6 Strategies for Recruiting Top Legal Talent

Recruiting top-tier legal talent is not merely a goal but a necessity for sustained success. Whether your firm is planning to strengthen expertise in niche practice areas or expand the firm’s capabilities, attracting and retaining adequate talent is one of the most critical aspects of the strategic planning process. However, the process of sourcing attorneys can be complex, requiring a multifaceted approach that taps into various channels and recruiting strategies. Your search must be thorough when looking for the best person for the job. Whether you lead a boutique law firm or a multinational megafirm, you must know all your options for locating your next, best hire. If you are curious about your options, we have you covered!

Here is Performlaw’s list of the top 6 ways to source and legal talent.

  1. Law School Recruiting

SUMMER ASSOCIATE PROGRAMS

Summer associate programs offer a structured platform for law firms to evaluate and engage with prospective hires. Law firms typically offer summer associate programs to law students between their second and third years of law school. These programs provide students with hands-on experience working in law firms to develop the fundamental skills for success as an associate. The skills summer associates typically focus on developing include legal research, drafting documents, and participating in client meetings and negotiations. Summer associates often rotate through different practice areas within the firm to gain exposure to various areas of law.

These programs are a win-win because they allow firms to evaluate potential future hires and allow students to assess whether they are a good fit for the firm and the practice area(s) in general. Having a summer associate program in place in your firm is a classic recruiting strategy that is a surefire way for law firms that want to grow and/or prepare for longevity in the industry.

Where you recruit matters! Many firms stick to Law Schools in their personal network or those near the physical geography of the firm. This is an excellent choice however, let’s consider how you can optimize your program. It is important to remember that the summer associate program presents the firm with an excellent opportunity to diversify the talent pool. Recruiting from schools that may not be within your typical network could position your firm to pull in fresh perspectives and improve your firm culture. We encourage you to be intentional about diversifying your talent pool! That means creating relationships with Private, State, and HBCU law schools and taking trips to recruiting events! This is especially important for firms who have taken the pledge to be a part of the Mansfield Rule!

NEW GRAD HIRES

Ok, so you have your summer associate program, and it is going well. If you want to grow your firm fast, double down on the new graduate hires! You should also consider recent graduates who have not participated in your summer associate program. Some law firm leaders get nervous about hiring new grads because they fear investing time and money into someone who might leave or underperform. Let’s be real: attrition is something no business owner enjoys, and being perfectly honest, anyone could leave you at any time for any reason; that is the reality of business. The best thing to do is to prepare in advance. Go in understanding that only a fraction of hires will stick around long term, and make peace with it; the key is to prepare your budget in advance with attrition in mind, but do not allow the idea of attrition to pre-defeat you in building your team. If your firm can afford to hire more than you would like to actually retain long-term, you should do it! Once attrition occurs, the firm is less likely to be unable to produce.

Recent graduates often bring fresh perspectives, cutting-edge legal knowledge, and a strong work ethic to the table. Their recent immersion in legal academia equips them with an up-to-date understanding of evolving legal principles and practices. Moreover, recent graduates tend to be highly adaptable, eager to learn, and open to guidance, making them valuable assets to any law firm; investing in their development can yield long-term benefits. By providing mentorship, training, and opportunities for growth, law firms can foster loyalty and retention, nurturing young talent into seasoned legal professionals who contribute significantly to the firm’s success.

Aside from funneling talent through your summer associate program, participating in on-campus recruiting events, job fairs, and networking sessions can facilitate connections with graduating students seeking entry-level positions. Offering competitive compensation packages, professional development opportunities, and flexible work models can incentivize graduates to choose your firm over competitors. Remember, don’t limit your firm to only choosing recruits from the top of the class. We urge you to broaden your perspective and challenge your firm to cultivate talent through your leadership and mentorship!

