The Art of Hiring a Litigation Partner

No matter how rigorous the process, partner hiring always involves a leap of faith for both parties and for litigation partners there are additional challenges.

Originally published on Law.com International on March 23, 2025.

Litigation and disputes more broadly have come back strongly over the past year or so and show little sign of slowing down in 2026 (with recent world events likely only to enhance the trend). That momentum is also reflected in the lateral market, with a growing number of partner moves in the disputes space as firms look to deepen their benches.

According to Macrae+ data, in London, for instance, litigation partner mobility has grown steadily over the past five years with 47 moves in 2025, outpacing the 34 total moves in 2024. In 2020, there were just 22. This reflects consistent activity as firms continue investing in their litigation capabilities. Importantly, that activity has remained measured rather than opportunistic, with most moves reflecting longer-term platform strategies as opposed to short-term market cycles.

For firms looking to strengthen their practices, the challenge is ensuring the right hire—and in a competitive market for talent, getting those decisions right is key for all parties concerned.

While hiring a lateral partner has traditionally been more of an art than a science, things are changing. Firms now have sophisticated processes to assess candidates and their practices; the wonderfully named LPQ (Lateral Partner Questionnaire) asks for detailed information about a partner’s clients, how work is sourced, charging rates, historical and projected revenues and more. This runs alongside an extensive schedule of “interviews” with, often, 10, 20, 30 or more partners across the firm, as well as presentations to management and visits to overseas offices.

But no matter how rigorous the process, there is always a leap of faith for both parties: until the person arrives, neither party can be sure that the 'fit' is a good one; until it’s actually tested it’s impossible to be certain that the clients will follow and, even if they do, how active they will be; notice periods and covenants might be enforced. Comfort can of course be derived if the person has moved before (although ideally not too many times nor too recently), but there is inherent uncertainty, and risk, for both sides.

For litigation partners, there are additional challenges. Litigation matters or pitch opportunities often come from partners in other departments, usually corporate or finance, where the client relationship is typically held. The dispute may arise from a deal the firm advised on. Some litigation partners of course have their own clients who litigate regularly (banks and insurance companies, for example) or originate work through personal reputation and referral. But, for many, a good proportion of their clients and cases come from “the platform” and can therefore be difficult to transfer.

There are other variables to consider for litigators. Litigation is a distressed product; it’s expensive, time-consuming and, for most clients, the last resort. It’s a difficult product for a partner to “sell”. And cases settle—sometimes early, sometimes late. Forecasting future revenues against this backdrop presents a considerable challenge and can, at best, be a thumb in the air exercise.

Astute hiring firms understand these dynamics. They focus on the litigation partner’s record—cases handled, historic revenues, client compatibility, and potential conflicts. They are clear about the rationale for the hire, whether it’s new expertise, a deepened “bench” or complementary relationships. Crucially, they will be confident that their own client base will be a fertile source of (at least some) opportunities and that existing partners will open doors as needed. After that, it’s a judgement call.

Executing on, and integrating, a lateral partner isn’t easy but, for litigators especially, measured expectations and a willingness to back your own platform to deliver in combination with the new partner can mitigate the risks—and that’s language all litigators understand.

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