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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

MWE Guide Outlines Compliance Priorities for Litigation Fund Managers

By John Freund |

Fund managers exploring or operating within the litigation finance space face a complex and often underappreciated regulatory landscape. A recent guide from McDermott Will & Emery provides a detailed roadmap for how litigation fund managers can navigate this evolving environment, with a particular focus on securities laws, fiduciary obligations, and conflicts of interest.

The memo serves as a primer on key legal considerations, especially for those managing funds in the United States or marketing to U.S. investors. It emphasizes that litigation finance funds may be subject to the same regulatory scrutiny as traditional investment vehicles. Managers must consider registration requirements under the Investment Advisers Act of 1940, as well as exemptions, such as those for foreign private advisers or venture capital fund advisers. The authors also explore the application of the Investment Company Act of 1940, cautioning that even non-traditional funds can be pulled into regulatory oversight if structured improperly.

Fiduciary duties take center stage in the memo’s discussion of fund governance. Managers are reminded that they owe duties of care and loyalty to their investors, which can become complicated in litigation finance where the fund’s interests may diverge from those of claimholders or legal counsel. Disclosure, consent mechanisms, and robust internal compliance protocols are strongly recommended to mitigate potential conflicts.

The guide also highlights the increasing focus by regulators and policymakers on transparency and ethical boundaries within the litigation finance industry. Fund managers are urged to prepare for heightened scrutiny and evolving disclosure expectations.

Commercial Regulatory Issues

Op-Ed in The Hill Targets Foreign Investment in Litigation Funding

By John Freund |

A growing chorus of voices is calling for greater scrutiny of third-party litigation funding, with a new op-ed warning that opaque capital is compromising the integrity of the U.S. civil justice system.

An opinion piece in The Hill by Lindsay Lewis and Phil Goldberg of the Progressive Policy Institute argues that American courtrooms are being quietly transformed into a financial marketplace, with hedge funds, foreign sovereign wealth funds, and other investors channeling billions into U.S. litigation. The authors highlight an alleged lack of disclosure, warning that litigation funders can influence or outright control high-value cases, often without the knowledge of courts, litigants, or the public.

The litigation funding industry has long cited a lack of evidence regarding such accusations, yet the pressure from industry critics persists. The article points to mass torts as a flashpoint for abuse, claiming funders are building lawsuits “too big to fail” by bankrolling advertising campaigns and scientific claims to pressure companies into mass settlements regardless of the merits.

The op-ed also echoes previously-made critiques around national security and economic concerns, citing recent reports of Chinese, Russian, Saudi, and Emirati-backed funds investing in U.S. litigation. These foreign entities, the authors argue, could use lawsuits to access sensitive corporate data or strategically target American companies, all while avoiding U.S. taxes on any litigation proceeds.

Lewis and Goldberg call for reforms mandating disclosure of litigation funders, establishing ethical walls between financiers and legal strategy, and regulating foreign involvement in U.S. lawsuits.

Commercial Regulatory Issues

Increased Access to Justice for Claimants to Take on Powerful Organisations in Court

Ordinary people will have greater access to justice thanks to Government’s plans for legislation to help claimants receive the funding they need to take on powerful organisations in court.    

Since the Supreme Court ruling in PACCAR in 2023, claimants have faced uncertainty about whether they can secure funding from third parties in order to bring a civil case against a well-resourced opponent.  

Third-party litigation funding allows people to bring complex legal cases against powerful organisations when they cannot afford the costs themselves. Under these arrangements, a funder pays for the legal case in exchange for a share of any compensation won.   

The PACCAR judgment, which classed these funding arrangements as “Damages Based Agreements”, made it harder to access to third-party funding and has resulted in a drop in collective action lawsuits. Today, the government is confirming that it will take action to remove this barrier to justice by clarifying that Litigation Funding Agreements are not Damages Based Agreements, protecting victims and claimants.   

Minister for Courts and Legal Services, Sarah Sackman KC MP, said:  “The Supreme Court ruling has left claimants in unacceptable limbo, denying them of a clear route to justice. Without litigation funding, the Sub-postmasters affected by the Horizon IT scandal would never have had their day in court. These are David vs Goliath cases, and this Government will ensure that ordinary people have the support they need to hold rich and powerful organisations to account. Justice should be available to everyone, not just those who can afford it."   

David Greene, co-president of the Collective Redress Lawyers Association (CORLA) said: “This announcement is good news for ordinary people seeking access to justice. However, whilst the government has recognised the urgent need to reverse PACCAR, the proposal to regulate litigation funding agreements as part of the proposed legislation is likely to add considerable delay. We therefore urge the government to introduce an urgent bill to reverse PACCAR, and that the thornier issue of what light touch regulation of litigation funding might look like be considered separately.”

The UK’s legal services industry is worth £42.6 billion a year to the economy, with a highly skilled workforce of 384,000.  

A new framework will ensure that agreements are fair and transparent, so that third-party litigation funding actually works for all those involved.  These changes follow a comprehensive and wide-ranging review by the Civil Justice Council (CJC), published earlier this year. The government will continue to consider the recommendations set out in the CJC review.