  1. Professional Legal Recruiting Services

Sometimes, you really don’t have the capacity or team to build out an entire summer associate program, or maybe you just really need a lateral hire, or perhaps you just prefer that a recruiting specialist handles the sourcing and recruiting for your firm. This is where legal recruiters come into play. Legal recruiters specialize in the legal industry and possess a deep understanding of its nuances, including the specific skills, qualifications, and experience required for various roles. This expertise allows them to efficiently identify candidates who not only meet the basic job requirements but also possess the desired cultural fit and potential for long-term success within the firm. By leveraging their industry knowledge and extensive networks, legal recruiters can save law firms significant time and resources in the hiring process.

Additionally, legal recruiters can provide valuable insights and guidance throughout the hiring process, from refining job descriptions to navigating salary negotiations, streamlining the entire recruitment journey, and reducing the risk of costly hiring mistakes. Also, legal recruiters offer a level of discretion and confidentiality that can be necessary when making hiring and onboarding moves in the competitive legal market. Confidentiality is often desired for both law firms and candidates, particularly when it comes to exploring new career opportunities or replacing existing positions. Legal recruiters understand the importance of discretion and can maintain confidentiality throughout the recruitment process, protecting the reputations and interests of both parties involved. This ensures that sensitive information remains secure and minimizes the potential for any disruptions or conflicts that could arise from a publicized job search.

We suggest using legal recruiters when you seek a lateral attorney or an attorney with a specialized skill set. Legal recruiters can expedite the recruitment process while ensuring the quality of hires. Of course, nothing worth having comes free, legal recruiters typically get paid through a contingency fee or a retained fee model. In a contingency fee arrangement, the recruiter is compensated only if they successfully place a candidate with the law firm, usually receiving a percentage of the candidate’s first-year salary. Alternatively, in a retained fee model, the law firm pays the recruiter upfront to conduct a thorough search for suitable candidates, regardless of whether a hire is made, with the fee often being a portion of the anticipated salary for the position. The specific payment structure may vary depending on the agreement between the law firm and the legal recruiter.

  1. Firm Website Careers Section

A well-curated careers section on the firm’s website serves as a primary point of contact for prospective candidates. Clear and comprehensive job postings detailing roles, responsibilities, and qualifications can attract qualified applicants. Additionally, showcasing the firm’s culture, values, and employee testimonials can resonate with potential candidates, fostering interest in joining the team.

Moreover, leveraging the careers section of the firm’s website as a platform for thought leadership can further enhance its effectiveness in attorney recruitment. Publishing blog posts, articles, or case studies that highlight the firm’s expertise in specific practice areas not only demonstrates its legal prowess but also serves as a magnet for top legal talent seeking opportunities for professional growth and development. Positioning the firm as a thought leader within the legal industry can attract candidates who are not only interested in the job but also in contributing to and learning from a team of experts.

Furthermore, the careers section can be utilized to provide insights into the firm’s career progression paths and professional development opportunities. Offering information about mentorship programs, continuing education initiatives, and opportunities for advancement can appeal to ambitious candidates who are looking to build long-term careers within the firm. Clear pathways for career growth not only attract talented individuals but also contribute to employee retention by demonstrating the firm’s commitment to investing in the success and fulfillment of its legal professionals. In essence, the careers section of the firm’s website serves as more than just a job board; it’s a window into the firm’s culture, values, expertise, and opportunities for professional advancement, making it a powerful tool for attorney recruitment and retention.

  1. Networking:

To optimize networking efforts in attorney recruiting, it’s essential to approach these interactions with a strategic mindset and genuine interest in building meaningful connections. While attending legal industry events, bar association meetings, and alumni gatherings, it’s important to engage with attendees rather than simply collecting business cards actively. Taking the time to listen to others, ask thoughtful questions, and share insights about the firm’s culture and opportunities can leave a lasting impression and lay the foundation for fruitful relationships. Additionally, participating in panel discussions, speaking engagements, or hosting informational sessions can further showcase the firm’s expertise and provide valuable networking opportunities.

