Frequently Asked Questions
How long have you been working in the environmental area?
I have been involved in the environmental legal/regulatory business, as an environmental consultant, environmental lawyer, and environmental regulator since 1969.
Why did you go into recruiting?
I “retired” in 2010, after a long environmental career, but quickly realized that I missed environmental law too much. I wanted to somehow stay involved in the practice and found that recruiting environmental lawyers filled the void. I now have recruiting agreements in place with most Am Law 200 law firms and have earned the trust and respect of environmental practice group leaders, and recruiting managers, nationwide
As a one-man shop, how can you get everything done?
I select the law firm clients that I work with very carefully and environmental/energy candidates even more carefully. I limit the number of candidates that I work with at any one time to make sure that I can provide quality services to those that I decide to work with. I use contract lawyers and software analysts where necessary to assist.
What makes EHS Headhunter “better” than the competition?
Because of my environmental knowledge and experience I save my law firm clients and environmental candidates a lot of time and money by fully understanding exactly what kind of partners they are looking for and by not presenting candidates that do not match their needs.
Won’t most large law firms contract with any recruiter, promising an environmental partner with portables, whether or not the recruiter has any environmental experience?
Absolutely. Most firms are looking to bring on accomplished partners with portable business no matter what the source. That said however, it’s rare that such opportunistic hiring can be relied on to produce a candidate with the specific skill sets, rate structure and client mix needed by clients precisely when the partner is needed.
Aside from having an environmental background, to what do you attribute Common Counsel’s success in recruiting environmental partners?
Looking back over the last 20 years, I have been most successful in moving solid lateral environmental and energy lawyers into firms that take the time and effort to work with me to develop well thought out environmental lawyer recruiting plans that describe not only the kinds of environmental candidates that they are looking for, but also specifically why a new candidate would benefit by making a lateral move, and precisely how the firm plans to make that happen.
Who pays your fees?
My law firm clients pay 100% of my fees. Candidates pay no fees. Clients are happy to pay for the opportunity to talk with accomplished environmental lawyers that have the specific sub practice skills that they need and who will bring value to their firms.
How much are you paid by your law firm clients for moving me to their firm?
The terms of my fees are confidential and cannot be disclosed without prior client approval. That said, it is well known and widely reported that most lawyer recruiting contracts pay outside recruiters a fee of about 20% to 30% of agreed lawyer compensation.
Do you perform “exclusive” or “non-exclusive” searches for your clients?
Both. About 30% of our searches are “exclusive” for a period of 90 days, after which another recruiter can be brought in by the client if we have not been able to perform to the client’s satisfaction. Our clients have chosen to go with another recruiter/headhunter only twice in the past 20+ years.
Why don’t you always work on an exclusive basis?
Two reasons. First because some clients simply don’t want to work with any recruiter on a exclusive basis. Second, by working on a non-exclusive basis I remain free to introduce a candidate that is rejected by a client, or that rejects a client, to another client without concern over ethical issues.
How much of your business involves finding new environmental partners to replace retiring partners?
Between 15% to 20% in any given year.
How much help has your Am Law 200 succession database been in helping you to place new environmental partners?
Extremely helpful. It has allowed us to quickly identify target firms likely to need to replace a retiring partner; compare a candidate’s qualifications, experience and sub practice skill set with the client’s needs and determine candidate interest.
If I choose to work with you, and a client is interested in talking with me about replacing a retiring partner, can you find out how much business the retiring lawyer has and what type of business?
Absolutely. It’s very difficult to get that kind of information before submitting a Redacted Profile, but clients that are really interested in moving forward after reviewing a profile are almost always willing to share that information in order to entice the candidate to continue to move forward.
How do you avoid conflicts when searching for environmental partners that are probably of interest to all of your law firm clients?
