Private Practice Lawyer: What They Do and How to Become One

Written by LawyerEDU.org Editorial Staff, Last Updated: November 7, 2026

Fact-checked by Jack Levinson

A private practice lawyer represents individuals or organizations through a law firm or solo practice, not a government agency or a single company’s legal department. To become one, you’ll meet your jurisdiction’s legal education and bar admission requirements, typically through an ABA-approved J.D. program and a bar exam.

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Private versus public work is one of the main ways to sort lawyer types. In private practice, you might work alone or at a large firm. Solo lawyers often take a broad mix of cases, while lawyers at bigger firms usually focus on one area, such as family law or real estate law.

What Does a Private Practice Lawyer Do?

The day-to-day work looks like any lawyer’s job. You research cases, draft and file documents, interview clients and witnesses, and argue at hearings. The difference is the business model: most of your work is paid for by clients, so bringing in and keeping clients is part of the job. Many private lawyers also take pro bono cases or court-appointed and legal aid work.

Here are common kinds of cases private lawyers handle:

  • Civil litigation: You represent one private party suing another, often over a contract, an accident, or money owed.
  • Business and commercial work: You advise companies on deals such as mergers and acquisitions.
  • Divorce and child custody: Family court cases are one of the most common reasons people hire a private lawyer.
  • Malpractice suits: You represent a patient who was harmed, or a doctor, dentist, or other provider who’s being sued.

Education Requirements

You’ll need to meet your jurisdiction’s legal education and bar admission requirements, typically through an ABA-approved J.D. program. Most applicants finish a bachelor’s degree first, then spend three years in law school full time or about four years part time. After that, you apply for a license in the state where you plan to practice.

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If you’re still in college, look at pre-law schools and majors. If you’re ready for law school, compare ABA-approved law schools or look at online J.D. programs.

Other Paths to Bar Eligibility

An ABA-approved J.D. is the standard route, but it isn’t the only one. California accredits its own law schools, and California, Vermont, Virginia, and Washington allow law office study instead of law school. Other states may accept graduates of non-ABA schools in limited cases, often after they’ve practiced elsewhere.

Texas and Florida changed their rules in 2026, but neither opened the bar exam to every non-ABA school:

  • Texas: A January 6, 2026 Texas Supreme Court order (Misc. Docket No. 26-9002) made the court, not the ABA, the body that approves law schools for the Texas bar. Its approved list starts with the schools already approved under the old rule.
  • Florida: A January 15, 2026 Florida Supreme Court opinion (SC2025-2064), effective October 1, 2026, lets the court recognize law school accreditors besides the ABA. Any new accreditor must be recognized by the U.S. Department of Education and approved by the court, and none had been named when the opinion was issued.

Graduates of ABA-approved schools still qualify in both states. If you might move later, an ABA-approved J.D. keeps the most states open to you.

The Bar Exam, MPRE, and Character Review

Your state’s highest court, through its bar admission office, decides who gets a license. Most applicants clear three steps:

  • The bar exam: Most states use the Uniform Bar Exam (UBE), and some, such as California, write their own exam. The NextGen bar exam from the National Conference of Bar Examiners (NCBE) began in July 2026 in a first group of jurisdictions. Each state decides whether and when to adopt it.
  • The MPRE: The Multistate Professional Responsibility Examination is an ethics test. NCBE says it’s required everywhere except Wisconsin and Puerto Rico, and Connecticut and New Jersey accept a passed law school professional responsibility course instead. Each jurisdiction sets its own passing score.
  • Character and fitness: This is a background review of your history, such as past debts, arrests, and honesty on applications, to decide whether you can be trusted with clients’ affairs.

A few states offer other routes to a license. Wisconsin admits graduates of its two law schools through diploma privilege, and Oregon’s Supervised Practice Portfolio Examination licenses graduates who complete supervised work instead of the bar exam. Confirm the exam, fees, and deadlines with your state’s bar admission office before you register, since they change.

Keeping Your License

Most states require continuing legal education (CLE), a set number of course hours each reporting period, to keep your license active. Hours and ethics credits differ by state, so check your state bar’s CLE rules.

Job Description and Skills

Expect a lot of desk work, from case research to paperwork and client calls, plus time at the courthouse filing documents and appearing at hearings.

