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The Pros and Cons of Contingency or Retained Search for Law Firms

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SUMMARY Hiring top legal talent can be difficult, and choosing between a retained search or a contingency search model is an important decision. Each offers advantages and disadvantages - retained searches are more costly but provide access to higher-quality candidates, while contingency searches are less expensive but may not yield the best results. Law firms should carefully consider their resources and needs before deciding which legal search model is best for them. With careful consideration, law firms can make the right decision to ensure the successful recruitment of top-tier legal talent.
The Pros and Cons of Contingency or Retained Search for Law Firms
QUESTIONS ASKED IN THIS ARTICLE

1. What are the advantages of a retained search?

The main advantage of a retained search is that it allows employers to access and recruit passive talent who may otherwise be unavailable. Additionally, retained searches typically involve an extensive vetting process, ensuring that recruits have undergone an in-depth review before arriving at the firm.

2. What are the disadvantages of a retained search?
The main disadvantage of a retained search is that it is more expensive than contingency searches and may require more staff time. Additionally, it can be challenging to identify and reach passive candidate pools.

3. What are the advantages of a contingency search?
The main advantage of a contingency search is that it is more cost-effective than a retained search. Additionally, contingency searches are typically faster due to their reliance on individual recruiters who are not part of an official company structure.

4. What are the disadvantages of a contingency search?
The main disadvantage of a contingency search is that the quality of candidates may be lower than those from a retained search. Additionally, the individual recruiters need more dedicated professionals of a core team who are part of a retained search.

5. What should law firms consider when deciding between a contingency and retained search?
Law firms should consider their needs, resources, and budget when deciding between a contingency and retained search. Each search type has advantages and disadvantages, so law firms must carefully weigh the positives and negatives to determine which search type is best for their practice or firm. Ultimately the decision should consider all essential factors and which type of legal search model would best suit a firm's specific needs.

For a more in-depth understanding of the strategic benefits, explore the benefits of a retained search, which offers insights into accessing a larger pool of highly qualified candidates.

There are two common ways for law firms to find new candidates - through contingency or retained search. Here are the pros and cons of each option to help you decide which is best for your firm. Contingency search is often seen as the cheaper and less risky option, while retained search offers a more personal touch and allows firms to be more selective in their candidate choice. Ultimately, the decision comes down to your firm's needs and preferences.
 

Definitive Guide to Comparing Contingency Search vs. Retained Search in Legal Recruitment

When it comes to legal recruitment, contingency, and retained search are two popular recruiting methods for law firms. Contingency search typically involves a firm or individual paying recruitment fees based on a successful hire. The fees can range from a flat fee to a percentage of the candidate's starting salary. On the other hand, retained search involves a firm or individual paying additional fees upfront to secure the services of a particular recruiter or executive search firm. This fee may also include additional services such as in-depth assessment processes and other activities that help to ensure the best candidates are found quickly. Both contingency recruitment and retained firms offer advantages such as greater control over the recruiting process. Still, it can be difficult to compare their relative benefits without understanding each unique circumstance. For insights into the advantages of using a search firm, explore our article on advantages of using a search firm
, which discusses how recruiters can ensure your resume is reviewed by the right people. To understand the roles and responsibilities of legal recruiters, refer to our comprehensive guide on working with legal recruiters.
 

Understanding the Benefits and Challenges of a Contingent Search

Contingent Search Benefits

When it comes to contingent searches for legal talent, law firms stand to benefit in multiple ways. Contingent recruiters can quickly identify potential candidates and screen them more efficiently than a law firm can do alone. In vetting these potential new hires, they can save time and costs associated with more traditional search methods. Additionally, contingent search recruiters are often paid only when they successfully place candidates in the desired role. This can lead to even greater cost savings for the law firm over time than retained searches. To uncover insider secrets of legal recruiters, consider reading our article on insider secrets of legal recruiters
, which sheds light on industry practices..

