Understanding attorney compensation can be complex, as it varies widely based on factors like experience, location, and type of employer. This guide provides a detailed overview of attorney salaries, focusing on the factors that influence earning potential.
Attorneys in the United States can be compensated under different pay scales. For example, attorneys working in U.S. Attorneys’ Offices are often paid under an Administratively Determined (AD) pay scale authorized by Title 28, U.S. Code. Other attorneys, except Assistant U.S. Trustees (who have a separate AD pay plan), are compensated under the General Schedule (GS) for federal employees, authorized by Title 5, U.S. Code.
Federal salaries are also affected by geographic location. Attorneys working in high-cost-of-living areas receive a percentage of their base pay as “locality pay.” The Office of Personnel Management (OPM) publishes annual GS salary tables that detail base and locality pay for various geographic regions. Salary ranges for Assistant U.S. Attorneys differ from the GS salary for each location and are graded based on experience and level of responsibility. If you’re interviewing with a U.S. Attorney’s Office, it’s crucial to review their specific salary information and discuss your requirements with the hiring office.
Experienced Attorneys: Factors Influencing Salary
Starting salaries for experienced attorneys are determined by the hiring office, considering the position’s requirements and the candidate’s experience level and years since graduating from law school. The specific salary range for each attorney position is usually listed in the vacancy announcement.
Entry-Level Attorneys: Honors Program
Salaries for entry-level attorneys in the Honors Program are also set by the hiring office. Honors Program attorneys hired as Assistant U.S. Attorneys follow the salary policies specific to those offices. For Honors Program salaries under the GS scale, qualifications play a significant role:
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Law degree (J.D. or equivalent): Eligible for a GS-11, step 1
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1 year of post-law school full-time judicial clerkship experience: Eligible for a GS-12, step 1
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1 year of post-law school full-time graduate law study (LL.M. or equivalent) or qualifying full-time legal fellowship: Eligible for a GS-12, step 1
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2 – 3 years of full-time judicial clerkships, or a combination of 2 – 3 years of post-law school full-time clerkships, qualifying full-time legal fellowships, or a post-law school full-time graduate law degree program: Eligible for a GS-13, step 1
Image: A visual representation of GS Grade Levels, demonstrating the hierarchical structure of government positions and their corresponding pay scales.
Understanding Attorney Promotions and Salary Advancement
Attorney promotions are typically performance-based and are subject to time-in-grade requirements. Attorneys starting at the GS-11 grade level can potentially reach the GS-15 level in three and one-half years. However, some components may have longer time-in-grade requirements or limit the grade level for non-supervisory attorneys. Meeting the minimum time-in-grade does not guarantee a promotion.
The following chart outlines the minimum time-in-grade requirements for attorneys compensated under the GS schedule:
| Grade Level | Minimum Time-In-Grade for Consideration |
|---|---|
| GS-11 to GS-12 | 6 months |
| GS-12 to GS-13 | 6 months if hired at the GS-12 level; otherwise, 1 year |
| GS-13 to GS-14 | 1 year |
| GS-14 to GS-15 | 18 months (can be accelerated to 12 months, depending on performance and policy of the organization) |
Entry-level attorneys compensated under the GS schedule may be considered for promotion from their current GS level (e.g., GS-11) to the next higher GS level (e.g., GS-12) after serving the minimum time-in-grade and passing or being admitted to the bar in any U.S. jurisdiction.
Attorney Benefits and Services: Beyond the Base Salary
Beyond the base salary, attorneys often receive a comprehensive package of benefits and services. The Department of Justice supports employees both professionally and personally by offering standard Federal benefits and tailored Department benefits.
Federal Benefits: A Comprehensive Overview
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Annual Leave: Attorneys receive a minimum of 13 days of annual leave per year, with the amount increasing based on their length of Federal service. (0-3 years = 13 days; 3-15 years = 20 days; 15+ years = 26 days).
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Sick Leave: Attorneys earn 13 days of sick leave each year, regardless of their length of service. Unused sick leave accumulates indefinitely.
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Paid Holidays: Federal employees receive 10 paid holidays each year, including New Year’s Day, Martin Luther King’s Birthday, Presidents Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans’ Day, Thanksgiving Day, and Christmas Day.
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Health Care Coverage: Attorneys and their families can enroll in various health insurance plans, with the government covering part of the cost. Plans include traditional fee-for-service and prepaid options. Federal employees are also covered by Medicare.
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Health Care Flexible Spending Account: Attorneys can use Health Care Flexible Spending Accounts for tax-deductible expenses not reimbursed by other sources, such as out-of-pocket expenses and non-covered benefits under FEHB plans.
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Federal Long-Term Care Insurance Program: Attorneys can apply for the Federal Long-Term Care Insurance Program (FLTCIP). Approval is based on insurability, and coverage can continue post-retirement.
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Life Insurance: Attorneys can purchase life insurance coverage through the Federal Employees Group Life Insurance (FEGLI) Program, with the Federal government covering part of the cost. The insurance’s face value is based on the attorney’s salary and includes payment for loss of limbs and eyesight and accidental death. Additional insurance is optional.
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Federal Employees Retirement System (FERS): The Federal Employees Retirement System (FERS) includes social security, a basic annuity, and the Thrift Savings Plan (TSP), a retirement savings and investment plan. Attorneys pay full social security taxes and a small contribution to the basic annuity. They can also make tax-deferred contributions (up to 14% of their annual salary) to the TSP, with the government matching a portion (up to 5%). FERS benefits are often portable, allowing attorneys to qualify for benefits even if they leave Federal service.
Image: The official logo of the United States Office of Personnel Management (OPM), the agency responsible for managing the federal workforce and its benefits.
The Earning Potential of an Attorney: A Final Thought
Determining exactly how much an attorney earns requires careful consideration of numerous factors. From experience and location to the type of employer and specific qualifications, each element plays a role in shaping an attorney’s compensation package. By understanding these variables, aspiring and practicing attorneys can better navigate their career paths and maximize their earning potential. It’s recommended to explore resources like the Bureau of Labor Statistics for more detailed salary data and career outlook information.
