ONE OF A KIND

Why Small Law Firms Need Flex Talent

By Jay Harrington

Law firms have been a bit slower to use flex legal talent than in-house legal departments. But that’s changing as boutique firms begin to see flex talent for what it is: not just a relief valve, but a strategic tool for growth.

hands grasping and rocket signifying the benefits of flex legal talent

I co-founded a boutique law firm in 2009. Like many lawyers who left Big Law, my partner and I weren’t trying to build a massive operation. We wanted more control, closer client relationships, and a small, high-quality team. And it worked—until we hit a wall.

We weren’t short on clients. The challenge was keeping up with demand without overextending ourselves and our small team. Hiring a full-time lawyer was a big commitment. When you’ve got four lawyers, adding a fifth means increasing headcount by 25%. If the fit is off—or if the work slows down—you really feel it financially and culturally.

So our default was to push through busy periods ourselves. We were forced to say no more often than we wanted to. And we referred out work that we might’ve kept with the right help.

Looking back, things could have been different if we had reliable access to flex legal talent.

Flex legal talent refers to experienced lawyers who work with firms on a project-specific, part-time, or temporary basis — without being full-time employees. They’re often former Big Law attorneys or in-house counsel who want more flexibility and are available for limited engagements or “on-demand” work.

In-house legal departments have used this model for years. When internal bandwidth is tight, they bring in a senior commercial contracts lawyer or M&A attorney to fill a short-term gap. It’s a well-established tactic that helps teams stay lean and responsive.

Law firms, on the other hand, have been a bit slower to adopt flex talent. But that’s changing, because the benefits are clear: you get capacity and expertise without the long-term costs or commitments of traditional hiring.

And that shift is part of a larger pattern we see across other parts of the economy, where flexibility and access to on‑demand capacity have replaced heavy upfront investment as the default way to grow.

For example, in the early days of tech startups, companies had to raise money just to buy servers. Before they could build a product, they had to build infrastructure. It was expensive, slow and rigid.

Cloud computing changed that. Now startups spin up capacity as needed and pay only for what they use. That flexibility unlocked growth.

Flex legal talent does the same for small law firms. You don’t have to commit to permanent headcount just to keep up with demand. You can tap into senior-level support when you need it.

Some of the most common use cases of flex talent for small firms include:

  • Handling a surge in work: A new litigation matter lands, or a key client sends over three deals at once. You don’t want to hire full-time for a temporary spike. A flex lawyer can help you deliver without delay or burnout.
  • Capturing work you’d normally refer out: You’ve built trust with a client, but lack depth in a specific area. With flex talent, you can say yes more often—pulling in a securities, employment, or regulatory lawyer as needed. You keep the client. You keep the revenue.
  • Testing a potential hire: With a flexible arrangement, you have the opportunity to assess the culture fit and capabilities before making a long-term commitment.

Why It Works for Boutique Law Firms

Traditional hiring is high risk at a small firm. The costs are real. The stakes are high. And the margin for error is thin. Flex legal talent gives you options. It lets you:

  • Expand capacity without growing overhead
  • Protect your core team from overload
  • Maintain your standards and culture
  • Grow on your terms

Looking back, if our firm had access to flex talent 15 years ago, we would’ve captured more work, grown faster, and protected our sanity along the way.

This model wasn’t widely available at the time. But it is now. And more firms are starting to see it for what it is: not just a relief valve, but a strategic tool for growth.

More Tips on Building Your Team



one of a kind book by Jay Harrington

BY JAY HARRINGTON

In today’s legal market, developing a profitable and consistent book of business requires a strategic approach. If you’re open to new ideas and are interested in growing your practice, this book is a great resource to kickstart the next stage in your career.

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Jay Harrington Jay Harrington

Jay Harrington is the founding partner of Latitude Legal’s Detroit office, owner of Harrington Communications, and the author of  several books for lawyers on issues related to business and professional development, including “The Productivity Pivot,” “The Essential Associate,” and “One of a Kind: A Proven Path to a Profitable Practice.” Previously, he practiced law at Skadden Arps and Foley & Lardner.

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