Question: During a recent firm meeting one of our partners asked what the firm could do to be different than every other law firm. What are your thoughts?
Response:
Creating a competitive advantage that is sustainable over time is difficult at best. It is so easy for your competitors to copycat your recent innovations. Clients of law firms advise us that they hire the lawyer – not the firm. However, this only partly true. The firm – its image – its brand – provides a backdrop for the individual attorneys marketing efforts as well – makes marketing easier – and provides backup and bench strength that many clients require before retaining a lawyer.
In general the law firm is faced with the dual challenge of developing a reputation (brand) at both the firm and the individual lawyer level. In general – client delivery practices and behaviors that are part of the firm's core values and have been burned into the firm's cultural fabric are the hardest to copycat.
Areas in which you can consider differentiation strategies:
John W. Olmstead, MBA, Ph.D, CMC
Question: What are some ideas that our eight attorney should be doing to improve profitability?
Response:
Use the RULES formula to focus your effort.
R = Realization rate or effective rate per hour.
U = Utilization – billable hours or case production hours.
L = Leverage – ratio of partners to other timekeepers.
E = Expenses – overhead.
S = Speed – collection cycle – converting work to bills and bills to cash.
Profitable law firms have an appropriate mix of each of these profitability levers. Compare against internal and external benchmarks and determine which of the levers require attention. Usually expenses is not the primary problem – in fact many firms should be spending more in the form of investment. Usually the primary focus should be on improving:
Many firms need to increase case/matter volume through better client development and marketing to be able to obtain higher leverage ratios.
John W. Olmstead, MBA, Ph.D, CMC
Question:
I have recently read several law firm management articles that have referred to "Pipeline Management". What exactly does this mean and what is the implication for law firm management?
Response:
Pipeline management is a term used in the management consulting profession to refer to the process by which you continually evaluate your active opportunities (prospective clients to booked clients) for their balance of QUALITY and QUANTITY. The goal is to continually stay on top of the overall health which is a full pipeline. Pipeline management allows client relatiionship managers to more accurately forecast fee revenues, better staff and manage client engagements, and close more client business.
I often also refer to Pipeline managment in law firms in the context of using financial dashboards by which the individual charged with financial management responsibilities is continuously aware of significant changes in the firm's Pipeline (from prospects to cash):
By comparing these dashboad statistics to a prior month, quarter, or year – you are able to avoid financial surprises down the road.
John W. Olmstead, MBA, Ph.D, CMC
Question:
We have had recent discussions in our partner meetings as to whether in these challenging economic times we should play it safe or to step out and innovate.
Response:
As far as the economy – several legal industry sources are advising that the economy may be turning the corner for law firms. According to a PricewaterhouseCoopers Survey – the Worst of the Recession is Over for Law Firms. http://bit.ly/VUEbM. Hildebrandt also recently announced an improvement in the Peer Monitor Index. http://www.hildebrandt.com/Pages/default.aspx.
While all of us need to be cautious concerning playing games of chance and gambling with our professional practices – this is an excellent time to re-examine business models and approaches of the past. Many large and small firms alike are doing just that. Clients are looking for more value for their fee dollars and better client service. Firms that are daring to be different are experimenting and exploring:
This recession may have been more that just another recession – it may have been a management lesson for us all – resulting in permanant structural changes to how legal services are produced, delivered, and consumed.
John W. Olmstead, MBA, Ph.D, CMC
Question: Our firm, a seven attorney personal injury firm in the southwest, seems like we can never get to the next level financially. Do you find that excessive overhead (expense) is the major problem for law firms?
Response:
Not really. In fact, in many cases I find that law firms should be making larger investments in their future and spending more money. Often investments in marketing, talent, and technology are insufficent in many firms. The problem in most firms is insufficient leveraged fee revenue. In other words – many small firms practitioners – only think in terms of whether they have adequate work to keep themselves busy – they do not think in terms of being a net exporter of work so they can keep themselves busy plus two or three other attorneys and or paralegals. A well leveraged practice is what takes you financially to the next level. In reality – more marketing is needed – to create a sufficient volume of work to support this leverage. Once this is accomplished – attorneys must learn how to manage and supervise others – and the compensation system must shift emphasis from personal working collections to responsible (billing attorney) collections.
John W. Olmstead, MBA, Ph.D, CMC
Question: We recently completed an informal client survey and were surprised at some of the feedback. Our scores were lower than anticipated. Clients believe that our services took longer than expected and fees were also higher than expected. We work as dilligently as we can for our clients and I don't see how we can improve turnaround or reduce legal fees. Suggestions?
