In a nutshell

Government contracts lawyers “don’t necessarily focus on one area and have to be jacks-of-all-trades,” according to Tom McGovern of Hogan Lovells. They help contractors navigate the regulations and special rules involved with providing goods and services to federal government. They also advise on subcontracts, scheduling and organizational conflicts. Bid protests form the bulk of contentious work, along with disputes involving costs recovery or performance problems, and defending contractors accused of fraud or other misconduct.

Government relations lawyers directly lobby the federal and state government on behalf of a variety of businesses – healthcare, education and defense – on specific legislation or ongoing issues. They promote or oppose new initiatives to Congress or the administration, attempt to persuade government to amend legislation, and try to convince courts to re-interpret laws.

Political law specialists advise on the organization and financing of election campaigns, and help corporations and other groups with election-related activities. On the litigation side they engage in challenges to decisions made by electoral authorities such as the Federal Election Commission.

What government contracts lawyers and government relations lawyers do

Government Contracts 

• Virtually every government agency procures external services, but the Department of Defense is far and away the largest consumer. Other big areas are aerospace, construction, healthcare, Homeland Security, education and IT. 
• When external services or goods are required, the government will issue a procurement solicitation (or ‘Request for Proposal’). The process of procurement and contracting is run by a government official called the Contracting Officer.
• Lawyers help guide potential contractors through the solicitation procedures: pointing out the key risk issues, how the evaluation factors will influence the selection decision and how this contract differs from previous ones. They do not advise clients on how to obtain a contract or how to market themselves.
• Rand Allen of Wiley Rein says: “We advise a lot of companies how to get into the government contracts arena without creating undue compliance risk, for instance by qualifying for a status which will minimize the intrusiveness of government in their business.”
• Government contracts tend to use 'boilerplates' or standardized terms and conditions. There is not as much room to negotiate the requirements which form part of the contract as there is in a commercial setting. Lawyers negotiate subcontracts and teaming agreements between contractors.
• After the formation of the contract, lawyers act for both plaintiffs (the disappointed bidders) and defendants (the awardees) during bid protests. A typical bid protest challenges the award of a contract at an administrative forum, the Government Accountability Office (GAO) or the US Court of Federal Claims. These cases are resolved over a period of about three months, which means associates don’t get bogged down for long periods in document review. The GAO is required by statute to issue a ruling within 100 days. Plaintiffs have ten days to put together protest documents, and government agencies have 30 days to respond. CFC proceedings take about the same time, sometimes slightly longer. Associates prepare drafts of protest filings and identify applicable legal precedent. This involves close scrutiny of the original Request for Proposal, the government agency’s award decision and the proposals and negotiation responses submitted by both the awardee and the protester.
• There are also disputes over the performance of existing contracts. Lawyers represent contractors in alternative dispute resolution or litigation in front of the Armed Services Board of Contract Appeals, the Civilian Board of Contract Appeals or the Court of Federal Claims.
• Lawyers also defend contractors against allegations of fraud, waste and misconduct under various federal criminal and civil statutes, including the False Claims Act.
• Lawyers also act in litigation between prime contractors and subcontractors in federal and state courts.

Government Relations 

• Government relations lawyers are approached by clients from all industries who believe a certain piece of legislation will benefit or harm their business, in order to get it promoted or changed.
• The service that government relations lawyers provide involves “analyzing laws, writing memoranda to clients advising on legal provisions – telling them what their responsibilities are under new legislation – and preparing advocacy pieces for hearings,” Nick Allard, chair of Patton Boggs’ lobbying, political and election law practice, tells us.
• Besides advocacy there’s legal research into current statutes, drafting of proposed rules and legislation, and drafting of clients’ comments on legislation.
• Government relations lawyers are a link between their clients and politicians and administrators. But Nick Allard wants us to clear up a misunderstanding: “Lobbying involves so much more than this image people have of the glad-handing door-opener. That is not interesting or high-end work. What we do is analyze, advise and advocate. We seek to understand our clients’ business, their mission and what they want to accomplish.”

