.²⁵ This can be done through mentorship experiences, financial support, increasing access to resources, and most importantly, spreading awareness. Mentors can provide support and guidance to first-generation students who may not have received college advice from their parents.²⁶ Schools can also offer programs that provide support for food, housing, and textbooks, as many first-generation students come from low-income backgrounds.²⁷ Lastly, it is important not to shy away from the subject as encouragement for these students can go a long way. Spreading awareness will help create resources for students who are navigating the college application process for the first time, who may have to manage outside obligations to their family, or who experience a sense of imposter syndrome.²⁸ Despite the inequities among first-generation and continuing education students, there is still something that can be done to change the landscape for the future.

*Rebecca Schmit, J.D. Candidate, University of St. Thomas School of Law Class of 2025, University of St. Thomas Law Journal (Associate Editor).

1. Who Is a First-Generation Student?, The Chronicle for Higher Education, https://www.chronicle.com/featured/student-success/student-centric-institution/who-is-a-first-generation-student (last visited Feb. 29, 2024). ↩︎
2. Id. ↩︎
3. Press Release, NALP, NALP Reports Employment Outcomes for First-Generation Coll. Students Fall Below Those of Their Peers, and Disparities In Outcomes By Race/Ethnicity Persist (Oct. 20, 2021).  ↩︎
4. Id. ↩︎
5. Id. ↩︎
6. Id. ↩︎
7. Id. ↩︎
8. Id. ↩︎
9. Id. ↩︎
10. Melissa A. Hale, Guest Post: The Importance of Supporting First-Generation Law Students, LSSSE (Nov. 9, 2022), https://lssse.indiana.edu/blog/guest-post-the-importance-of-supporting-first-generation-law-students/#_ftn1. ↩︎
11. Margarida Da Graca & Lori Dougherty, Barriers, First Generation College Students: Navigating Higher Education, https://scalar.usc.edu/works/first-generation-college-student-/barriers.12 (last updated Nov. 4, 2015). ↩︎
12. Id. ↩︎
13. José Yobani López Sánchez, Not Made for “FGLIs”: Social Capital, Cultural Capital, and the First-Generation Low-Income Experience at Yale University (May 27, 2018) (Senior Capstone Project, Yale University). ↩︎
14. Id. ↩︎
15. Graca & Dougherty, supra note 11. ↩︎
16. Sánchez, supra note 13. ↩︎
17. Sánchez, supra note 13. ↩︎
18. Graca & Dougherty, supra note 11. ↩︎
19. Graca & Dougherty, supra note 11. ↩︎
20. Hale, supra note 10. ↩︎
21. Stephen J. McNamee, The Meritocracy Myth 43, 50–52 (4th ed. 2018).  ↩︎
22. Id. ↩︎
23. Id. ↩︎
24. Id. ↩︎
25. Sánchez, supra note 13. ↩︎
26. 5 Ways You Can Support First-Generation College Students, Code2College (May 9, 2023), https://code2college.org/5-ways-you-can-support-first-generation-college-students/.  ↩︎
27. Id. ↩︎
28. Id. ↩︎