I read a little ad on LinkedIn earlier, it was a small law firm looking to hire - and it read….

“We recently joined the panel of an established XXXXX. We are looking for a Senior Attorney to assist with our workload.”

I think you’ll agree, this is a nice, harmless advert, looking to add a senior attorney to their team.

But it turned my mind to something a little more sinister.

It got me thinking about stories that have been shared with me in the past few years (more than 5 times I can confirm), something that concerns me a little within senior legal recruitment - whereby some (a few small number) law firms may have been engaging in underhand tactics to poach clients from their competitors. Shock…Horror!!!

The process has (allegedly) involved interviewing senior lawyers and encouraging them to disclose sensitive information about their clients at the later stages of the process, which is then used to target these clients directly.

I know…scandalous!!!….But not you right?!! Of course not!

But it has happened….

As the legal industry becomes increasingly fragmented and competitive, the pressure on fees continues to mount, creating an environment where underhand tactics like client poaching are more likely to emerge.

The shift towards a more commoditised legal market, where clients demand lower costs and higher value, has forced law firms to seek innovative ways to stay ahead.

This has led (in some quarters) to a culture of aggressive competition, where (a small number of) firms have pushed boundaries to secure clients and maintain profitability.

The squeeze on fees, coupled with the rise of alternative legal service providers and the increasing use of technology, has intensified the struggle for market share, making it more challenging for firms to maintain traditional business models.

In this context, the temptation to engage in underhand practices to gain a competitive edge becomes more pronounced, as firms feel compelled to do whatever it takes to survive and thrive in a rapidly changing landscape.

The Tactics of Client Poaching

I’d like to take this point to note that 99% of law firms are wonderful, ethical businesses, but it is always those pesky 1%’ers that ruin it for everyone.

1. Strategic Networking and Information Gathering

• It’s no secret that firms have deployed strategic networking events and interviews as opportunities to gather intelligence on potential clients. By building relationships with senior lawyers, they can gain insights into client needs and preferences.
• This information could then be leveraged to offer "better value propositions" to these clients, enticing them to switch legal services.

2. Marketing

• Firms may employ pro-active marketing strategies to attract clients away from competitors. This includes highlighting their expertise and showcasing how they can provide superior legal services tailored to the client's specific industry or business needs.

3. Leveraging Personal Relationships

• Personal relationships and connections are crucial in the legal industry. Firms may use these networks to influence client decisions, often by promising personalised attention or specialised legal expertise.

Whilst most firms are the pillar of ethics, a small part of the legal industry is not immune to underhand tactics. As competition intensifies, firms must balance aggressive marketing strategies with ethical conduct.

Building strong client relationships and delivering exceptional service remain the best defences against poaching attempts.

Moreover, law firms must prioritise internal security and ethical standards to maintain trust and integrity within the legal community.

Additional Insights on Tactics.

1. Kickbacks and Bribery: These corrupt practices can distort business ethics and pose legal risks. They involve exchanging value to influence business outcomes improperly.
2. Underhand Marketing Tactics: Some marketing agencies use unethical tactics to retain clients or inflate results. These include making it difficult to end contracts or artificially enhancing performance metrics.
3. Pressure Tactics: In some cases, vulnerable individuals may be pressured into granting powers of attorney, leading to financial exploitation. This highlights the need for robust oversight and regulation in legal services.

See below:

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