Camille Stell is Vice President of Risk & Practice Management for Lawyers Mutual Liability Insurance Co. of NC. Continue this conversation by contacting Camille at camille@lawyersmutualnc.com
For many small law firm owners, hiring an associate can feel like entering a competition they have already lost.
Big firms can offer eye-popping salaries, substantial bonuses, recognizable names, and recruiting resources that a solo or small firm simply cannot match. Faced with that reality, small firm owners may assume the best candidates will inevitably choose the biggest paycheck.
But what if compensation is not the contest small firms should be trying to win?
On a recent episode of the Wealthy Woman Lawyer® podcast, consultant and podcast host Davina Frederick explored what legal recruiters are saying about how solo and small firms are successfully attracting associate attorneys in today’s tight hiring market. Her message to small firm owners is encouraging: “You are not losing a compensation war. You were never in one.”
Instead of trying to imitate Big Law, small firms should focus on the advantages they already have – and learn how to communicate those advantages to prospective associates.
What Associates Are Really Looking For
Frederick identifies five factors that recruiters say are drawing strong candidates to smaller firms.
1. Flexibility
Flexibility does not necessarily mean fully remote work. It can mean greater control over when and how work gets done, reasonable accommodations for personal responsibilities, or simply a workplace where lawyers are treated like responsible professionals with the ability to plan their way on their schedule when possible.
A smaller firm often has more freedom to design working arrangements around the needs of both the firm and the individual lawyer. That flexibility can be a significant recruiting advantage – if candidates know it exists.
2. Meaningful Client Contact and Responsibility
At a small firm, associates may have opportunities much earlier in their careers to communicate directly with clients, participate meaningfully in matters, appear in court, take depositions, negotiate with opposing counsel, or otherwise develop the skills required to become a well-rounded lawyer.
For candidates who want more than a narrow slice of a large matter, that responsibility can be enormously attractive.
When recruiting, don’t simply tell candidates what work they will perform. Explain what they will have an opportunity to learn, own, and become.
3. Direct Mentorship
Personal access to experienced lawyers can be another powerful advantage.
Associates want to know who will teach them, answer questions, review their work, and help them develop judgment. Smaller firms may be particularly well positioned to offer direct relationships with firm owners and senior lawyers rather than leaving mentoring to a formal program or an overextended partner.
But mentorship cannot simply be promised. Candidates will want to know what it actually looks like in practice.
Who will review their work? How often will they receive feedback? Will they be able to observe experienced lawyers interacting with clients? Will someone take the time to explain not only what needs to change in a document, but why?
Those details make “mentorship” more than a recruiting buzzword.
4. Culture and Fit
Culture matters in every workplace, but it can be especially important in a small law firm. One person can have an outsized effect, for better or worse, on a small team.
That makes hiring for fit important for both sides.
Candidates are evaluating how people communicate, how leaders respond when mistakes happen, whether employees appear to enjoy working together, and whether the firm’s stated values match its everyday behavior.
Small firms should resist the temptation to present a polished but unrealistic version of themselves. The goal is not to appeal to every candidate. It is to appeal to the right candidate.
5. Transparency
Tell candidates what practicing at your firm actually looks like. What kinds of clients will they serve? What will their days look like? What expectations will they face? What is rewarding about the work, and what is challenging?
An accurate picture helps candidates make informed decisions and distinguishes the firm from employers that reveal little beyond a job description.
Transparency also sets the stage for retention. A lawyer who joins based on realistic expectations is less likely to discover six months later that the job is fundamentally different from the one they thought they accepted.
Recruiting Doesn’t End When You Make the Hire
The factors that attract an associate are also closely connected to what keeps that lawyer at the firm.
According to the recruiters discussed in Frederick’s podcast, expectations change as associates gain experience. Mid-level associates become increasingly attentive to leadership style, accessibility of partners, and the quality and frequency of feedback. Poor management – not simply compensation – is identified as a major driver of associate attrition as they progress in their career.
That is worth considering before concluding that an associate who leaves was simply lured away by a bigger salary.
Compensation certainly matters. But so do questions such as: Does the lawyer know what is expected? Do they receive useful feedback before the annual review? Do they have access to the firm’s leaders? Can they see a future for themselves at the firm?
Those are areas where a small firm can compete.
Before the Job Description, Create a Success Profile
Frederick offers another practical suggestion, before writing the job posting, create a one-page success profile.
Rather than beginning with credentials required and a list of duties, answer three questions:
- What outcomes do we need this person to deliver
in the first 90 days?
- What matters will this lawyer work on?
- How will we distinguish between a good hire and
an exceptional hire – and what will be required
to meet that standard?
This exercise forces the firm to define what it actually needs.
“Associate attorney with 2–5 years of experience” tells you very little. Do you need someone who can independently manage a caseload? Someone who can inherit existing client relationships? Someone who needs substantive experience but can be trained in your practice area? Someone who could eventually become a successor or partner?
Until you know what success looks like, it is difficult to recognize the right person when they walk through the door.
Ask Better Interview Questions
A clearly defined success profile should also change the interview.
Traditional questions may tell you where a candidate went to school or what appears on their résumé, but they may not tell you whether that lawyer will thrive in your particular environment.
Frederick suggests questions designed to reveal how candidates actually work. For example:
“Tell me about a time you had to figure something out with very little supervision.”
The answer can provide insight into initiative, judgment, and autonomy, all especially important in a small firm where someone may not be available to guide an associate through every step.
“What does a bad week look like for you, and how do you handle it?”
Legal practice brings difficult clients, unexpected deadlines, adverse rulings, mistakes, and competing demands. This question can help reveal what rattles a candidate and how that person responds under pressure.
And perhaps the simplest question:
“What part of practicing law do you enjoy?”
Listen carefully to the answer. What energizes the candidate? Is it working directly with clients? Research and writing? Being in court? Solving complicated problems? Building relationships?
Then ask whether your firm can give that lawyer opportunities to do more of it.
Use Your Size as an Advantage
Small firms may have one final advantage in today’s hiring market: speed.
A large organization may require multiple interviews, layers of approval, and weeks between the first conversation and an offer. A small firm that knows what it wants can move quickly – meeting a promising candidate on Tuesday and potentially making an offer by Thursday.
Speed, however, should come from preparation rather than desperation. Know what success looks like, know what you can offer, and have your decision-makers ready to act when the right candidate appears.
The larger lesson from Frederick’s podcast is that small firms should stop defining themselves by what they cannot offer.
You may not be able to match a Big Law salary. But you may be able to offer flexibility, meaningful responsibility, direct access to experienced lawyers, frequent feedback, a healthy culture, transparency, and a career in which an associate can see the impact of their work.
Those aren’t consolation prizes.
For the right lawyer, they may be exactly what makes your firm the better opportunity.
Camille Stell is the Vice President of Risk & Practice Management for Lawyers Mutual and the co-author of the book, RESPECT – An Insight to Attorney Compensation Plans available from Amazon. Continue this conversation by contacting Camille via email or at 800.662.8843.
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