How to Be Historical Preservation Lawyer - Job Description, Skills, and Interview Questions

Jul 16, 2022 / 6 Minutes Read / By Albert

How to Become

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The passage of historical preservation laws has had a profound effect on the way that communities and businesses interact with the past. These laws have been instrumental in preserving historic sites and buildings, ensuring that they will be available for future generations to enjoy. As a result, communities benefit from a sense of local pride and a connection to their past, while businesses benefit from the potential tourism and investment opportunities that may come with the designation of historical sites. Historical preservation lawyers play an important role in helping to ensure that these laws are correctly interpreted and applied, protecting both the interests of local communities and businesses.

Steps How to Become

Obtain a bachelor's degree in history, law, or a related field. Most historical preservation lawyers have at least a bachelor's degree in history, law, or some related field.
Take and pass the Law School Admission Test (LSAT). This test is required for admission to most law schools.
Enroll in and complete a Juris Doctor (JD) degree program. Most law schools will require that you have a JD to practice law in the United States.
Become licensed to practice law in your state. You will need to take and pass the bar exam for the state in which you plan to practice law.
Gain experience in historical preservation law. This can be done through internships, volunteer work, or working as an associate in a law firm that specializes in this field.
Consider earning a Master of Laws degree in environmental or historic preservation law. This degree will give you a deeper understanding of the legal aspects of protecting historic sites and cultural resources.
Join professional organizations related to historical preservation law such as the Alliance for Historic Preservation or the National Trust for Historic Preservation. Being active in these organizations will help you network with other professionals in the field and stay up to date on the latest legal developments.

Historical preservation lawyers specialize in protecting the rights of property owners and communities in regards to historical sites and landmarks. They have an extensive knowledge of the laws, regulations, and policies related to historic preservation and can advise clients on how to comply with their state's regulations. they must have the ability to research relevant case law and precedent in order to provide the best legal advice to their clients.

To be a skilled and qualified historical preservation lawyer, one must have a Juris Doctor (JD) degree, a minimum of three years of experience in the area of law, and extensive knowledge of the regulations and policies related to historic preservation. Furthermore, they must also have excellent communication and negotiation skills, as well as a strong understanding of the principles of property rights and their impact on the preservation of historical sites.

You may want to check Genealogist, Antiquities Curator, and Digital Preservationist for alternative.

Job Description

Draft and review legal documents related to historic preservation projects
Research and interpret laws, regulations and court decisions related to historic preservation
Advise clients on historic preservation laws, regulations, and policies
Represent clients in negotiations with local, state, and federal agencies, including the National Park Service
Negotiate agreements, contracts, and other documents related to historic preservation projects
Prepare legal briefs and other documents related to historic preservation projects
Prepare and present oral arguments in hearings related to historic preservation issues
Provide legal advice regarding environmental impact assessments for historic preservation projects
Represent clients in court proceedings related to historic preservation matters
Advise clients on the management and protection of archaeological resources
Advocate for the protection of historic structures, sites and landscapes
Draft legislation related to historic preservation
Participate in public outreach and education initiatives related to historic preservation

Skills and Competencies to Have

Knowledge of local, state, and federal preservation laws and regulations
Ability to interpret and analyze legal documents
Understanding of the National Historic Preservation Act
Understanding of public and private land use regulations
Knowledge of zoning laws and building codes
Knowledge of environmental law and regulations
Understanding of contract law and land use agreements
Knowledge of cultural resources management systems
Familiarity with archaeological survey techniques
Understanding of historic tax credits and other incentives
Ability to negotiate with governmental entities, property owners, and developers
Ability to conduct research on historical documents, court records, and other sources of legal information
Excellent communication and writing skills
Strong problem-solving skills
Ability to work independently and in a team setting

Historical preservation law is a complex and in-depth practice that involves knowledge of both the historic and legal aspects of a case. To be a successful historical preservation lawyer, one must have an extensive understanding of the law as well as the cultural and historical context surrounding the case. This involves a strong familiarity with both federal and state regulations, as well as an understanding of the political and economic realities that may shape a case.

the lawyer must have excellent research skills, be able to think critically, and have excellent communication and advocacy skills in order to effectively present the case in court. the lawyer needs to be well-versed in the history of the subject matter to be able to effectively argue for the preservation of a building or site. Being able to effectively communicate and negotiate with all parties involved is also key for success in this field.

History Conservator, Museum Registrar, and Historic Preservation Technician are related jobs you may like.

