If your firm is struggling to secure the right lawyers, it’s worth asking: Are we making strong enough offers from the outset?
Right now, counteroffers are more prevalent than ever, and because most of the lawyers we work with are passive candidates, they’re generally comfortable where they are. This means that when they receive an external offer and a counteroffer from their current firm, they’re making a simple calculation:
- Which offer makes the most financial sense?
- Is the external offer compelling enough to justify leaving?
- Would it be easier to stay put for the same reward?
If your offer is similar to their counter offer, many candidates will choose to stay—not necessarily because they love their current firm, but because the financials don’t justify the hassle of moving. This is why making a best and final offer from the outset is critical.
Why Holding Back on Salary is a Costly Mistake
- Lowballing doesn’t ‘start a negotiation’—it just weakens your position. If a candidate is expecting a certain figure and receives less, it dampens their enthusiasm and makes them more receptive to staying put.
- Counter offers are stronger than ever. Employers know that replacing good lawyers is expensive, so they’re increasingly willing to match or exceed external offers to retain staff.
- If you wait too long, you lose. A cautious, drawn-out negotiation period gives candidates more time to rethink their move—or to be courted by competitors willing to make a decisive offer.
What You Should Do Instead
- Make a compelling offer from the outset. The best way to secure top talent is to meet (or get as close as possible to) their ideal salary expectation from day one. This minimizes hesitation and reduces the risk of counteroffers derailing the process.
- Frame the offer as your best and final. Instead of a drawn-out back-and-forth, be clear: “We value you and want you to join us—this is our strongest possible offer.” This helps candidates feel wanted and respected rather than feeling like they need to haggle for what they’re worth.
- Remember: A slightly higher salary now beats a vacant role later. Hiring a lawyer at the right salary today is far less costly than leaving a position unfilled for months or making a rushed, second-choice hire.
Make the Right Offer—Secure the Right Talent
At Realm, we help law firms navigate salary expectations strategically—so you can secure the right people without unnecessary negotiation delays. If you want to discuss how to position your offers to avoid losing candidates to counteroffers, we’d be happy to help.
