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February 14, 2025

Laurie Caplane

Senior Consultant

Over the past few months, a wave of government attorneys has flooded the lateral market, creating a rare hiring opportunity for law firms looking to bolster their regulatory, litigation, and compliance capabilities. Many highly skilled attorneys—formerly entrenched in federal agencies like the DOJ, SEC, and FTC—are now seeking private-sector roles.

Here’s the issue: these attorneys don’t come with a portable book of business.

For law firms accustomed to evaluating laterals based on their current book of business, this might seem like a dealbreaker. But that would be a mistake. Government attorneys bring value that extends far beyond client rosters—offering regulatory insight, trial experience, solid contacts, and industry credibility that can drive long-term firm growth. The firms that act quickly to integrate them strategically will secure top-tier talent before the market corrects.


A Market Shift That’s Bigger Than Just Numbers

For years, firms have been caught in an increasingly expensive bidding war for laterals, prioritizing partners who firms expect to bring significant books of business. But while revenue generation is critical, firms that rely solely or too heavily on client portability risk missing the bigger picture:

  • The best laterals aren’t always the ones who bring the biggest books upfront.
  • Sustainable firm growth depends on long-term strategic hires.
  • Regulatory shifts and litigation trends often shape client demand more than individual relationships.

With so many former government attorneys entering the private sector, firms have an opportunity to hire top-tier talent—if they rethink their hiring strategy.


Why Government Attorneys Deserve a Place in Your Lateral Strategy

1. They Offer Instant Regulatory Firepower

Many government attorneys helped shape the very regulations your clients must navigate. Their experience working within agencies like the DOJ, SEC, and CFPB gives them an insider’s perspective on how regulatory decisions are made, what enforcement trends to expect, and how clients can best position themselves for compliance.

Smart firms are already leveraging these insights to strengthen their white-collar defense, financial services, and regulatory practices.


2. They Bring High-Stakes Litigation Experience

Unlike many private practice lawyers who focus on pre-trial litigation, government attorneys frequently handle trials, investigations, and enforcement actions firsthand. Many have:

  • Managed large-scale corporate investigations.
  • Argued cases in federal courts.
  • Negotiated settlements with government agencies.

For firms looking to expand their litigation firepower or build out government-facing practice areas, hiring an attorney with firsthand experience in federal enforcement matters can provide an immediate competitive advantage.


3. They Know How Agencies Think—And That’s Invaluable

The biggest advantage of hiring former government attorneys? They’ve been on the other side of the table. They understand:

  • How regulatory bodies make decisions
  • What enforcement actions are most likely to escalate
  • How to interpret vague or emerging regulations before they take effect

That kind of insight is difficult to find and hire—but firms that move quickly can bring it in-house.


Overcoming the Book of Business Objection

It’s true: Most government attorneys won’t bring a ready-made client base with them. But that doesn’t mean they don’t have numerous contacts and won’t build significant revenue in the short and long run.

The key is structuring their integration strategically:

  • Pair them with senior partners in complementary practice areas to generate joint client opportunities.
  • Leverage their regulatory expertise as a selling point for existing firm clients.
  • Position them as thought leaders through client briefings, industry panels, and firm marketing efforts.

The best laterals aren’t always the ones who bring business on Day 1—they’re the ones who build sustainable and significant revenue over time.


How Firms Can Win in This Market Shift

With government attorneys hitting the private sector en masse, firms that take a wait-and-see approach will lose out to those that act decisively. Here’s how to get ahead:

1. Identify Which Practice Areas Need Strengthening

Think beyond your current client roster and ask:

  • Where is regulatory scrutiny increasing?
  • Which practice areas could benefit from insider agency experience?
  • What litigation or enforcement trends will shape demand over the next five years?

Aligning hiring with future client needs—not just immediate revenue—ensures firms stay competitive.


2. Rework Your Evaluation Criteria for Laterals

If “book of business” is your only measure of a lateral’s value, you’re missing the bigger picture. Firms need to expand their assessment to include:

  • Regulatory and litigation expertise
  • Network and contacts within government and industry circles
  • Ability to drive long-term client relationships

The smartest firms aren’t just hiring for today—they’re hiring for the next decade.


3. Act Thoughtfully to Secure the Right Talent

Right now, many government attorneys are navigating a sudden and unexpected career transition. They are looking for firms that can offer stability, clear paths for growth, and an opportunity to apply their skills in meaningful ways.

For law firms, this presents a rare chance to thoughtfully expand practice areas with high-caliber talent. However, as firms begin to recognize the value these attorneys bring, competition for top candidates will naturally increase.

  • Delays in hiring may lead to increased demand and rising compensation expectations.
  • The most well-aligned candidates will secure positions with firms that act decisively and offer clear integration strategies.

Firms that take a proactive, structured approach to lateral hiring now will position themselves for long-term success—while also providing new opportunities for talented attorneys looking for their next chapter.

This is not about taking advantage of disruption—it’s about helping skilled professionals transition into private practice in a way that benefits both the firm and the attorney. Thoughtful, well-planned hiring today can strengthen firms and provide much-needed career stability for attorneys whose paths have unexpectedly shifted.


Final Takeaway: Don’t Let This Opportunity Pass

This unprecedented wave of lateral movement is a chance for law firms to rethink and reposition how they approach lateral hiring. Firms that are willing to look beyond portable books of business and invest in strategic, high-value talent will emerge stronger.

Is your firm ready to capitalize on this market shift? Let’s talk about how to structure a strategic lateral hiring plan that strengthens your firm for long-term success.

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