If you have have reached the stage in your legal career where the feeling of dread starts of outweigh the feeling of content on a Monday morning, you may have already started to consider what those crucial next steps look like to make some changes.

At this crossroads, there are a number of options available, but crucially they boil down to two choices.

1. Speak up and express your unhappiness with your current employer. Depending on the root cause, it may be something that can be addressed and overcome or worked through. There may be a lateral move internally for example that would be worth considering, or a review of your working arrangements.

2. Consider other opportunities in the market. Whilst general hiring trends indicated a dip in the sector in 2023 and into 2024, vacancies are by and large still above pre-pandemic levels, and there is most certainly a wide range of roles available to those looking at pastures anew.

If you have found yourself in the second category, either by proxy, if all elements have been explored in option 1, or you feel it is simply the right ‘time’ there is also another route available that has seemed to gain momentum in the last 12 months – returning to an ex-employer.

The Boomerang Phenomenon

If you have ever considered the possibility of returning to a former employer, you’re not alone. Welcome to the intriguing concept of “boomerang hires” – a phenomenon that is reshaping the way we view career trajectories – and one that has gained popularity in recent months.

As the term coined implies, put simply it means returning or circling back to a previous workplace – whether that’s because you are seeking a fresh start somewhere else, or are aiming to rediscover a company culture that you once thrived in.

According to a recent article in the Harvard Business Review, research has shown that boomeranging was previously quite rare. However, more recent studies have found that across a wide range of industries, nearly 20% of workers who quit their jobs during the pandemic have since returned to their old employers.

These boomerang individuals present a big opportunity for law firms who are starting to look at this option as a strategic recruitment tool, and also present a solution to the industry-wide skills shortage that continues to be a challenge for firms in the hiring market today.

(It also consequently presents a major risk with respect to retention, as new hires may be increasingly liable to boomerang back to their previous organisations.)

As far as jobseekers go, however, as with any move, there are obvious benefits as well as challenges to consider >>>

Familiar Territory

Perhaps boomeranging’s biggest selling point is the familiarity it offers. Starting a new job is so often filled with uncertainty around things like fitting in, making a good first impression, and adapting to a new firm culture, all of which can slow down that bedding-in process and affect performance in those first crucial weeks on the job, especially if it’s one very different to what the norm used to be.

Making a return to familiar territory expedites this acclimatisation period, as not only is there far less of a learning curve skill-wise during the onboarding process compared to your first time as a new starter, but the knowledge and understanding you have of the business’s ways of working and dynamics helps to bypass many of the above challenges and quickly hit the ground running.

Refreshed Perspective

Career growth often entails exploring different opportunities and gaining diverse experiences and at times a step back may be needed in order to take a leap forward. Some employees leave their previous employers in search of better prospects in their line of work, only to realise that the grass isn’t always greener on the other side and consequently, return with not only a refreshed perspective but also a great deal of experience and know-how their previous employer can greatly benefit from, particularly if they joined a competitor.

This puts returning employees in a great position when it comes to career prospects, particularly if the relationship between both parties pre-departure was built on mutual respect and as a result, they are better placed to get a job offer that reflects their value to the hiring firm in the form of a higher position or opportunities for progression.

When to Think Twice…

It is crucial to remember, however, that these benefits are very much dependent on the kind of firm and working environment you are returning to. If the reasons for your initial departure centre around an unhealthy company culture, a lack of growth opportunities, flexibility or limited upward mobility, returning by no means guarantees or even promises any significant changes. Some firms are resistant to change, and if the reasons that prompted you to leave remain unaddressed, chances are you will be facing the same challenges upon your return. Before deciding to boomerang, it’s imperative you assess whether your ex-employer has taken steps to improve the aspects that initially led to your departure – or whether you have overcome those reasons yourself.

Salary Growth Limitations

One of the most likely reasons a move back to a previous employer is ever on the cards is the prospect of salary growth and improved compensation. As discussed earlier, it is one legal professionals can often feel more entitled to considering the skills, knowledge and experience they are bringing with them upon their return and certainly now more than ever in the current market, with the average salary increase for job hoppers higher (14.8%) found to be higher than those of professionals that stayed put (2-4%). However, a word of warning here – as a decision to boomerang based on salary incentives alone is an ill-advised one. Boomerang employees who expect their salary to match the increase they may have achieved after leaving may face disappointment, as employers will be hiring a lot more for fit rather than solely skill and will see this strategy coming from a mile away. There’s also the fact that even if you do get the salary increase you’re looking for, it may turn out to be the only silver lining in your move back if you happen to be returning to colleagues unhappy with the circumstances around which you and your employer parted ways.

Water Under the Bridge

Another note to consider is how and under what circumstances you left your previous employer. Was this on good terms?  This is a key thing to take into consideration when exploring the idea of returning to a previous employer, as that may dictate the terms of your relationship with present employees should you decide to boomerang. Remember that it is not only old relationships you will be returning to when you do, but also the impression you left on colleagues with your exit. With any luck you will have resigned gracefully, so a return back to the fold will be seamless – and welcome.