Three ways – First, my small size, and limited client base actually reduces the potential for client conflicts and lets me approach far more potential partner candidates practicing in firms that are not clients sponsoring the search. Second, I let the candidates that I work with decide the firm(s) that they want to talk with, and; Third, my business model allows me to further minimize conflicts by allowing clients the option of choosing a non-exclusive contingency search, or an exclusive “retingency”(blended) search, limited to a specific legal market area or city during a particular time-frame..
What is the biggest problem you face in working with clients looking to bring new partners into their firms?
Without any doubt getting the client to take the time needed to develop a very clear lawyer integration plan explaining exactly how and why a candidate should expect to find greener pastures at their firm. When you try to convince an accomplished candidate to consider a client, you must give her/him unvarnished facts showing them why. That said, we do not have any problems convincing our “better “clients to play by our “rules” and provide us with this information to share with our candidates.
How can I be sure that one of your clients’ wont promise to properly integrate me into the firm after joining, and then renege on the promise?
The short answer is that you can’t. But our interests are clearly aligned and hitched to the same star since I stop receiving periodic commission payments if a partner prematurely leaves the firm (voluntarily or otherwise) and I will do absolutely everything that I can to make sure you are happy.
Do all of your clients have formal integration plans, and if so at what stage in the recruiting process should I have a chance to review a plan?
No. Only about 15% of our clients have what we consider to be “good” integration plans, which clearly tell a prospective candidate not just what he/she might expect upon joining the firm (i.e.., dramatically increase your book of business) but also and perhaps most important, exactly what would they do to make it happen.
Do your clients have a “transparent” partner compensation structure, where every partner knows the compensation of all other partners?
Only about 25% of my clients have fully transparent compensation systems, and many of those that do not offer above-average compensation packages to attract new partners.
Can you compare your clients practice metrics with my current firm’s metrics?
Yes. I subscribe to several law firm ranking/information services providers that track Am Law 200 firm metrics annually, including for example: “revenue per lawyer”, ‘profits per equity partner”, and “% firm profits”, to name a few. The partners that I work with frequently ask me to provide them with a comparison of key metrics for client firms that are interested in talking with them and their current firm.
If I were to make a move at the partner level, to a new firm, would the firm give me credit if I were to originate new business from a current client of the firm?
Maybe. About 25% of our clients provide full credit for new originations from a current client of the firm that is 100% attributable to a new partners efforts and it is clear that the business would not have come in absent the efforts of the new partner. Other, maybe 50% of our clients allow for a splitting of credit between the lawyer that first brought the client into the firm and the new partner joining the firm, and about 25% of our clients would not give the new partner any credit at all.
Do you have clients with multiple “partner levels?
Yes. Most offer traditional “income” or “profit” partner as well as equity partner opportunities. or profit partners” and “equity partners”, but others also have 2 levels of income partnership.
Do environmental lawyers who are equity partners at their firm come into a new firm as equity partners?
Probably not. The majority of firms bring all new partners in as income partners or contract partners, but include them as “partners”, so that nobody knows whether they are equity or income partners. Most require a “waiting period” of 1-2 years to see how things go before voting in a candidate as an equity partner.
Can you estimate what my compensation would have been if I had joined a client’s firm last year or the year before?
Maybe, especially for firms with transparent compensation systems, we are often to get an estimate without divulging your identity. Generally, the higher a partner candidates portable numbers the easier it is to get such information .
Can an environmental partner enjoy a big law compensation level in a smaller environmental boutique offering a better work/life balance?
Probably not, but many candidates are willing to trade reduced compensation for reduced stress.
Is it possible to clear conflicts early on in the process before completing a firm Lateral Partner Questionnaire?
Absolutely, and I always recommend that partner level lawyers do so early as possible in the recruiting process, ideally as soon as possible after the client determines serious interest in a partner candidate, and well in advance of the (usually) long drawn out Lateral Partner Questionnaire (“LPQ”) completion process.is completed. Despite every attempt to streamline and expedite the process, on average, it takes between 3-6 weeks for a candidate to complete and finalize his/her LPQ and might be eliminated from consideration due to conflict at that time. I have developed and use a simple “Preliminary Conflict Check” designed to minimize the sudden surprise appearance of deal breaking “legal” and (far more devastating “business” conflicts latter.
