1. First, Understand the Firm'S Experience and Capabilities
Not all law firms handle government contracts the same way. This is a specialized field where general business litigation experience simply does not translate well. Finding counsel with proven expertise in federal procurement law can make the difference between a successful outcome and a costly mistake.
Track Record and Case History
When evaluating potential legal counsel, ask about their track record with matters similar to yours. Have they represented contractors in bid protests before the Government Accountability Office or the Court of Federal Claims? Do they have experience with False Claims Act investigations or suspension and debarment proceedings? A firm's case history tells you more than credentials alone. Look for concrete examples: successful bid protest outcomes, favorable claim resolutions, or experience defending clients in complex compliance matters. Experienced government contracts attorneys often publish case summaries that demonstrate their depth in specific areas.
Industry-Specific Expertise
Ask specifically about their experience with your type of contract. Defense contractors face different challenges than healthcare service providers. IT companies navigate unique data rights and security clearance concerns. Commercial item contractors must understand FAR Part 12 compliance nuances. Equally important is the team composition. Does the firm include attorneys who have worked within federal agencies? Former government counsel bring invaluable perspective on how agencies think and operate internally.
2. Second, Know the Process before You Begin
Government contracting has its own procedural universe. Understanding the basic framework helps you ask better questions during your initial consultation. The Federal Acquisition Regulation, commonly called FAR, governs most federal procurement. If you work with the Department of Defense, the Defense FAR Supplement adds another layer of requirements.
Pre-Award Stage
Before contract award, legal counsel can review solicitation terms and help you prepare a compliant proposal. Teaming agreements and subcontract arrangements need careful drafting to protect your interests. Your attorney should identify potential organizational conflicts of interest that could disqualify your bid. Staying current with bid protest procedures is essential because the rules shift more often than most contractors realize. Early legal involvement helps you avoid common pitfalls that can sink otherwise strong proposals.
Post-Award and Performance Issues
If you lose a contract competition, bid protests must be filed within strict deadlines. At the Government Accountability Office, you typically have only ten days from debriefing to file. Missing these windows forecloses your options entirely. During contract performance, disputes arise from changes, defective specifications, or terminations. The Contract Disputes Act establishes specific procedures for presenting claims. Understanding these requirements before problems escalate gives you strategic advantages.
3. Third, Evaluate How the Attorney Communicates
Government contracts law involves technical regulations and procedural deadlines that can overwhelm anyone unfamiliar with this world. The best legal counsel explains complex matters clearly without unnecessary jargon. During your consultation, notice whether the attorney listens before advising. Your situation has unique facts that generic guidance cannot address properly.
Building a True Partnership
A lawyer who asks detailed questions about your contract structure, compliance systems, and business objectives is actually gathering the information needed to help you effectively. The most effective attorney-client relationships in government contracting involve ongoing collaboration rather than occasional consultations. Your counsel should understand your business well enough to anticipate issues before they become problems. Response times matter enormously in this practice area. Bid protests have strict filing deadlines and agency inquiries demand prompt attention.
Accessibility during Critical Moments
When an agency issues a cure notice or show cause letter, you may have only days to respond. When a qui tam lawsuit surfaces alleging False Claims Act violations, immediate coordination is essential. The firm you choose should be structured to respond rapidly when circumstances demand urgency. Experienced practitioners in claims and terminations understand that government contracting rarely follows a predictable schedule. Ask how the firm handles after-hours emergencies and who provides coverage when your primary attorney is unavailable.
4. Questions Worth Asking in Your First Meeting
Coming prepared with specific questions signals that you take this seriously and helps you assess whether this particular attorney is the right fit. The right questions reveal more than surface-level competence. They show whether the attorney thinks strategically about your business and has systems in place to support ongoing representation effectively.
Experience and Approach
What percentage of your practice focuses specifically on government contracts? Can you describe a matter similar to mine that you handled recently? How do you stay current with FAR revisions and agency-specific regulations? What is your approach to compliance program development versus reactive litigation? These questions help you understand whether the firm has genuine depth in federal procurement or merely handles government contracts as a sideline.
Practical Considerations
What should I be documenting now to protect my interests later? How do you typically structure fee arrangements for matters like mine? Can you provide references from clients in my industry? Who else on your team would work on my matters? Understanding these practical details helps you evaluate whether the working relationship will function smoothly over time.
5. Moving Forward
Choosing legal counsel for government contracts work is a significant decision. The right attorney becomes a long-term partner who helps you avoid problems before they materialize and advocates effectively when disputes arise. Take your time evaluating options and meet with more than one firm if possible.
Starting the Relationship
Consider starting with a focused engagement such as a compliance review or contract analysis before committing to broader representation. This approach lets both sides evaluate the working relationship before making larger commitments. The investment you make in finding well-matched counsel with strong ethics and compliance expertise pays dividends throughout your relationship with federal customers.
Looking Ahead
Government contracting offers tremendous opportunities for businesses prepared to meet its demands. The regulatory environment continues evolving, with increased focus on cybersecurity requirements, supply chain integrity, and contractor ethics. Having experienced legal guidance helps you navigate these changes while pursuing growth in the federal marketplace. With the right legal guidance, you can pursue those opportunities confidently.
25 Feb, 2026
