How should a GC plan a six-month maternity leave replacement?

A general counsel should plan a six-month maternity leave replacement around the work that must continue, the capacity it requires, and two handovers: one into the role, and one back to the returning lawyer. Write a coverage brief first, decide whether the workload needs full-time or fractional support, and arrange overlap where you can. Then give the replacement clear responsibilities, access and an escalation path before they take ownership.

A useful brief tells a candidate which work they will own, who they will work with, and where they can turn for a decision. It also gives you a consistent basis for comparing candidates.

Define the work that needs coverage

Sort what the departing lawyer does into three groups.

• Work that must continue without a gap. Recurring advice, anything with a deadline, and the questions the business expects a quick answer to.
• Work that can be paused. Potential examples include discretionary policy refreshes or clean-up projects. Confirm the deadlines and consequences with the relevant stakeholders before deciding a project can wait.
• Work that needs a separate specialist. Identify matters outside the replacement’s proposed responsibilities and decide who will manage them.

Document the division of responsibilities before interviewing. The replacement needs to know which matters they own, which require specialist input, and who approves that input.

Check whether the team can really absorb it

Before redistributing the work, check both experience and availability. List the responsibilities each colleague would take on, the time required and the work they would need to defer. Agree those tradeoffs before treating internal coverage as a complete solution.

Outside counsel can also bridge a gap. Compare the likely cost, availability and familiarity with your business against the needs of the role. An existing firm may know the matters well; embedded coverage may fit better when the work requires daily interaction with internal teams.

Decide how much experience the cover needs

Assess candidates against the work and decision-making responsibility in the coverage brief. Identify the experience needed to handle that work independently, any specialist requirements, and where support will be available. Matching a job title alone will not establish suitability.

Discuss how the team makes decisions, communicates advice and resolves competing requests. Ask candidates how they would work within that process and what context they would need at the start.

Finally, separate must-haves from preferences before you search. Requirements such as being in the office on set days or living in a particular city can shrink the pool quickly. Decide which are truly fixed.

Choose between full-time and fractional

Base the choice on actual demand. If the lawyer's week is full and steady, a full-time arrangement is a natural fit. If the demand is uneven, or only part of the work is time-critical, a fractional arrangement with agreed monthly hours may cover what matters without paying for idle days.

Compare the available candidates and start dates for a full-time secondment or fractional in-house counsel. Allow time to assess the match and complete onboarding. Our page on parental and medical leave coverage goes into how these arrangements typically work.

Work backwards from the overlap you want

Overlap gives the replacement a chance to ask questions about live files and meet the people involved. Starting the search earlier can give you more room to arrange it. So decide how much overlap you want first and work back from the leave date to when the search has to begin. Where overlap is not possible, replace it with a written handover: a matter list with status and next dates, the decisions the cover may make alone, and what comes back to you.

Plan the first week before they start

A good start is mostly logistics.

• A current matter list with status, next dates and the outside counsel on each file.
• A short decision framework: what the cover can decide, what they raise with you, and what must be escalated.
• Access on day one: laptop, email, systems and shared drives.
• Introductions to the stakeholders who will rely on them most.
• An operating rhythm, such as a weekly check-in, so problems surface early.

An example: how Tipalti did it

Tipalti, a finance automation company, faced this gap when a lawyer on its lean legal team went on parental leave. A full-time replacement did not suit a time-bound need, and a traditional law firm was too costly and lacked the in-house pragmatism the role called for. The legal leader described the gap in a single meeting and asked for fintech experience. Within days she had three or four candidate CVs, met them all and chose on fit. The lawyer started on day one with a laptop, email and systems access already set up, and joined meetings straight away. Two years later the lawyer is still one of Tipalti's two fractional counsel. You can read the full account in the Tipalti customer story.

That is one team's experience, and timing will vary with the role and the market. What carries over is the preparation: a clear description of the gap, a short list to compare, and access ready before the first day.

Vet the shortlist for a long cover

For a six-month engagement, a few questions are worth asking each candidate.

• Are you available on the start date, and committed to the whole period rather than just the beginning?
• Which responsibilities match your experience, and where would you need additional support?
• How have you handled a similar handover before?

Use the same written criteria for each candidate so you can compare the evidence consistently.

Plan the handback as carefully as the handover

The second handover is the one people forget. Before the leave starts, document the anticipated return date, how changes will be communicated, and a process for the final handover. Keep a running list of open matters, decisions taken while the lawyer was away, and any changes to templates, contacts or ways of working. Give the returning lawyer a clear picture of what changed and what has been left for them.

Decide early what happens to the cover afterwards. In many teams the full-time seat belongs to the returning lawyer, so tell the replacement from the outset that the role ends. Our work with Tipalti shows how leave coverage can develop into an ongoing fractional arrangement. Discuss any continuing role separately, once both sides understand the remaining work.

Build the budget around the whole engagement

Include the planned coverage, any overlap at the start and end, onboarding time, and specialist work that sits outside the replacement's scope. Confirm how the fee changes if you need additional capacity or the leave dates move. Identify who can approve those changes so an extension does not stall while the team still needs support.

Questions to settle before you brief the search

1. Which work must continue with no gap, and which can pause?
2. Which matters go to outside counsel, and who manages those firms during the leave?
3. How many hours a week does the work really take, and when are the peaks?
4. Which experience is non-negotiable, and which is a preference?
5. Is on-site presence required, and on which days?
6. How much overlap do we want at the start, and when must the search begin to get it?
7. What is the budget range, and who approves it?
8. What happens to the cover when the lawyer returns?

If you would like help turning those answers into a brief, tell us about the gap.

If the return date changes

An engagement may be extended if the lawyer is available, both sides agree revised terms and the required budget approval is obtained. Check notice, minimum-term and change provisions before relying on an extension. Set an early decision date and a fallback: a second lawyer, a documented internal handover or scoped outside support if the original lawyer cannot stay.

Questions for the leave-coverage provider

Ask how the provider verifies experience and required professional standing; how conflicts and insurance are addressed; who supports the lawyer and the client; and what happens if the match or availability changes. Confirm fees, notice, replacement, extension and handback arrangements in writing. Request a consented reference from a comparable coverage engagement, without asking for confidential matters or documents.