The Role of Law Counsel in DC
When in-house counsel have need for temporary legal support in the Washington, D.C. area, they often call them law counsel. Despite the name, law counsel are not necessarily counsel of record in a case. They may serve in many different capacities, such as contract attorney, special counsel, legal counsel, temporary associate, or floating attorney. The law counsel may be from a private or governmental or institutional background, and their current employment situation may range from contract attorney to in-house counsel to part-time faculty member to big law private practice. That is to say, the basic terminology is somewhat imprecise and law counsel can come in many varieties. Fortunately, there are many options available if you have need for such temporary support. Counsel are found in many settings. These include large and established staffing and consulting firms, boutique staffing firms, smaller firms with litigation support areas , and the general staffing outfits that handle any job from rocket scientist to accountant to restaurant hostess. While the breadth of law counsel providing staffing options creates opportunities for businesses, it also makes decisions about law counsel in Washington, D.C. more complicated than in other locations where firms or companies may use only one or two sources for such support. Considerations include the scope of services offered, quality of service, location of office and counsel provided, feedback and management control, pricing, and flexibility to adjust to contingency. There are many factors to weigh when it comes to getting the most value out of law counsel in Washington, D.C. Considerations for the decision can include the following: law school attended, grades earned, bar passage, prior legal experience, familiarity with matter type, teaching experience, publications, personality type, skill set, prior employer and experience, and rates and fees.
Important Considerations for Hiring Legal Counsel
Beyond the intricacies of the States, many of the same variables discussed above also exist in the nation’s capital. However, unlike most of the other states where we have personnel, D.C. has additional rules to contend with. Washington, D.C. requires that all counsel either admitted in D.C. or permitted to practice in D.C. under a Rule 49(e) temporary admission consequence of having a law degree, but not necessarily having passed the D.C. bar exam. If counsel is only licensed in a state outside of D.C., then the way to get into the District is through securing co-counsel status or being admitted to practice with permission from the Washington, D.C. bar over a sliding scale of timeframes (one particular matter, up to 3 years, etc.). The bar application process and rules are extremely convoluted, so it is important to partner with an experienced staffing firm or law firm to navigate this process.
One more note to consider when hiring staff counsel in D.C.: There is a specialty counsel requirement. Senior attorney is D.C. counsel requirement for certain legal specialties, such as intellectual property. If you are staffing an IP matter, you should be sure that any D.C. counsel has prior experience in that area. There are similar requirements for experience in practices such as patent work, criminal law, bankruptcy, consumer matters, charitable and non-profit matters, employment law and litigation, immigration and naturalization, insurance law, labor law, personal injury work, real estate law, securities law, tax law, transportation, and workers compensation. So you really have to pay attention to the type of matter you are staffing.
Law Firm Staffing Trends
Driven largely by an economy in flux, Washington, D.C., may be one of the more dynamic markets for legal staffing. As a major federal hub with a diverse range of law firms and in-house departments, D.C. offers a strong base of demand for numerous specializations. As it is with law firms across the country, the ongoing transformation to e-discovery processes has also created an abundant market for temporary e-discovery specialists and project managers. Although most corporations in the D.C. area have implemented basic e-discovery protocols, they continue to seek professionals to support individual e-discovery projects. The rise of regulatory compliance as a critical business function has also put pressure on D.C.-area legal departments to build out their compliance capabilities. Companies and regulators value compliance practices as a risk-proofing measure, and demand is especially high for talent in areas relating to the Dodd-Frank Act, the Foreign Corrupt Practices Act and the Affordable Care Act. Corporate litigation practices in D.C. are also growing as companies look to expand their capacity for this important service. Technology, health and service companies in particular have begun to invest in-house legal capabilities to defend against the complex legal landscape that often comes with doing business in the D.C. area. Whether on a temporary or full-time basis, bundled services that offer litigation practices and e-discovery specialists are among the most sought-out positions among law firms and corporations.
Recruiting Legal Counsel
Washington, D.C., is a challenging place to recruit law counsel. Competition between firms and between organizations is intense. It is incredibly attractive to work with politicians and the large non-governmental organizations. People who are very interested in civil rights and advocacy tend to gravitate toward working in this area. And of course, there is also a fair amount of interorganization competition, as well. This is a very appealing place to live for some, so firms and companies can be put on a waiting list for talent that they really want.
