This is a critical time for senior government officials considering a transition to the private sector. That’s because any delay means being caught in the next Presidential election cycle, which promises to start early for the 2024 election. Appointees who wait beyond the summer of 2023 will face immense pressure to stay on through the election. Departures, even late this year, will raise the likelihood that they may be seen as disloyal and lacking confidence the President will be reelected. For attorneys leaving the Administration, political capital may be important as they transition to private practice.
Additionally, House and Senate staff leadership face a similar dynamic every two years when Congress changes, and particularly so if a Member announces their retirement. While Senate and House recusal and ethics rules differ from agency restrictions, the same considerations concerning the transition to the private sector remain in force.
It’s important to consider 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 who can make discreet inquiries to firms about potential opportunities 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 now.
For more information, please reach out to Dave Ris, Tim Horgan, or Saadia Sultan.
