The first is becoming a permanent, full-time employee. That kind of hiring is done along federal civil service guidelines and follows federal job classification guidelines as to salary. The second way is to become a special government employee, the DOJ equivalent of seasonal help. This category is also subject to federal salary guidelines. The third, and perhaps most lucrative way is to be hired as a consultant.
Consultants can only advise the DOJ, however, rather than litigate the case directly.
The head of each DOJ division negotiates consultant deals. Unidentified sources quoted in the The Wall Street Journal have said that the DOJ is already looking for outside help. As part of its usual operating procedure, the DOJ will consider lawyers who have been involved in similar cases. That could give those who had a hand in the state windfall a leg up on the federal competition, assuming they're willing to play for what might prove relatively smaller stakes. This page, and other ASH web pages, may be freely copied and reproduced in print or on other web pages.