TMG’s Take on the Transition to Private Practice
Political appointees in every Presidential Administration return or transition to the private sector at some point. Those who don’t stay until the end face the decision of when. The time for that decision for members of the current Administration should be now. Any delay means being caught in the 2020 election cycle. Appointees who wait beyond 2019 will face immense pressure to stay as the Administration is unlikely to be able to have successors confirmed before the end of the President’s term. Consequently, they may be seen as disloyal and lacking confidence the President will be reelected. For attorneys leaving the Administration private law practice is an option and political capital may be important.
Additional considerations are that it will take time to make the transition, with three to five months as a reasonable prediction. There are exceptions that happen more quickly, but just as many will take longer. They should assume multiple rounds of interviews; including an initial screening, meetings with related practice groups and the Executive or Management Committee, and a probable partnership vote before getting to an offer. Scheduling challenges are the norm, not the exception.
In addition, virtually all firms will request a business plan, often early in the recruitment process. This business plan is frequently the key component of the decision as a firm has to evaluate whether a potential lateral will be a success. Even government attorneys who have been in private practice previously would benefit from the expertise of a recruiting consultant who understands the specifics of what the firms are seeking in today’s market.
Finally, government lawyers need to be sure to follow all ethical rules. Officials who aren’t ready to resign need to be especially vigilant. Even informal meetings with firms or companies can trigger recusal issues. It’s another argument for working with an experienced recruiter with the ability to make discreet inquiries to firms about potential opportunities within the rules and without triggering recusals. Even so, a conversation with the designated Ethics Counsel at a lawyer’s agency is strongly recommended.
The daily grind of public service can make it easy to procrastinate. Unless there is already a decision to push through the coming election and possibly beyond, the time to discover what options are available is right now.
