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May 31, 2016

Law Firm Succession – Transitioning Clients to the Next Generation

Question:

I am a member of a three-member executive committee for a 34 lawyer firm in Austin, Texas. We have been in practice for over one hundred years. While we have had partners retire in the past with no issues we are now facing a situation where seven partners are approaching retirement at the same time and each of them controls significant books of business. What can the firm do to ensure that retiring partners properly transition their clients so the firm can continue to flourish after the partners are no longer here? We would appreciate your thoughts.

Response:

This is problem that many law firms are facing as baby boomers approach retirement. Rather than one or two partners coming up for retirement many firms are experiencing a "bunching of retirees" all at the same time. This can have a significant impact upon cash flow planning, client development, and attorney talent management.

Here are a few thoughts:

  1. Access your lawyer talent pool to insure that you have people in place that can service the needs of the retiring partner's clients. If your talent pool is insufficient develop a strategy (lateral recruitment, merger, etc.) and develop a plan for locating lateral/merger opportunities.
  2. If the firm does not have a plan for dealing with the upcoming partners retirements and the transition of their clients write a client transition plan and commence its implementation. The plan should include an action plan that is structured like a project plan with beginning and ending dates, specific times, and individuals assigned to specific tasks. The plan should serve to keep things moving over a three to five year transition time period.
  3. Your committee should be communicating with your partners approaching retirement, talking with them about their goals and timelines concerning retirement, and getting them to commit to a date certain even if it is many years into the future.
  4. The compensation should include incentives that encourages retiring partners to transition rather than hoard clients.
  5. Determine a shortlist of who in the firm should take over clients.
  6. Begin client introductions to successor attorneys early. Go deep with relationship building – not just a simple introduction. Your committee and the retiring partners should monitor and follow-up with successors to insure that they are developing relationships with these clients.
  7. Assign co-responsible attorneys to all matters that a retiring partner is assigned.

There are a lot of other ideas that you can explore. The key point is to communicate with your senior partners, get them thinking about retirement rather than pushing it under the rug so there is a three to five year transition period, and start early. I have seen too many situations where a partners walks in and announces that he wants to retire in the sixty days, six months, or one year. This is not enough time if the firm wants to retain retiring partner's books of business.

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John W. Olmstead, MBA, Ph.D, CMC

 

May 24, 2016

Law Firm Marketing – Using Webinars to Market an Estate Planning Practice

Question:

I am the managing partner of a six attorney boutique estate planning practice located in Madison, Wisconsin. We had a great year last year financially as we have the last several years. However, this year (2016) we are off to a terrible start. Our new matter intakes are down by twenty-five percent. We have a very proactive marketing program – print advertisements, directory listings, top notch website, and we do seminars for prospective clients. I know other estate planning attorneys that do more seminars than we do. Should we be doing more seminars? I would appreciate your insight. 

Response:

I have other estate planning law firm clients telling me that their new client intakes are down this year as well. I think it is a demand/timing issue. Regardless of the amount of advertising I find that most estate planning firms receive the bulk of their clients from past client referrals, referrals from friends, and referrals from other professionals including lawyers. Some of my estate planning law firm clients that spend the least on advertising are the most successful financially.

Regarding seminars, I believe they are not having the same impact that they did in the past. More and more people are going to the internet for information and content. State Bar Associations are reporting that more and more CLE programs are being delivered electronically via the internet in the form of webcasts and webinars. College degrees, law degrees, and LLM degrees are being offered via the internet. I believe that traditional face-to-face seminars will draw less qualified prospective clients than in the past.

I would still look for opportunities to "partner up" with organizations that are willing to sponsor seminars but I would resist the temptation to sponsor and fund seminars yourself.

You might want to experiment with sponsoring your own educational webinars for clients and prospective clients and look into webinar products such as www.GoToWebinar.com. The expense would be minimal and you may have better results.

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John W. Olmstead, MBA, Ph.D, CMC

 

 

 

May 17, 2016

Law Firm Equity Partner Capital Contribution

Question:

I am the sole owner of a twenty-five attorney litigation boutique firm in Los Angeles. I am the only equity partner with nine non-equity partners and fifteen associates. I am concerned that if I don't provide a path to equity partnership some of my senior talent many gradually defect to other firms or split off to create their own law firms. I also believe that providing a path to equity partner for deserving non-equity partners is the right thing to do. Therefore, I am planning on admitting two non- equity members this year. Should I require capital contributions?