In addition to attending organized events, cultivating relationships with legal professionals, alumni networks, and referral sources on an ongoing basis is crucial. Regular communication through personalized emails, phone calls, or coffee meetings can help nurture these connections and keep the firm top of mind when potential opportunities arise. Building rapport with individuals who may not be actively seeking employment but are well-connected within the legal community can also lead to valuable candidate referrals. By investing time and effort into cultivating a robust network of contacts, firms can tap into a diverse pool of talent and gain insights into the ever-evolving talent landscape.

Furthermore, leveraging technology can enhance networking efforts and extend the firm’s reach beyond traditional face-to-face interactions. Utilizing professional networking platforms such as LinkedIn allows firms to connect with legal professionals across geographic boundaries and engage with both active and passive job seekers. Engaging in relevant online discussions, sharing industry insights, and showcasing the firm’s thought leadership can help attract candidates who align with the firm’s values and vision. By integrating online networking with offline efforts, firms can create a comprehensive networking strategy that maximizes their ability to connect with top legal talent.

  1. Job Boards:

To effectively leverage job boards in attorney recruiting, firms must first identify the platforms that best align with their recruitment needs and target candidate demographics. Utilizing reputable job boards tailored to the legal profession, such as Lawjobs, Indeed Legal, and LinkedIn’s Legal Jobs section, ensures that job postings reach a qualified and relevant audience of legal professionals. These platforms offer features that allow firms to narrow down candidate searches based on specific criteria such as experience level, practice areas, and geographic preferences, helping to streamline the recruitment process and target candidates who best fit the role.

Crafting compelling job descriptions is essential to capturing the attention of potential candidates and encouraging them to apply. Job postings should clearly outline the responsibilities, qualifications, and expectations for the role, providing candidates with a comprehensive understanding of the position. Moreover, incorporating elements that highlight the firm’s unique selling points, such as its culture, values, and career development opportunities, can help differentiate the job posting from others and attract top talent. Additionally, leveraging targeted advertising on job boards can increase the visibility of job postings and ensure they are seen by the most relevant candidates. By strategically allocating advertising budget to promote job postings to specific demographics or geographic regions, firms can maximize their reach and attract qualified applicants.

Furthermore, job boards offer valuable insights and analytics that can inform recruitment strategies and optimize the effectiveness of job postings. Tracking metrics such as the number of views, applications received, and applicant demographics can help firms evaluate the success of their job board postings and make data-driven decisions to improve future recruitment efforts. Additionally, job boards may offer features such as applicant tracking systems (ATS) or candidate matching algorithms, which can streamline the recruitment process by organizing applicant data and identifying top candidates based on predefined criteria. By harnessing the capabilities of job boards and leveraging data-driven insights, firms can enhance their recruitment strategies and attract the best legal talent to join their team.

  1. Social Media:

Social media is a great way for law firms to enhance their attorney recruiting efforts by reaching a broader audience and engaging with passive candidates. Establishing and maintaining an active presence on professional networking sites such as LinkedIn, Instagram, TikTok, and Facebook allows firms to showcase their expertise, culture, and career opportunities to a vast network of legal professionals. By regularly updating profiles with engaging content, firms can demonstrate thought leadership within their practice areas, positioning themselves as attractive employers within the legal community.

Sharing thought leadership content on social media platforms showcases the firm’s knowledge and expertise and provides valuable insights into its values and culture. By publishing articles, blog posts, or case studies that demonstrate the firm’s legal acumen and innovative approaches to solving complex legal challenges, firms can attract the attention of passive candidates who may not have been actively seeking job opportunities. Additionally, highlighting firm achievements, such as successful case outcomes, client testimonials, or awards and recognitions, further enhances the firm’s credibility and reputation as an employer of choice.

