Law Practice Management Asked and Answered Blog

Category: Do

Sep 19, 2019

Do You Have “Stars” in Your Partner Ranks?

Question: 

Our firm is a second generation insurance defense firm in Bakersfield, California. We have fourteen lawyers, nine of which are partners. While all of the partners are great trial lawyers, work hard, and bill the required lawyers none of our partners are good at business development, leadership, or management. Our business comes from the client that we inherited. Any thoughts would be appreciated.

Response: 

Successful law firms need at least a few star partners in their ranks.

“People are our most important asset” is a standard phrase heard in business. A more accurate and honest statement in many industries might be” competent people are a necessary component of our success.” However, as important as the company’s people are, they are somewhat expendable. The reason is simple. In most businesses the company’s competitive advantage does not rely on the retention, motivation, and behavior of particular individuals. Instead, it turns on shelf space, brand strength, core position, distribution systems, price, technology, product design, location, or any number of other variables that can exist apart from individuals who created the product or service. So except in the long term, most companies profit does not necessarily correlate with their people assets.

This is not the case for law firms. A law firm’s success depends not just on its people assets but on stars. Who are an organization’s stars? They are the individuals who have the highest future value to the organization, the men and women critical jobs whose performance is central to the company success. In a law firm, if a star leaves, the firm and its clients notice the difference. If enough stars leave the firm’s financial performance suffers. In a law firm, partners for significant clients, practice areas and offices are its stars.

In law firms stars are typically partners, but not all partners are stars nor are all stars partners. What  what makes them law from stars is that they propel the business model along all three of its dimensions – building and enduring client relationships, performing up to their full potential in putting the firm first, and implementing strategic imperatives. Because they are so accomplished other members of the firm emulate their behavior.

You need to either develop or eventually recruit a few star partners that have the leadership, management, and client development skills that help the firm grow or stagnation will develop over time. I have seen make practices such as yours limp through second generation and dissolve in third generation.

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

Oct 31, 2018

What Law Firms Must Do to Remain Competitive in the Internet Age

Question: 

I am the managing partner of a twelve attorney family law firm in Kansas City, Missouri. We have been in practice going on thirty years. Over the last ten years we have shifted more of our advertising from print directories and advertising to the internet. Today virtually all of our work comes from the internet. While to some extent this has been a blessing it has also been a curse as we must continue to make investments in search engine optimization, update the website, pay to be included in online directories, etc. It is a vicious circle and we are losing business to new attorneys just starting out that are putting up first class websites and making online investments.  I would appreciate your thoughts.

Response: 

The internet as well as advances in information technology has and will continue to be the key driver forcing change in the legal marketplace as well as other segments and our daily lives as well. Shopping malls are disappearing from our communities and department stores are struggling for survival. Being the king of the hill or the biggest is not the strategic advantage that it once was. The internet is leveling the playing field in many industries as well as law firms.  There are new opportunities and new competitors. Consider the following:

1. Everything is being commoditized. More practice areas are moving down the value curve and prices are becoming more price sensitive.
2. Disintermediation of traditional delivery channels. The internet provides new access to information and is eliminating the middleman. It is impacting how we shop, bank, conduct business, and pay our credit cards and taxes. It is also impacting how clients locate and select lawyers and how legal services are delivered.
3. Our society is becoming – more and more – a DIY (Do it Yourself) nation.
4. Lawyers competitors are just a click away whether they be legal process outsourcing providers (LPO) in India, other lawyers in your state – but further away and servicing clients remotely, legal publishers, or online form providers.
5. New client opportunities for your may also be just a click away.

Challenges and Questions to Think About

1. How do you deal with commoditized transactions?
2. How do you tie yourself to your client in an online world?
3. How do you compete with new models and approaches to the delivery of legal services?
4. How do you compete with virtual law firms?
5. Would you consider adding a online delivery component to your traditional brick and mortar practice?
6. Should you consider other practice areas?
7. Should you consider expanding your geographical reach in areas where you are licensed and other areas by forming relationships with licensed attorneys in those areas.

Here are a few suggestions:

1. For your practice area you should continue what you are doing and maximize your online and electronic marketing investments.
2. Online reviews are becoming more and more important. Have a protocol in place that asks clients for reviews upon completion of their matter. Make it easy for them by providing them with appropriate online links.
3. Your website does not do enough to demonstrate expertise. I do not see any evidence of attorneys publishing any articles, serving on law related committees, or chairing such committees pertaining to family law. There are no testimonials from past clients or others on the website. Get your attorneys writing articles, get them published where you can, and get them posted to your website. Get testimonials from past clients and referral sources and post them to your website. Also get your attorneys involved in bar and other law related associations. Do more to build the brand of the firm and the individual attorneys. Many of my family law firm clients still receive a bulk of their business from past client referrals and referrals from other attorneys.
4. Consider satellite offices in some of the suburban communities in Missouri and Kansas. I have family law firm clients that have been quite successful with multiple offices – staffed and not staffed.

Even in the age of the internet expertise, professionalism, and reputation is important. Do all you can to convey this through your website and your initial communications with clients.

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

Sep 07, 2016

Law Firm Profitability – How Do I Know if We Have Enough Work for the Attorneys?

Question:

I am the owner of an eight attorney estate planning firm in Jacksonville, Florida. Our firm handles estate planning and estate administration. For this entire year our financial numbers are way down and I am getting concerned. For example, compared to last year:

• Our revenues are down by 30%
• Our expenses are lower.
• Net income is down by 30%

1. Take a look an your new matter intakes for the year – month by month.
2. Examine the referral and marketing sources as to where this business is coming from.
3. Prepare a open matter inventory report by attorney and matter type to get a count of the number of matters each attorney is handling
4. Examine billable hours, non-billable hours, collected working attorney fees and realization rates for each attorney.