This also swings both ways. If feelings of bitterness or uncertainty are present due to redundancy or parting on bad terms, then it can be difficult to turn over a new leaf without harbouring a grudge or even a sense of guilt, especially if your departure was recent. According to certified life and career coach Emily Liou, a good way to determine if boomeranging is the best decision is to consider the following:

• If your return is driven by ego, i.e. a desire to prove a point that they should’ve never let you go.
• If there is a strong sense of scepticism regarding the integrity of the management.
• If there is a loss of respect for the employer due to how previous layoffs were handled.

If the answer is ‘yes’ to one or all of these, it is probably not the best move to return.

Context, however, is always key no matter what way you look at a dilemma of this nature as another angle worth considering is the reason for your exit if you were laid off. If such reasons are economic and the departure was handled with respect and sensitivity, then yes, a move back can possibly be on the cards – if it is in line with present career aspirations.

Keeping Career Goals on Track

Perhaps the most important thing to consider of all is where a possible return is going to take you career-wise. Judging by where you are at present in your legal career, will it bring an upward trajectory to your career growth in the next few years is this more of a lateral move?

Whatever your reasons for or against a move back, remember that your future career goals and objectives should take absolute precedence in your decision-making and should be the biggest driver of any desire to move roles, or indeed, boomerang. T

To this end, a regular check-in and period of self-reflection regarding your progress is paramount. Your vision for your development as a professional, and the path to get you there should always be clear and if it isn’t then a snapshot of what it currently looks like it is in order. Our simple checklist can help to identify where that gap between aspirations and reality is and help you get a sense-check of your present objectives, so that you make the best decision for your career, whether that be a boomerang move or otherwise.

Unsure of Which Direction to Take?

If you’re stood at those crossroads and find that you need more guidance than a simple checklist can provide, and bit of expert advice to make those next few steps in the right direction can be hugely valuable.

At Clayton Legal, we work closely with hundreds of legal professionals who are either actively searching for a new opportunity in the market, as well as those who aren’t quite at that juncture yet.

We don’t believe in recommending roles that aren’t a good fit for your skills or aspirations, and will always provide an honest (and impartial) service which means putting ALL options on the table so that you have all bases covered.

About Clayton Legal

Clayton Legal has been partnering with law firms across the country since 1999 and during that time has built up an enviable reputation for trust and reliability. We have made over 5,000 placements from partners to legal executives, solicitors to paralegals, and legal IT personnel to practice managers.

If you are building your legal team or looking for your next career move, we can help – whether that’s on a contingency or retained basis.

Call us on 01772 259 121 or email us here.

The current state of the personal injury market, while positive, is not one that will have most law firms jumping for joy. While 2022/23 saw small signs of growth – with IRN’s 2023 Personal Injury Market Report registering a revenue increase of 3.5% – this slow recovery hasn’t been felt equally across the sector.

Over the last 10 years the number of personal injury and clinical negligence claims has almost halved, and the number of personal injury (PI) law firms active in the market has been shrinking. Hardest hit has been the small, local law firms that once were found on every high street. It’s these smaller law firms that are still facing an uncertain future.

For larger PI law firms things look brighter. The drop in claim volume has been less damaging for those able to operate with economy of scale. Those that have been able to quickly implement new technology and digital solutions have prospered too.
But there are challenges ahead for larger law firms in the personal injury market as well. It’s important that in chasing efficiency and profitability, we don’t lose sight of the importance of consistency, good communication and understanding in achieving fair settlements for clients, especially in high volume, low value cases.

We may also see in future a shift towards US-style class action personal injury claims and even renewed interest from large US law firms in the UK personal injury market as a whole.

What This Means for Personal Injury Law Firms

These changes in the market are going to affect how personal injury law firms attract and retain the talent they need for the future.

New Opportunities to Attract Diverse Skill Sets

As smaller law firms struggle or close, legal professionals working for these law firms may find themselves displaced and seeking new employment opportunities. For candidates this is going to mean more competition for choice roles, but for employers this will provide new opportunities to attract high-calibre legal talent with hard-to-find skillsets, which could be attractive to those law firms seeking to broaden their expertise or enhance their service offerings.

Potential for Specialisation

As the number of claims on offer declines, specialisation could be the answer for those law firms unable to compete at volume. Some candidates from small law firms may specialise in niche areas within personal injury law, offering unique knowledge and experience that could be valuable to larger law firms looking to expand or diversify their practice areas. Equally those law firms with expertise in handling class action claims may have a competitive edge in attracting legal talent with specialised skills.

Increased Competition for Legal Talent

For the most part, we are going to be entering a legal recruitment market that favours employers, with more candidates available as smaller law firms shut down. However, this does mean that employers need to be more diligent in their recruitment processes to increase the chance of finding candidates that are a good culture match as well as a good skills match.

Larger law firms may have more resources for recruiting and retaining legal talent, offering stability, larger salaries and career growth opportunities but smaller law firms can compete by thinking outside the box with recruitment strategies and aiming to diversify their sourcing. UK law firms may also find themselves needing to compete with US law firms for legal talent, potentially leading to increased demand and competition for skilled professionals.

