Practice Pointers

Leaving Federal Service to Start Your Own Law Firm? Here’s What You Need to Know

February 26, 2025

By Kaitlin McGee

More government attorneys are exploring private practice — some by choice, others out of necessity. Whether driven by career shifts, job uncertainty, or the desire for greater control over their work, these lawyers are facing a major transition. It’s a move that requires not just business planning, but also a fundamental change in mindset.

In the past, some government lawyers made this transition to running their own firm as a gradual step toward semi-retirement, using their expertise in new ways through consulting or private practice. But today we’re seeing an increasing number of attorneys asking: Is this the right path for me? How do I make it work?

View Your Work as a Business

For many government lawyers, legal work has been a job, not a business. The idea of selling legal services, setting fees, and attracting clients can feel unfamiliar, even uncomfortable. But the reality is that your legal expertise has value, and if you’re going into private practice, you need to think about your work in terms of who you serve, what problems you solve, and how to position yourself in the market.

Start by asking yourself:

• Who are my potential clients? Individuals, businesses, or nonprofits?
• What legal issues do these clients face, and how can I solve their problems?
• How do I quantify the value of my services?

Shifting your mindset from “doing legal work” to “running a law firm” is the first, and most critical, step in this new path.

The Business Fundamentals

Once you have a clear sense of how your skills translate into a business, you need to establish the infrastructure of your practice. This includes:

• Practice area. Many government attorneys have deep subject matter expertise but may need to refine their focus to align with client needs in private practice.
• Licensure and compliance. Ensure you have the necessary bar memberships and understand any restrictions on your ability to practice in your chosen jurisdiction.
• Business entity and banking. Decide whether to operate as a sole proprietor, PLLC, or another entity, and establish the proper banking accounts (including an IOLTA account if handling client funds).
• Fees. Unlike government service, private practice requires you to determine what your time and expertise are worth. Whether you opt for hourly billing, flat fees, or a hybrid model, your pricing should be both competitive and sustainable.
• Online presence. A professional website, LinkedIn profile, and targeted networking efforts are essential to getting your first clients.

Resources for D.C. Bar Members

If you’re a government attorney thinking about starting your own practice, we’re here to help. The D.C. Bar Practice Management Advisory Service offers:

• A business plan template to help you map out your firm’s structure and finances.
• Basic Training & Beyond, our free, two-day, monthly program covering the fundamentals of launching a firm.
• One-on-one practice management consultations to help you strategize your transition.

You don’t have to navigate this transition alone. If you’re considering making the move, reach out to me ([email protected]) or to Dan Mills ([email protected]) to get started.

In addition, the D.C. Bar’s Legal Ethics Helpline is available to help you understand your obligations under the D.C. Rules of Professional Conduct. For confidential informal advice, call 202-737-4700, ext. 1010, or email [email protected].

As you’re contemplating the transition, take heart that not everyone who leaves the government is cut out for running a business — and that’s okay. If the idea of marketing, client management, and handling the business side of law doesn’t appeal to you, consider whether joining an existing firm or consulting practice might be a better fit.

If you have already left government service for private practice, what challenges did you face and what advice would you give to others considering this path? I’d love to hear about your experience.

Kaitlin McGee is a D.C. Bar practice management advisor.