Two of the most notable critics of the lateral partner hiring process, law professors William Henderson and Christopher Zorn, recently outlined a number of steps that law firms can take in improving their lateral partner hiring process (“An Rx for Lateral Heartache”).  The article contains some excellent advice with regards to best practices that firms can and should adopt: evaluating the success of recent laterals, building the case for your law firm, and designing and planning the interview process.

What the authors failed to address are two critical components of the lateral partner recruiting. One is having an articulated protocol for the entire lateral hiring process, not just the interviews. We have encountered countless situations where unanticipated steps were added to the process in the last stages, whether in the form of additional interviews or further due diligence. While it is true, as the authors’ state, that laterals tend to appreciate that firms are careful and comprehensive in their evaluation of laterals, what they don’t appreciate is any indication that the process is disorganized. Similarly, lengthy delays for no apparent reason tends to turn off candidates, and often results in offers that are declined.

Secondly, it was particularly surprising that outside recruiters were not mentioned in the article. Anyone active in the partner recruiting world will tell you that legal recruiters are an important constituency in the lateral partner hiring world. Indeed, recent studies show that nearly one-half of all lateral partner candidates hired by AmLaw 200 firms come through recruiters.  What Henderson and Zorn did not point out was that many times, disappointing results are due to the reactive approach that law firms take vis-a-visa recruiters. Too often, firms take the attitude that “if you have someone that fits our needs, please send them our way.” Or, they react to a candidate thrown over the transom by a recruiter, based primarily on the advertised book of business, regardless of the fit with the firm’s overall strategic plan.

It’s our experience that firms that partner with their outside recruiters to align the pursuit of lateral talent with their strategic objectives tend to have the best results.


TMG’s Take is a regular e-mail advisory produced by The McCormick Group. The company’s LegalGovernment Affairs, and Law Firm Management groups combine the expertise of more than 15 Consultants to help law firms fulfill all of their lawyer and administrative recruiting needs. TMG’s Take covers topics across the spectrum of law firm management, including associate and partner compensation, growth strategies, marketing and business development, operations and facilities management, finance and accounting, professional development, and technology. Please direct all inquiries to Steve Nelson, Managing Principal at (703) 841-1700 or snelson@tmg-dc.com.

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