Pros:
  • Quickly identify potential candidates
  • The screening process is more efficient than a law firm can do alone
  • Save time and costs associated with more traditional search methods
  • Recruiters are paid only when they successfully place a candidate
  • This can lead to greater cost savings for the law firm over time.


Contingent Search Drawbacks

Those looking for a recruitment solution for their law firm may not be aware of the limitations of a contingent search. Instead of an individualized recruitment process specifically dedicated to their firm, a contingent search generally involves posting job advertisements and allowing recruitment firms to "fish" on their behalf. This can mean limited control over who is sent to them and lower-quality candidates, making it tough to find the right candidate quickly. Sure, there may be cost savings compared to retained recruitment firms, but if the right person is not found, this will be money wasted.

To learn about the qualities of a world-class recruiter, explore our article on qualities of a world-class recruiter, which outlines the skills and experiences necessary for success.

Cons:
  • Limited control over who is sent to them
  • Lower-quality candidates
  • Tough to find the right candidate quickly
  • Money is wasted if the right person is not found.
 

Understanding the Benefits and Challenges of a Retained Search

Retained Search Benefits

Retained executive search offers law firms a unique opportunity to gain greater control over the selection of potential candidates. By utilizing retained search firms, law firms can provide specific details on the desired candidate and ensure that retained search firms prioritize quality over quantity in the recruiting process. Additionally, retained search results in a more efficient recruitment experience since retained search firms are exclusively dedicated to ensuring the success of each retained project they take on. Furthermore, retained executive searches ensure that agencies can access top-tier talent with fewer resources and shorter periods due to their expertise and established relationships with legal professionals.
 
Pros:
  • Gain greater control over the selection of potential candidates
  • Prioritize quality over quantity in the recruiting process
  • More efficient recruitment experience
  • Access top-tier talent with fewer resources and shorter periods.
 

Contingent Search Drawbacks

A retained search is often more involved, labor-intensive, and slower than a contingency search method. The passive candidate pool can be harder to identify and reach, which requires additional resources and effort. As the process for a retained search is longer, it may also take up more of an employer's staff time. Also, because this type of search involves higher fees than contingency searches, employers must be willing to pay the cost to attract passive candidates who may otherwise be unavailable without a retained search. The bottom line is that although the cost of a retained search may have drawbacks, it could lead to a long relationship with the passive candidate or desirable outcomes in the form of higher-quality placements.
 
  • For guidance on selecting the right recruitment model, refer to our article on hiring a legal recruiter, which discusses industry-standard fees and considerations.

Cons:
  • More involved, labor-intensive, and slower search process
  • Harder to identify and reach the passive candidate pool
  • Takes up more of an employer's staff time
  • Higher fees than contingency searches.
 

Which Legal Search Model is Right for Your Firm?

Deciding between a contingency or retained search for top-tier legal talent can be difficult, as each offers its advantages and disadvantages. For larger firms with substantial resources, a retained search is often the most suitable choice due to the ability to draw on a guaranteed pool of top performers who have already undergone an extensive interview process. This ensures that recruits have gone through an in-depth review before arrival at the firm, mitigating the need for further recruitment once they join. Alternatively, when resources are slim or costs are major considerations, a contingency search may be preferable given the more cost-effective nature of such an approach. While this typically relies on working with individual recruiters who are not part of an official company structure and thus cannot match the dedication of a core team of dedicated professionals, it can still yield top results. Ultimately the decision should take into account all key factors and consider which type of legal search model would best suit a particular firm's specific needs.
  • To explore various recruiting approaches, consider reading about the styles of law firm recruiting, which categorizes them into transactional, intentional, and strategic styles.

The decision between a contingency search or a retained search depends on the specific needs of each law firm. For larger firms with substantial resources, a retained search is often the most suitable choice due to its ability to draw on a guaranteed pool of top performers. On the other hand, when resources are slim or costs are significant considerations, a contingency search may be preferable given the more cost-effective nature of such an approach. Ultimately, each law firm should carefully weigh its options to determine which legal search model best fits their needs.
  • Understanding the nuances of hiring decisions can further inform your approach; refer to our article on hiring decisions for law firms for comprehensive insights.

