Finance law is a complex and highly specialized area of legal practice dealing with financial regulations, transactions, and disputes. Having an experienced finance lawyer can make all the difference in navigating high-stakes deals, ensuring compliance, and avoiding costly litigation. But not all finance lawyers are created equal.
With so much on the line, it’s critical to find the right counsel who truly understands complex financial instruments, industry practices, and regulations. The ideal finance lawyer should have extensive experience handling your specific issues, whether that involves securities offerings, mergers and acquisitions, derivatives, secured lending, bankruptcy, investment funds, or any other finance-related matter. They need the judgment to provide sound advice, and the negotiation skills to protect your interests in complex transactions. The stakes are too high to trust just any lawyer.
This article reviews the top criteria for selecting a great finance lawyer. We examine the key practice areas, credentials, firms, states, and profiles of leading practitioners. With the right counsel, you can tackle finance law issues with confidence. Read on to learn how to identify and choose the best finance lawyer for your important legal needs.
Criteria for Selecting Top Finance Lawyers
When searching for the best finance lawyer in the United States, there are several key criteria to evaluate:
Experience. Look for a lawyer with at least 10-15 years of specific experience in finance law. They should have a strong track record handling complex deals, securities offerings, regulatory compliance, and other finance-related matters. Less experienced lawyers may struggle with the nuances of finance law.
Expertise. Choose a lawyer who specializes in finance law and regularly advises major banks, private equity firms, hedge funds, and other financial institutions. General corporate or business lawyers likely won’t have the same level of expertise.
Track Record. Review examples of deals, cases, and transactions the lawyer has successfully handled in the past. A long list of high-value, complex deals indicates capability and expertise.
Reputation. Look for awards, accolades, or recognitions related to the lawyer’s finance law capabilities. Also seek referrals from trusted colleagues in the finance industry. A strong reputation is a sign of exceptional ability.
The ideal finance lawyer will excel across all these criteria, demonstrating extensive experience, targeted expertise, an impressive track record, and a sterling reputation. Checking these factors helps identify truly elite talent.
Top Practice Areas
Finance law covers a wide range of specialized practice areas that require extensive knowledge and experience. Here are some of the top practice areas for finance lawyers in the US:
Securities – Securities lawyers help companies navigate complex securities regulations when issuing new stock or bonds. They assist with IPOs, stock exchange listing requirements, and ongoing compliance. Key skills include knowledge of SEC rules and regulations.
Mergers & Acquisitions – M&A lawyers have expertise in negotiating and executing corporate mergers, acquisitions, divestitures and takeovers. They conduct due diligence, structure deals, ensure legal compliance and close transactions. Deep knowledge of corporate law and financial markets is critical.
Banking – Banking attorneys represent banks and financial institutions. They assist with drafting loan agreements, regulatory compliance, bank mergers and acquisitions, consumer finance disputes and securities offerings. Strong familiarity with banking regulations and laws is essential.
Real Estate – Real estate finance lawyers structure financing for commercial and residential real estate transactions. They represent borrowers, lenders, developers and investors in mortgages, construction loans and equity investments. Key capabilities include real estate contracts and financing documentation.
The top specialists in these practice areas command high demand given the complexity of financial regulations and transactions. Elite finance lawyers excel in their chosen focus areas.
Licensing and Credentials
Becoming a finance lawyer requires extensive education and licensure. The first step is obtaining a Juris Doctor (JD) degree, which typically takes 3 years of full-time study after completing an undergraduate degree. JD programs immerse students in topics like contracts, torts, civil procedure, legal writing and research.
After earning a JD, prospective lawyers must pass the bar exam in the state(s) where they wish to practice. The bar exam is a rigorous two or three-day assessment, testing examinees’ knowledge of state laws and ability to analyze hypothetical legal scenarios. Bar exams are administered twice per year and have pass rates around 60-75%.
Lawyers must also complete continuing legal education (CLE) to stay current on laws and best practices. CLE requirements vary by state, but generally involve around 15 hours of CLE credits each year. Subjects range from ethics to recent developments in finance regulation. CLE keeps lawyers apprised of changing compliance landscapes and emerging issues affecting clients.
Ongoing education, testing, and licensure ensure finance lawyers have comprehensive legal knowledge and analytical abilities to address client needs. The licensure process vets candidates’ capabilities through years of schooling, months of bar exam preparation, and a challenging test.
Large Law Firms with Top Finance Practices
When it comes to finance law, large national law firms have the resources and expertise to handle complex cases and transactions. Here are some of the top national firms with leading finance law practices:
Sullivan & Cromwell LLP
With offices in New York, Washington, DC and other major cities, Sullivan & Cromwell has one of the preeminent banking and finance practices in the country. They represent major financial institutions in regulatory compliance, corporate transactions, securities offerings, and litigation. Their finance lawyers have experience with Dodd-Frank, derivatives, corporate lending, project finance, and more.
Davis Polk & Wardwell LLP
Based in New York, Davis Polk has an elite finance practice advising clients on corporate transactions, regulatory matters, and enforcement issues. They represent all of the major U.S. money center banks. Davis Polk finance lawyers are involved in many of the largest M&A deals, securities offerings, and financing transactions on Wall Street.
Simpson Thacher & Bartlett LLP
Another leader in banking and finance law, Simpson Thacher has one of the largest finance practices among U.S. law firms. Their lawyers have deep expertise in areas like bank regulation, funds formation, financing, and financial services litigation. They represent leading private equity firms and other financial institutions.
Skadden, Arps, Slate, Meagher & Flom LLP
Skadden has one of the top-rated banking practices nationwide, with finance lawyers across offices in Boston, Chicago, Houston, Los Angeles, New York, Palo Alto, Washington, D.C., and Wilmington. They represent major banks, investment banks, funds, and corporations in a wide array of regulatory, transactional, and litigation matters involving banking and finance.
Boutique Finance Firms
Smaller specialized finance law firms often attract top legal talent with expertise in specific areas of finance law. While they lack the vast resources of large mega-firms, boutiques provide partners with greater autonomy and often a healthier work-life balance. Many finance lawyers leave large firms to open their own boutiques focused on a niche practice area.