Need for Adaptability and Forward-Thinking

The personal injury market is undergoing changes, requiring law firms to adapt and anticipate future trends. Law firms that can demonstrate adaptability and a forward-thinking approach may be more attractive to legal talent seeking long-term career prospects. Law firms seeking to recruit top talent should highlight their technological capabilities and commitment to innovation. Top legal talent may also seek out law firms that prioritise both efficiency and client care and a positive work environment.

The UK personal injury market is in flux, impacting how law firms attract and retain talent going forward. As smaller law firms struggle, larger ones can seize opportunities however, as increased competition means thinking strategically about how you attract new talent and retain your existing team.

Clayton Legal has over 25 years’ experience helping clients attract and retain legal talent across practice areas that include Property, Personal Injury, Family, Criminal, and Costs law as well as Legal IT and Civil and Commercial Litigation.

If you are building your legal team, we can help. Call us on 01772 259 121 or email us here.

The news for the commercial real estate market over the past few years has been bleak. The remote working boom and rising interest rates combined to make commercial office and retail space a stagnating market. However, unlike the rest of the world, the UK commercial real estate market is recovering at record pace. In our UK real estate market overview, we’ll explore some of the reasons behind the recovery and what it will mean for businesses looking to attract and retain in-house commercial property solicitors and conveyancers.

Until recently, UK real estate market overviews predicted less than positive outlooks for commercial property. Like the markets in the US and Europe, the UK commercial market was expected to continue to stagnate, or even fall. Office vacancy rates in the US are at record levels, and MSCI World Real Estate Index fell by 18% in 2023.

While the cost of borrowing remains high, interest rates have stabilised. And because London’s property values fell less than those in Paris, Dublin and many US cities, UK real estate investors are most positive about their outlook going forward and are committed long term to their portfolios. Which means that by 2028 commercial property lending in the UK is expected to rise by 35% to £118 billion.

All told the UK real estate market overview is a positive one, and commercial real estate is at the vanguard of future growth. One survey of investors found that 18% were looking to pursue retail opportunities this year, 17% were most excited about office space, and 15% were exploring industrial and manufacturing sites.

How the Market Will Affect Commercial Property Solicitor Recruitment

While this is good news for the sector overall, exactly what will this mean for recruitment in commercial real estate law and conveyancing? A positive UK real estate market overview will lead to a larger number of property purchases and development opportunities requiring legal support, increasing competition for legal and conveyancing talent.

However, a backlog of property transactions and sluggish conveyancing times are slowing down the market. Solving this problem could mean increased digitalisation of property transactions. Legal firms should prepare by increasing their teams’ digital skills.

Get ahead of the rush by rethinking your talent attraction and retention strategies:

Target Your Recruitment

Using targeted recruitment strategies such as online platforms, industry networks and specialist recruitment agencies, identify, connect with, and attract experienced lawyers and talented law graduates with a demonstrated interest in commercial real estate law.

Improve Your Brand Reputation and Recognition

Showcase your reputation for excellence in commercial real estate law through marketing materials, online presence, and client testimonials. Social media is also a great way to connect with young legal talent. You might also consider participating in industry awards and recognition programs to improve visibility and credibility within the legal community.

Develop a Supportive Workplace Culture

Take steps to highlight a culture of support, inclusivity, and work-life balance to attract and retain staff. Offer flexible work arrangements such as remote work options, flexible hours, and compressed workweeks to accommodate different needs and make your roles as widely appealing as possible. Encourage open communication, feedback, and dialogue between employees and management to promote employee engagement.

Offer Opportunities for Professional Growth

Retaining top level talent is just as important as attracting new staff. Invest in employee development to show you support their career growth and improve the skills and expertise you have access to. Provide clear paths to promotion, and mentorship and coaching opportunities for senior staff to share their expertise.

Clayton Legal has over 25 years’ experience helping clients attract and retain legal talent across practice areas that include Property, Personal Injury, Family, Criminal, and Costs law as well as Legal IT and Civil and Commercial Litigation.

If you are building your legal team, we can help. Call us on 01772 259 121 or email us here.

With mediation and alternative dispute resolution (ADR) becoming mandatory across a wide range of small claims, personal injury, and family litigation the need for well trained, experienced Costs Lawyers is increasing. Which is why the Association of Costs Lawyers (ACL) training scheme is particularly welcome. The course, which has been accredited by the Costs Lawyer Standards Board (CLSB) and approved by the Legal Services Board, aims to make costs law qualification easier, quicker, and more accessible while maintain high quality standards. Good news for employers facing a shortage of skilled costs law talent.

Pathways to Cost Law Qualification

The ACL’s pathway to costs law qualification – the Costs Lawyer Professional Qualification – is a part time, online course, open to applicants over the age of 18 and can be completed in just two years. Students will also have to complete two years of qualifying work experience which can be done before, after or during the course. Previously both the costs law qualification and the work experience requirement took three years to complete.

Trainee Costs Lawyers completing the course will receive a diploma in civil practice, a diploma in costs law and practice and an award in costs advocacy. Applicants with law degrees or other legal qualifications can complete individual modules, as can those who want to expand on specific areas of their costs expertise, or those who are unable to commit to the full course.