• Attorneys simply not putting in the hours
• Attorneys have time management and timekeeping problems and need to improve these skills
• Attorneys do not have enough work.

Jun 28, 2016

Law Firm Succession – What to do When No One is Interested in Equity Ownership

Question:

I am the owner of a fourteen attorney insurance defense practice in Baltimore. I started the firm twenty years ago after leaving behind my partnership in another firm. Of the other thirteen attorneys there are four non-equity partners and the rest are associates. I am sixty three years old and beginning to think about retirement and how I am going to transition out of the practice. Two of the non-equity partners are well seasoned attorneys, have major case responsibility, and have developed solid relationship with clients. I have discussed equity partnership vaguely with two non-equity partners but their interests seem lackluster and they have been non-committal. I would appreciate your thoughts and advice on what my next steps should be.

Response:

It sounds like your non-equity partners are on the fence as a result of the "vague" nature of your discussions. It is hard for non-equity partners or associates to commit to equity and taking on the risk of ownership when they don't know what the deal is. This is a scary proposition for them and they need detailed information so they can evaluate and make an informed decision. A vague discussion doesn't cut it. I suggest that you put together an equity partnership proposal that includes:

1. Profit and loss statements for past the five years.
2. Balances sheets for the past five years.
3. A current accounts receivable and unbilled work in process report.
4. Tax returns for the past five years.
5. Malpractice insurance application.
6. Building and other leases.
7. Proposed Partnership Agreement
8. Proposed Equity Partner Compensation Plan
9. Planned date of admission
10. Governance and management plan
11. Ownership percentage being offered
12. Capital contribution or buy-in requirement

Mar 15, 2016

Law Firm Alternative Billing – What Do Clients Think

Question:

Our firm is a 18 attorney firm based in Tucson, Arizona. Our practice is a boutique general liability defense firm. Our clients tend to be self insured large corporations and smaller business firms. Currently all of clients are billed by the hour. Recently we have been discussing whether we should propose an alternative billing approach to our clients. We would be interested in your thoughts.

Response:

I do not want to discourage alternative billing – there are a lot of benefits that can be obtained – however I find that firms practicing your type of law and that have your type of clients that alternative is talked about more than actually implemented. You may find that your clients like the thought of the certainty of fixed fees but have concerns about the quality of representation under such arrangements. Recently, a litigation defense law firm asked me to interview their clients concerning their satisfaction with the law firm. When asking one general counsel about his thoughts regarding alternative billing he told me:

"My concern with fixed fee billing is that there might not be the financial incentive for the law firm to dedicate all the resources and best efforts to obtain the best results for our company. I prefer hourly billing with case management plans and budgets. I want our law firms to be financially successful as long as they achieve results for our company and not be penalized or constrained by fixed fee arrangements."

You may find that your clients are open to discussing alternative billing arrangements but may be hesitant when it comes to implementation. They are comfortable with hourly billing.

With this said I think you should explore the dialog with maybe one pilot client and see where the discussion leads. Insure that you do the proper analysis of that client's billing history, overall risks, and develop a fixed fee strategy that not only allows you to attain your desired billing rate but provides for a risk premium as well. Also build in ability to take exceptions for matters that fall outside the scope of the fixed fee arrangement.

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

Jan 06, 2016

Law Firm Managment – Do Your Non-Equity Partners and Associates Really Want to be Equity Partners?

Question:

I am a member of our firm's executive committee. We are an 18 attorney firm in Baltimore with four equity partners, five non equity partners, and nine associates. Recently we asked one of our non-equity partners to join the equity ranks and he said no. We were shocked and taken by surprise. Is this a common occurrence? We would like to hear your thoughts.

Response:

This is becoming a more common occurrence and this is causing havoc with growth, succession and transition plans. Many law firms are seeing a growing sense of disillusionment from young lawyers that may not want to be an equity partner. While they want to be lawyers they do not want to take the financial and other business risks nor make the other work commitments such as working nights, weekends, and the 24-hour commitment that has historically been the requirements for equity partners in law firms. Work-life balance has become a priority for more younger lawyers.

I believe that you should through performance reviews, survey questionnaires, and other tools gather information sooner than later to get a feel for where your non-equity partners and associates stand as far as attitudes toward business and financial risk, desirability of being an equity owner, and willingness to invest capital and time in the firm. This will give you a feel for your mix. If it looks like you have too many worker bees – revamp your recruiting strategy – new attorneys or laterals – accordingly and look for attorneys that have an interest and the mindset that it takes to be an equity owner.

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

Dec 08, 2015

Law Firm Merger – How Do Firms Handle Integration of Assets

Question:

I am the managing partner of our six attorney civil litigation firm in Lexington, Kentucky. We are in the early stages of merger discussions with a fourteen attorney firm in Lexington. My partners have asked me how other firms integrate their assets when the merger become effective.  We would appreciate your thoughts?

Response:

A variety of approaches are often taken in upstream mergers.

One approach is to transfer all of the assets and liabilities to the other firm and receive a credit to your capital accounts for the value of the contributed assets/liabilities with a check from the other firm if the value of the assets contributed exceed the required capital contribution based upon the ownership shares that you are being offered in the merged firm.

The more common approach that I see taken in upstream mergers is for the smaller firm to retain the firm cash accounts, accounts receivable, work in process, and sell the fixed assets (furniture and equipment) to the other firm for cash or receive a capital account credit for the value of the fixed assets contributed. If additional capital is required, each partner would write a check to the merged firm for their capital contributions. Your existing firm would be responsible billing out old work in process and collecting old receivables and when the income is received these funds would be deposited in your existing bank accounts and entered in your old books. You firm would also be responsible for accounts payable and other liabilities that exit prior to the merger.

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

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