Frequent Interview Questions

What experience do you have working in the field of historical preservation law?
What challenges have you encountered while practicing historical preservation law?
How have you adapted to changing laws and regulations related to historical preservation?
How do you handle disputes between private citizens and government agencies over historical preservation?
What strategies do you use to inform and educate communities about the importance of historical preservation?
How do you balance competing interests when making decisions related to historical preservation?
What techniques do you use to ensure accuracy in historical documentation and records?
What strategies do you use to protect public access to historical sites and artifacts?
How do you use technology to facilitate research and development in the field of historical preservation law?
What measures do you take to ensure compliance with local, state, and federal laws regarding historical preservation?

Common Tools in Industry

National Register of Historic Places. A program of the National Park Service that identifies properties with significant historical, architectural, or archaeological value and provides guidelines to preserve them. (eg: The White House is listed on the National Register of Historic Places. )
Historic Preservation Easements. Legal agreements that permanently protect historic properties by limiting changes to the property that could alter its historic character. (eg: An easement on a historic home may prohibit the installation of new siding or other exterior changes. )
Tax Incentives Program. Federal and state tax credits that incentivize preservation and rehabilitation of historic buildings. (eg: The 20 percent rehabilitation tax credit can be used to restore a building's exterior, as well as certain interior elements. )
State Historic Preservation Office (SHPO) . State agency responsible for administering federal and state historic preservation programs. (eg: The SHPO reviews all proposed changes to properties listed on the National Register of Historic Places. )
State and Local Historic Districts. Local ordinances that regulate changes to the exterior of buildings in a designated area. (eg: Adding new windows to a house located in a historic district may require a permit from the local historic preservation commission. )
Covenants, Conditions, and Restrictions (CC&Rs). Legal agreements between landowners that restrict or limit development to preserve the integrity of an area. (eg: CC&Rs may limit the types of features that can be added to buildings located in an historic district. )

Professional Organizations to Know

National Trust for Historic Preservation
American Institute for Conservation of Historic and Artistic Works
American Bar Association Section of State and Local Government Law
Association for Preservation Technology International
Historic Preservation Education Foundation
International Council on Monuments and Sites
National Conference of State Historic Preservation Officers
National Park Services Technical Preservation Services
Society of Architectural Historians
National Alliance of Preservation Commissions

We also have Public Historian, Historic Preservation Commissioner, and Archival Technician jobs reports.

Common Important Terms

Property Rights. Legal protections that grant an individual or group exclusive use and control over a piece of property.
Preservation Easement. A legal agreement between a private landowner and a land trust, government agency, or other qualified organization to permanently protect land for its conservation, historic, scenic, or open space values.
Historic Preservation. The act of preserving and protecting buildings, sites, and objects of historical or cultural significance.
Cultural Heritage. The traditions, customs, beliefs, values, and artifacts of a particular group of people that are passed down from generation to generation.
Land Use Planning. The process of managing the development and use of land in order to achieve desired goals such as preserving natural resources or protecting historical sites.
Environmental Law. The area of law that deals with the protection of the environment and natural resources.
Zoning Laws. Laws that regulate the use of land in order to promote public health, safety, and welfare.
Tax Credits. A tax incentive given to individuals or businesses for certain activities related to historic preservation or conservation.
Conservation Easement. A legal agreement between a private landowner and a land trust, government agency, or other qualified organization to permanently protect land for its natural resource values.
National Register of Historic Places. The official list of properties in the United States that are considered to be of national historic significance.

Frequently Asked Questions

What is a Historical Preservation Lawyer?

A Historical Preservation Lawyer is a legal professional who specializes in advocating for the protection of historical landmarks and sites.

What are some important aspects of Historical Preservation Law?

Historical Preservation Law involves legal issues such as the protection of historical buildings and monuments, the preservation of archaeological sites, the regulation of land use and development, and the conservation of cultural resources.

What type of legal work does a Historical Preservation Lawyer do?

A Historical Preservation Lawyer typically works on cases involving the protection of cultural heritage sites from destruction or development, the negotiation of preservation agreements between public and private entities, and the enforcement of regulations related to the conservation of cultural resources.

How many years of experience is necessary for a Historical Preservation Lawyer?

Generally, an individual must have at least seven years of experience in legal practice before they can become a Historical Preservation Lawyer.

What professional organizations are available to Historical Preservation Lawyers?

Professional organizations such as the American Bar Association's Cultural Property Law Division, the National Trust for Historic Preservation, and the International Council on Monuments and Sites are available to Historical Preservation Lawyers.