Where have all the lawyers gone? Law firms large and small across the country, even those with the strongest and deepest benches, have been asking this question since 2020. Faced with the challenge of a dwindling talent pool, in-house legal teams and firms across the country are resilient and committed, overcoming challenges and obstacles in the challenging legal talent landscape. Steadfast leadership that navigates complexities has never been more critical to business success. Despite a seemingly limited pool of young talent, corporate and outside counsel continue to find innovative solutions to an increasing number of problems.
A decade ago, an uninspired job posting in a legal publication would have generated numerous resumes, many from highly qualified attorneys seeking work, a challenge, or a change of scenery. Today, law firms must marshal extraordinary resources, including even dedicated in-house recruiters. Still, it may take many months to find just one good candidate – who may be hired by a competing firm before an offer can be extended. Firms across the country, both plaintiff and defense, are left pondering – what has happened to the labor market for young lawyers?
At first, the COVID-19 pandemic was pegged as the culprit. The theory was that lawyers, especially two-lawyer families, learned that dinners out and travel soccer were not as rewarding as family dinners and board games, and that many families could simply make do with less. It was also possible that some subset of lawyers, who could afford it, opted to stay home or leave the profession for less demanding work. With COVID relief funds and savings tapped, and the charms and auxiliary expenses of a life unbound by the pandemic returning, one would hope that firms would again be flush with high-quality young-lawyer candidates to make hiring easy again.
While the pandemic undeniably changed many aspects of our profession, it has presented a unique opportunity for creative thinking and fresh perspectives on the future of legal practice. Shifting sands and fluctuating tides can force us to evolve, to focus, to develop more sustainable and supportive environments that will inspire the next generation of legal professionals while reinvigorating those of us who are “seasoned” veterans.
In my 30 years of practice, I never imagined a world where we could credibly and unironically say that there are simply not enough lawyers. To be sure, it is not clear we are there now. A recent ABA survey counted roughly 1.3 million lawyers in this country, a five percent increase from 2013 to 2023. On the other hand, the number of students starting law school has markedly declined in recent years. When I began law school in 1991, there were 176 law schools enrolling 44,050 first year students. That number increased steadily before declining around 2010. Today, although there are now 198 law schools, the 1L population has dropped to an anemic 38,020. I suspect, based on purely anecdotal evidence, that the unique demands of a litigation practice could be causing the limited pool of these young lawyers to seek other career options, making the shortage especially acute for litigation-focused firms.
There is hope, however, that recent reports about a spike in law school applications could be a needed relief to the ails of the dynamic tension we are experiencing. The current trend in law school enrollment shows an increase in applications and admissions of new students. Those students are still three years or more from entering the job market. Whether applications are motivated by the social, political, or economic climate of 2025, it is hopeful that more applications would lead to more students taking on the challenges that legal professions provide.
While billable hours, deadlines, and reports may be intriguing for some, they are not for everyone. That is why, in this time of scarcity, litigation-focused firms may need to take special care to smooth out some of the rough edges and to accentuate the positive aspects of the job, if they are to prosper.
Here are some observations from my three-decade experience as a lawyer.
First, we need to be sure we are affording new lawyers every opportunity to participate in trial, whenever a case develops in that direction. As countless novels, movies, and television shows attest, trying a case to a jury is thrilling. I believe it is the most fun you can have in a suit. But with the attendant cost and increasingly unpredictable risk of an adverse verdict, many corporate defendants and insurers are jury-shy. It is now not uncommon for a litigator to go years without trying a case. Many young lawyers may not face a jury in their first ten years of practice. The result is a collective dearth of trial experience. Perhaps even worse, it also deprives aspiring litigators of the key experience that they have been dreaming of since trial advocacy class. It is no wonder that young lawyers who have no prospect of seeing the inside of a courtroom may grow bored and look beyond litigation for job satisfaction.
One remedy for that is involving as many young lawyers as possible when the opportunity to try a case does arrive. Assisting with pre-trial motions and jury selection, serving as second chair, or even just observing and taking notes for possible appeal issues can go a long way toward demystifying the trial process and providing a taste of the unmatched energy inside the courtroom when a jury is seated. Even if the work is not billable, the investment in experience and boost in morale will surely provide a healthy return.
Similarly, it is important to have young litigators out of the office experiencing the practice of law as much as possible. Docket calls, minor settlements, and depositions (again, even in a non-billed, assisting role) breaks up the monotonous routine of desk-bound research, reporting, and answering discovery – important and foundational tasks to be sure, but certainly not the type of work most lawyers imagined when they dreamed of being a litigator. Going to court for motion hearings is a great learning experience. As valuable as it may be to watch lawyers performing brilliantly, it is equally important to see a lawyer make mistakes and walk out of court to fight another day.
Which points to another rough edge in our profession. One reason litigation can be so stressful is that the stakes are quite high. When partnering with our clients to achieve their legal and business objectives, we strive for perfection. But while no one is perfect, it is the rare lawyer who will admit that.