Active participation in relevant discussions and industry groups on social media platforms can also help firms connect with potential candidates and build relationships within the legal community. By engaging in conversations, offering insights, and providing value to others, firms can establish themselves as trusted sources of information and foster meaningful connections with legal professionals. Moreover, actively responding to inquiries and messages from potential candidates demonstrates responsiveness and accessibility, further strengthening the firm’s reputation and appeal as an employer. By harnessing social media’s power, law firms can amplify their recruiting efforts and attract top legal talent to join their team.

By integrating these strategies, law firms can effectively attract and retain top legal talent, fostering a dynamic and successful legal practice.

DOJ, FTC Announce New Antitrust Guidance for Recruiting and Hiring; Criminal Enforcement Possible

handcuffs, criminal enforcementMany companies—and the HR professionals and other executives who worked for them—have found out the hard way that business-to-business agreements on compensation and recruiting can violate the antitrust laws and bring huge corporate and personal penalties.

Last week, the Federal Trade Commission (FTC) and the Department of Justice Antitrust Division (DOJ) jointly issued antitrust guidance for anyone who deals with recruiting and compensation. The guidance is written for HR professionals, not antitrust experts. It avoids jargon and applies antitrust basics in plain English. It expands on those basics by providing short and direct answers to real-life questions.

The guidance comes in the wake of several actions in recent years by the federal antitrust agencies against so-called “no-poaching” or “wage-fixing” agreements entered by companies competing for the same talent. It announces that DOJ will prosecute criminally some antitrust violations in this space. While the new guidance is explicitly aimed at HR professionals, senior executives should understand it as well.

The guidance starts with the basics: The antitrust laws establish the rules for a competitive marketplace, including how competitors interact with each other. From an antitrust perspective, firms that compete to recruit or retain employees are competitors, even if they do not compete when selling products or services. Therefore, agreements among employers not to recruit certain employees (no-poaching) or not to compete on various terms of compensation (wage-fixing) can violate the antitrust laws.

To be illegal, these agreements need not be explicit or formal. Evidence of exchanges of information on compensation, recruiting, or similar topics followed by parallel behavior can lead to an inference of agreement. Intent to lower a company’s labor costs is no defense. Also, there is no “non-profit” defense: while they might not compete to sell services, non-profits are considered competitors for the staff they hire.

The potential costs of antitrust violations are huge: fines by the agencies; treble damages for injured actual or potential employees; and intrusive regulation of basic company operations from consent decrees and judgments. In addition, the DOJ used this guidance to announce that it will now prosecute criminally any naked wage-fixing or no-poaching agreements. According to DOJ, these naked agreements—“separate from or not reasonably necessary to a larger legitimate collaboration between the employers”—harm competition in the same irredeemable way as hardcore price-fixing cartels. So now, any executives involved in such agreements—whether HR professionals or not—face personal consequences, including threats of potential jail time.

Even unsuccessful attempts to reach an anticompetitive agreement on these topics can be illegal in the eyes of the regulators. As the guidance makes clear, so-called “invitations to collude” have been and will continue to be pursued by the FTC as actions that might violate the Federal Trade Commission Act.

Some of these information exchanges and agreements do not automatically violate the antitrust laws and there is nothing in this new guidance that suggests otherwise. If the agreements are reasonably necessary to an actual or potential joint venture or merger, legitimate benchmarking activity, or other collaboration that might help consumers, their net effect on competition would need to be judged. In prior actions, the agencies also have recognized as legitimate certain no-poaching clauses in agreements with consultants and recruiting agencies. Even such common uses as employment or severance agreements might not run afoul of the antitrust law’s prohibitions.

The guidance does not—and really cannot—go into all the detail necessary to determine when any particular effort will pass antitrust muster. It does refer readers to the earlier Health Care Guidelines but those helpful tips relate only to information exchanges. The guidance also provides links to the many prior civil actions taken by the agencies on these types of matters. It is accompanied by a two-sided index card entitled Antitrust Red Flags for Employment Practices that could be part of an effective compliance program.

© 2016 Schiff Hardin LLP