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Litigation is Increasing and Project Attorneys Can Help

Litigation is increasing in every practice area. New filings daily in both state and federal courts. Project attorneys can lessen the load.  In 2019, law firms and corporate legal departments have seen large increases in litigation work across almost all practice categories.  While profitable, complex litigation can be a significant drain on the time, resources, and manpower of a law firm or legal department. And, attention to detail is more important than ever!  From the daunting initial task of document review and research to depositions, settlement, trial or appeal, litigation work requires the time and attention of numerous attorneys, paralegals and clerical staff for the duration of the case. Due to the very busy nature of litigation, getting busier by the month, it is increasingly difficult to predict accurate headcount to handle all that is required of a caseload.  At some point or another, lead attorneys have found themselves shorthanded or stretched thin; this is especially true when new matters are signed. Because the work cannot suffer from either delays or inaccuracies, many law firms and legal departments have turned to a range of flexible staffing solutions to help.  This includes utilizing temporary or contract attorneys to quickly ramp up litigation support during all phases of pretrial and trial, legal research, writing and certainly document review.  The current wave of legal court filings and proceedings is also increasing the demand for temporary legal staff professionals who can also be tasked to support litigation efforts. Contract attorneys (and legal staffing professionals) for litigation work can benefit both the firm and the attorney in many ways: Lower cost – Contract attorneys are typically paid less than full-time staff, and they do not receive benefits through the law firm. This allows firms to increase the number of workers without incurring administrative expenses. The contract attorneys typically receive their benefits through their staffing agency. Specialization – Instead of spending valuable time in training, a specialized contract attorney can hit the ground running. Furthermore, a staffing professional can identify higher-level contract attorneys with experience in certain matters. No long term commitment – When litigation is settled, and the workload goes down, the contract attorney’s job is complete. Try before you buy – Both law firms and attorneys have the opportunity to work together and determine if the personalities and culture are a fit for a longer-term commitment. Temporary-to-hire is rapidly gaining traction as a reliable way to add qualified staff. The current demand for litigation work is still increasing, and law firms, large or small, that can quickly respond will thrive in today’s litigation practice arena.

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Hiring for Diversity

Diversity in Houston law firms is an upward trend. Hiring for diversity has become a commitment for many firms. Check out some great resources on how to best hire for diversity. Diversity in the corporate world has moved from a trendy concept to the accepted standard of operation, with most major corporations touting a comprehensive diversity policy. Below are some trends we see in the Houston market and how you can be hiring for diversity. Upward Trending According to a recent National Law Firm Diversity Study, minorities represent: 17% of lawyers at law firms 9% of partners 25% of associates 13% of counsel 9% of management and executive committee members 26% of new hires 32% of summer associates Diversity in Houston Law Firms On a local level, a Gender Fairness Commitment Statement was signed by 60 local and national law firms with offices in Houston, as well as the Harris County Attorney’s Office. The statement asks the firms to increase the number of women partners and firm leaders using objective and unbiased criteria to evaluate them for those positions. The Gender Fairness Committee of the Houston Bar Association will follow up with the firms in 2020 to see the progress made in accomplishing the goals of the commitment. To see the full list of firms, click here. How to Hire for Diversity The recruiting channels of the past may not produce the diverse talent that law firms and corporate legal departments are currently looking for. Other available resources include: Most law school campuses have bar associations for underrepresented groups, including women and minorities. Reach out to these students and encourage them to apply to your firm. Check out the Bar Association meetings of the various minority bars. Attend their student-recruiting opportunities, to meet with students who are interested in exploring opportunities with your firm. Recruit for diversity at different levels within the firm: at the entry level with summer associates, at the mid-level through lateral recruitment of associates, and at the partner level by recruiting qualified women and minority partners to your firm. Hire a diversity consultant. Partner with a legal recruiting professional and discuss your firm’s goal of becoming more diverse. An experienced and well-connected legal staffing firm will be able to advise and hire accordingly.

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Hiring In-House Counsel | What to Consider