The first cohort of qualifying students on the ACL’s training scheme began in September 2023 and will graduate in 2025. And, while this is currently the only costs law qualification approved that meets the new training rules outlined by the regulator, we can expect more courses to be offered in future.

What the Costs Lawyer Qualifications Mean for Employers

Easier ways to obtain costs law qualifications are not only good news for trainees and professionals but are promising for employers as well. These updates streamline pathways to qualification, easing the recruitment and talent acquisition process for employers by giving them:

1. Access to a More Diverse Talent Pool
   Improved pathways to qualification makes it easier for younger people and those who had previously overlooked a legal career to enter the profession, as the streamlined process reduces the time and financial burden traditionally associated with qualification. This accessibility can attract fresh perspectives and innovative ideas to the field from those with diverse backgrounds and experiences.The revised qualifications also open doors for professionals from other areas of law to specialise in costs law more easily. This means that lawyers with expertise in various legal domains, such as criminal law, corporate law or intellectual property law, can now pivot towards costs law without undergoing extensive retraining.
2. A Greater Ability to Meet Increased Demand
   As ADR methods gain prominence in the UK legal system thanks to their efficiency and cost-effectiveness, there’s a corresponding rise in the need for professionals well-versed in costs law to navigate these proceedings. By offering improved pathways to qualification, employers can ensure a steady influx of qualified costs Lawyers to meet this demand.The availability of a larger pool of qualified applicants allows firms and legal departments to scale their teams according to the demands of their workload, ensuring that they can efficiently handle the changing needs of clients associated with increased ADR usage.
3. Better Access to Key Skills
   Increased use of ADR methods, such as arbitration and mediation, in dispute resolution, requires Cost Lawyers equipped with the expertise to handle these processes effectively. By modernising the qualification pathways for Costs Lawyers, employers can be sure that newly qualified professionals possess the skills and knowledge needed.The modular format of the course also means that it’s easy for legal professionals to expand their skillsets and acquire new expertise. Employers should be encouraged to offer opportunities for trainee cost Lawyers to gain their work experience with them while qualifying and to allow their existing staff to upskill using the ACL qualifications.

Costs law has always held an important place in the life of law firms, despite its modest reputations. As the profession becomes more prominent thanks to ADR and other factors, it’s important that young legal talent has ways to qualify that effectively meet their needs as well as those of law firms.

Clayton Legal has over 25 years’ experience helping clients attract and retain legal talent across practice areas that include Property, Personal Injury, Family, Criminal, and Costs law as well as Legal IT and Civil and Commercial Litigation.

If you are building your legal team, we can help. Call us on 01772 259 121 or email us here.

It may be several years since members of the Criminal Bar Association (CBA) voted to end strike action, but the underlying dissatisfaction among criminal barristers has not entirely gone away. That dissatisfaction could prove to be an opportunity for solicitors’ firms and corporate legal departments in an ongoing war for legal talent. If they can position themselves as an attractive alternative to criminal practice, they could reap the benefits of barristers leaving the bar.

Why are Criminal Barristers Leaving the Bar?

For many barristers their profession is a calling, something they have invested in heavily both emotionally and financially, in preparing for. However, there are several factors that may be pushing barristers, particularly junior and mid-career advocates into leaving the bar.

Low pay is perhaps the biggest factor, and the main driver behind previous strikes. Pupillage can be expensive, yet early career barristers can expect to earn as little as £12,200 for the first three years of work. And, despite a 15% uplift in legal aid fees in 2022, low criminal barristers pay is still a major push factor for those leaving the bar.

Poor mental health and wellbeing combined with a poor work life balance is also pushing barristers to reexamine their careers. In the latest Barristers Working Lives Survey, over 32% of those working at the bar reported a low level of overall wellbeing, with criminal barristers having lower levels of wellbeing than those practicing in other areas of law.

A lack of career progression and skill development opportunities is also affecting young barristers. A global study by the International Bar Association found that 38% felt that there weren’t enough opportunities in criminal practice to level up their careers, and a further 25% were looking to leave the profession because of limited professional development and training.

There is also a widespread feeling that the criminal justice system in its current state is failing both victims and defendants. For barristers, many of whom enter the profession to help those who need it, this lack of ability to do so may lead to them choosing to move away from criminal law.

Benefits of Hiring Former Barristers

The expertise of criminal barristers extends beyond the courtroom, meaning they have skills that could be invaluable in various areas of law. Here are some benefits of hiring criminal barristers for other areas of law:

• Transferable Skills
  Criminal barristers possess a diverse skill set honed through their courtroom experiences, including effective communication, analytical thinking, and persuasive argumentation. These skills are highly transferable and applicable in civil litigation, family law, and other legal areas.
• Strong Underlying Knowledge
  Thanks to their rigorous legal training, barristers develop a deep understanding of legal principles, statutes, and case law. This foundational knowledge means they are adaptable, versatile, learn quickly and are equipped to navigate complex legal issues across different practice areas with ease and precision.
• Critical Thinking and Problem-Solving
  Dealing with criminal cases requires barristers to think critically and devise strategic solutions to complex legal problems. This ability to analyse evidence, anticipate opposing arguments, and develop effective strategies translates seamlessly across all areas of legal practice.
• Effective Advocacy Skills
  Criminal barristers excel in advocacy and are adept at presenting compelling arguments and persuading judges and juries. These skills prove invaluable in civil disputes, where the ability to articulate a client’s position convincingly can significantly influence case outcomes.

