As President-elect Donald Trump prepares to take office, a wave of uncertainty is sweeping through the federal government, especially within its legal ranks. Legal recruiters report an unprecedented surge in the number of lower-level, career government attorneys seeking private-sector positions, a sign of growing anxiety over potential budget cuts and workforce reductions under the new administration.
While transitions between administrations typically trigger an exodus of political appointees and senior legal officials, this time, the demand for private-sector roles is coming from an unusually high number of long-serving, career government lawyers. Legal recruiters, including Washington-based headhunters Rachel Nonaka and Dan Binstock, say they have seen career civil servants reaching out in record numbers to explore job opportunities in the private sector.
“This transition feels very different compared to the first Trump administration,” said Nonaka, a former U.S. Securities and Exchange Commission (SEC) attorney turned recruiter. “There’s a level of uncertainty and fear that’s unlike anything we’ve seen before.”
Binstock, a recruiter with over two decades of experience, noted that government attorneys are approaching his firm five times more frequently than in past election years. “The level of uncertainty is off the charts,” Binstock remarked. “People are worried about job security, especially with the anticipated changes under the new administration.”
Currently, more than 44,000 licensed attorneys serve in various capacities within the federal government, with approximately one-third working in the Justice Department. While most of these attorneys are career civil servants, fewer than 400 are political appointees. In addition to the Justice Department, many other federal agencies employ legal staff, including the Department of Education, which has around 600 lawyers. Under both the Trump and Biden administrations, the number of lawyers in cabinet-level agencies grew by roughly 2,500.
However, the arrival of President-elect Trump has spurred fears of mass reductions in the federal workforce, particularly as he has appointed Elon Musk and Vivek Ramaswamy to lead his newly-formed Department of Government Efficiency. With the stated goal of improving government efficiency, there are concerns that large-scale budget cuts could lead to significant downsizing.
The fear of budget cuts and job reductions comes on the heels of Trump’s criticism of government lawyers who, during his first term, were seen as obstructing his administration’s agenda. Trump has long accused federal prosecutors of political bias, most notably in relation to the criminal cases brought against him. In particular, he has argued that the Department of Justice, under President Joe Biden, has been politicized and aimed at undermining his administration.
“These prosecutors will be prosecuted. The bad ones. The investigators will be investigated,” said Trump’s nominee for Attorney General, Pam Bondi, during an appearance on Fox News.
As the new administration prepares to take office, many legal professionals are bracing for changes that may include fewer opportunities for government lawyers, particularly in roles that are difficult to transfer to the private sector. Jesse Panuccio, former acting associate attorney general under Trump and now a partner at Boies Schiller Flexner, has suggested that civil servants who oppose the new administration’s agenda may have no choice but to leave.
“If you don’t want to carry out the elected leader’s agenda, there are many excellent jobs available in the private sector,” said Panuccio at a recent Federalist Society event.
Washington, D.C. is home to one of the nation’s largest and most lucrative legal markets, and many departing government lawyers are eyeing opportunities at top law firms and corporate legal departments. With the legal services market booming, many senior lawyers can easily transition to private practice. However, the competition is fierce, particularly for younger lawyers with specialized skills.
Large law firms such as Morrison Foerster are looking for attorneys with niche expertise, such as advising financial institutions on regulatory compliance. For government lawyers who lack experience in commercially valuable fields, however, securing a private-sector position can prove challenging.
“While senior government lawyers with experience in high-demand areas will likely find new roles without issue, junior lawyers with more specialized government backgrounds may struggle,” said Jeff Jaeckel, vice-chair at Morrison Foerster.
In fact, many career government lawyers are not just competing with each other—they are facing competition from their own senior colleagues. “Junior lawyers will likely be competing with their more experienced bosses for private-sector jobs,” Nonaka warned. “Unfortunately, they’re unlikely to win out.”
For many government lawyers, leaving the public sector is not just about seeking a better job or higher pay. It is about job security and the uncertainty of working under an administration that has promised significant cuts to government spending. While some civil servants may be able to transition into the private sector, others may be left facing an uncertain future.
Rod Rosenstein, former Deputy U.S. Attorney General under Trump and a key figure in the Justice Department, pointed out that despite the political upheaval, much of the federal workforce continues its work unaffected by leadership changes. “The work of the department goes on, regardless of who is in charge,” Rosenstein stated. “Most of the mission-critical functions remain unchanged.”
As President-elect Trump’s administration takes shape, the future of many federal lawyers remains in flux, with the prospect of reduced budgets and job losses a real concern. Whether the government will maintain a strong legal workforce or face a wave of departures will depend on the evolving political and financial landscape in Washington.
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