About a month ago I posted on this blog a
notice about an opening at my law firm for an attorney to practice Social Security law, particularly to handle cases going to the Appeals Council and federal court. Given the number of Social Security employees who read this blog, it seems clear to me that a few hundred lawyers employed by the Social Security Administration read the help wanted ad or heard about it from someone who did, but not a single current Social Security employee has applied for the job.
I can think of many reasons why an attorney employed by Social Security would not apply: not interested in moving, not interested in private practice, hoping to get an ALJ job, not interested in a job writing briefs, loves current job, etc. Of course, the Social Security Administration does not exist to train attorneys to work in private practice. The agency can take pride in retaining its skilled workforce. Still, it seems surprising that not a single current Social Security employee has applied, even at a time when some idiots are harshly and unfairly taunting Social Security attorneys by calling them "scriveners" or referring to them as "the dregs of the legal profession," largely because many have never made a court appearance. I do not agree in any way with this criticism. Social Security's attorneys have challenging jobs. There are many ways to be a lawyer and working for the Social Security Administration is one of them. I have hired former Social Security employees in the past and may do so in the future.
There was a time in the late 1970s and early 1980s when there was a slow but steady stream of attorneys leaving Social Security for private practice. That is what I did in 1979. That stream has nearly dried up. Not only are Social Security's attorneys not applying for my job, but it seem that almost none of them are applying for other jobs or considering hanging out a shingle.
I have worked for both state and federal government. I live in a state capitol where the dominant employer is state government. I have observed government employees closely for decades. My best answer for why almost no Social Security attorneys are looking at private practice is that government service is particularly attractive to people who value job stability over just about everything else. Private practice involves working for a small entity that cannot offer anything like the job stability of federal service and that makes private practice out of the question for most Social Security attorneys, even though law firms often offer higher salaries, better working conditions and a job that does involve representation of clients, which is the paradigm for the practice of law.
Can anyone give a better explanation?