What you need to know before hiring in-house counsel Some startups immediately start hiring in-house counsel and launch a legal department, while other businesses operate for many years before bringing a single GC on board. A general counsel under the company roof acts as an advisor and company representative, in addition to being the primary legal service provider. Whether you are motivated to reduce attorney costs,  improve legal outcomes or enhance the quality of your legal advice, an in-house legal department with expertise in both the law and your particular business can be a strategic partner in your company’s long-term success. Let’s look at when to consider hiring in-house counsel, what to look for, and how to find them. When to consider hiring in-house counsel Several factors that can determine if hiring a GC makes sense for your company: High volume of legal work – If your company’s annual demand for legal services exceeds 1000 hours, an in-house attorney may reduce the outsourced hours. As a general rule, for each in-house attorney, there should be an additional 1000 hours of legal work. Type of legal work –  If the majority of your company’s legal work is in a particular practice area, for example, employment, then a GC who specializes in that area of law could be a valuable asset. Project Management – If your company works with numerous outside counsel, juggling the projects and attorney relationships can become all-consuming. Hiring in-house counsel as a project manager ensures that all of the legal services your business contracts with are on task and efficiently managed. Type of business – A specialized in-house lawyer might make sense if your business consistently produces document-intensive work such as licensing or real estate, or if your company is in a highly regulated industry. Whom to Hire Candidates considered for an in-house position must have a proven track record and the required expertise. This is not a position that allows for on-the-job training! For a company looking to hire their first GC, but unsure about a full-time, permanent employment, here are some options to consider: Outsourced GC – An increasing number of law firms offer to bundle their legal services and set monthly payments for general counsel services. Your company may have access to one or several attorneys, depending on the agreement. Part-time GC – If your company wants to hire an in-house attorney but doesn’t have the workload to justify the expense, then a part-time position may be a viable alternative. Employing a part-time GC can save money in salary and benefits, and a flexible schedule may attract highly qualified candidates who are seeking a work-life balance. Contract-to-hire – Bringing someone in on a temporary status before making a final decision allows time to determine if a candidate has the qualifying skills and also if the company truly needs a GC. During the contract period, the staffing firm assumes responsibility for benefits and administrative costs. Flexible skill set – Many attorneys often have transferable skills, such as facilitating real estate transactions or summarizing complex non-legal documents. By hiring an attorney with a flexible skill set, your in-house counsel can take on other duties within the organization. Where to Look Whether you are looking to add one lawyer or build an entire legal team from the ground up, hiring legal talent is a tremendous undertaking for a company that doesn’t specialize in law.  Legal recruiting is very different from corporate recruiting, and your company’s HR department may not have the relationships or knowledge to find the best candidates. If your company works with an outside law firm, they may be able to provide advice and direction on finding a qualified candidate. Another option for finding general counsel candidates is to work with a legal search or staffing firm. A professional legal recruiter has the resources, connections, and discretion to identify candidates that will best serve your organization. Let Collier Legal Search be your primary resource for hiring in-house counsel.

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Implementing Temp to Perm successfully

Utilizing a temp to perm hiring opportunity is resourceful. Temporary or contract workers are a valuable source of talent for law firms and hiring from temp to perm position can be resourceful. A temporary or contract worker can fill in short term vacancies, such as when an associate or paralegal is off on maternity or medical leave, they can bring in expertise on a particular practice area, and they can be hired to handle volume increases related to new casework. Lawyers, in particular, are uniquely suited to temporary or contract work because they are trained to quickly analyze a situation and act accordingly. In contrast to temporary or contract workers,  a “temp to perm” employee is brought on to work for a predetermined period, during which time the firm decides whether to offer a permanent position to the employee. With the failure risk as high as 50% for new hires, temp to perm has gained popularity among hiring managers as a way to reduce the risk of a bad hire. Benefits to law firms include: Enables partners time to observe attorneys and legal support staff to see if they are a fit for the firm’s workload and culture. Avoids wrongful termination and unemployment costs – With a temp to perm arrangement, there’s not a guarantee that the position will become permanent. Therefore, the employee is not eligible to claim wrongful termination or file an unemployment claim against the law firm. Reduces the cost of administration and benefits, since these are all covered by the staffing agency until the worker becomes a full-time employee of the law firm. Here are some things law firms should consider when implementing a temp to perm hiring strategy: Pick a reasonable timeframe for a temp to perm trial period. Too long and the candidate may pass up your firm. Too short and you won’t get a good idea of the fit. Confirm the time period with the staffing service and have them explain this to the employee prior to their start, so everyone is clear of the guidelines. Treat temp to perm workers just as you would a permanent employee, providing them with the support, training or resources they may need to perform their duties. Introduce them to the partners, associates and support staff that they will be working with. Include temp to perm workers in firm-wide initiatives such as training and team building. This will give them the opportunity to demonstrate their skills and align with the firm’s culture. Have a transparent process in place to ensure that the firm is being fair. If the firm exhibits a constant cycle of letting workers go before they reach permanent status, the firm’s reputation will suffer, and it will be increasingly difficult to attract quality candidates. If there are any issues, ask the staffing service in to deliver the information. Until the worker becomes a permanent employee of the firm, the staffing service can manage the temporary employee for you. Full-Service Legal Staffing You Can Depend On Collier Legal Search is a full-service legal staffing company that specializes in placing well-credentialed partners, associates and legal professionals at every level in law firms and corporations. Our experience in the industry and our unique approach to building our candidate database consistently delivers results that clients can depend on. We are committed to maximizing success for our clients and our candidates.  Contact us at 832-239-5253 to give us the opportunity to work with you.

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