Conclusion

When searching for a candidate, it is important to consider the pros and cons of both a retained search and a contingency search. While each search type has advantages and disadvantages, the best search depends on a law firm's needs and resources. Retained searches cost more but allow for more control over the process, helping to ensure that candidates are high quality. Contingency searches are cheaper but often do not deliver top-quality candidates. Ultimately, law firms must weigh the positives and negatives before selecting the best search type for their practice or firm. Although deciding between contingency and retained searches may be tedious, it is essential to recruiting success.
 
  • If you're considering a career in legal recruitment, our article on becoming a legal recruiter provides valuable insights into the profession.



About Harrison Barnes

No legal recruiter in the United States has placed more attorneys at top law firms across every practice area than Harrison Barnes. His unmatched expertise, industry connections, and proven placement strategies have made him the most influential legal career advisor for attorneys seeking success in Big Law, elite boutiques, mid-sized firms, small firms, firms in the largest and smallest markets, and in over 350 separate practice areas.

A Reach Unlike Any Other Legal Recruiter

Most legal recruiters focus only on placing attorneys in large markets or specific practice areas, but Harrison places attorneys at all levels, in all practice areas, and in all locations-from the most prestigious firms in New York, Los Angeles, and Washington, D.C., to small and mid-sized firms in rural markets. Every week, he successfully places attorneys not only in high-demand practice areas like corporate and litigation but also in niche and less commonly recruited areas such as:

This breadth of placements is unheard of in the legal recruiting industry and is a testament to his extraordinary ability to connect attorneys with the right firms, regardless of market size or practice area.

Proven Success at All Levels

With over 25 years of experience, Harrison has successfully placed attorneys at over 1,000 law firms, including:

  • Top Am Law 100 firms such including Sullivan and Cromwell, and almost every AmLaw 100 and AmLaw 200 law firm.
  • Elite boutique firms with specialized practices
  • Mid-sized firms looking to expand their practice areas
  • Growing firms in small and rural markets

He has also placed hundreds of law firm partners and has worked on firm and practice area mergers, helping law firms strategically grow their teams.

Unmatched Commitment to Attorney Success - The Story of BCG Attorney Search

Harrison Barnes is not just the most effective legal recruiter in the country, he is also the founder of BCG Attorney Search, a recruiting powerhouse that has helped thousands of attorneys transform their careers. His vision for BCG goes beyond just job placement; it is built on a mission to provide attorneys with opportunities they would never have access to otherwise. Unlike traditional recruiting firms, BCG Attorney Search operates as a career partner, not just a placement service. The firm's unparalleled resources, including a team of over 150 employees, enable it to offer customized job searches, direct outreach to firms, and market intelligence that no other legal recruiting service provides. Attorneys working with Harrison and BCG gain access to hidden opportunities, real-time insights on firm hiring trends, and guidance from a team that truly understands the legal market. You can read more about how BCG Attorney Search revolutionizes legal recruiting here: The Story of BCG Attorney Search and What We Do for You.

The Most Trusted Career Advisor for Attorneys

Harrison's legal career insights are the most widely followed in the profession.

Submit Your Resume to Work with Harrison Barnes

If you are serious about advancing your legal career and want access to the most sought-after law firm opportunities, Harrison Barnes is the most powerful recruiter to have on your side.

Submit your resume today to start working with him: Submit Resume Here

With an unmatched track record of success, a vast team of over 150 dedicated employees, and a reach into every market and practice area, Harrison Barnes is the recruiter who makes career transformations happen and has the talent and resources behind him to make this happen.

A Relentless Commitment to Attorney Success

Unlike most recruiters who work with only a narrow subset of attorneys, Harrison Barnes works with lawyers at all stages of their careers, from junior associates to senior partners, in every practice area imaginable. His placements are not limited to only those with "elite" credentials-he has helped thousands of attorneys, including those who thought it was impossible to move firms, find their next great opportunity.

