Law Practice Management Asked and Answered Blog

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Jan 29, 2013

Cash Flow in a Contingency Fee Law Firm: Re-Balancing Your Case Portfolio

Question:

I am sole owner of a law firm in Western Kentucky. My practice consists of myself, a legal assistant, a part-time bookkeeper, and a part-time contract attorney. The practice is limited to employment law – both plaintiff and defense side. Approximately 80% of my business is contingency fee and 20% is time-billed and or retainer. While the practice has done okay over the past fifteen or so years worrying about paying bills (cash flow) is a constant source of stress for me and my family. I do no marketing – all of my business comes from lawyer referrals. Do you have any suggestions?

Response:

Cash flow has always been a challenge for contingency fee practices. However, times are getting harder. For personal injury plaintiff firms insurance companies are refusing to settle cases, stretching out timelines for settling cases that they do settle, paying less, and becoming even harder to deal with. Other contingency fee practices are also facing similar challenges and everyone is finding it harder to find adequate lines of credit. Many firms that were once 100% contingency fee practices are looking for ways to improve cash flow implementing different fee arrangements or by adding non-contingency fee practice areas.

I suggest that you evaluate ways that you might re-balance your case portfolio to say 60% contingency/time-bill mix. You might consider:

  1. Billing and collecting up front for all client costs even if the fee is contingent.
  2. Flat fee paid up front for a certain segment or phase of work – then contingency fees for the rest of the work.
  3. Actively marketing and targeting certain small business firms, establishing relationship, and seeking out defense employment work billed on a time-bill basis.
  4. Adding a different practice area that would not be billed on a contingency fee basis.
  5. Bring in a another attorney with a book of business in a complimentary non-contingency fee practice area.

Review your case pipeline report and your work habits to insure that you are putting the right effort and mix into the cases that you have so that when your time bill matters come up for billing at the end of the month – all can be billed.

Good luck!

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

Jan 22, 2013

Lawyer and Client Referrals as a Law Firm’s Sole Marketing Strategy

Question:

I am the co-founder of an estate planning firm in Chicago. We have two associate attorneys, myself and my partner, and 6 support staff members. Our practice is limited to estate planning, estate administration, and elder law. Our marketing consists totally of referrals from other attorneys, past clients, and other referral sources. We believe that we have a successful practice with revenues consistently exceeding $1.8 million per year. We spend very little on business development and marketing. Should we be doing more?

Response:

If you have a good website, e-newsletter, and are meeting your revenue and growth goals you may not need to invest any more in marketing and business development. You have been blessed with the referral sources that you have and you should be grateful. However, don't take them for granted – continue to nurture them and give first class service to the clients that they refer to you. Your primary marketing investments should be designed to nurture and enhance these and future referral relationships.

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

Jan 15, 2013

Law Firm Owner Considering Bringing in a Partner

Question:

I am the sole owner of a law firm in Tucson, Arizona. I have 7 associates working for the firm. I have one very senior level associate that I want to consider for partnership. I want to do this to keep him interested (he has been approached by other firms) and I envision him being a cornerstone of my succession plan – 10 years out. How should I start the process with him?

Response:

It sounds like you have found the person – or whom you believe is the right person for partnership. However, just because he has been a good associate does not mean that he will be a good partner – the relationship will be different. But at least he is somewhat of a known quantity since you know him and have worked with him for several years.

Here are a few ideas of where you might start:

  1. Outline you goals and expectations for the relationship.
  2. Meet with your associate and identify his goals and expectations for the relationship.
  3. Determine how much control over the practice and decision-making are you willing to give up? Share?
  4. Determine how much and for how long you are willing to make less?
  5. Determine if the associate will be expected to bring in business? When/Timeline?
  6. Think about the firm you want to build – firm-first or lone ranger (team based or individual practices)?
  7. Decide on firm name – will it change? Should it? Impact on image, clients, etc.
  8. Decision as to capital contribution or buy-in? Yes or No? How much? Timeline for payment?
  9. Ownership percentages
  10. Voting
  11. Compensation
  12. Withdrawal arrangements

Once you can come to terms with some of the above issues craft a suitable partnership or operating agreement that you can both live with.

Good luck!

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

Jan 08, 2013

Focusing the Law Firm To Improve Profitability

Question:

Our firm is a 9 attorney firm in Joplin, Missouri. We have our first partner meeting this weekend and we are looking for ideas that we can implement this year to improve our practice and profitability. We would appreciate any ideas that you may have?

