Lateral hiring is a necessary part of the changing legal landscape, and it can yield mutually beneficial results for both attorney and law firm. For the attorney, a lateral move can improve advancement possibilities, while also potentially providing a greater platform for clients, different work-life balance and better compensation. For the law firm, lateral additions can increase revenue, expand or deepen the bench in certain practice areas and achieve growth objectives.

Of course, lateral hiring brings with it risks. In some situations, firms acquire other firms' problems without the reward, or with unforeseen conflicts. Many law firms try to prevent unnecessary risk in hiring lateral attorneys by adopting practices, protocols and procedures.

One critical aspect of the lateral hiring process is to clearly define the moment that the candidate moves from being prospective to actual. When a partner joins a partnership or a nonpartner becomes an employee, typically the conflict of interest rules under Rule 3-310 of the California Rules of Professional Responsibility attach and could impute an existing conflict to the hiring law firm (or create a new one).