But competition for the top talent in this area also goes well beyond "who can pay more." It also goes to who has the biggest and most high-profile jobs in civil rights and who has the biggest and most prominent entranceway into government affairs in D.C . Organizations sometimes expect to be able to attract talent with big jobs and easy access to government, but those things aren’t enough when there are so many similar options. Organizations shouldn’t fall into the trap of assuming bigger and more high-profile is what’s most wanted – plenty of organizations in the D.C. area are medium-size, but offer interesting work or a great culture. For these organizations, their size or lack of government access can be a selling point; their product may be a place where people will want to go.
Attracting talent in this area is a tough job. A small organization in a small space up against an office on Capitol Hill is going to have a pretty big challenge. A law office that shares space with other firms makes it even worse. These sorts of external factors can be mitigated, but not entirely overcome.
Staffing Considerations for Law Firms
Effective Staffing Strategies for Law Firms in Washington, D.C. It is only a matter of time before the costs of attorney staffing cause firms to say enough is enough. Firms should engage the talent they need by considering creative staffing techniques, such as:
— Independent contractors. While lawyers operating as 1099 independent contractors can be considered employees under certain statutory schemes, just as firms can provide benefits of employment to 1099 contractors, doing so is not inexpensive or without risk. Thus, when financial considerations dictate that the use of employees makes sense, consider establishing a law counsel affiliate entity to engage independent contractors for law firm business. This option still benefits from the non-billable flexibility offered by independent contractors after they leave employment and advances the law firm’s contingency plan for future changes.
— Intermediary organizations. Some firms recognize the benefits presented by using an intermediary organization such as an alternative legal services provider when engaging contract attorneys. This arrangement enables firms to obtain the contract lawyer’s services for a fraction of its formerly expected cost. The intermediary bears liability for the contract attorney’s work and offers the opportunity for the firm to enjoy regular and recurring expertise at a fraction of the cost of hiring fulltime employees. The services of the intermediary can be accessed as needed, for only the duration of a project. Such arrangements have gained traction over the past several years and are becoming a common way to find the "perfect" fit when staffing law firms with the right mix of employee and contract attorneys.
— Working parents. Practicing law is not the most compatible profession for maintaining a healthy work-life balance. This misalignment is not lost on law firms and law firms need to engage effective staffing strategies that attract current and future talent. Mature law firms generally recognize that providing workplace flexibility for negotiating parental leave and for above-average parental leave benefits helps to attract better candidates and to retain the seasoned professionals that law firms need to maintain their practices. There has been an increased demand, for instance, for part-time workers who seek greater flexibility in their work lives. Working on three days per week instead of five provides a great benefit to working mothers, singles and families.
— Non-predictability of income. Few can predict even a drop in income in the early years of a law practice and almost no one can foresee a sudden and steep decline. Law firms need to mitigate against huge fluctuations in income through efficient overhead and a diverse practice. Firms need to expeditiously address non-productive billable hours, unbilled time, and unimproved WIP debt. They must be sure to consider the costs associated with recruiting, hiring, and retention when preparing for events that deviate from normal operations.
Helping DC Firms Staffing Firms
Navigating Law Counsel Staffing in Washington, DC
The use of staffing agencies and legal recruiters to source counseling law candidates for posted job opportunities offers advantages to law firms, corporations and other clients in the Washington, D.C. area. Legal recruiting can help to identify the best candidates, including those who may not be actively seeking new positions. In addition, these firms provide critical information and guidance during the hiring process. When you choose to enlist the aid of a staffing agency offering legal job placement services, you will have access to top talent in your local area and elsewhere.
Staffing agencies specializing in law counsel staffing in Washington, D.C., will typically have a roster of excellent candidates with hands-on, in-depth experience in various practice areas and an extensive range of skills. These agencies provide extensive assistance to employers by identifying candidates that meet strict requirements, preparing candidates for job interviews , reviewing and evaluating resumes and overseeing compensation negotiations. Firms that specialize in temporary or contract placements will also help to keep these highly skilled professionals assigned to work with your firm until their term of service is complete.
You can save time and money when you take advantage of law counseling recruitment by a staffing agency. Staffing consultants with experience in the legal field are best suited to locate and place candidates that are the best possible fit for the circumstances. By enlisting the help of a legal recruiter, you can avoid disruptive turnover or the hassle of having to manage overly intrusive interviews and access to private business information by applicants with less-than-stellar credentials. A good staffing firm will do the legwork for you and can even provide orientation materials and training for newly hired law counsels to ensure a smooth transition.
When you need access to knowledgeable legal personnel in Washington, D.C., the support services provided by staffing agencies offering legal job placement can be invaluable. By using expert legal recruiters and employment consultants, you can increase the possibility of a successful interview and hiring process for your firm and find the most qualified law counselors for your legal needs.