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5 Ways to Retain Top Legal Talent: Why Employees Stay

By Richard Culberson |
December 17, 2024

5 Ways to Retain Top Legal Talent: Why Employees Stay

The following article was contributed by Richard Culberson, CEO of Moneypenny & VoiceNation, North America.

The legal profession is evolving rapidly, and so is the workforce driving it. This makes retaining top talent critical to ensuring continuity, quality of service, and avoiding the costs and disruption of frequent recruitment.

According to data from the U.S. Bureau of Labor Statistics, over 47 million Americans left their jobs in 2021 alone, with millions continuing to do so each month. For businesses , this turnover presents both a challenge and an opportunity to understand what employees truly value and how to build a workplace they won’t want to leave.

Here are five steps to guide you in creating a workplace where professionals feel supported, motivated, and committed to growing with your firm.

1. Hire for Culture and Potential

The stakes are high in legal recruitment, and hiring the wrong person can have a ripple effect on morale, productivity, and client relationships. So, let’s slow down and hire right.

Instead of focusing solely on technical skills and qualifications, look beyond the resume for candidates whose values align with your firm’s culture and long-term goals. Diversity of thought and perspective is an asset in all business and adaptability is increasingly important. The first step is to revisit your hiring process to ensure you’re asking the right questions and seeking individuals who can not only excel in the role today but also grow with your firm in the future.

2. Invest in Their Professional Journey

Your people are your greatest assets, and just like your clients, they require attention and investment. You’ve spent time hiring right, now, it is time to invest in your choices, ensuring that they are set up to succeed from day one.

Make their onboarding experience seamless and engaging but also show them the culture and career path you promised during recruitment. Then, continue this thinking beyond the onboarding and provide opportunities for professional development through training, mentoring, and clear advancement pathways.

In the competitive legal sector, demonstrating a proactive commitment to employee growth and well-being is key to retaining top talent, ensuring your team feels valued and supported in reaching their full potential.

3. Foster Engagement Through Purpose

We all know that engaged employees are productive employees, but often it is forgotten that engagement starts with clarity. Do your team members understand how their daily work contributes to the firm’s overall success?

Lawyers are often driven by purpose—whether it’s delivering justice, protecting client interests, or achieving innovative outcomes. So, make it a priority to connect their individual roles to the bigger picture and, in doing so, celebrate their contributions, involve them in decision-making, and foster an environment of trust and open communication.

By aligning their goals with the firm’s mission, you create a workplace where everyone feels invested in the outcomes.

4. Lead with Empathy and Kindness

The legal world is often synonymous with high pressure and long hours, but that doesn’t mean kindness should take a backseat. Empathy and understanding go a long way in fostering loyalty and trust. It is important, therefore, to recognize achievements, whether big or small, and make time to connect with your team on a human level. From writing a personal thank-you note for a job well done to ensuring flexible working arrangements during challenging times, it’s often the little things that make the biggest difference.

Kindness isn’t a sign of weakness—it’s a powerful tool for building a resilient and loyal team.

5. Make Retention a Continuous Process

Retention isn’t a one-time initiative—it’s an ongoing commitment. Law is a people-centered business so embed employee well-being, recognition, and development into the core of your firm’s culture.

Create an environment where your people feel genuinely appreciated, understood, and aligned with the firm’s vision. By doing this, you’ll cultivate a culture of loyalty and stability, where your team thrives—and your clients benefit as a result.

Why Employees Stay

In a profession where your people are your greatest asset, putting them first is essential. A happy, engaged team isn’t just good for employee retention; it directly impacts client satisfaction and the firm’s reputation.

By investing in your employees, fostering connection, and leading with empathy, you can ensure your firm remains competitive, resilient, and ready to face the future with the best team by your side.

About the author

Richard Culberson

Richard Culberson

Commercial

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Commercial

Litigation Funding Ethics: What Attorneys Must Weigh Before Saying Yes

By John Freund |

Third party litigation funding has evolved from a niche financing option into a mainstream tool for law firms seeking to manage risk and pursue complex or capital intensive cases. As funding becomes more accessible, attorneys are increasingly evaluating whether outside capital can support growth, extend runway, or enable representation of clients who might otherwise lack resources. However, the expansion of litigation finance has also brought renewed scrutiny to the ethical considerations lawyers must address before entering into funding arrangements.

An article in JD Supra outlines several critical issues attorneys should consider when evaluating third party funding. One of the most significant distinctions is between contingent funding arrangements and traditional non recourse loans. In contingent structures, funders receive a percentage of any recovery, which can raise concerns under long standing prohibitions against fee sharing with non lawyers and doctrines such as champerty. While a handful of jurisdictions have relaxed these rules, most states continue to prohibit arrangements that resemble equity participation in legal fees. Attorneys operating across jurisdictions must be particularly cautious to ensure compliance with applicable professional conduct rules.

Even traditional funding structures can present ethical challenges. Although non recourse loans are generally more widely accepted, conflicts can arise if a funder’s financial interests diverge from those of the client. For example, a lender may prefer an earlier settlement that ensures repayment, while a client may wish to pursue prolonged litigation in hopes of a larger recovery. The article emphasizes that lawyers must retain full independence in decision making and ensure that funding agreements do not give funders control over litigation strategy or settlement decisions.

