Identifying Risky Lateral Hires: A Guide for Law Firms

 

The Big Question: Can Your Law Firm Do Better?

When assessing lateral hire candidates, the fundamental question to ask is whether your firm can do better. Here are key types of candidates that often pose risks:

1. Multiple Unrelated Practice Areas

Unrelated Practice Areas: Candidates who have experience in multiple, unrelated practice areas, such as entertainment law and trust and estates, often struggle to fit into a specialized role at a law firm. Law firms typically seek specialists who bring deep expertise and a unique value proposition to their practice area. Generalists or those with disparate practice areas may lack the depth needed to excel in any one area.

2. Solo Practitioners Without Business

The Challenges of Solo Practitioners: Solo practitioners without a substantial book of business pose several challenges:

• Job Stability and Performance: Solo practitioners often become solos due to difficulties in securing or maintaining a position in a law firm. Their work is not subjected to the rigorous review and standards found in a law firm setting, which can lead to the development of bad habits.
• Resentment Towards Firm Structure: Solos may resist the structured environment of a law firm, preferring the autonomy they experienced as independent practitioners.
• Client Retention Risks: There is always a risk that solo practitioners will leave and take clients with them, particularly if they have a strong desire to run their own business.

Exceptions can be made for those who have been successful solos after a long tenure in a law firm, but such cases are rare.
 

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See Related Articles:

• Lateral Hiring: Delegating the Search Process to a Professional Firm
• ​Maximizing Your Law Firm's Growth: The Ins and Outs of Lateral Hiring Strategies
• Why Law Firms Should Rarely (if Ever) Hire Lateral Candidates Coming from Practice Settings Other Than an Organized Law Firm

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3. Lack of Law Firm Experience

Inexperience in Law Firms: Candidates who have never worked in a law firm, or those who have been out of a law firm for more than a year, face significant hurdles:

• Lack of Training: These candidates often lack the foundational training that law firms provide. For example, an associate who has only clerked for a judge and never worked in a law firm is unlikely to have developed the necessary skills and work habits.
• Unproven Capability: Without prior law firm experience, there is no assurance that the candidate can thrive in a firm environment, meet high performance standards, or handle the demands of firm clients.

4. Recent Law School Graduates

Insufficient Experience: Candidates who graduated less than a year ago are generally not suitable lateral hires:

• Minimal Training: It typically takes at least a year, often two to five years, for a new attorney to receive sufficient training and become effective in their role. Law firms seek candidates in the three to six-year range, where they are most productive and efficient.
• Unwillingness to Invest: Law firms are reluctant to invest in candidates who require significant training and are not immediately productive.

5. Candidates Not Currently in Law Firms

Non-Law Firm Experience: Candidates currently working in-house, in government roles, or at accounting firms are often seen as unsuitable:

• Mismatch in Skill Sets: The skill sets and work environments in these roles differ significantly from those in law firms. These candidates may struggle with the transition back to a law firm’s rigorous demands.
• Doubtful Commitment: If a candidate has chosen to leave a law firm once, there is a concern they may not stay long-term if they rejoin a firm.
• Quality of Work: The quality and standards of work in non-law firm environments can vary widely, and firms may be hesitant to hire without clear benchmarks.

 

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See Related Articles:

• Broken Promises in Lateral Hiring

• A History of Legal Market Conditions and Attorney Lateral Hiring

• ​Lateral Hiring: Proven Strategies for Interviewing Legal Candidates

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6. Unemployed Candidates

Long-Term Unemployment: Candidates who have been unemployed for extended periods are particularly risky:

• Perceived Red Flags: Unemployment often raises questions about a candidate’s performance, stability, and employability. Law firms prefer candidates who are currently employed, as this suggests they are valued and productive.
• Economic Downturn Exceptions: Even during economic downturns, those let go are often viewed as less essential or lower-performing. Quick re-employment can mitigate some of these concerns, but prolonged unemployment is a major red flag.

7. Lack of Stability

Frequent Job Changes: Candidates who frequently change jobs, moving every year or two, signal instability:

• Performance Concerns: Frequent moves suggest performance issues or an inability to settle into a role, both of which are unattractive to prospective employers.
• Risk of Non-Commitment: Hiring such candidates carries a high risk that they will leave shortly after joining, making it difficult for the firm to justify the investment.

8. Specific Practice Area Challenges

Oversaturated Markets: Certain practice areas, like corporate law, can become oversaturated with candidates, making it harder for individuals to stand out. Conversely, smaller markets like Omaha or Reno may be more forgiving and open to less-than-perfect candidates due to lower supply.

9. Senior Attorneys Without Business

Older Graduates Without Clients: Senior attorneys (graduated before 2010) who lack a book of business are generally unsuitable:

• Financial Liability: Without clients to bring in revenue, these candidates are seen as financial liabilities unless they are applying for specific openings where the firm needs their expertise.

10. Non-Partner, Associate, or Counsel Roles

Lower Commitment Roles: Candidates in roles such as staff attorney or contract attorney often lack the commitment and drive found in more senior positions:

• Perceived Lower Quality: These roles are often perceived as less challenging and may attract attorneys who are less competitive or ambitious.

Conclusion

Understanding the criteria that make lateral hire candidates risky for law firms can help you determine the best fit for your firm. Focus, specialization, and the right experience level are key factors. By identifying risky candidates, your firm can avoid potential pitfalls and build a stronger, more effective team.

 

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About Harrison Barnes

Harrison Barnes is a prominent figure in the legal placement industry, known for his expertise in attorney placements and his extensive knowledge of the legal profession.

With over 25 years of experience, he has established himself as a leading voice in the field and has helped thousands of lawyers and law students find their ideal career paths.

Barnes is a former federal law clerk and associate at Quinn Emanuel and a graduate of the University of Chicago College and the University of Virginia Law School. He was a Rhodes Scholar Finalist at the University of Chicago and a member of the University of Virginia Law Review. Early in his legal career, he enrolled in Stanford Business School but dropped out because he missed legal recruiting too much.

Barnes' approach to the legal industry is rooted in his commitment to helping lawyers achieve their full potential. He believes that the key to success in the legal profession is to be proactive, persistent, and disciplined in one's approach to work and life. He encourages lawyers to take ownership of their careers and to focus on developing their skills and expertise in a way that aligns with their passions and interests.

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In conclusion, Harrison Barnes is a visionary legal industry leader committed to helping lawyers achieve their full potential. Through his work at BCG Attorney Search, writing, and community involvement, he empowers lawyers to take control of their careers, develop their skills continuously, and lead fulfilling and successful lives. His philosophy of being proactive, persistent, and disciplined, combined with his focus on personal and professional development, makes him a valuable resource for anyone looking to succeed in the legal profession.

About BCG Attorney Search

BCG Attorney Search matches attorneys and law firms with unparalleled expertise and drive, while achieving results. Known globally for its success in locating and placing attorneys in law firms of all sizes, BCG Attorney Search has placed thousands of attorneys in law firms in thousands of different law firms around the country. Unlike other legal placement firms, BCG Attorney Search brings massive resources of over 150 employees to its placement efforts locating positions and opportunities its competitors simply cannot. Every legal recruiter at BCG Attorney Search is a former successful attorney who attended a top law school, worked in top law firms and brought massive drive and commitment to their work. BCG Attorney Search legal recruiters take your legal career seriously and understand attorneys. For more information, please visit www.BCGSearch.com.