By being open to hiring former barristers as solicitors or in other roles in legal practice, you can significantly enhance the services you offer and improve your ability to achieve favourable outcomes for clients.

Attracting Criminal Barristers to Other Areas of Law

To attract barristers considering leaving the bar, employers can take proactive steps to showcase the benefits of transitioning from independent practice to roles in law firms:

• Offer support for barristers to reskill by providing training programmes or resources to transition smoothly into different areas of law or roles within the firm.
• Highlight the advantages of working in a law firm, such as paid holidays, being part of a supportive team, regular client interaction, and additional employment benefits like healthcare and retirement plans.
• Encourage barristers to apply for positions within the firm by demonstrating a willingness to consider their unique skills and experiences.
• Showcase the diverse range of legal work available, from corporate law to environmental law, emphasising opportunities for barristers to explore new areas of interest.
• Emphasise your commitment to purpose-driven work, particularly in areas like family law or environmental law, where barristers can make a meaningful impact and practice in ways that align with their values.

Clayton Legal has over 25 years’ experience helping clients attract and retain legal talent across practice areas that include Property, Personal Injury, Family, Criminal, and Costs law as well as Legal IT and Civil and Commercial Litigation.

If you are building your legal team, we can help. Call us on 01772 259 121 or email us here.

Over the last five years the role that risk and compliance departments play in law firms large and small has grown substantially. Everyone from large financial services institutions to public sector institutions is aware of the dangers of failing to meet compliance demands, and of the benefits a robust and forward-thinking legal risk and compliance function brings to the table.

Whether you are heading up a risk and compliance department in a larger law firm, or are a smaller specialist firm, the landscape presents both challenges and opportunities for law firms in this sector. With that in mind, let’s explore some of the key trends in legal risk and compliance for the year ahead.

Emerging Compliance Risks

While the general regulatory landscape in the UK is stable, there are several new pieces of legislation and some emerging issues that legal risk and compliance lawyers need to be on top of. First is the introduction of a new Legal Services Operational Privacy Certification Scheme, designed to help law firms comply with GDPR requirements and increase client trust. Certification is not yet mandatory, but it could become standard for law firms handling client data. Another key risk for law firms are updates to Anti-Money Laundering (AML) risk assessments and the ongoing impact of international sanctions on AML issues.

Bringing Corporate Risk & Compliance In-House

Ongoing economic concerns have left law firms looking for ways to balance their resources with their recruitment needs. When outside organisations choose to bring their legal risk and compliance needs in-house to save money this has a knock-on effect for law firms specialising in this issue. Law firms need to be aware of the potential loss of income as well as greater competition from in-house legal teams for talent and look for ways to differentiate themselves to attract and retain staff.

Managing Ongoing Digitalisation

28% of UK risk and compliance professionals say keeping pace with the rate of digitalisation is a top 5 priority. Whether you’re working in commercial real estate or family law, to what extent key processes will be digitised in the long-term is something to be aware of, particularly with regards to data security.

Increasing Role Specialisation

The role of corporate risk and compliance departments is changing. They are no longer seen as mere risk management exercises, but as having a key role to play at boardroom level, giving legal risk and compliance professionals long-term influence on organisation, strategy and planning. We are also seeing continued specialisation of risk and compliance roles thanks to changing regulations and an increasing reliance on more sophisticated technologies. These changes will mean the demand from law firms for professionals with advanced technical skills and strategic expertise will be much higher. Firms may want to consider refreshing their training and upskilling programmes to reduce hiring costs and attract new talent.

What these Trends Mean For Legal Risk & Compliance Hiring

Given the outlined legal risk and compliance trends, to attract and retain the right talent, businesses must emphasise agility, innovation, and a commitment to professional growth.

1. Review Needed Skills & Expertise – Taking a proactive approach to workforce planning and talent acquisition should be a top priority for law firms looking to attract key skills and expertise, particularly in a skills short market. You should be reviewing your current workforce’s skillsets and comparing those with your expected needs. Review your current job descriptions and ensure they reflect the skills you need to attract.
2. Explore New Sourcing Channels – If your current channels are ineffective at connecting with individuals who have the legal and technical skills you need, you should also look at new ways to connect with candidates. Expand your talent attraction channels to include social media, make connections with wider community groups including professional networks and universities.
3. Set Your Employer Brand Apart – With law firms seeking to balance resources and staffing needs, there’s a growing emphasis on attracting top-tier talent. This shift requires smaller law firms to differentiate themselves to compete for skilled professionals. Offering unique opportunities for career growth, specialised training programmes, and competitive compensation packages can enhance your attractiveness to potential hires.
4. Create a Culture of Continuous Learning – The increasing role specialisation within risk and compliance underscores the importance of fostering a culture of continuous learning and development. You should be investing in robust training and upskilling initiatives to equip existing staff with advanced technical and strategic skills. By nurturing talent internally, you can mitigate hiring costs and cultivate a pool of professionals capable of driving long-term growth.

