When the general public thinks of practicing law, private practice may not be the first thing that comes to mind. After all, popular culture tends to feed us criminal court dramas, with high-flying prosecutors taking on smarmy public defense lawyers who will seemingly stop at nothing in their efforts to avoid a conviction. But that’s not entirely what the real practice of law looks like, is it?
Although many attorneys do work in government or in-house roles, private practice remains the dominant career choice for many attorneys. So what is this thing called private practice and how many lawyers are working in it?
In this article, we’ll break down the numbers, and then explore both the benefits and challenges of working in small, medium, and large private law firms
What is private practice?
As someone who was in private practice of one type or another for nearly two decades, I think I can give you a pretty good answer to this question. An attorney in private practice is one who works for a private law firm, as opposed to working for the government, a non-profit, the military, or in an in-house role.
How many lawyers are in private practice?
According to the American Bar Association, nearly half of law school graduates take positions at law firms, with an additional 1% starting their own solo practice right out of the gate. That said, recent surveys of lawyers show that as many as three-quarters of lawyers are currently in private practice.
With such a large percentage of lawyers working in private firms, we thought it might be interesting to take a look at the different types of firms operating in this manner.
Solo and small firms
For purposes of this post, we’re going to define a small firm as one having fewer than 30 attorneys. Perhaps surprisingly, some 40% of small-firm attorneys actually work in a solo practice. The next largest group (20%) are in firms with two to three attorneys.
Small firm benefits:
Autonomy & control
For many, the biggest draw of the small private practice is independence. Small firm attorneys often choose their own clients, set their own schedules, and control their caseloads. While this can be a double-edged sword – since more control also means more responsibility – many attorneys find the ability to shape their careers worth the trade-off.
Entrepreneurial drive
Some lawyers are drawn to the business aspect of running a law firm. From branding and marketing to client relations and financial planning, smaller practices allow attorneys to develop skills beyond legal analysis and advocacy. (Spoiler alert: this can also be a drawback to small firms. See below).
Career satisfaction
Many private practice attorneys report higher job satisfaction compared to their peers in other legal fields. Without the pressure of meeting back-breaking billable hour quotas or answering to corporate stakeholders, some attorneys find that private practice provides a more fulfilling and client-focused career path.
Small firm drawbacks:
Financial uncertainty
Unlike BigLaw associates who receive a steady paycheck, small firm attorneys – particularly solos – often face irregular income and cash flow issues. Client payments can be unpredictable, and without the backing of a large firm’s financial cushion, small firm lawyers must budget carefully to avoid financial strain.
Wearing too many hats
In small firms, attorneys are often their own office managers, marketers, and accountants in addition to practicing law. Solos handle a dizzying array of tasks – all without dedicated support staff. While some firms mitigate this by outsourcing administrative tasks, the business side of law practice can be overwhelming for attorneys who just want to focus on legal work.
Business development pressure
One of the biggest misconceptions about small firms is that clients will automatically appear. The reality is that small firm lawyers must actively market their services. Since law schools rarely teach business development, many attorneys struggle in the early years of private practice learning how to attract and retain clients.
Mid-size law firms
Mid-size law firms are a broad category – comprising firms with between 40 and 200 attorneys. Often, these are regional firms that have a big presence in a particular state or locale. Not surprisingly, these firms are frequently seen as the best of both worlds – not so big that a lawyer feels lost in an endless sea of colleagues, but big enough to provide some of the perks of a larger office.
Mid-size benefits:
Substantial experience
Depending on the firm, young lawyers generally get substantive experience relatively early in their career. The very day I learned I’d passed the bar exam, for example, my regional firm arranged a private swearing-in ceremony and flew me across the state to take my first deposition. That’s generally not the type of thing that happens at small firms or even at BigLaw.
Community
Given that mid-size firms are often regional, they tend to be good community stewards. Firm lawyers may have the opportunity to provide pro-bono work to local nonprofits, sponsor little league teams, and serve business owners who have a direct impact on the local economy.
Collegiality
It may seem hard to imagine forging deep relationships with 200 attorneys, but when all of those people are working under one roof, you really do have the opportunity to develop strong personal and professional bonds. And even if you’re not everyone’s best friend, lawyers in mid-size firms tend to recognize and respect everyone that practices under the same banner.
Mid-size drawbacks:
High expectations without BigLaw salaries
Mid-size firms often expect attorneys to work long hours and handle complex cases, but they don’t always offer the same eye-popping salaries and bonuses as BigLaw. This can make it harder to justify the workload.
Competitive path to partnership
Mid-size firms generally offer better chances for partnership than BigLaw, but the path can still be highly competitive. Some firms have equity and non-equity partnership tiers, making it difficult for attorneys to advance to full equity status where they share in firm profits.
Pressure to bring in clients
Mid-size firms may not have the massive marketing budgets of BigLaw, which means that lawyers – especially mid-level associates and junior partners – are expected to generate business. This can create stress for attorneys who prefer to focus on legal work rather than business development.
BigLaw
It’s probably safe to characterize BigLaw as “everybody else” – i.e., firms with more than 200 attorneys and that typically have offices in multiple locations. Indeed, one of the biggest law firms currently headquartered in Chicago has 74 offices worldwide and employs over 6,500 attorneys.
BigLaw perks:
Global practice
If you have an interest in international law and policy, BigLaw is a great place to be. As noted, many of these firms have multiple offices with thriving practices located in several countries throughout the world.
Prestige
Let’s be honest, there’s a lot of prestige that goes along with practicing in BigLaw. For starters, these firms typically only hire the best and the brightest from the top schools in the nation. They also typically provide the highest salaries right out of the gate. Additionally, lawyers practicing in BigLaw will find themselves working for incredibly famous clients – in fact, a typical BigLaw client list might include celebrities, name brand businesses, and governments across the world.
Lifelong credibility
Once you have a BigLaw firm on your resume (assuming you survive there for a period of years, that is), you will likely find it easier to find jobs in the future. These may include highly sought-after in-house gigs, government appointments, or even smaller firms that will be more than happy to tout your experience in an effort to woo clients.
BigLaw drawbacks:
Intense billable hours
One of the biggest challenges in BigLaw is the high billable hour expectations. Many firms set targets of 2,000 to 2,200 billable hours per year, which translates to at least 60-70 hours per week when factoring in non-billable tasks.
High attrition rates
Few attorneys stay in BigLaw for their entire careers. Many associates burn out after a few years and transition to in-house roles, government jobs, or smaller firms with better work-life balance. Firms often expect high turnover and structure their business model around a revolving door of junior associates.
Limited control over work
Unlike solo and small firm attorneys who may have some say in their work, BigLaw associates often have no input on the work assigned to them. This can mean spending years doing document review, due diligence, or research-heavy tasks before gaining and kind of substantive experience.
Conclusion
Without a doubt, private practice remains the dominant path for many attorneys. Depending on where you land, your job may offer autonomy, financial potential, and career satisfaction.
That said, each firm type presents unique challenges – solos juggle business operations, mid-size firms balance workload and partnership goals, and BigLaw demands grueling hours in exchange for prestige.
Success in private practice requires strategy, resilience, and a willingness to adapt. Whether seeking independence, stability, or high earnings, choosing the right path comes down to personal priorities and long-term career vision.