I will never forget the comfort I found in my fourth year of practice when a much older colleague in the bar remarked to me, in his signature Mississippi accent, “Shoot, Steve, I made every mistake there was to make, twice, because I was too dumb to figure it out the first time.” With the benefit of three decades of practice, I have no doubt that was true. It was an incredibly kind and timely bit of mentoring that allowed me to relax a bit and do my job, knowing that perfection is not a requirement. Along with teaching our younger colleagues how to practice, we can also teach them that it is okay to make mistakes, and that fixing errors is as much a mark of a good lawyer as never making mistakes in the first place.
As seasoned lawyers, we have the immense opportunity to pass along the mentorship we received, to guide the next generation, and to teach them that mistakes are opportunities for growth. An open, supportive environment for young lawyers encourages them to thrive and flourish while learning the ropes of litigation and practice.
A good peer group can teach that lesson perhaps better than anyone. When I started at Galloway over 23 years ago, one of the many benefits was a tradition of Friday cocktails, at the firm’s expense, at the no-frills bar in the basement of our office building. Typically, a group of three to ten of us would find our way there for a half hour or so before heading home. Partners, not as a rule but as a prudent practice, generally did not make an appearance, resulting in a glorious space for the younger lawyers to laugh, complain, commiserate, decompress, admit mistakes, discuss solutions, and generally not feel alone in the practice. The opportunity to unload all that weight accumulated throughout the week rather than bringing it home over the weekend was as beneficial as a vacation and well worth whatever tab a small group of twenty-somethings could run up on a Friday night. It meant the world to me at the time. Younger litigators should be encouraged to find such outlets among their peers. Young lawyer sections of bar associations can provide the same benefits we found all those years ago. The pressure of a litigation practice can be isolating, especially while you are confined to an office, and getting younger lawyers mixing with their peers can be an antidote to that.
Informal, supportive moments – like after-work conversations and networking among peers – foster meaningful relationships and learning experiences. By encouraging these connections, and giving young lawyers the space to try, we nurture a more compassionate legal community where new attorneys can shine.
It is also important to recognize that not everyone is immediately cut out for the practice of civil litigation. Litigation requires a particular set of organizational skills to effectively juggle the dozens or more cases that make up a busy trial lawyer’s docket. For some lawyers, this comes naturally. Others, like myself, struggle mightily. Making and completing a to-do list, organizing priorities, watching approaching deadlines, and executing litigation strategy when your day is truly not your own is an art that may resemble finger painting in the first few years of practice. We shouldn’t assume that young lawyers in firms know how it should be done. Most are facing, for the first time in their lives, a truly busy lifestyle. It is important to anticipate and to recognize that struggle, and to offer tips and resources to manage it. We can also model an effective work-life balance to show that it is possible.
Managing and organizing a full caseload and a healthy life outside of the firm does not happen overnight. It takes time and skill to develop effective time management strategies and adaptive thinking that will benefit us for our entire careers. A small amount of patience can go a long way, and that support bears fruit in the confident practitioners we know they can be.
Looking forward, we can recognize the tremendous potential in the practice of litigation as a profession. Challenges bring opportunities, and we can embrace creative problem solving, new ways of thinking, and advanced ways to nurture and support the next generation of lawyers. Here in St. Louis, the Cardinals baseball team (sometimes) fields an impressive roster on the field, but it is the farm system (ideally) where true player development occurs. Investing in young lawyers is like investing in the firm’s farm system – we may not see returns immediately, but we can develop the talent in house and shape our bench to our firm’s values.
Much like professional teams forming young talent for long-term success, law firms have an incredible opportunity to shape the next generation of legal minds. Developing young lawyers through dedicated time, resources, mentorship, and training is an investment in our firms and in the future of our profession. Investment in young lawyers can be a long-term win for firms so that they continue to grow and remain dynamic in providing client service.
It’s in our hands to foster a culture of growth and collaboration where young lawyers remain inspired and a more dynamic and diverse legal community emerges. By providing meaningful experiences, mentorship, and a sense of purpose, we can have hope that the future of litigators is bright and fulfilling for those who choose it. The rewards may take time, but the investment is invaluable.
It is unclear whether there really are less litigators in the world, even if it feels that way for those of us in the trenches. Whether there is a lasting shortage of trial lawyer hopefuls, or one that is only temporary, we would do well as a profession to recognize the challenges litigators face as we do our best to represent our clients efficiently and effectively.
While we face short-term challenges, we have the potential to shape a future that is rich with opportunity, collaboration, and growth. With continued support and a dedication to fostering talent, the next generation of litigators will carry our legacy with enthusiasm, drive, and purpose.
Stephen Moore is a Director for Galloway Johnson Tompkins Burr & Smith in the firm’s St. Louis office. A version of this article originally appeared for ACC St. Louis.