To the extent attorneys at the Department of Justice and other federal agencies are on the hunt for post-government job opportunities as the first term of the Biden administration winds down, regardless of whether President Biden wins a second term, in-house teams could be the beneficiaries, executive search firm specialists say. 

At the cabinet level, turnover within the Biden administration is considered relatively stable, with fewer departures than in recent past administrations, but at the agency level a high level of burnout is being reported. In Gallup poll results released in March, a quarter of federal employees say they’re burned out — what an analyst calls an indicator of future attrition. 

“When people are burned out, they’re much, much more likely to leave their agency,” Rob DeSimone, associate principal of workplace initiatives at Gallup, told Federal News Network.

If attorneys at DOJ and other agencies are part of an exodus of federal employees in the coming months, that could be a boon for corporate and other in-house legal teams, especially as organizations ramp up to comply with AI and other evolving regulatory areas.     

“I think more and more companies are looking for answers on how they can leverage AI and what the risks are around leveraging AI,” Brandy Russell of search firm Martin Hawk told Legal Dive. That could open the door to opportunities for federal government lawyers with a strong understanding of technology and AI, said Russell, leader of the firm’s legal, risk and compliance practice. 

A survey of legal chiefs found that they expect emerging issues such as AI to be among the most in-demand practice areas during the next two years, but 70% of general counsel say they don’t have the in-house resources to handle such issues. 

Regulatory work

Federal government attorneys with regulatory expertise could also offer valuable in-house legal support for a mix of other compliance areas, said Deborah Ben-Canaan, a partner and the global practice leader for the in-house counsel recruiting practice at Major, Lindsey & Africa.

She said legal professionals who possess cybersecurity and data privacy expertise are particularly attractive to legal departments, especially as the amount of data companies maintain and must protect keeps growing. Companies are also actively working to comply with new SEC cybersecurity breach reporting requirements. 

The financial services and food and beverage sectors are among those where experience working on regulatory matters would give government lawyers a boost when applying in-house roles, Ben-Canaan said.

“There are a ton of industries where regulatory expertise is really important and helpful,” Ben-Canaan told Legal Dive.

Litigators

Attorneys from DOJ and other agencies who worked as litigators can also effectively highlight their experience when pursuing in-house legal positions that have a regulatory focus, according to Russell.

“Because they view transactions or contract matters from the litigation lens, they have a better, more proactive risk management approach to these issues that they can bring to the in-house environment as well,” Russell said. “I think that's becoming more and more compelling as companies are looking at their potential exposure with respect to some of these issues.”

DOJ lawyers and other government litigators also possess expertise that can help them land in-house litigation roles, such as head of litigation positions, Ben-Canaan said.

She has seen former DOJ attorneys secure head of investigations roles and other investigations-focused in-house jobs as well.

“If you're litigating in the DOJ, coming out and working in investigations in a company is a very smooth transition,” Ben-Canaan said.

Becoming a GC?

Both recruiters said it is rare for a lawyer leaving a federal government post to immediately secure a general counsel or chief legal officer position.

But Ben-Canaan said government lawyers who have managed large teams and proven they have strategic ability may have a shot at landing a GC or high-level in-house post.

“I think somebody coming out as the general counsel of an agency really does have an opportunity to look at a more strategic type of position in-house,” she said.

Russell said companies that have significant interactions with regulatory bodies may desire a candidate who possesses regulatory experience within government for a GC opening.

Additionally, a company for which litigation is a significant part of their legal dealings because of the sector they operate in might seek a legal chief candidate who possesses litigation experience from their time in government, she said.

Russell gave the example of a company with a large docket of product liability cases as one where executive leadership would likely want a GC well-versed in litigation.

As for government lawyers who land in-house positions that are not at the GC level, their government service should serve them well if they seek to rise the in-house ranks, the recruiters said.

Ethics considerations

No matter what type of in-house legal role a government lawyer decides to seek, they are advised to ensure they comply with their agency’s ethics policies.

Depending on the circumstances and status of a job search, an agency’s ethics rules may require a government attorney to recuse themselves from working on matters related to their potential future employer.

Ben-Canaan said she recommends that government lawyers who are seeking to move in-house or to a law firm speak with their agency’s ethics officer early in their job search to ensure compliance with the applicable rules.

“Procedures at most agencies are similar, but you want to make sure you hear it directly from your ethics officer,” Ben-Canaan said.