Experience Gaps and Key Person Risk: Why Succession Planning Is Becoming Critical in Criminal Law
- Posted by Leanne Byrne
- January 13, 2026
Criminal law firms have always operated in demanding conditions. Heavy caseloads, emotional intensity and long-running matters are part of the fabric of the work. What has become more apparent in recent years, however, is how exposed some practices are to gaps in experience and over-reliance on a small number of individuals.
While recruitment challenges in criminal law are well documented, a quieter issue is emerging alongside them. For many firms, the question is no longer how to grow, but how to sustain teams, protect continuity and plan for the future when experienced practitioners are increasingly difficult to replace.
From a recruitment perspective, this has shifted the focus away from volume hiring and towards succession planning, resilience and risk management.
Looking Back: How Recent Years Have Changed Team Dynamics
Over the past few years, criminal law teams have had to adapt to sustained pressure across multiple fronts. Case timelines have lengthened, workloads have remained intense and progression pathways have not always kept pace with the demands placed on practitioners.
For firms, this has had a knock-on effect on team structure. Experience has become more valuable, not just in terms of technical ability, but in supervision, judgement and client handling. At the same time, replacing that experience has become harder.
What we hear consistently from firms is that losing a senior or well-established criminal solicitor is no longer just a recruitment issue. It can have immediate operational consequences.
The Mid-Level Experience Gap
One of the most common themes in recruitment conversations is the difficulty in sourcing mid-level criminal solicitors.
The 3–7 PQE range is particularly challenging. These are practitioners who are confident running files, capable of supervising junior colleagues and beginning to take on more responsibility within the team. Yet many firms report that this layer is thinner than it once was.
This creates pressure at both ends of the team. Junior solicitors have fewer people to learn from, while senior practitioners carry more responsibility for oversight, advocacy and decision-making. In practice, this can slow progression, increase workload and heighten stress across the department.
Crucially, this is not something that can be resolved quickly. Experience in criminal law is built over time, and there are limits to how fast individuals can step up without appropriate support.
Key Person Dependency in Criminal Law Firms
Alongside experience gaps sits another issue that many firms recognise but rarely articulate openly: key person risk.
In many criminal practices, a small number of senior solicitors or partners hold significant responsibility. They may cover duty rotas, supervise teams, maintain client relationships or carry reputational weight within the local market. When one of those individuals reduces hours, plans retirement or leaves unexpectedly, the impact can be immediate.
This reliance is rarely intentional, but it develops naturally over time, particularly in smaller teams or specialist practices. The risk arises when there is no clear succession plan or insufficient depth beneath those individuals to absorb the change.
From a recruitment standpoint, this is where hiring becomes about continuity rather than expansion.
Succession Planning Versus Hiring for Growth
Not all recruitment is driven by growth. In criminal law, many hiring decisions are made to protect what already exists.
Firms are increasingly thinking about questions such as: who can step into a supervisory role if needed, how knowledge is shared within the team, and whether there is a realistic pathway for less experienced solicitors to progress into more senior positions.
Succession planning in this context does not always mean replacing someone immediately. It can involve strengthening teams gradually, bringing in individuals with the right foundations, or investing in development to reduce reliance on a single practitioner.
Recruitment becomes one part of a wider strategy, rather than a reactive response to a resignation.
What Firms Are Doing Differently
While there is no single approach, some patterns are emerging.
Firms are being more selective about the experience they bring in, even when hiring cautiously. There is greater emphasis on attitude, resilience and long-term fit, alongside technical competence. Some are looking slightly earlier in a candidate’s career and placing more focus on development, recognising that waiting for the “perfect” hire is not always realistic.
Others are having more open conversations internally about succession, supervision and workload distribution, rather than assuming existing structures will continue indefinitely.
These are not dramatic shifts, but they reflect a more strategic mindset around people planning.
Looking Ahead
Succession planning in criminal law is no longer a theoretical exercise. Experience gaps and key person dependency are real considerations for firms trying to maintain stability in a demanding environment.
For criminal law practices, the challenge is not simply attracting talent, but ensuring that teams are structured in a way that supports continuity, progression and resilience over time.
From a recruitment perspective, the most effective conversations are those that look beyond immediate vacancies and consider how teams need to function in the years ahead. Firms that recognise these risks early are better placed to manage them, rather than being forced into reactive decisions later.
About Clayton Legal
Clayton Legal is a specialist legal recruitment consultancy with long-standing experience supporting criminal law firms across England and Wales.
We work closely with criminal defence practices to advise on recruitment, retention and succession planning, helping firms think strategically about team structure rather than simply filling vacancies. Our approach is built on long-term relationships and a clear understanding of the operational realities facing criminal law teams.
If you would like to discuss how experience gaps or succession planning may affect your practice, or if you are considering your next hire within criminal law, please get in touch with our specialist team for a confidential conversation.