By aligning your recruitment strategies with emerging industry demands and prioritising talent development, you will position your law firm as employers of choice for risk and compliance professionals at every stage of their career.

Clayton Legal has over 25 years’ experience helping clients attract and retain legal talent across practice areas that include Property, Personal Injury, Family, Criminal, and Costs law as well as Legal IT and Civil and Commercial Litigation.

If you are building your legal team, we can help. Call us on 01772 259 121 or email us here.

Mediation and other alternative dispute resolution procedures (ADR) are going to become ever more important within the UK civil justice system going forward. Following government consultations and the success of the use of ‘negotiation dispute resolution’ (NDR) in family, housing and consumer cases, we can expect to see alternative dispute resolution procedures integrated in wider civil and commercial litigation.

This is primarily due to the ongoing backlog of cases being experiences across the UK legal system. It is estimated that the reforms already committed to will free up nearly 5,000 sitting days per year, which will reduce waiting times for more complex cases. But the adoption of ADR procedures is also designed to make mediation and other types of dispute resolution more accessible and to simplify the processes for civil cases, making them quicker and easier to resolve.

Which Cases Will Be Affected

As previously mentioned, in civil cases up to the value of £10,000 alternative dispute resolution procedures will become compulsory with 180,000 parties being referred automatically to free telephone mediation sessions during the first rollout of reform. However, personal injury and unspecified money claims will not initially be included.

These reforms go further than what was recommended by the Civil Justice Council which supported using alternative dispute resolution procedures only for cases up to the value of £500 and will require expanding the Small Claims Mediation Service (SCMC).

The Law Society has expressed reservations about the compulsory nature of the reforms, stating that “While mediation and other forms of alternative dispute resolution (ADR) should be used wherever appropriate, we do not support the compulsory use of mediation where it may be detrimental to either party, or prevent access to justice.”

Types of ADR

There are several methods of ADR available for resolving cases outside of traditional court proceedings. For civil cases in the UK, the preferred method will be mediation, where a neutral third party helps disputing parties negotiate a mutually acceptable resolution. But there are other methods litigants may want to consider if mediation may be detrimental.

Arbitration involves a neutral arbitrator or panel making a binding decision based on evidence presented by both sides. Another option is adjudication, where an independent adjudicator makes a temporary decision that parties must abide by until a final resolution is reached. Finally, conciliation involves a third-party facilitating communication between parties to reach a settlement.

Alternative Dispute Resolution Skills You Should Be Hiring For

With mediation becoming compulsory for civil cases up to the value of £10,000 in the UK, legal teams are increasingly seeking individuals with specific ADR skills to navigate these changes effectively. Here are key skills and attributes that you should prioritise when hiring new talent:

• Mediation Training and Certification
  Look for candidates who have completed formal training and certification in mediation or those who can demonstrate a foundational understanding of the mediation process, including communication techniques, negotiation strategies, and conflict resolution principles.
• Strong Communication Skills
  Effective communication is key in mediation, as it encourages productive dialogue and helps parties articulate their interests and concerns. Seek candidates with exceptional verbal and written communication skills, including active listening, empathy, and the ability to convey complex legal concepts in clear, accessible language.
• Negotiation Expertise
  Look for candidates with experience in negotiation roles and proven negotiation skills, including the ability to identify common ground, propose creative solutions, and manage conflicting interests diplomatically.
• Conflict Resolution
  Successful mediators can navigate emotionally charged situations and facilitate constructive dialogue between disputing parties. Look for a track record of resolving conflicts in diverse contexts and the ability to demonstrate patience, impartiality, and resilience in challenging circumstances.
• Cultural Sensitivity
  Mediation often involves parties from diverse backgrounds and cultures, requiring mediators to navigate cultural differences sensitively. Seek candidates with cultural competence, awareness of diversity issues, and the ability to foster an inclusive environment conducive to productive dialogue and mutual understanding.

By prioritising candidates with these ADR skills, you’ll be better placed to adapt to the mandatory mediation requirement in civil cases and any further dispute resolution reforms.

Clayton Legal has over 25 years’ experience helping clients attract and retain legal talent across practice areas that include Property, Personal Injury, Family, Criminal, and Costs law as well as Legal IT and Civil and Commercial Litigation.

If you are building your legal team, we can help. Call us on 01772 259 121 or email us here.

Once considered a niche practice area for British corporate law firms, private client services are increasingly central to many firm’s growth plans thanks to their resilience in a turbulent market – the sector grew 17% in 2021. Recent dips in activity could be reversed if predicted changes to income tax thresholds and adjustments to the non-domicile regime are announced in this year’s pre-election Spring Budget, with more taxpayers finding themselves in need of advice.

What’s Behind the Private Client Services Boom

This shift in popularity can be attributed to several key factors that are reshaping the landscape around financial law. A growing interest in personal wealth management has caused firms to broaden their service offering. Offering financial and tax advice to high-net worth individuals alongside their corporate services has proven to be popular, prompting them to expand their teams.

