Counteroffers, Notice Periods and Candidate Dropouts: The Reality of Legal Recruitment
Recruiting experienced legal professionals has never been simply a case of advertising a vacancy, interviewing a few candidates and making an offer.
Across the conveyancing market, we are seeing firms compete for a limited pool of experienced professionals, many of whom are already settled in their current roles. When the right candidate does become available, the challenge is not always finding them. It is securing their commitment, navigating the recruitment process and ensuring they follow through with the move.
Counteroffers, lengthy notice periods and candidates reconsidering their decisions are all part of the reality of legal recruitment. While these challenges can be frustrating for employers, understanding why they happen and how to manage them can make a real difference to recruitment outcomes.
So, what can law firms do to improve their chances of securing the right person?
The counteroffer: why candidates change their minds
One of the most common challenges in recruitment is the counteroffer.
A candidate may have spent weeks considering a move, attended interviews, met the team and accepted an offer, only to receive a last-minute proposal from their current employer to encourage them to stay.
This could involve a salary increase, a change in responsibilities, a promotion or promises of improved working arrangements.
For employers who have invested time in the interview process, a candidate accepting a counteroffer elsewhere can be disappointing, particularly when a vacancy has been open for some time.
However, it is important to understand the position from the candidate’s perspective.
Changing jobs is a significant decision. Familiar colleagues, established client relationships, financial security and the uncertainty of starting somewhere new can all influence whether someone ultimately moves.
A counteroffer can also create a difficult decision for a candidate who was already unsure about leaving. An immediate salary increase or promise of progression may be attractive, even if the original reasons for considering a move have not necessarily changed.
For hiring firms, the key is to understand a candidate’s motivations before reaching the offer stage.
What has prompted them to consider leaving? What would need to change for them to feel genuinely satisfied in their current position? What are they hoping their next role will offer?
These conversations help establish whether the opportunity genuinely addresses the candidate’s reasons for moving, rather than relying on salary or enthusiasm alone.
It is also worth being realistic about the possibility of a counteroffer. Where a candidate is valued by their current employer, a resignation may prompt a retention conversation that had not previously taken place.
The aim is not to discourage candidates from considering their options. It is to ensure they have thought carefully about their decision and understand why the proposed move is right for them.
Lengthy notice periods: keeping candidates engaged
Another challenge, particularly when recruiting experienced solicitors and senior conveyancers, is the time between an offer being accepted and a candidate actually starting.
Notice periods can extend over several weeks or months, depending on the individual’s contract and seniority. During that time, circumstances can change.
Candidates may have second thoughts, receive a counteroffer, become involved in a new project or feel increased pressure from their existing team. Meanwhile, the recruiting firm may be managing an ongoing vacancy and trying to plan workloads around an anticipated start date.
The longer the gap between offer and commencement, the greater the importance of maintaining communication.
Once an offer has been accepted, it can be tempting to assume the recruitment process is complete. In reality, this is an important stage in establishing confidence on both sides.
Regular contact, updates about the team and practical information about the new role can help candidates feel connected to their future employer.
For firms, it is also an opportunity to reinforce the reasons the candidate accepted the offer in the first place. A welcome message from their future manager, an introduction to colleagues or a conversation about their first few weeks can help make the move feel tangible.
Of course, this needs to be handled appropriately, respecting the candidate’s existing employment obligations and any confidentiality requirements.
The objective is simple: maintain a positive relationship without placing unnecessary pressure on the candidate.
Candidate dropouts: why accepted offers do not always lead to a start date
Few things are more frustrating for a hiring manager than believing a vacancy has been filled, only for the candidate to withdraw before joining.
There is rarely one explanation for this.
Sometimes a candidate receives a counteroffer they had not anticipated. In other cases, another opportunity progresses more quickly, personal circumstances change or concerns emerge during the notice period.
Occasionally, the issue could have been avoided through clearer communication earlier in the process.