Response:

I believe that all new partners should be expected to contribute capital and have some "skin in the game." Whenever a firm admits a new partner, the firm should require the new partner to contribute capital. Increasingly, a partner's capital requirement should bear a relationship to the partner's share of profits. You may want to allow new partners a reasonable period of time to fund their capital accounts – say one or two years via a capital note or help them arrange favorable terms at your bank to finance their capital accounts. Usually capital accounts are tied to working capital needed to operate the firm and the percentage of ownership/income that each partner will have.

While capital contributions are all over the board ranging from zero to $100,000 in firm's your size I often see capital contributions ranging from $25,000 to $50,000. 

There are only three ways to increase a firm's working capital to cover cash flow requirements and fund growth:

1. Have partners put more money in
2. Have partners take less money out
3. Borrow

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John W. Olmstead, MBA, Ph.D, CMC

 

 

May 10, 2016

Law Firm Client Relations: Lost Client Survey

Question:

I am a member of our firm's executive committee. We are a 16 attorney business transactional firm in Seattle. Recently the firm has lost several key clients and we want to know what we can do determine why this happened and what we can do to improve client retention. I would appreciate your suggestions.

Response

I would conduct a lost client survey. This type of survey is used if your firm wants to know why you have lost a particular client or group of clients. With this survey interviews are conducted (usually by telephone or in person) with clients that no longer do business with your firm. Let the client know that you are sorry that he or she is no longer doing business with your firm and that you are interested in learning from your mistakes. Understanding your client’s reason for leaving will help you make improvements for future clients. One of the greatest benefits for this type of survey is that you are often able to discover the specific reason a client left.

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John W. Olmstead, MBA, Ph.D, CMC

May 03, 2016

Law Firm Management Structure – Firm Administrator and Marketing Director

Question: 

I am the founder and managing partner of a 27 attorney firm in Dallas Texas. I own 90% of the stock in the firm. I have a three member management committee that serves as a sounding board, a firm administrator, and several people in accounting that work for the firm administrator. We are anticipating hiring a marketing director and are trying to think our way through how to structure this new position as well as future management positions down the road. I would appreciate any thoughts that you may have.

Response:

It will depend on the depth of experience of the marketing candidate that you hire and the level that you want them to perform. If you hire a heavy weight, they will be expected to have "director" in their title" and you will want them to have the respect of other attorneys in your firm, your clients and prospective clients. Therefore, they may carry a title such as Director of Marketing, Director of Client Development and Marketing, etc. If this is the case this position should report to either you, the managing partner, or the management committee, not the firm administrator. Depending on the level of your administrator it may be appropriate to retitle the position as Director of Administration and have it also report to you, the managing partner, or the management committee. Before long you may need a Human Resources Director and when that time occurs that position also could report to the you, the managing partner, or the management committee. Accounting and administrative staff would report to the Director of Administration, marketing staff would report to the Director of Marketing, etc. I would develop job descriptions for each position as well as your position and the management committee.


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John W. Olmstead, MBA, Ph.D, CMC

Apr 26, 2016

Law Firm Billable Hours in an Insurance Defense Firm

Question:

I am the managing partner of a 12 lawyer insurance defense firm in Oklahoma City. We have 4 partners and eight associates. While we have grown over the last five or six years by adding associates our profitability has remained flat. We feel that we are not getting the billable hours that we should out of our associates. What are other firms like ours getting out of their associates in terms of billable hours?

Response:

Most of my insurance defense firm clients expect a minimum of 1800+ annual billable hours from associates and partners. Often 1800 is a requirement to remain employed and the minimum threshold to be eligible for a performance bonus. Often I see billable hours at 2000 to 2200 in insurance defense firms.

This goal is getting harder to achieve. Insurance companies are now managing hours as well as rates and outlining their expectations in their billing requirements and guidelines. Law firms can no longer "lean on the pencil" like they used to do in the old days. In addition, if business and file assignments are down you can't expect associates to work on work that isn't there.

If you are not getting 1800 hours – the problem may not be associate work ethic – it may be that more time needs to be invested by the partners in focused business developed and bringing in more work.

