How to keep lawyers from quitting

The flood of lawyers leaving private practice during the pandemic has ended and rates of associate attrition continue to drop, according to new data.

The NALP Foundation for Law Career Research and Education’s annual update on associate attrition for 2023 surveyed 128 American and Canadian law firms and found that last year, the associate attrition rate was 18 per cent. That’s a continuation of the decline from 20 per cent in 2020 and 2022 and 2021’s historically high rate of 26 per cent.

The lowest rates of attrition were at firms with 501-1,000 lawyers and those with more than 1,000 lawyers, at 16 per cent each.

Attrition rates for male and female associates were close at 17 per cent and 19 per cent, while the attrition rate for associates of colour was notably higher at 24 per cent.

Cristie Sutherland, director of legal talent for Gowling WLG, says that the study reflects what she’s seeing in the market.

“Attrition trends appear to have levelled off and returned generally to pre-pandemic levels,” she says.

“The spike that we saw in 2021, thankfully, has not continued.”

The study also found that hiring has returned to pre-COVID levels, with firms looking at ways to attract and retain talent through flexible working arrangements.

“The market for talent is still competitive,” says Sutherland.

“The big hot button items for retention seem to be embracing flexibility in hybrid work, work life integration, and ensuring that associates see a clear path for their career development and advancement.”

Kenda Shaheen, a partner at Dentons in Toronto, says her firm has never given her a reason to consider leaving.

“Recruiters call and firms call,” she says. “It is always good to understand your value in the market. For me, the grass isn’t necessarily greener on the other side.”

Shaheen specializes in corporate law including private mergers and acquisitions, private equity and venture capital transactions. She has worked with Dentons’ Toronto and Dubai offices her entire legal career.

“Dentons is a place where I never felt like I needed to be anyone other than myself,” she says.

“I’m not having to pretend to be someone I’m not, and not having to come into work every day thinking that I have to know the latest hockey stats or be the best golfer. That is a good amount of energy I don’t have to spend. I can just focus on productive aspects of my professional and personal life.”

Shaheen says that her law firm also allows her to grow her legal practice in a way that aligns with her personal values, while addressing her personal and professional ambitions.

“I’ve been given the opportunity to be as entrepreneurial as I desire in my practice,” she says.

“I’ve been given the supports on the professional growth and development side … For me, it’s really been about a sense of belonging and a place that was open to seeing me grow in a way that aligned with my own values and not just the interests of the firm.”

To retain associates, Shaheen recommends firms consider creating a safe space for lawyers to talk openly about their career goals and aspirations.

“Those honest conversations around career growth are real and meaningful steps toward creating engagement because suddenly that individual is heard,” she says.

“They don’t have to pretend to want something for the sake of continuing to advance in an organization while they plot or plan whatever they would actually like to do in the background.”

Sometimes these honest conversations don’t happen until it’s too late, Shaheen says. But if associates’ concerns are discussed openly or in a safe space when they arise, the organization has an opportunity to address them before that person submits their resignation.

The pandemic saw law firms implement more flexible working arrangements that are appealing to many lawyers. Sutherland says she’s seen a change in workplace practices.

“Certainly, the emphasis on having flexibility in where and how we work has changed since COVID,” she says.

“I think most associates realized they could be highly productive working from home while having more freedom to devote time to self, family, and friends.”

Working during the pandemic demonstrated that many lawyers can be just as productive working from home as in the office, Shaheen says.

Dentons has implemented what it calls an “agile work” approach where lawyers are in the office a few days a week and can choose to work remotely on the other days.

Shaheen says connecting with colleagues in the office helps with mentorship, engagement and builds relationships.

“Having that in-person touch point a few times a week is also great from a productivity perspective. I can walk over and ask a question.”

However, she appreciates the opportunity to work remotely when she can to take care of the parts of her life that need attention in parallel with the parts of her career that also need attention. And she’s just as productive.

Sutherland says law firms need to accommodate requests for flexible working arrangements while also keeping the office culture alive.

“Maintaining this flexibility is critically important,” she says.

However, firms need to ensure associates don’t miss out on opportunities for in-person training and mentorship. Sutherland says they need to find the optimal balance between embracing hybrid work and fostering a culture of learning and development as well as community and connectedness to the firm.

“I think flexibility is key. Firms who are purposeful and transparent and can lay out a compelling case for why and when and how often in-office attendance is required will have the upper hand,” she says.