Technology has also increased the accessibility of financial planning and wealth management information and resources through the likes of digital trading platforms, investment apps, and online will and probate services. A wider range of individuals seeking advice in a challenging economic environment has meant an expansion of the client base for private client services. Greater accessibility has its downsides as it creates more opportunities for financial abuse against vulnerable parties, however this can lead to more work for private client legal teams.

The rise of digital assets and the complexities surrounding inheritance and estate planning in the digital age have further heightened the demand for specialised legal expertise. Even though the legalities and tax implications around digital currency remain vague many individuals are keen to seek advice in this area adding an additional layer of complexity to the field.

Private client services are also an increasingly popular choice for young law graduates or those looking to expand their skillset and shift into a new practice area.

Why Private Client Services Appeals to Early Career Talent

For early career solicitors, private client services present a unique and attractive opportunity to engage with a diverse range of clients and navigate the challenges of modern wealth management. For those looking for an interesting, potentially lucrative, and dynamic legal career it makes an attractive choice.

Working in private client law allows emerging talent to build strong relationships with their clients and help individuals personally. It also intersects well with other areas of legal practice giving young graduates the chance to work closely with colleagues in family law, corporate and civil litigation, and legal IT amongst others.

Attracting and Retaining the Next Generation of Private Client Talent

If you are considering expanding your private client services team, you need to attract and retain the very best talent. You can ensure that you appeal to both early and mid-career private client professionals by:

Providing Training & Professional Development

Look at tailoring the training and professional development programs you offer towards the skills and expertise needed for private client services. This could include workshops on the latest developments in wealth management, estate planning and digital assets. If you have existing senior professionals with private client experience, you might consider offering mentorships.

Supporting Work-Life Balance

Implement policies and procedures that recognise and support the importance of work-life balance. Offering flexible work arrangements and promoting a culture that values personal well-being can be instrumental in attracting and retaining talented individuals in a competitive legal landscape.

Investing in Technology

Invest in cutting-edge legal technologies to streamline workflows and enhance efficiency in private client services. The integration of digital tools can not only attract tech-savvy lawyers but also contribute to a more dynamic and engaging work environment.

Creating a Culture of Diversity and Inclusion

Fostering a culture of diversity and inclusion within your firm will help you attract a broader pool of talent and contribute to a vibrant and collaborative team. Those different perspectives will then help you in addressing the unique needs of a diverse clientele.

Offering Competitive Compensation and Benefits

Acknowledge the specialised expertise required in private client services by offering competitive compensation packages and benefits. This includes not only financial incentives but also healthcare, retirement plans, and other perks.

Clayton Legal has over 20 years’ experience helping clients attract and retain legal talent across practice areas that include Property, Personal Injury, Family, Criminal, and Costs law as well as Legal IT and Civil and Commercial Litigation.

If you are building your legal team, we can help. Call us on 01772 259 121 or email us here.

From April 2024, the government is set to introduce limits on the amount law firms can receive from clinical negligence claims. This cap on fixed recoverable legal costs is intended to stem the almost £2.6 billion the NHS spends on clinical negligence by reducing legal costs for cases that settle under £25,000. It is the government’s stance that a cap on clinical negligence costs will not only save the beleaguered health service an estimated £500 million over the next decade but that it will be fairer for claimants – whose legal costs are often more than double their settlements – and encourage those with smaller claims to seek justice.

However, legal firms and clinical negligence lawyers argue that the sweeping changes have been brought in too quickly and with little consultation, and that the Department of Health and Social Care has set the cap on clinical negligence costs too low, undervaluing the expertise it takes to bring these claims to court. Something the government seems to agree on, as they are set to increase the limit before the new regulations are enforced.

Representatives for patients have also protested, saying that vulnerable claimants and their families could be excluded from bringing claims as firms refuse to take on work that require more time, expertise, and sensitivity than the value of the claim reflects.

How This Will Affect the Legal Market

On the face of things, the new limits on clinical negligence fixed costs shouldn’t have too much of an impact, especially for large firms since they are limited to small claims with a value of under £25,000. However, in the longer term the cap on costs could cause upheaval for smaller firms and clinical negligence departments. Unless the government can get the limits on clinical negligence costs right, we could see:

• An exit of smaller more specialised firms from the market, funnelling customers to larger businesses who may not have the time or inclination to take on small claims.
• Greater competition amongst firms for claims with the potential for larger payouts.
• A rise in class-action claims as firms group claimants together to maximise resources and returns.
• The potential for larger numbers of specialist lawyers to enter the job market, which could prove beneficial for employers who are looking to access key skills but will lead to greater competition among candidates for fewer roles.
• The profession will experience a loss of critical knowledge and expertise as departments contract and firms exit the market.

What It Means For You

With less than two months before the limits on clinical negligence costs come into effect, are you ready for the changes? There will be more competition for claims, and smaller gains from cases. In terms of your wider business growth, now is the time for careful consideration of your strategy.