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John W. Olmstead, MBA, Ph.D, CMC

Apr 12, 2016

Law Firm Client Satisfaction – Exceeding Client Expectations

Question:

I am owner of a four attorney firm in Amarillo, Texas. We represent both individual and institutional clients. Recently, we have had numerous complaints from clients advising us that our services took longer than expected and fees were also higher than expected. I would appreciate your thoughts?

Response:

Based upon client satisfaction surveys (telephone interviews) 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. Your clients get frustrated when you promise one thing (timeline or fees) and the result is very different – especially when the work takes longer than promised or the fees are higher. Even though you don't structure it as a promise your clients take it that way. 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. Reduce the promise – increase the - timeline and fee range and then shoot to deliver under that range. This will do wonders for improving the client relationship.

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Apr 05, 2016

Law Firm Debt – Impact of Debt and Other Liabilities Upon Future Growth Options

Question:

I am a member of a three member management committee of a 16 lawyer firm located in Akron, Ohio. We have 10 partners and 6 associates. Several of our partners are in their 50s and 60s. Recently, we have had discussions with a couple of potential merger partners and laterals and in all cases they have backed out advising us that they were uncomfortable with our balance sheet. What can we do to better position ourselves. We desperately need to bring in new talent with books of business?

Response:

First there are the obvious balance sheet items – bank debt, large tapped out credit lines, equipment leases and other liabilities. Then there are the items that are not recorded on the balance sheet – namely unfunded partner retirement buyouts and long term real estate leases. These are often major deal breakers in mergers and scare away laterals. If you have bank and other debt on the balance sheet work at cleaning it up. More importantly if you have unfunded partner buyouts begin either rethinking the desirability of these programs or begin funding this liability now with a goal of the liability being totally funded over the next five to seven years. Then shift to a retirement program that is totally funded. Unfunded partner retirement programs are becoming a thing of the past.

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John W. Olmstead, MBA, Ph.D, CMC

 

Mar 30, 2016

Law Firm Compensation for TIme Spent by Partners Managing The Firm

Question:

Firm has three partners, two associates, and 2 staff members. We are a new firm and just started in practice a year ago. We are equal partners and we allocate compensation equally based upon these ownership interests. We believe the system has worked well for us but we been considering whether one person should handle all the management duties and if so how that person should be compensated. We would appreciate your thoughts.

Response:

First I would identify the duties and hours involved and make sure the duties are managing partner level duties and not office manager level duties that should be handled by staff. Delegate or consider hiring an office manager for duties than can be delegated. For duties that can't be delegated I would suggest you that a look at the hours that will be required and determine a  fixed additional compensation amount based on expected hours and the partner's standard billing rate. The partner's compensation would be his/her fixed additional compensation amount plus his/her allocation based upon ownership interest.

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John W. Olmstead, MBA, Ph.D, CMC

 

Mar 22, 2016

Law Firm Partner Retirement Buyouts – How to Keep from Breaking the Bank

Question:

Our firm is a 14 lawyer firm in the Boston suburbs with 4 founding partners and 10 associates. Two of the partners are in their 50s and two are in their 60s. Several years ago we adopted a retirement buyout plan for the founding partners where each partner upon retirement is paid the balance of his cash-based capital account and a multiple of one times an average of his last three years earnings paid out over a five year period. I am concerned that when partners begin to retire the retirement payouts will place undue stress on operating funds and the firm's ability to continue to be successful. I would appreciate your thoughts.

Response:

If nothing else you should consider a cap that places a limit on how much can be paid out in a single year where aggregate payments to all retired partners in any one year are capped at 10 percent or less of distributable net income. Any obligations that cannot be paid in one year as a result of the cap would be rolled forward to the next year also subject to the same cap.

Unfunded plans can present problems down the road if they become unaffordable for the next generation of attorneys as they have to be funded out of future earnings. You should look into ways to fund your partner's retirements as much as possible through 401k and other retirements plans, life insurance policies (on each of the partners that can fund the buyout in the event of death or where paid up cash values can be used upon retirement to apply toward buyouts, and sinking funds (Rabbi Trusts, etc.) where funds have been set aside out of current earnings.

We all have been witnessing what is happening with governmental unfunded pension programs. The same thing is happening with law firms that have unfunded retirement programs as baby boomers are retiring in record numbers.

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John W. Olmstead, MBA, Ph.D, CMC

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