All three branches of the federal government employ attorneys: the executive (the President and his or her administration), the legislative (the Senate and the House of Representatives), and the judicial.  In addition, the federal government includes many independent agencies such as the National Labor Relations Board, the Federal Communications Commission, the Federal Reserve System and the Smithsonian.  Among the three branches and independent agencies, the executive branch and independent agencies employ the greatest number of attorneys.  In 2008, there were some 97,000 employees with full-time, permanent legal positions with executive and independent agencies.   In contrast, the number of attorney jobs in the legislature – often referred to as “on the Hill” – is smaller, as is the number of jobs with the judiciary.  For more information about working on the Hill, see OPICS Public Sector Practice Area Page: Government/Capitol Hill.

Practice Areas

When most law students think of being a lawyer, they think of litigation – filing and trying lawsuits in court.  But lawyers in the federal government are just as likely to draft and interpret regulations, advise and counsel other federal employees, and write policy.

Litigation – If you know you want to litigate, consider the Department of Justice (DOJ).  The DOJ is the central agency for the enforcement of federal laws and consequently is the main litigating branch of the U.S. government.  The DOJ is composed of headquarters in D.C. and 93 U.S. Attorneys Offices throughout the country.  DOJ hires over 150 recent law graduates every year through the Attorney General’s Honors Program; most Honors positions are in D.C., though a few are in other major cities throughout the country.  Five members of the Georgetown Law Class of 2009 are Department of Justice Attorney General’s Honor Program recipients.  Honors Attorneys work in component areas that range from Civil Rights to the Executive Office for Immigration Review.  Some attorneys at DOJ do not litigate but instead provide advice and counsel; for example, attorneys in the Office of Legal Counsel and the Federal Bureau of Prisons rarely litigate and focus instead on providing analysis and advice.  In addition to the DOJ, attorneys at many other federal agencies are also involved in litigation.  Offices with independent litigating authority include the Department of Labor, Office of the Solicitor and the Securities Exchange Commission, Division of Enforcement.  Finally, the majority of agencies have “coordinate jurisdiction” with the DOJ, meaning that DOJ attorneys initiate all lawsuits and handle any depositions and oral arguments, while the agency attorneys draft the legal papers and provide the subject-matter expertise.

Regulatory – Regulatory lawyers are at the forefront of forming and enforcing new rules.  Agencies such as the Food and Drug Administration (FDA), Environmental Protection Agency (EPA), Occupational Safety and Health Administration (OSHA), and many others are considered regulatory agencies, because they are empowered to create and implement rules and regulations.

Advisory – If you think you would enjoy working with clients to help them comply with the law, you should investigate “attorney advisor” or “counselor” positions.  For example, lawyers at the Food and Drug Administration are divided into “counselors” and “litigators.”  The counselors work on congressional inquiries, Freedom Of Information Act requests, rulemaking and citizen petitions.

Public Policy – Individuals who want to work in public policy should look beyond “attorney” positions.  Agencies that are engaged in a lot of policy work include the Department of State, Department of Commerce, and Congressional Research Service.  An excellent entrée to federal policy-making is the Presidential Management Fellows Program (PMF).  The PMF Program is a two-year fellowship that places over 700 graduate students (including J.D. 3Ls and LL.M.s) in public policy and management positions with executive agencies.  Possible placements include the Department of Defense, the Millennium Challenge Corporation, the Department of State, and the Department of Health and Human Services.  Detailed information is available at the PMF website. 

Where Are the Federal Government Jobs?

Within the executive branch, the agencies with the most attorneys are the Department of Justice, Department of Treasury, Department of Homeland Security, and Securities and Exchange Commission.  Note that there are many jobs filled by attorneys but not classified as attorney positions. One of the biggest challenges for a graduating law student or attorney seeking to enter federal employment is to discover where, in the enormous and intricate bureaucracy of the United States government, he or she will be able to make the best contribution.  From environmental work with the Department of Agriculture to labor law for the Department of Transportation, the federal government offers positions in every conceivable area of law.  To learn about agencies and opportunities, attend OPICS programs about government work; speak with classmates who have interned for federal agencies; and network with some of the many Georgetown alums working in government .

 

Data available on Fedscope, http://www.fedscope.opm.gov/.  “Legal positions” includes attorneys as well as administrative law judges, various administrative and managerial positions, and paralegals.

To locate alumni, utilize “The Network,” Georgetown Law Center’s new online alumni database; Martindale; and The Leadership Library.