By Lisa Stansky

If Americans were ever blasé about elections, the last presidential race changed all that. Yet the headline-making lessons of the Bush-Gore contest are only one reason we live in a particularly interesting time for election law—and election lawyers.

In the world of politics, money doesn’t just talk, it shouts. So it’s no wonder that much of the legal work related to elections concerns what candidates, organizations, and individuals can do with campaign funds. Even so, there’s no monolithic way to explain election law practice. And whatever you do, don’t be blinded by the limelight of big contests when considering your options in the field.

Here are the stories of five lawyers, all of whom practice election law. Their professional lives follow varying trajectories.

Victoria Wu didn’t take the conventional path to her job at the Federal Election Commission (FEC) in Washington, D.C. Although her odyssey may sound idiosyncratic and serendipitous, there’s a lesson for aspiring lawyers who want to enter the field: Work those contacts.

The 1999 law graduate was in Orlando defending insurers in medical malpractice cases. The phone rang. On the other end was Bradley Smith. When Wu was a student at Capital University Law School in Columbus, Ohio, Smith was a professor. The two served on the honor committee reviewing disciplinary complaints against students.

Smith won an appointment as an FEC commissioner and asked Wu to come on board as his executive assistant, one who would provide legal advice. "I think that [serving on the honor committee] was the groundwork for his saying, ‘Maybe I ought to hire her,’" says Wu, a former student member of the ABA House of Delegates who remains active with the association through its Young Lawyers Division.

"I really didn’t know much about the FEC at the time," she says. "I was doing litigation. Election law is a departure from that; it is administrative law."

Some colleagues advised Wu against making the switch. "This is a very boutique area, Vicky," she says they cautioned her. "But I knew it was an opportunity I couldn’t pass up." And when Election 2000 exploded, she knew she had made the right choice: "It was really interesting, I tell ya."

The connection between money and speech is the center of Carol Laham’s legal universe, and the FEC was the springboard that launched her prestigious election law practice as a partner with the Washington, D.C., firm of Wiley, Rein & Fielding.

Laham’s career in election law began in 1984 when she joined the FEC as a staff attorney. During her tenure, she dealt with the guts of election law. "Anybody who wants to do election law for a living should do what I did, work for the Federal Election Commission," says Laham, who also is a member of the ABA Standing Committee on Election Law’s advisory commission. From the time she was in law school, Laham knew she wanted her practice to revolve around the First Amendment, and she saw that election law was the way to go.

Today, Laham advises corporations when dealing with federal and state lawmakers, and she provides legal guidance to companies regarding political contributions, lobbying, solicitation, and the bounds of political advertising. In short, she helps companies figure out who they may give money to, how much, and what kind of advertising comports with the law.

The year 2000 "was the banner year," Laham says. "It was very stressful, but it was very exciting."

There are limits to this exciting legal universe, Laham says. Perhaps only a score of lawyers across the country work full time on election law issues at the federal level, she notes. "It’s a very D.C.-oriented practice."

Yet Laham suggests that students shouldn’t overlook opportunities at the state level, and that even a corporate practice like hers involves increasing amounts of state and local legal issues.

Kenneth Gross also points students toward the link between corporations and politics, the arena he knows as a partner with the Washington, D.C., office of Skadden, Arps, Slate, Meagher & Flom.

"The way to make a profitable practice in the area is to make a corporate practice," says Gross, who serves with Laham on the ABA election law advisory commission. Making a full-time career out of election law is tough going, he says, unless you pursue a corporate practice or sign on with a boutique firm that specializes in the field. Gross points out that California is the best arena for a successful state practice because of the size of the state and the extent of its regulation.

Gross’ practice covers four main areas. In addition to work concerning campaign finance,  lobbying, and the laws governing gifts, gratuities, and entertaining public officials, he advises clients regarding special securities rules related to the issuance of government bonds.

Students with an eye on election law should pay special attention to constitutional law and administrative law. If your school offers a course in election law, so much the better. As for the summer, think about a paid or unpaid position in the political system, whether with an elected official or an election commission. Some experts advise working on campaigns, both to develop contacts and to watch election machinery at work.

State and local elections play an important role in the practice of Daniel Curtin Jr., chair of the ABA Section of State and Local Government Law. A partner with the San Fransicso Bay-area firm of McCutchen, Doyle, Brown & Enersen, Curtin’s practice focuses on land use and real estate development.

For Curtin’s clients, election law comes into play primarily when initiatives and referendums regarding land use appear on the ballot. The focus is on two main issues: whether the initiatives were prepared correctly, and whether the petitions were done properly. "We represent both local governments and developers," he notes.

Mississippi lawyer Benjamin Griffith also has carved out an election law practice on the state and local levels. He litigates Voting Rights Act cases on behalf of counties and gets a fair amount of work regarding election contests around the state. The solo and small firm liaison for the ABA Section of State and Local Government Law cannot stress enough the importance of developing contacts.

Griffith has this tip for students: Become active with the ABA. That "has been an absolute plus for my learning and my networking," says Griffith, who serves on the ABA Standing Committee on Election Law.

The field is not for dabblers, warns Trevor Potter, partner with Caplin & Drysdale in Washington, D.C., and co-chair of the elections committee of the ABA Section of Administrative Law and Regulatory Practice.

"Just as most people wouldn’t think of practicing complex tax law part time, this is a complex area of law," Potter says. "You need to be with a firm with a nucleus of people who are doing this."

Be persistent, Gross says, and don’t be dissuaded by naysayers. "I do believe that if it’s something you’re interested in, you should pursue it," he says. "If I did what people told me to do to become a successful lawyer, I never would have become an election lawyer."

Lisa Stansky (nolawritestuff@cs.com) is a lawyer and freelance writer in New Orleans.

The first place to go to learn more about election law—and to see a roster of lawyers in the field—is the web site for the ABA Standing Committee on Election Law (www.abanet.org/publicserv/election.html). General memberships in the committee are not available, but you can access other information, including a pocket-sized information card the committee designed to let voters know their rights and responsibilities when casting ballots. The site also includes helpful links to various sources on election law.

Next, visit the Section of State and Local Government Law (www.abanet.org/statelocal). For a $10 student membership fee, benefits include a subscription to The Urban Lawyer journal and State and Local Law News, plus the many opportunities for making professional contacts in the field.

Because regulatory law plays a huge role in election law, you’d be well served by taking a look at the Section of Administrative Law and Regulatory Practice (www.abanet.org/adminlaw). Student membership is free. Member benefits include a subscription to Administrative & Regulatory Law News and the Administrative Law Review.

The Section of Business Law (www.abanet.org/buslaw) publishes The Election Law Primer for Corporations, Second Edition, by Jan Witold Baran. Read more about this resource and obtain ordering information by visiting www.abanet.org/buslaw/catalog/5070355.html.