Retained legal recruiters obtain an upfront fee from a law firm before beginning the search, while contingency legal recruiters get paid only if they find a suitable candidate to fill the open role. Law firms choosing between retained vs. contingency legal recruiters in Chicago, Illinois, should define their hiring goals, budget, seniority of the role, urgency of the role, and the number of legal professionals they need to recruit. They should also understand the advantages and disadvantages of both recruiting models.
At Astor Professional Search, we offer both retained and contingency legal recruiting solutions to law firms within and outside Illinois. Call us at (312) 781-9000 to find out more about how our team can help you achieve your hiring goals.
Illinois had 61,945 active lawyers in 2025, ranking sixth among the states with the highest population of active resident lawyers. Finding the right attorney candidate in such a heavily lawyered state usually requires working with a legal recruiter. Law firms looking to hire an attorney headhunter should know the difference between retained and contingency legal recruiting. This knowledge will help them make an informed decision when choosing between the two recruiting models. The main differences include:
Retained recruiting firms ask for an upfront fee, commonly known as a retainer, before commencing the search. This fee is usually half or a third of the total amount charged for the entire recruitment process. The remaining balance often gets paid in two phases: on a milestone date set with the recruiter earlier, and after a candidate gets successfully placed at your firm.
Contingency recruiting firms conduct the search for free and get paid only after finding the right candidate for the vacancy. Simply put, the payment is subject to the search yielding a suitable candidate. The contingency fee is often a third of the candidate’s total first-year cash compensation package.
Retained legal recruiters prioritize their search to identify a few qualified candidates who fit into your firm’s culture. They take the time to understand your needs, find the right candidates, and thoroughly vet them to see if they match your firm’s goals and values.
Contingency legal recruiters tailor their talent search to connecting you with a large pool of qualified candidates. They evaluate your business’s needs and requirements highlighted in your job descriptions to match you with several candidates who could fill the position. The contingency recruiting model can prove helpful when law firms struggle to find qualified associates to fill several open positions.
Hiring a retained legal recruiter often involves entering a long-term relationship with that recruiter. You may need to sign an exclusivity agreement declaring that you will only work with that recruiter to locate and recruit new employees.
Working with a contingency recruiting agency is often a short-term relationship. Generally, you have the freedom to work with several different agencies to expand your access to top legal talents. Your working relationship with a contingency recruiter often ends once the job search process is complete unless you extend the engagement.
Law firms should hire a legal recruiter after considering the pros and cons of retained vs. contingency recruiting. Doing that can help your law firm choose a recruiting approach that suits your hiring needs.
Many retained recruiters prefer to enter exclusive working relationships with law firms. Such an arrangement means the recruiter dedicates more time and resources to the search and placement process.
Retained recruiting is your go-to hiring model if you want new employees to join your firm quietly. Retained recruiters can use discreet methods, including encrypted emails and private job boards, to contact candidates. They can keep the entire recruitment process confidential until the candidate officially moves to the new firm.
Retained agencies handle the entire search process, from locating top talent and conducting background checks to initial interviews. This saves you time that you can dedicate to other productive activities in the firm.
Retained recruiters often have access to large talent pools because of their vast networks with legal professionals and law firms. They can match you with competent candidates who are not actively searching for new jobs but already feel that it’s time to make a move.
Retained recruiting is often costlier than the contingency arrangement. You must pay a fee beforehand, regardless of whether the search process will be successful.
The exclusive agreement bars you from working with other recruiters within your target market. That means you will have to rely on a single firm’s network for new employees, even if that firm struggles to locate the right candidates.
Retained recruiting is not suitable for junior-level or less specialized roles. It also doesn’t make financial sense when you are looking to fill many open positions, regardless of their hierarchy and level of specialization.
You don’t have to pay anything for the search process to begin. Additionally, you pay only if the recruiter finds a suitable candidate for you. That means the risk of losing your money is lower compared to retained recruiting.
You can work with several recruiters at the same time to increase your access to suitable candidates.
Recruiters invest time and resources to get the right candidate as quickly as possible. This is because the longer they take to find a talent, the longer they stay without getting paid.
A contingency recruiter may prioritize filling a role quickly to get paid. The outcome is candidates who are less thoroughly vetted.
Conflicts over who found the candidate may arise when multiple recruiters are involved in the search process.
Contingency recruiters may focus more on finding legal professionals who meet the qualifications in the job descriptions. They may not bother to check if the selected candidates fit your firm’s culture.
Finding the right type of recruitment for your firm will require you to review key factors:
Start by determining your hiring goals. If your law firm is small and you have multiple roles to fill concurrently, a contingency recruiter could be the right choice for you. If your firm is large and you are looking to fill several positions gradually, then a retained recruiter could work for you.
How much are you willing to invest in a legal talent search? If you have a huge budget that can cover upfront fees and the rest of the payment after a successful hire, then a retained recruiting agency could be a perfect option for you. Stick with a firm that offers contingency recruiting services if your budget is tight.
Retained recruiting is a great choice for filling senior positions that require high-profile candidates. Contingency recruiting, on the other hand, works best for junior to mid-level positions.
Consider how soon you want a candidate to join your firm. Pick a contingency recruiter if you need to urgently fill an open position. Go for a retained recruiter if you have enough time to vet several candidates and pick the right one for the role.
Astor Professional Search is your go-to recruiting partner, whether your law firm needs the highly focused talent search of retained recruiting or the quick turnaround of contingency recruiting. Contact us today to discuss your hiring needs with one of our seasoned legal recruiters.
A retained legal recruiter is a recruiting agency that works exclusively with a law firm to fill senior-level, key, or specialized positions on a retainer fee. The law firm must pay a specific amount upfront before the search begins and clear the rest after a successful placement. The recruiter works closely with the firm to locate the right talent that is a perfect fit for the firm’s culture.
A law firm should use a contingency legal recruiter rather than a retained recruiter when it has multiple open positions or wants to fill a role urgently. A contingency recruiter is also a great choice for filling lower to mid-level positions.
Retained legal recruiting is often more effective for partner or attorney-level searches because it is designed to support confidential outreach, thorough vetting, and cultural fit assessment. Retained recruiters work with your law firm on an exclusive basis and obtain an upfront fee before commencing the search. This arrangement allows them to commit sufficient time and resources to analyze the competitive legal talent market and discreetly contact partners or senior attorneys with a portable billable client base.
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