The job takes patience with stressed clients, the ability to persuade a judge or jury, and close attention to detail, because one missed deadline can change a case.

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Starting Your Own Practice

A solo office is a small business as well as a law practice. Two sets of rules matter, and the details depend on your state:

  • Client trust accounts: If you hold client money, such as advance fees or settlement funds, your state’s ethics rules require you to keep it separate from your own. Most states model these rules on ABA Model Rule 1.15, which isn’t binding on its own. Your state sets the details, including IOLTA (interest on lawyers’ trust accounts) participation and recordkeeping.
  • Malpractice insurance: As of November 2026, Oregon lawyers in private practice generally must take part in the Oregon State Bar’s Professional Liability Fund. Idaho Bar Commission Rule 302(a)(5) requires active members who represent private clients to show proof of coverage of at least $100,000 per occurrence and $300,000 a year. Many other states don’t require coverage but make you disclose whether you have it to the bar or to clients.

Private Practice Lawyer Salary and Job Outlook

BLS doesn’t publish separate pay figures for private practice lawyers, or for most practice areas. Its wage figures cover salaried lawyers and leave out the self-employed, so they don’t represent what solo owners earn or what law firm partners take in as profits. Nationally, lawyers earned a median annual salary of $159,670 as of May 2025, according to the Bureau of Labor Statistics.

Wage measureLawyers, May 2025
Median annual wage$159,670
75th percentile$221,370
90th percentile$351,600

Your own income depends on your firm’s size, practice area, location, and, if you own the practice, your client base.

The Bureau of Labor Statistics projects employment of lawyers to grow 5% from 2025 to 2035, faster than the average for all occupations, with about 28,700 openings each year. That projection does count self-employed lawyers.

Frequently Asked Questions

Is a private practice lawyer the same as a private attorney?

Yes. Both describe a lawyer who represents individuals or organizations through a law firm or solo practice, not a government agency or one company’s legal department.

How long does it take to become a private practice lawyer?

Usually about seven years after high school. That’s four years for a bachelor’s degree and three for a full-time J.D., plus a few months of bar exam study after you graduate.

How much do private practice lawyers make?

BLS doesn’t track private practice pay on its own. Salaried lawyers earned a median of $159,670 in May 2025, a figure that doesn’t reflect solo owners’ earnings or partner profits.

Do you need malpractice insurance to open a law firm?

It depends on your state. As of November 2026, Oregon and Idaho require coverage for lawyers in private practice, while many other states only require you to disclose whether you have it. Confirm the current rule with your state bar before you open.

  • Who they work for: Private practice lawyers represent individuals or organizations through a solo practice, a small firm, or a large firm.
  • The path: Meet your jurisdiction’s legal education and bar admission requirements, typically through an ABA-approved J.D. program, a bar exam, the MPRE, and a character and fitness review.
  • Running a practice: State ethics rules govern how you hold client money, and Oregon and Idaho require malpractice coverage for lawyers in private practice.
  • Pay and outlook: Lawyers earned a median of $159,670 in May 2025, and BLS projects 5% job growth from 2025 to 2035.

2025 US Bureau of Labor Statistics salary figures for Lawyers. Figures reflect national data, not school-specific information. Conditions in your area may vary. Data accessed November 2026. National job outlook figures (2025-2035) are from the BLS Occupational Outlook Handbook.

Private practice starts with the J.D. you earn. Compare law programs by ABA approval, which determines whether the degree qualifies you for the bar in most states, and by format if you need part-time or evening classes while you work.

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LawyerEDU.org Editorial Staff
LawyerEDU.org has published guides to becoming a lawyer since 2012. Our editorial staff covers law school, the LSAT, bar admission in every state, and paralegal careers. We work from primary sources: the American Bar Association for law school approval, each state's bar admission office for licensing rules, the Law School Admission Council for admissions, and the NCBE for bar exams. Salary and job outlook figures come from the U.S. Bureau of Labor Statistics. Our fact-checker, Jack Levinson, checks our pages against those sources as each one is updated. Bar admission rules change often, so confirm current requirements with your state's bar admission office. Read our editorial standards. Learn more about our editorial staff.