Harrison's work is backed by a team of over 150 professionals who work around the clock to uncover hidden job opportunities at law firms across the country. His team:

  • Finds and creates job openings that aren't publicly listed, giving attorneys access to exclusive opportunities.
  • Works closely with candidates to ensure their resumes and applications stand out.
  • Provides ongoing guidance and career coaching to help attorneys navigate interviews, negotiations, and transitions successfully.

This level of dedicated support is unmatched in the legal recruiting industry.

A Legal Recruiter Who Changes Lives

Harrison believes that every attorney-no matter their background, law school, or previous experience-has the potential to find success in the right law firm environment. Many attorneys come to him feeling stuck in their careers, underpaid, or unsure of their next steps. Through his unique ability to identify the right opportunities, he helps attorneys transform their careers in ways they never thought possible.

He has worked with:

  • Attorneys making below-market salaries who went on to double or triple their earnings at new firms.
  • Senior attorneys who believed they were "too experienced" to make a move and found better roles with firms eager for their expertise.
  • Attorneys in small or remote markets who assumed they had no options-only to be placed at strong firms they never knew existed.
  • Partners looking for a better platform or more autonomy who successfully transitioned to firms where they could grow their practice.

For attorneys who think their options are limited, Harrison Barnes has proven time and time again that opportunities exist-often in places they never expected.

Submit Your Resume Today - Start Your Career Transformation

If you want to explore new career opportunities, Harrison Barnes and BCG Attorney Search are your best resources. Whether you are looking for a BigLaw position, a boutique firm, or a move to a better work environment, Harrison's expertise will help you take control of your future.

Submit Your Resume Here to get started with Harrison Barnes today.

Harrison's reach, experience, and proven results make him the best legal recruiter in the industry. Don't settle for an average recruiter-work with the one who has changed the careers of thousands of attorneys and can do the same for you.


About BCG Attorney Search

BCG Attorney Search matches attorneys and law firms with unparalleled expertise and drive, while achieving results. Known globally for its success in locating and placing attorneys in law firms of all sizes, BCG Attorney Search has placed thousands of attorneys in law firms in thousands of different law firms around the country. Unlike other legal placement firms, BCG Attorney Search brings massive resources of over 150 employees to its placement efforts locating positions and opportunities its competitors simply cannot. Every legal recruiter at BCG Attorney Search is a former successful attorney who attended a top law school, worked in top law firms and brought massive drive and commitment to their work. BCG Attorney Search legal recruiters take your legal career seriously and understand attorneys. For more information, please visit www.BCGSearch.com.

Harrison Barnes does a weekly free webinar with live Q&A for attorneys and law students each Wednesday at 10:00 am PST. You can attend anonymously and ask questions about your career, this article, or any other legal career-related topics. You can sign up for the weekly webinar here: Register on Zoom

Harrison also does a weekly free webinar with live Q&A for law firms, companies, and others who hire attorneys each Wednesday at 10:00 am PST. You can sign up for the weekly webinar here: Register on Zoom

You can browse a list of past webinars here: Webinar Replays

You can also listen to Harrison Barnes Podcasts here: Attorney Career Advice Podcasts

You can also read Harrison Barnes' articles and books here: Harrison's Perspectives


Harrison Barnes is the legal profession's mentor and may be the only person in your legal career who will tell you why you are not reaching your full potential and what you really need to do to grow as an attorney--regardless of how much it hurts. If you prefer truth to stagnation, growth to comfort, and actionable ideas instead of fluffy concepts, you and Harrison will get along just fine. If, however, you want to stay where you are, talk about your past successes, and feel comfortable, Harrison is not for you.

Truly great mentors are like parents, doctors, therapists, spiritual figures, and others because in order to help you they need to expose you to pain and expose your weaknesses. But suppose you act on the advice and pain created by a mentor. In that case, you will become better: a better attorney, better employees, a better boss, know where you are going, and appreciate where you have been--you will hopefully also become a happier and better person. As you learn from Harrison, he hopes he will become your mentor.

To read more career and life advice articles visit Harrison's personal blog.


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