1. Think ahead with your workforce planning

Effective workforce planning will help you navigate business changes. Succession planning helps you understand who may be leaving and allows for strategic skill replacement, whether through internal transfers or external hires. In times of downsizing, retaining key skills through cross-departmental moves prevents talent loss. Adjusting recruitment processes to focus on quality over quantity is essential, safeguarding against low-quality hires and ensuring resilient teams.

2. Consider training and professional development

While the influx of specialist legal talent onto the job market could prove tempting especially during a skills shortage, it can be a costly strategy. Instead, investing in developing existing teams is often more sustainable. Focus on enhancing soft skills, digital capabilities, and leadership within your current teams. This approach not only maximizes resources but ensures a cohesive team with a deep understanding of your company’s culture and goals.

3. Double down on retention

With smaller teams managing increased workloads, maintaining a strong, committed workforce is crucial. A focus on employee wellbeing and creating a positive work environment prevents burnout and preserves morale, reducing the risk of team members seeking alternative career paths. As competition for top talent intensifies, retention becomes a safeguard against poaching and ensures continuity in your teams, important for both your business and your clients.

Clayton Legal has over 20 years’ experience helping clients attract and retain legal talent across practice areas that include Property, Personal Injury, Family, Criminal, and Costs law as well as Legal IT and Civil and Commercial Litigation.

If you are building your legal team, we can help. Call us on 01772 259 121 or email us here.

It’s been nearly two years since no-fault divorce legislation came into effect in England and Wales. Despite the legislation aiming to streamline proceedings for divorcing couples, according to the Law Society the average time for divorce increased to around 38 weeks post-reform, with a significant backlog of custody and family law cases tying up the courts. So, what further family law reforms are on the table, and how will any future changes impact firms working in Family and Private law?

Upcoming Government Family Law Reforms

Following on from no-fault divorce legislation, the government’s primary concern in family law reforms has continued to be with creating processes that reduce conflict in cases – such as improving access to early legal advice, providing vouchers for mediation, co-parenting classes and improving safeguards for victims of domestic violence – with the aim of supporting the wellbeing of children in separating families.

Following the outcome of the Private Family Law Early Resolution Consultation published in January a number of pilot schemes in England and Wales are being extended in advance of a national rollout with the hope that many cases will be resolved before reaching court. There is also an extension of an ongoing pilot scheme allowing journalists to report on family court proceedings designed to increase transparency in the family court system.

What Isn’t Included in the Plans?

Welcome though these changes are, there is still unfinished business when it comes to family law reforms, particularly legislation surrounding financial settlements in divorce cases and the legality of pre and post-nuptial agreements. Not to mention the legal protections afforded for cohabiting couples in the event of relationship breakdown.

Because there is little transparency around these issues, many clients approach legal separation with trepidation. The Law Commission is currently reviewing the laws around financial settlements however many feel that this process is too slow, and that any proposed changes will not go far enough. There have been calls from both Labour and Conservative MPs for the government to speed up reforms around financial settlements, albeit from different perspectives.

Baroness Deech has repeatedly pressed for pre and post-nuptial agreements to be made legal stating that ‘enacting pre-nuptial agreements into law would save cost, make mediation easier and significantly free up the courts.’

On the other side, Shadow Attorney General and MP, Emily Thornberry announced at last year’s Labour Party Conference that her party was committed to cohabitation reform to strengthen the protections available to those living together, particularly those couples where one partner earns significantly more than the other.

The Consequences of Further Family Law Reform for Firms

With the Law Commission currently reviewing the current legislation around financial settlements and the distinct possibility of a Labour government in the near future, it’s possible that we’re going to see continued family law reforms. But what could this mean for law firms, your Private and Family legal teams, and your recruitment strategy?

Putting tougher limits around the splitting of marital assets and reducing the extent to which outcomes are dependent on the discretion of judges could lead to a reduction in the number of large international divorce cases we have seen in the English courts. This may free up the time and resources of the family court system as could the stronger emphasis on mediation, as fewer cases reach court. Those that do make it to court will be easier to litigate and far less drawn out, resulting in lower legal costs for clients but greater competition for high-value cases from legal firms.

For Family and Private Law firms we could see:

• A greater emphasis on providing pre-divorce legal advice and mediation services.
• Smaller teams but with greater skill specialisation (eg. financial expertise, mediation techniques, child welfare etc.)
• A need to widen the soft and non-legal skills available in your team to include media relations, conflict resolution, communication, and empathy.
• Increased provision of training and development around domestic violence, child safeguarding and financial abuse.
• A need to widen the soft and non-legal skills available in your team to include media relations, conflict resolution, communication, and empathy.
• Increased provision of training and development around domestic violence, child safeguarding and financial abuse.
• A need to tap into wider perspectives through Diversity and Inclusion initiatives.

All of which might need you to rethink your talent attraction and retention strategies and target key skills to better support your long-term growth.

Clayton Legal has over 20 years’ experience helping clients attract and retain legal talent across practice areas that include Property, Personal Injury, Family, Criminal, and Costs law as well as Legal IT and Civil and Commercial Litigation.

If you are building your legal team, we can help. Call us on 01772 259 121 or email us here.