Top 11 List for Temporary Hiring
Thomas F. Cushing, Esq.

Temporary legal personnel can add value in-house in a variety of ways—assisting in a due diligence or litigation-based doc revew project, filling-in for a leave or departure, or just handling an overload that may not endure. If past is prologue, this “flexible staffing” will lead the economic recovery, as companies stick a toe in the talent pool before taking the plunge back into regular hiring. Thus, it’s timely ( we hope!) to offer a brief refresher on some important factors to consider in pursuing this often efficient way to get work done.

11. These days, it’s pretty easy to get help. Most agencies are set up as a clearinghouse, so they’ve pre-screened and qualified their candidates. They should be ready to go at a moment’s notice, and they’re used to the fact that the process might have been smoother if it had started two weeks ago. Emergencies are routine these days—so don’t forego the opportunity to get some help, thinking that it’ll be a drawn-out process. Many agencies can have resumes to you within hours for your review, or candidates behind desks in a day if you trust your recruiter’s judgment.

10. Ask about the agency and get to know your recruiter. Who are some of their other clients? Do they have references (good to know even if you don’t call on them—you may know and trust the reference’s judgment)? What’s their background in law? How long have they been doing this work? Do they handle both candidate interviewing and placement? Do they share clients and/or candidates with their colleagues at the agency or do they compete internally? How long have they and the agency been open in the Bay Area?

9. Once you’re reasonably pleased with the service from an agency, consider forming an ongoing relationship with them. The old adage about clients being ten times better to “keep” than to “get” applies here. If you may be the source of further business, it may be worth it to the agency to give a price break or other incentive. That could be a big win-win.

8. The closer you can specify your needs, the better will be the match. Many legal recruiters have experience in practice, and know-how they can bring to bear. Use it by preparing them to do the bulk of the work. Is there a job description? Do you have a sense of how senior the work is, whether it’s full or part-time, or how long it’ll last? Is there a budget? All those things help your recruiter find people who will fit—immediately and longer term. And you may get a break on pricing if there is reasonable certainty about the duration and intensity (hours/week) of the engagement that reduces candidate risk and allows them some sense of forward-planning.

7. Don’t overlook the “soft stuff.” What personality types work well with the person in charge of the work? That factor can be as important as the technical skills required. Your recruiter may not be shocked to learn that forward planning and organization are a particular attorney’s short suit. Good matches include structuring the right expectations up-front, as well. “Forewarned is forearmed” here as far as helping the candidate understand how to add value.

6. Is there a temp-to-hire option? If so, what’s the conversion formula—e.g. over what period can you earn your way out of the placement fee? And what happens if the project exceeds that period, but you don’t convert the candidate to your payroll? If the agency had been willing to convert the candidate without a fee, might the mark-up be adjusted?

5. Don’t forget due diligence regarding classification, insurance and workers’ comp. It’s usually desirable for the candidate to be an employee of the agency, with clear responsibility for tax and liability matters. Is the agency providing Errors and Omissions coverage? The agency should be able to explain their policies, and provide an insurance certificate at your request.

4. Take advantage of the “experience premium.” Many of the best candidates are over-qualified for the work they’ll be doing, but it’s the seniority of the work that drives the bill-rate. These candidates are not looking for career-making work, and are quite happy to do what they’re asked. More experienced candidates may well do it more efficiently, at no extra cost, so don’t limit yourself by imposing a ceiling on experience.

3. Having said that, for fungible projects, consider new law grads. Document reviews, for example, require people who can read fast and spot issues, skills that many new lawyers and entry-level paralegals have mastered. Here the experience premium above does not mean as much as in other assignments, and newly minted professionals are both eager and plentiful—their rates tend to be well-below their more experienced colleagues. Thus, scarce budget dollars may be better spent on them, with little effect on the quality of the work-product.

2. Let the agency do the dirty work. Sad to say, occasionally or over time, some placements don’t work or deteriorate. Part of the value you can derive is allowing the agency to handle any unpleasantness around termination. Chances are, they’ve done it before and can smooth the process. One step removed from the cause, they can also handle any disappointment and deflect hard questions. We are in a time of a relatively rich talent pool, so do not hesitate to trade up if the project justifies it.

1. Don’t be afraid to shop. The candidate databases of the agencies overlap quite a bit. Their policies, including mark-ups, probably vary pretty dramatically. You may as well get the best price for your placement, and the openness of the agency in discussing such matters may tell you a lot about what it will be like to work with them.

Tom Cushing is a founding Principal of Cushing Bicksler Group, providing direct-hire and temporary placement services of attorneys, paralegals and other legal professionals in the Bay Area.