Lawyers on the move: steps to take before dancing with a lateral hire

William C. Saturley and Kenneth E. Rubinstein co-wrote a risk management article, “Lawyers on the move: steps to take before dancing with a lateral hire.”  The article suggests actions firms should consider taking prior to hiring a lateral attorney.  While the article is written specifically for law firms, the suggestions are applicable to all professional fields:

●  Verify the apparent skills, and the accuracy of credentials (such as academic history), of the prospective new hire.

●  Research both the disciplinary and malpractice claims history of the individual.

●  Interview others who have personal knowledge of the attorney’s performance.

●  Review recent work product of the prospective hire. (Make sure the work is that of the hire and not a supervised associate).

●  If the lateral is bringing business to the firm, consider potential conflicts of interest with existing clients.  In this regard, a recent change to Rule 1.6 of the Model Rules of Professional Conduct, and accompanying commentary, permits limited disclosure by a lawyer about clients he represents to a prospective new hiring firm, without prior client consent. 

●  Consider potential client relation problems (do the fee arrangements with the lateral’s clients conflict with the firm’s standard arrangements?).  Evaluate whether the lateral’s clients appear financially stable.

●  Define the lateral’s staffing expectations.

●  Make sure the firm’s administrative requirements (such as prior engagement letters, or compliance with assignment committee directives) will be adhered to by the lateral.

●  Consider deferring full partnership status to a lateral hire until a reasonable period of time has passed, to allow further evaluation of the candidate; and then closely monitor performance during that period of time.

●  If the firm requires disclosure of income tax returns from its existing partners, consider requesting a return and a personal financial statement from the prospect.

The article was published in the January 2013 issue of the Massachusetts Lawyers Journal, a publication of the Massachusetts Bar Association:  Massachusetts Bar Association : Lawyers on the move: steps to take before dancing with a lateral hire