Response:

Based upon our experience from client engagements I have concluded that lack of focus and accountability is one of the major problems facing law firms. Often the problem is too many ideas, alternatives, and options. The result often is no action at all or actions that fail to distinguish firms from their competitors and provide them with a sustained competitive advantage. Ideas, recommendations, suggestions, etc. are of no value unless implemented.

I suggest the following:

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

 

Jan 01, 2013

Law Firm Lawyer Laterals: Best Practices for Evaluating Lateral Hires

Question:

I am the chair of our firm's executive committee. Our firm – located in downtown Columbus, Ohio – has 20 attorneys. In an effort to expand our practice and talent base as well as our geographic reach we are currently considering a seasoned lateral. We have a person in mind that currently works for a very large law firm. What suggestions do you have concerning starting the discussion and process?

Response:

Initially consider and decide upon the actual goals and objectives that you hope to achieve by bringing in the lateral and your particular requirements and specifications for the candidate. Start by focusing on the person – then move to the other areas that must be considered. It is critical that you get the right person on the bus.

Here are a few ideas to help you get started:

  1. Do some research on the law firm that the candidate is with now in order to understand the culture and environment in which he/she has been working, potential conflicts, referral issues, etc.
  2. What are the reasons that he/she is considering leaving the firm?
  3. Candidates experience and professional history.
  4. What practice area does he/she work? Clients served?
  5. Can the candidate bring clients?
  6. In the candidate's practice compatible with your practice and needs?
  7. Assemble a candidate financial profile – billings and collections past five years – working, originating, and billing attorney figures, realization, write-offs, etc. (If you can't get financials get what you can – at least get tax returns of candidate to determine what he/she has been making.
  8. Access financial health of client portfolio, if clients will be coming along with the candidate.
  9. Determine if a level of synergism will result as a result of the arrangement.
  10. Does a deal make business sense?

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

Dec 18, 2012

Law Firm Start-Up – First Steps

Question:

I am a non-equity partner in a large law firm in LA. I have been practicing for 15 years and with the recent economic turmoil we have experienced in our firm, downsizing, and overall uncertainty I have recently been considering starting my own firm. What are initial steps in starting up a law firm?

Response:

While there is an entire list of start-up steps that need to be taken when launching a law firm here are a few to get you started and the order to be taken:

  1. Create a business plan – even if only a few pages – for the firm. Your plan will serve as a roadmap for your practice. Your mission should address what services you are selling, where you are selling them, and to whom. Your plan should address your competitive strategy – how you will be different than your competitors. It should also identify your core values. A vision for 5 years out into the future as to where you would like to see the firm and specific goals and objectives should be formulated.
  2. Select your firm name. Think long and hard about your firm name. What name will have staying power as you grow? Will it play well with internet search engines? Can you get your firm name as a internet domain name? Determine organizational form and incorporate into firm name and branding.
  3. Staffing. Determine whether you will hire staff initially and your staffing needs going forward. Incorporate into your office space, furniture and furnishings, and equipment needs.
  4. Office. Decide on office space, negotiate your lease, and obtain your business address. Commence on the process to make space ready and furnish and equip.
  5. Business Identity. Hire a graphic design firm to begin the design of your business identity and carry this design plan into all of your collateral marketing materials including web site, letterhead, office signage, business cards, etc.
  6. Banking and Registrations. Obtain FEIN number(s), register business with required organizations, file organizational documents, open bank accounts.
  7. Website. Develop a first class web site that demonstrates expertise.
  8. Furnishings and Equipment. Begin selecting office furniture and furniture as well as equipment, computers, software, etc.
  9. Insurance. Obtain all needed insurance including premises liability, malpractice insurance, medical, life, workers compensation, disability, etc. Insure that you obtain appropriate tail coverage with your malpractice insurance.
  10. Start-Up Project Plan. Maintain a project plan for all of the activities and tasks and monitor weekly as the plan unfolds.

Good luck on your journey!

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

Dec 11, 2012

Law Firm Management – Planning Ideas for 2013

Question:

Our 16 attorney firm is having our first planning retreat next week to plan for 2013. I have been charged with putting together the agenda and program. Do you have any suggestions that we as a firm might consider or think about adopting? 

