By Jim Knott, Founder

Most attorneys who look at a move are still employed, and most do not want their firm to find out before they have an offer. A confidential search is mostly a matter of habit: where you do the work, who you tell, and what you put in writing.

Check your obligations first

Before you speak to anyone, read your employment or partnership agreement. Look for the notice period, any terms about clients and colleagues after you leave, and any requirement to tell the firm before you accept an offer elsewhere. State rules and contract terms vary, so if something is unclear, ask your own ethics or employment counsel. Do not rely on a recruiter or a new firm for that advice.

Keep the search off your firm's systems

  • Use a personal email address and a personal phone, never your work account, work phone, or office network.
  • Do not print, save, or forward anything related to the search at work.
  • Take calls and interviews outside working hours where you can, or book time off that does not draw attention.
  • Do not store your resume on a shared drive or a synced work folder.

Be careful with your resume

Your resume should describe your work without breaching client confidentiality. ABA Model Rule 1.6 protects information relating to the representation of a client, not only privileged material. Describe matters by type, size, and your role. Name a client only where the engagement is already public, and say nothing that would let a reader identify a client who has not been named.

Choose references with care

References are usually checked late, after an offer is close. Choose people who can speak to your work and who will not mention it to your firm: a former colleague who has moved on, a client contact you have permission to name, or a lawyer outside your firm. Ask each of them before you list them.

Watch the public signals

  • A sudden rewrite of your LinkedIn profile is noticed. Make changes only when you are ready.
  • Do not use a banner or setting that says you are open to work.
  • Do not ask colleagues at your firm for introductions or advice about other firms.
  • Be as discreet with friends at other firms as you are with colleagues. Legal markets are small.

Decide what a recruiter may do

If you work with a recruiter, ask three questions before you share your resume. Will you send it to any firm without asking me first? Will you contact my current firm for any reason? Who else will see it? A recruiter who cannot give a clear answer to each of these is not working in your interest.

Bound sends your resume to a firm only after you approve that specific firm, and never contacts your current firm. Bound is free to candidates. You can register confidentially and email your resume afterwards.

When you get an offer

  • Read the offer in full, including the billable requirement, bonus terms, and any terms about clients.
  • Plan your resignation. Give the notice your agreement requires, and tell your firm yourself before anyone else does.
  • Do not take client files, documents, or contact lists with you. What you may take, and what you may tell clients, depends on your obligations and on the rules in your state.

If you are a partner

Partner searches carry extra questions about clients, conflicts, and the timing of any approach to clients. Plan those steps with your own counsel before you speak to a new firm about business. For the hiring firm's side, see when a lateral partner's book is really portable.