Realities of the job

• All government activities are in the public domain and are limited by legislation from the Constitution downwards. The rules for government contracting are more extensive than those for regular commercial contracts. Federal Acquisition Regulation (FAR) is the principal set of rules which governs the process.
• In 2009 the 100 largest contractors had signed over $290 billion worth of contracts with the federal government.
• The workings of government are on the whole more complex and convoluted than those of corporations. Besides budget there are other things to be concerned with: public opinion, the views of stakeholders and statutory requirements. And everything is under public scrutiny.
• Practitioners say bureaucracy is not a major hindrance. Rand Allen of Wiley Rein tells us: “Over the years you begin to appreciate what moves a bureaucracy and how to frame information so it will motivate the Contracting Officer.”
• Many government contract lawyers have come from previous work in the government or in the military. Judicial clerking can be a bonus and “if you really have your heart set on government contracts, you might want to focus on experience at the Court of Federal Claims,” Tom McGovern of Hogan Lovells tells us. Our sources at Wiley Rein add that “taking administrative law at law school,” “some kind of technology background” and “being comfortable in business and accounting” are also helpful.
• The teams that work on government contracts are necessarily small. “For a bid protest, a protective order is often issued allowing only a handful of people to see the record, so we can’t have 20 people on a case,” Scott McCaleb of Wiley Rein tells us.
• Lobbyists’ main clients include corporations, trade associations, universities, healthcare institutions, states and municipalities.
• There is also pro bono lobbying work for charities and other nonprofit organizations.
• It is usually easier to shoot down a planned bill than to get one passed.
• The famous ‘revolving door’ relationship between the administration and lobbying shops provides lawyers at all levels with the opportunity to work in-house for the government.
• Nick Allard of Patton Boggs gives some advice on how to get into the government relations world: “Take legislation and regulatory courses, get involved in a political campaign, consider government service on the Hill or in an agency. And I think you need to be more of an extrovert and a people-person, because you have to make connections with people in government.”
• Government lawyers are also active at the state level. Smaller state-based firms – grouped together into the State Capital Global Law Firm Group – advise on business regulation, ethics codes, campaign finance and state government procurement.

Current issues

• The economic downturn has put more pressure on companies to try to reverse or avoid bad results, leading to an increase in bid protests. In addition, budget cuts will lead to more competition for government contracts –“people will fight harder so there will be more protest activities,” according to Rand Allen of Wiley Rein.
• The war on terror and the wars in Iraq and Afghanistan have caused defense and Homeland Security procurement to balloon. Changes in the administration’s counter-terrorism and military policy may change the need for procurement in this area.
• New legislation which the Obama administration is introducing to regulate the financial services, healthcare and energy industries is creating large amounts of legal advice work.
• President Obama has introduced legislation to make lobbying more open, transparent and accountable. Among other things, that includes reforming the processes governing Freedom of Information Act requests and tightening rules of conduct for executive branch employees. The Open Government Directive is an important piece of legislation in this respect.
• The Recovery Act and other government stimulus packages have made large sums of money available to support businesses. Businesses applying for support from these funds seek the help of government relations lawyers. Nick Allard of Patton Boggs tells us: “It’s not some kind of financial manna from heaven. You have to go wrench it out of their hands and know what the consequences are.”
• The public policy arena is more and more technically regulated and more demanding than ever before. With thousands of voices clamoring for attention – there are 17,000 professional lobbyists in DC – lawyers are increasingly in demand as lobbyists because of their perceived integrity, knowledge and reliability.
• Public policy is increasingly influenced by decisions and activities at an international and multistate level. This means it’s not just important to lobby in Washington, but also to convince international organizations and overseas governments of the merits of a policy.
• Technology is having a major impact on the relationship between government, the public and corporations. The amount of information provided online is driving up the quality of counseling and advice demanded from lawyers.

What top government contracts and government relations lawyers say

Rand Allen, partner and chair of government contracts, Wiley Rein

“There is a relatively small Bar and you deal with the same people regularly on the other side. That generates more comity and less hostile behavior than some lawyers are used to.”

“I have worked here for 30 years and I still learn something new every day – like government agencies that I didn’t know existed.”

“On the regulatory front there has been a lot of rhetoric from the administration – about transparency and openness – but there haven’t been many dramatic regulatory changes affecting government contracts.”

Nick Allard, partner and chair of the lobbying, political and election law practice, Patton Boggs

“Most traditional law practices involve wrestling with questions of what the law is. Most of our practice involves the question of what the law should be.”

“Law firms who lobby are not selling access, they are selling skills. They are litigators being advocates in a broader array of arenas. The public policy arena is every bit as difficult to navigate as the courtroom.”

“The public policy process is never ending. Anything that is done can be undone.”

“I would encourage law students to consider a career in this area because it’s interesting, worthwhile and you can make a difference. I love it all.”

Tom McGovern, partner, Hogan Lovells

"In representing Rutgers University in a dispute with the US Navy over a sonar invention, I had to learn all about piezoelectric polymers. On other cases, I’ve learned about helicopter flight controls and the efficacy of cancer medications. The federal government buys virtually everything. So, if you have intellectual curiosity, this area presents a great opportunity to learn.”

“Bid protests are intense and there is a lot that must be absorbed in a short timeframe. If your eyes glaze over when reading a detailed technical or cost proposal, this is not the area for you.”