For example, a candidate may accept an offer without fully understanding the expectations around office attendance, caseloads, targets or the structure of the team. These details can become more significant when they begin preparing to leave their current employer.
This is why transparency throughout recruitment is so important.
Candidates should have a realistic understanding of the role, the team they will be joining, the working arrangements and what will be expected of them. Equally, employers should have the opportunity to explore any reservations before making a final decision.
A signed offer is an important commitment, but it should not replace ongoing communication.
Where a candidate does withdraw, it is also worth understanding the reason rather than simply moving on to the next CV. Feedback can highlight issues with the recruitment process, the package being offered or the way an opportunity is being presented to the market.
Speed matters, but so does getting the decision right
In a competitive recruitment market, delays can cost firms good candidates.
An interview arranged quickly, followed by clear feedback and a timely decision, can help maintain momentum. Conversely, lengthy gaps between interview stages or uncertainty around an offer can leave candidates questioning how interested the employer really is.
This is particularly relevant when recruiting experienced conveyancers, who may be considering more than one opportunity while continuing to manage demanding caseloads.
However, moving quickly does not mean rushing into an appointment.
The most effective recruitment processes balance speed with a thorough assessment of technical ability, experience, cultural fit and expectations on both sides.
Where possible, firms should establish the interview stages, decision-makers and likely timescales before the process begins. If additional interviews or approvals are required, communicating this early can help manage expectations.
It is equally important to provide feedback, even when the decision is still being considered. Candidates who feel informed and respected are more likely to remain engaged throughout the process.
Ultimately, recruitment is a two-way decision. Firms are assessing whether a candidate is right for the business, but candidates are also deciding whether the firm is right for them.
What can law firms do to reduce the risk?
Although counteroffers, notice periods and withdrawals cannot be eliminated entirely, there are practical steps employers can take to reduce the risk.
1. Understand the candidate’s motivations. Explore why they are considering a move, what they want from their next role and whether the opportunity addresses those priorities.
2. Be transparent from the outset. Discuss salary, benefits, caseload expectations, office attendance, flexibility, progression and team structure early in the process.
3. Keep the recruitment process moving. Agree timescales, arrange interviews promptly and provide feedback as soon as reasonably possible.
4. Make a compelling offer. Ensure the package reflects the responsibilities of the role and the current market, while clearly communicating the wider benefits of joining the firm.
5. Maintain communication after acceptance. Keep in touch during the notice period, answer questions and help the candidate feel welcomed into the business.
6. Plan for the notice period. Be realistic about start dates and consider interim workload arrangements rather than relying on a candidate to resolve an immediate staffing shortage.
7. Learn from withdrawals. Where a candidate declines an offer or accepts a counteroffer, understand what influenced the decision and whether anything could be improved next time.
These steps will not guarantee every appointment, but they can help create a more considered recruitment process and improve the likelihood of a successful outcome.
Recruitment is about commitment on both sides
The current legal recruitment market requires employers to be realistic about the challenges involved in securing experienced talent.
For conveyancing teams in particular, where technical knowledge, client relationships and continuity are essential, an unsuccessful appointment can mean additional pressure on an already busy team and further time spent recruiting.
The answer is not simply to offer more money or rush candidates into a decision. It is to understand what matters to them, communicate clearly and create a recruitment experience that gives them confidence in their decision.
For candidates, a move should represent a positive step in their career. For employers, the objective is to appoint someone who has the right skills, understands the opportunity and is genuinely committed to joining the team.
At TSR Legal, we work closely with both clients and candidates throughout the recruitment process, helping manage expectations, maintain communication and navigate the challenges that can arise between an initial conversation and a successful start.
If you are recruiting within your conveyancing team or experiencing difficulties securing candidates, we would be happy to discuss what we are seeing across the market and how a more targeted approach could support your recruitment plans.
Hannah Williams is a Principal Consultant at TSR Legal, specialising in conveyancing and property recruitment across Wales, the South West and the wider UK.