February Newsletter
Issue II
 
 

Article Archive

Marcus Ollig  
Strategic Hiring In a Down Market
By Marcus Ollig


Hiring? After 1100 attorneys nationwide lost their jobs last Tuesday? I know what you are thinking: "He runs a search firm – of course he is talking about hiring, but the reality is no one is hiring" You're right –- I run a search firm and as such get the opportunity to talk to clients and contacts around the country. My thirteen plus years of experience in the employment business, conversations with law firm leaders over the past year, and our own recruiting efforts on behalf of clients have taught me several valuable lessons about our current downturn and the best practices of firms who seem to be thriving. Please let me know if the commentary below corresponds with what you are seeing, or if you disagree. I would welcome the opportunity to hear about what you are seeing in the legal marketplace.

While terrible, the down economy is providing some opportunities and lessons that can help us thrive even during the recession. For all of the news of layoffs there is still strategic hiring going on – often from the very firms laying off attorneys and staff. Some observations:

The best firms are opportunistic:
They hire and recruit strategically in this down market. They add areas they have had trouble adding in booming economy. These firms are flexible; they are looking to change the focus of down areas like mergers & acquisitions and often expand into areas that are currently thriving or where they have had a historic need. We are even working with firms looking to add to or bolster specific offices. The opportunity to add a strong lateral partner or practice is better than any year in recent memory. With several major firms failing last year, partners are increasingly looking to move their practices to well-managed firms. We get daily calls from partners who are looking to see if they can move to a firm that is better managed, gives them more financial security (including lower overhead) or will appreciate them and their practice. You heard that last one right – more than ever as firms make painful cuts, even superstars can get overlooked. Hiring the right lateral can be tricky, however.

Increase due diligence and in depth screening of candidates. At a time where there is a seeming plethora of talent out there looking for work, the job of effectively screening that talent is more important than ever. Past lateral hiring mistakes can be your guide. How carefully did you check lateral hire practice portability - did they bring what they said? How well did you transition past hires? But it is not just whether or not they panned out economically as anyone who hired a bad cultural fit can attest. Cultural mistakes can be even more expensive as they hurt morale, client relationships and potentially cause defections among your best performers. Lateral partner hires in our experience are the most visible mistakes, but ask yourself which future partners left in this downturn and why? Every lateral associate hired is a huge opportunity. Anyone let go within two years represents a significant failure in screening or transitioning. Turnover is expensive.
Additional Resource: Effective Hiring Article

Stay close to your high performers. Your best and brightest are restless. The public failures of Heller Ehrman, Thelen and most recently Thatcher Profitt & Wood have made partners examine their own firm's management more closely. We are receiving an increasing amount of calls and talking with more partners who are looking to move to firms they deem have a quality advantage over their current firm. The best firms are staying close to key talent, rewarding those folks financially and emotionally. Letting people know they are valued, needed and have a future at your firm is more important than ever, especially if you are having to enact cuts. Below I have listed five things to keep your key performers happy through this downturn.

Manage costs intelligently and share information. The best firms are watching costs more closely - you know how to do this. One word of caution – cut where it doesn't impact growth or high performers. This is not the time to cut rainmaking budgets, but maybe you can scale back the partner retreat, or look at appropriate staffing levels, for example.



Read More Articles and learn details about how to find and retain top caliber talent and keep your business in shape.

 
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Just the Facts
  Am Law 200 Firms that have announced layoffs since 2008: 36 or 18%.
Many of these same firms are still growing, for example: Sonnenschein
2008 Layoffs: 62 Attorneys
2008 Added: 100+
Source: Various

U.S. # of Active Attorneys:
2007:
1,143,358
2008: 1,162,124
 
     
Suggestions
  Contact The Advocates at editor@targetedlegal.com with comments, questions, articles, factoids and suggestions.
 
     
   >  Keep Your Best and Brightest
 
This is the time to focus on your best and brightest:

If you are a leader, the following inexpensive common sense ideas will help you keep your best people engaged and at your organization through even bad times.

Communicate your law firm's or company's goals, strategy and current financial performance openly. Include information about what options are being considered to safely steer your organization through these turbulent times and why. Uncertainty will lead to people filling the information gap with rumors. Every day I am made aware of a new rumor - in most cases these have no basis in reality, but result from the current climate of fear and driven by the uncertainty created by poor information flow.

Involve your top performers in this discussion. Ask them how they feel about your organization and its future, solicit input about possible courses of action, the firm's strategic direction and their personal satisfaction. Besides having great ideas, it is more important than ever that people feel part of the solution. Working together creates an atmosphere of loyalty and ownership.

Clearly communicate your expectations and the specific reasons you value your best employees. Whether entry level or senior members of your team, in uncertain times it is more important than ever to show people why and how they matter to you and your organization. Spend more time highlighting outstanding performance, make it part of your culture through official recognition programs and remember to praise both publicly and privately. Also remember to set goals and manage poor performance privately.

Compensation: I am amazed by how many people I speak to that do not feel their commitment, loyalty, hours collected, or originations were properly valued. In many cases this is unjustified, but it seems that weekly I am hearing from people I know are high performers, whose compensation or bonus decisions did not in any way align with their performance.

Cost cutting: Communicating the reasons for making cuts is important, but so are the items you decide to reduce or eliminate. This is another great area to solicit input. Generally, cutting compensation, especially any performance-based bonus compensation, or other incentives (for top performers) can have a negative effect. Of course, these are only paid when warranted by performance, unless you are a major bank or investment company. There is a lot of cutting that can be done with minimal effect on employee loyalty or morale. Solicit your people's input at all levels, let them know the goal of the cuts, and ask them to pitch in.

Be positive - I know it sounds trite, but this is important. We are deluged with negative news daily. This is an incredible drain on people's energy, motivation and outlook. The more you stay focused and positive, the more you help your people while creating an environment they won't want to leave.


 

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