Client consent and transparency are also central considerations. Attorneys should disclose funding arrangements where required, obtain informed client consent before sharing any information with funders, and remain mindful of evolving court disclosure requirements.

Announcements Case Developments Commercial

High Court Refuses BHP Permission to Appeal Landmark Mariana Liability Judgment 

By John Freund |

Pogust Goodhead welcomes the decision of Mrs Justice O’Farrell DBE refusing BHP’s application for permission to appeal the High Court’s judgment on liability in the Mariana disaster litigation. The ruling marks a major step forward in the pursuit of justice for over 620,000 Brazilian claimants affected by the worst environmental disaster in the country’s history. 

The refusal leaves the High Court’s findings undisturbed at first instance: that BHP is liable under Brazilian law for its role in the catastrophic collapse of the Fundão dam in 2015. In a landmark ruling handed down last November, the Court found the collapse was caused by BHP’s negligence, imprudence and/or lack of skill, confirmed that all claimants are in time and stated that municipalities can pursue their claims in England. 

In today’s ruling, following the consequentials hearing held last December, the court concluded that BHP’s proposed grounds of appeal have “no real prospect of success”. 

In her judgment, Mrs Justice O’Farrell stated:  “In summary, despite the clear and careful submissions of Ms Fatima KC, leading counsel for the defendants, the appeal has no real prospect of success. There is no other compelling reason for the appeal to be heard. Although the Judgment may be of interest to other parties in other jurisdictions, it is a decision on issues of Brazilian law established as fact in this jurisdiction, together with factual and expert evidence. For the above reasons, permission to appeal is refused”. 

At the December hearing, the claimants - represented by Pogust Goodhead - argued that BHP’s application was an attempt to overturn detailed findings of fact reached after an extensive five-month trial, by recasting its disagreement with the outcome as alleged procedural flaws. The claimants submitted that appellate courts do not re-try factual findings and that BHP’s approach was, in substance, an attempt to secure a retrial. 

Today’s judgment confirmed that the liability judgment involved findings of Brazilian law as fact, based on extensive expert and factual evidence, and rejected the defendants’ arguments, who now have 28 days to apply to the Court of Appeal.  

Jonathan Wheeler, Partner at Pogust Goodhead and lead of the Mariana litigation, said:  “This is a major step forward. Today’s decision reinforces the strength and robustness of the High Court’s findings and brings hundreds of thousands of claimants a step closer to redress for the immense harm they have suffered.” 

“BHP’s application for permission to appeal shows it continues to treat this as a case to be managed, not a humanitarian and environmental disaster that demands a just outcome. Every further procedural manoeuvre brings more delay, more cost and more harm for people who have already waited more than a decade for proper compensation.” 

Mônica dos Santos, a resident of Bento Rodrigues (a district in Mariana) whose house was buried by the avalanche of tailings, commented:  "This is an important victory. Ten years have passed since the crime, and more than 80 residents of Bento Rodrigues have died without receiving their new homes. Hundreds of us have not received fair compensation for what we have been through. It is unacceptable that, after so much suffering and so many lives interrupted, the company is still trying to delay the process to escape its responsibility." 

Legal costs 

The Court confirmed that the claimants were the successful party and ordered the defendants to pay 90% of the claimants’ Stage 1 Trial costs, subject to detailed assessment, and to make a £43 million payment on account. The Court also made clear that the order relates to Stage 1 Trial costs only; broader case costs will depend on the ultimate outcome of the proceedings. 

The costs award reflects the scale and complexity of the Mariana case and the way PG has conducted this litigation for more than seven years on a no-win, no-fee basis - funding an unprecedented claimant cohort and extensive client-facing infrastructure in Brazil without charging clients. This recovery is separate from any damages award and does not reduce, replace or affect the compensation clients may ultimately receive. 

Case Developments Commercial

Homebuyers Prepare Competition Claims Against Major UK Housebuilders

By John Freund |

A group of UK homebuyers is preparing to bring competition law claims against some of the country’s largest housebuilders, alleging anti competitive conduct that inflated new home prices. The prospective litigation represents another significant test of collective redress mechanisms in the UK and is expected to rely heavily on third party funding to move forward.

An announcement from Hausfeld outlines plans for claims alleging that leading residential developers exchanged commercially sensitive information and coordinated conduct in a way that restricted competition in the housing market. The proposed claims follow an investigation by the UK competition regulator, which raised concerns about how housebuilders may have shared data on pricing, sales rates, and incentives through industry platforms. According to the claimant lawyers, this conduct may have reduced competitive pressure and led to higher prices for consumers.

The claims are being framed as follow on damages actions, allowing homebuyers to rely on regulatory findings as a foundation for civil recovery. The litigation is expected to target multiple large developers and could involve tens of thousands of affected purchasers, given the scale of the UK new build market during the relevant period. While damages per claimant may be relatively modest, the aggregate exposure could be substantial.

From a procedural perspective, the case highlights the continued evolution of collective competition claims in the UK. Bringing complex, multi defendant actions on behalf of large consumer groups requires significant upfront investment, both financially and operationally. Litigation funding is therefore likely to be central, covering legal fees, expert economic analysis, and the administration required to manage large claimant cohorts.