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Warning:

This article is more than 45 days old. Given the speed at which the technology world moves, this post is probably somewhat out of date. Please keep this in mind when reading the post. If this is a tutorial, please check whether you are using the same versions mentioned in the article.

Did you hear the one about the lawyer and the software engineer?

phosita points to a post claiming that software engineers are stupid - at least when compared to lawyers.

The author's underlying premise is that the legal profession has a high barrier to entry that, in turn, guarantees high salaries.

Each step is a filter.  For example, only 66% of students finish high school.  Fewer complete a university degree.  Even fewer are admitted to law school, and even fewer complete it.  30% of law school graduates are going to fail the bar exam, and only about 10% of these students will land a job at a good law firm.  Finally, only about 20% new associates in a good law firm are likely to make partner.

As a result, very competent people who could certainly serve as excellent lawyers are barred from giving legal advice to anyone (for example, Bill Gates, Richard Branson, Michael Dell, and Rush Limbaugh).  Also, the legal bar has an adverse effect on minorities, limiting the number of minorities available to serve as potential judges and legal advocates.  But, these restrictions to practice keep legal fees at a healthy $300 per hour.

It is important to recognize the point he makes in the second paragraph above: while proving to be an effective barrier to entry, these filters largely test a person's work ethic and commitment, not their intelligence. Sure, you have to be reasonably intelligent to get through law school and pass the bar, but there is a reason the legal profession attracts the super Type A personalities. As someone who is both a part-time law student and a software engineer, I've encountered many more people I would consider "brilliant" in the technical world than in the legal world.

I think the legal profession is the "now what?" choice for a lot of people. Many (not all, of course) end up there because they don't know what else to do and, unlike many other advanced degrees, doesn't require a specific background.

If you want to go to medical school, there's a rigid program that you take the minute you enter college. And if you happen to party to o much during your freshman year and bomb Bio, well, you might as well change majors immediately. Similarly, pursuing a Ph.D. in mathematics or computer science or economics would be very difficult without the relevant background.

Law school doesn't have such prerequisites. In that sense, the barrier to entry is lower. Anyone, regardless of your background, can go to and be successful in law school. There are no subject tests on the LSAT.

Of course, the point he's making is that there are no barriers to entry for a software developer. He may be right in terms of formal barriers, but I have to disagree that "anyone" can be a software developer. Like many of you, I started programming at a young age. I probably learned as much through experimentation and developing on my own than I did in my formal education. Creativity, technical knowledge, and problem-solving are all critical to being a software engineer.

By contrast, the nature of the law is following precedent. Generally, I would say there is little "innovation" (by design) and, in many aspects, originality and creativity is frowned upon.

I was actually discussing this with my girlfriend the other day. Lawyers really have a great racket going. Their higher salaries are a direct result of an artificially limited supply and speak nothing about quality. Then again, developers will generally make a very nice living without working 100 hour weeks or shelling out $100k for a degree.

Maybe the software engineers aren't stupid after all.

(Oh, it seems Scoble picked this one up too)


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TrackBack said:

March 14, 2005 12:41 PM
 

Wallym said:

I disagree. The problem with software development is that there is no formal barrier to entry. It is too easy for someone to put a sign up on there door and declare that "They is a softwur develupr." I have a BS and MS in electrical Engineering specializing in computer architectures. I have written articles and books. Too many customers look at the cost as oppossed to the capabilities of people. I guess that is why most projects fail.
March 14, 2005 4:35 PM
 

Tim Marman said:

My point is that the filters "protect the institution" more than weeding out based on capability. Just because someone passes all the tests doesn't mean they're going to be a good lawyer, as evidenced by all the shoddy lawyers out there.

And the fact remains that all too often people value cost over quality. This is not a problem exclusive to the software industry - hell, even when dealing with their homes, people will often take the lowest bid at the sake of quality, and this is where they have to live. You can use professional certification to shift the supply curve and thus raise average salaries, but you can't control their priorities.

Higher cost != higher quality. Formal education and certification may be an INDICATOR of quality, but it is not a necessity for quality.
March 14, 2005 8:06 PM
 

Wallym said:

My point is that a formal certification process, much like exists for lawyers and doctors, would be a good move. Not having a formal certification process is limiting the software industry by allowing people of low quality to practice a job which they do not have the skills. While Michael Dell Bill Gates, and many others can not proactice law and give formal legal advice, they can be software developers based on nothing more than their statement that they are a software developer. Having requirements for software certifications that were required to practice the job would be a positive move forward for the industry. Lawyers and doctors are formally licensed by states, and I believe that software developers should be also. SD should be more professional, not less, then lawyers and doctors.

As for cost, the problem is not that cost is the driving factor. The problem is that the business decision makers do not know how to quantify skills. As a result, they look at who is the cheapest, not the best. The analogy to homes is not really a good one (sorry, but the rest of my family developes property and builds mostly $450K+ homes :-) ). When buying a home, it is much easier to know and understand the differences between homes. For example, my father plays tennis with Jim Clayton, the founder of Clayton Mobile Homes. While Jim's homes are really nice, they are still mobile homes and while being cheaper, really aren't in the same quality ballpark with the homes built by my father and others. Jim sold his company for $650 million and change about 18 months ago. he did really well. My father has done really well developing homes. obviously, Jim and my fahter's homes are in different marketplaces.

Well, i hope I didn't get you too mad at me. I have my thoughts. You have yours.
March 15, 2005 5:37 AM