Response: Based upon client surveys that we do for law firms we find that one of the biggest problems is that the attorneys are doing a poor job of managing client expectations. The key is to under promise and over deliver. I suspect that upon the initial client meeting you are under estimating the timeline and low balling the fee range. Increase the promise – timeline and fee range and then shoot to deliver under that range. This will do wonders for improving the client relationship.
John W. Olmstead, MBA, Ph.D, CMC
Question:
I do a good job of collecting initial retainers before doing work for my family law and criminal clients. But then I fall behind on retainer replenishments. Do you have any thoughts or ideas?
Response:
This is a common problem I hear from clients in all practice areas. Here are a few suggestions:
The key here is assigning someone the daily responsibility of monitoring retainers, having a good time and billing system, and using the managment reports from the system to stay on top of retainer useage.
John W. Olmstead, MBA, Ph.D, CMC
Question: I am one of the founding partners in a 25 attorney law firm in the northeast. We have three equity partners, six non-equity partners and sixteen associates working in the firm. We focus totally on litigation. Each of us three equity partners have equal ownership percentages and since day one (20 years) have divided firm profits equally along those lines (1/3, 1/3, 1/3). We each put in the same amount of effort and work – but since I am managing partner – my fee collections are much lower than those of the other two equity partners and I am concerned that they may feel that I am not carrying my weight since my fee collections are lower. How should this be handled in our compensation system?
Response:
This is a common question that we hear often. It sounds like you are still allocating income in the same manner that you did when the firm first started. Often when a firm grows the partner compensation system needs to be reexamined when and if partner roles or contributions change. As the firm has grown I suspect that your time spent on management activities has grown as well. I, as well as many other legal management consultants, believe that firm management (running the business) is as important as generating client fees and should be so considered in partner compensation systems.
We have numerous law firm clients where at least one or more of the equity partners "run the business" and do not provide billable client services at all.
Management time should not be used as a non-billable time category (excuse) to simply "dump" time. Your partners have a right to expect results that improves the bottom line and the size of the pie for all.
Here are a few suggestions:
John W. Olmstead, MBA, Ph.D, CMC
Question:
I am having problems with effective client development. I believe that I need to do more networking and become involve in professional organizations. Suggestions?
Response:
Definitely. However, here are a few ideas and guidelines.
John W. Olmstead, MBA, Ph.D, CMC
Question:
More and more law firms are using web sites. Where are these sites falling short? What about news rooms?
Response:
There is another audience besides clients and prospective clients. That audience is the media. Law firm web sites need to direct more focus on the media and the recognize the benefit of effective public relations. Law firm web sites should incorporate first-rate online press rooms.
The first wave of law firm web sites was often the brainchild of the marketing department or the attorneys. As a result reporters were often forgotten in the rush to publish. However, for most firms, the news media is a clear and well-defined audience. What type of information should we provide that is key to this audience?
Contact Information
Too many web sites bury any contact information, much less specifics on whom to call for an “on the record” statement. Many sites, if they include any contact information, will only include an address, phone and fax – no names.
If you want to make friends with the media, make it easy for them to call (or e-mail) you. Whether it is a link from the home page, or an easily-found link in the “about us” or “news” sections of your web site – give the media basic information about branch offices – along with names and phone numbers. Don’t forget the area code.
If you are concerned about e-mail overload, set up a special e-mail address for media inquiries (but make sure that it is checked more than once a day). If your web administrator persuades you to use “form mail” (instead of an e-mail link) minimize the “required” fields and tell the reporter, up front, that he/she will receive a copy of the correspondence upon “send.” (These are two functional requirements that you should insist upon.)
Archived News Releases
This seems like so much common sense that I don’t understand why many have foregone this courtesy. Not only is it a boon for reporters (90% say they use the web for research) or others who are researching your firm, industry, or a event of the day, but it also allows you to let the world know what your organization has said about any given topic. Think of it as self-publishing.
Search engines may or may not be a good idea for archives. I suggest taking a little time (so that reporters don’t have to) and organizing news releases in annual archives as well as subjective ones. Some releases will fall into more than one subject category. Use hyperlinks and the web.
Downloads
Your web site allows you to have a 24×7 presence for the media, which is especially crucial for firms with a global presence. Think about common requests that could easily be delivered via the web:
If you do set up a special section for the media, as a general rule, don’t require registration or “credentialing.” There are exceptions to this rule, but they are in the distinct minority for most firms.
John W. Olmstead, MBA, Ph.D, CMC