Response:

  1. Take a serious look at the firm's present position in the marketplace. Review financials, compare against financial ratios, compare with both firm past history and against law firm benchmarks. Examine how well the firm is competing. Is the firm too dependent on a narrow base of clients? Is the practice at risk? Conduct a client survey and obtain client feedback both on firm performance as well as possible unmet needs and opportunities. Consider a comprehensive management review.
  2. Formulate business goals and develop a strategic business plan as a roadmap for the future. Design and simplify business reports designed to measure the goals identified in the strategic business plan. Strive for a one page summary as the primary report.
  3. Require all timekeepers in the firm to submit personal one page business plans which in addition to outlining goals for the year provided fee revenue goals with an element of stretch. The goals should have a stretch component but yet be realistic and attainable. These plans should be approved by the Executive Committee, Managing Partner or the Partnership.
  4. Find ways to focus the firm and foster accountability from all.
  5. Undertake a few projects at a time that can be realistically accomplished. Delegate tasks across the firm.
  6. Law firms must adopt management structures that enables the firm to act decisively and quickly. Structures that do not support such a culture must be replaced.

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

Dec 04, 2012

Ideas For Law Firms Desiring to Take On More Contingency Fee Work

Question:

Our firm is a 18 lawyer general practice firm in the western Chicago suburbs. Recently, we are beginning to take on more personal injury cases on a contingency fee work which is creating some cash flow strain. Do you have suggestions regarding firms doing contingency fee work?

Response:

Contingency-fee work can pose major risks for law firms, as they earn no fees if they lose those cases and sometimes have profits deferred in protracted litigation. In addition, cases can be lost with no fee whatsoever recevied. Whether your firm is considering "big deal" litigation or bread and butter run of the mill personal injury litigation you may want to consider the following:

  1. Don't dabble in contingency fee work. Take it seriously and insure that your case portfolio is adequately diversified.
  2. Reduce case portfolio risk and improve case profitability by implementing a sound case intake system to insure that you are selecting quality cases.
  3. Realize that you have to spend money to make money and that you simply may not have the financial resources to take on certain cases. Learn how to say no and when to refer these cases out to others.
  4. Insure that you have an adequate portfolio of cases (number of cases, size and type) to insure diversification and manage risk.
  5. Analyze the profitability and return on each case and ascertain what can be done differently on future cases. Typical metrics include effective rate and/or LODESTAR.

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

Nov 27, 2012

Law Firm Financial Improvement Plan for 2013

Question:

Our 17 attorney firm has had less than stellar revenues and profitability for the last several years. Our billing and realization rates are in line, we have a good mix of partners and associates, we have managed our expenses effectively, and our accounts receivable are at satisfactory levels. The culprit is utilization – billable hours. Partner annual billable hours are around 1100 hours and associate billable hours are around 1300.  Everyone seems to be working hard. I would be interested in your thoughts?

Response:

Sounds like you have given the RULES (rates/realization, utilization, leverage, expenses, and speed/collection) formula careful thought and analysis. I agree that you have a problem with utilization. General guidelines for partners and associates for annual billable hours are in the 1700 range with litigation firms being much higher and smaller general practice firms being lower – sometimes in the 1500 range. However, 1100/1300 billable hours is a problem and should be looked into to determine the exact nature of the cause. Causes could be any one or a combination of the following:

  1. Insufficient work – lack of business
  2. Poor work ethic – not working hard enough
  3. Poor time management habits – lack of focus, goals, plan
  4. Poor time keeping habits – not recording the time and getting it captured in the system

Each attorney in the firm may have different problem areas. For some it may be they need to work harder. Set expectations and enforce them. Others may need more work and if work is not available their non-billable time should be focused on marketing and other firm building efforts. For those that have time management and or time keeping problems training/skill development should be provided.

Suggest you conduct a review and discussion with each attorney in the firm to identify causes and engineer an agreed to plan with each to work on appropriate problem areas. If habits need to be changed – be patient – changes in habits take practice and time.

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

Nov 13, 2012

Law Firm Succession: Approaching 70 – What Now

Question:

We are a two lawyer firm in New Orleans. We are both partners in the firm. We have 5 staff members. My partner is 68 and I am 63. Recently, we have starting thinking about what we are going to do with the practice in the next few years and we aren't sure where to start. Do you have any thoughts along these lines?

Response:

You will need to consider whether you should consider merger, sale of the practice to an outside buyer, or sale of the firm to the other lawyers in the firm that you bring in and grow over the next few years. You need to find ways to institutionize the firm so that in additional to professional goodwill (your personal reputation and goodwill) you develop practice goodwill (goodwill of the firm that will remain after you have left the firm). If you bring in other lawyers develop them and create a desire and motivation for them to want to be owners/partners in the firm. Develop your staff and practice systems. Diversify and stabilize your client base.

If you decide to sell to attorneys in the firm – begin the process early so that most of the buy-in is completed before your actually leave the firm. The longer the planning horizon – the easier they buy-in burden will be for others.

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

 

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