How long does take to move from one firm to another?
About 1 to 3 months for associates; 2 to 6 months, and; 5 to as high as 22 months for group moves.
What “kinds” of environmental and energy partners are your “traditional” law firm clients looking for?
Most of our traditional law firm clients are looking to replace environmental partners that are retiring and bring in new partners with specialized knowledge needed to bolster specific sub-practice capabilities needed by major existing and new clients. During the last 2-years we have seen a significant uptick in client need for partners practicing at the intersection of energy (renewable and traditional) and environmental law, and in particular those with strong NEPA and permitting experience, ideally as a member of the firm’s project management team. California and Washington state continue to lead th pack.
Do lawyers who are equity partners in their current firm make the lateral move to new firms as equity partners?
Usually not. Most move into a new firm as “contract” or “income partners for a 1- or 2-year period before being considered for equity status. But there is no hard and fast, and there have been exceptions, especially with partners with very significant portable business.
What virtual firm clients do you represent?
I represent the top 5 “virtual” or “alternative model” law firms in the U.S. that dramatically reduces overhead costs; allows “Members” to work remotely; allows Members to retain about 70%-80% of their originations, (rather than 35% to 40% offered by most traditional brick and mortar firms); allows Members to offer lower rates to key clients, and; more accurately predict the 35% to 45% compensation owing to them from referral work at years-end.
What kind of cross-selling or referral revenues could I expect at a virtual firm?
It really depends on the firm; its clients and your practice, sub practice and skill-set expertise. Understandably, no firm wants to absolutely commit to a number, but all suggest that a significant portion of the average Members revenue comes from cross-selling and referrals, usually around 50% to 60%. Also, although no guarantees, you can usually get a fairly good idea by checking to see if a virtual firm has a deep bench in your particular sub practice area. For example, one of our clients has a very robust M&A/Real Estate practice but no Members with solid “due diligence” experience. As a result the group is forced to export the work at far less profit than if handled by another put the virtual firm.
What kind of partner level candidates are your “virtual” firm clients looking for?
Generally candidates with $300K to $500+K in steady originations. They generally “target” partners concerned about losing clients because of higher rates required by their traditional brick and mortar firms; those that want to work remotely from home in order to help raise a family, or; those that are having trouble growing their originations and need to hold onto a higher percentage of originations.
Do all virtual firms employ similar business models?
While all virtual firms strive to reduce operating costs by reducing big law overhead and allow Members to hold onto more of their originations, there are some very significant differences that must be considered by any partner contemplating a move to a virtual firm. Perhaps chief among them, most virtual firms do not offer equity participation. These firm argue that Members “are already” making more than they were making as equity partners at their prior firms. While there may be some truth to this, they ignore the fact that their models tend to pit the interests of regular Members (looking for more and more support in order to grow practices) against the 2 or 3 “Managing Members” wanting to reduce or keep costs steady in order to hold onto more of their profits. In recognition of this issue one virtual firm established five levels of equity participation keyed to Member performance. Virtual firms also differ in how they view maintenance offices, with one operating without any; three maintaining small “meeting offices”, and one with more traditional space paid for by taking another 10% from Members originations. Another major area where there are differences is in the area of in-house paralegal, associate and counsel support, with three providing support with the cost paid by the Member needing such support with the remaining two firms encouraging Members to directly contract for needed support.
Are there “equity partners” in virtual firms?
Yes – but only at one, which offers 5 different levels of equity partner participation keyed to the amount of your annual originations. The others do not.
Why do virtual firms look for about $500K+ in originations and not $1M-$2M+ like most traditional firms in major markets?
Because, if you have a $500K book, and pay them 30% (amount varies depending on gross originations) or $150K, you can probably live OK on $350K, as compared to the $165K to $200K he or she might bring home at a traditional firm.