The slow but steady increase in the unemployment rate over the past year reflects the difficulty many are having in finding new employment or switching to a new position. This is perhaps nowhere more evident than in the legal field, where a significant influx of attorneys who were previously federal employees has added a bonanza of experienced legal professionals to the pool of potential hires. While this deluge of former government workers is great news for law firms and state and local governments, it means added difficulty in vying for coveted jobs in an already ultracompetitive field.
Data released by the U.S. Office of Personnel Management (OPM) shows that almost 8,600 attorneys left federal agencies between the beginning of the second Trump Administration in January 2025 and November of last year. With only a little over 2,000 of those legal government employee positions filled by new hires, the federal government has struggled to keep up with case loads and appointments.
The public sector’s loss is proving to be a gain elsewhere, as former civil servants find new homes in private law firms, attorneys general's offices, and as prosecutors. Is this exodus from federal employment an aberration, or has the tradition of the “best and brightest” vying for positions in civil service as part of the U.S. government become a thing of the past?
It’s a Job for Life, Until It Isn’t
It’s common for cabinet positions and similar roles to turn over when there’s a change in administration, but it’s unusual to encounter significant upheaval among attorneys and other legal professionals working in the executive branch. Lawyers working in government services are often in for the long haul and retained as the baton of command passes from one president to another.
President Donald Trump’s second term has departed from the norms in how it approaches those working full-time government jobs. The White House, along with Elon Musk’s Department of Government Efficiency (DOGE), used executive orders to significantly shrink several federal agencies. Through layoffs, reduction in force (RIF), retirements/buyouts, and resignations, these workforce reductions have sent many former government employees into the job market.
The job cuts were deep at agencies like the Department of Education (DOE), the Department of Housing and Urban Development (HUD), and the Department of Veterans Affairs (VA), but perhaps nowhere was the effect more keenly felt than at the Department of Justice (DOJ). The Civil Rights Division lost between 70 and 75% of its attorney workforce, with very few replaced as of this writing. Overall, the DOJ has seen a net loss of about 8,900 employees, including more than 2,500 lawyers, according to OPM figures.
As the nation’s lawyers, DOJ staffers are expected to be nonpartisan in their public service. The White House's rhetoric calling for a restructuring of the DOJ to align with the administration’s policies led to a drastic reduction in the department’s legal staff. DOJ attorneys resigned in protest over cases such as the dismissal of corruption charges against Eric Adams or being ordered to investigate the widow of shooting victim Renee Good. Others were fired for not following directives, for having prosecuted January 6 rioters, or for other reasons related to RIF measures.
All those former government attorneys had to seek work elsewhere. The result is a shifting of the legal workforce into the private sector.
Bad News for Job Seekers and Criminals Facing State Charges
Cleaning house in executive branch agencies has increased job competition among attorneys in both the private sector and at the state level, but in addition, many of those added to the mix also have desirable experience, which has seen them quickly snapped up. Research shows that in 2025, 1,129 former federal lawyers were hired by the 200 largest-grossing firms. Those lawyers made up roughly 7% of the lateral hiring pool, up from about 4–5% in prior years, indicating a significant increase.
Combined with a marked reduction in recent graduates from prestigious law schools opting to eschew careers at the DOJ, the addition of former government lawyers means fewer jobs are available in the private legal field. It also makes landing positions in some state governments more challenging, as vying for a prosecutor’s position can be difficult against someone with years of federal experience putting people behind bars.
Meanwhile, the federal government is having issues replacing attorneys (and immigration judges) who are no longer in its service. With the federal legal system already experiencing significant delays, any prolonged inability to restaff necessary positions could further slow things down.
Related Resources
- What Does a Government Lawyer Really Do? (Findlaw’s Learn About the Law)
- Going From Government to In-House: Tips and Warnings (FindLaw’s Practice of Law)
- Picking a Direction After Law School (FindLaw’s How To Find a Legal Job)
