Law Practice Management Asked and Answered Blog

Category: Law firm strategy

Sep 03, 2013

Successful Law Firms – What Are They Doing Right?

Question:

Our firm is a 12 attorney firm in Dallas. Our practice areas are business transaction and litigation. We also have an active energy practice. The past two years have been difficult for us financially. What are some of the successful firms doing right?

Response:

In spite of the recent economic woes many small firms have still done well. Many of these firms were those that:

• Were focused
• Had a sense of where they were and where they were heading
• Had a vision and a strategy
• Had business and financial plans
• Had goals and measured attainment
• Fostered accountability from self and others
• Were proactive
• Worked the books and managed the RULES (Rate, Utilization, Leverage, Expense Control, Collection Speed)

I believe that law firms that fail to focus their practices, set goals, measure accomplishments, and foster accountability will fall short and not meet their financial objectives. Law firms that fail to plan are planning to fail.

Law firms as well as solo practices need to begin focusing their firms and practices, setting firm and individual production goals, measure accomplishment and implementing systems to instill accountability from all members of the team – attorneys and staff alike.

What gets measured is what gets done.

Click here for our blog on law firm strategy

Click here for my article on business planning

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

Apr 10, 2012

Using Competitive Intelligence to Support Law Firm Strategy

Mar 07, 2012

Growing a Law Firm: Issues to Think About

Question:

Our practice is located in Memphis. We have three attorneys, 3 paralegals, and two staff members. We will generate $1,500,000 in legal fees this year. We plan on growing the firm and hope break the $2.5 million barrier in three years. We have a very proactive marketing plan and program. What else do we need to think about?

Response:

Growth will involve more the marketing and getting more clients. Particularly a firm your size. To generate this revenue you will have to add several revenue producers which could almost double your size. Your will become a different firm. Instead of three attorneys – you may have six or seven unless your growth will occur by adding mostly paralegals. Even so, there will be more people. This will impact your physical facilities and physical plant, your systems, your IT infrastructure, approach to talent management, and how the firm is managed. Growth requires investment and puts strain on cash flow. So this needs to be planned for. If you don't have a strategic plan (see our blog under strategy section) I suggest that your consider developing one. A strategic plan will require you to think beyond the marketing plan and getting clients – and address all of the other issues that will impact the firm as you grow.

Click here for our blog on law firm strategy

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

Jul 12, 2011

Expanding Law Practice into Insurance Defense

Question:

I am an 11-year attorney practicing at a small firm on the west coast. We currently focus on business litigation, employment litigation, corporate formation, bankruptcy, wills and trusts, and personal injury. We are trying to expand our practice into the area of insurance defense.  To that end, I have been sending out correspondence to insurance companies offering my services in defense of general liability, property/casualty, and employment practices claims.  My goal would be to develop a regular stream of business from these types of cases, and to cross-market our other services to clients that come through insurance defense referrals. I am not sure if I am going about this the right way, and would like to seek your counsel.

Response:

In all honesty I  have more firms asking how to diversify out of insurance defense into more self-insured and direct representation work. If you want to pursue this market you will need to become part of the club and do more than just dabble in this area. You will have to get on the "approved lists" of the various insurance companies. Once you are on these lists you have to entice claims manager to use you as opposed to other law firms that are on their approved lists. In other words establish relationships with numerous claims manager throughout the company. This is harder than it used to be due to policies that many companies now have prohibiting various forms of networking such as dinners, gifts, ball games, etc. Now days it seems that educational venues is one of the few formats that is not frowned upon. You may also find that some companies reluctant to work with a firm your size. I have advise by insurance companies that they like to see a certain level of bench strength (backup). The firm does not have to be a large firm but often the insurance company likes to see a minimum of four or five lawyers in a firm. You will have to have a track record of success, understand the business, and be able to accomodate the unique billing (including electronic LEDES billing), case management, and reporting requirements that insurance companies require.

Here are a few ideas to get started:

1. Become involved in every possible organization that involves insurance claims, ACCA, and other such groups.
2. Join and become actively involved in these groups.
3. Ofter to give speeches and presentations to these groups.
4. Develop relationships with news reports and have an effective public program that insures that you get all the PR you can when you have successful outcomes in your cases.
5. Speak at ACCA and RIMS (Risk Insurance Management Society) conferences.
6. Form alliances with bigger regional and national insurance defense firms.
7. Research target companies and make application to get on their approved lists.
8. Obtain listings in Best and Martindale.
9. Have a quality website that demonstrates expertise and a e-newsletter that provides information that will help claims managers and adjuster be more successful.

Good luck on your journey.

Click here for our blog on strategy

Click here for our article on insurance defense practice strategies

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

May 11, 2011

Using Legal Project Management to Improve Law Firm Profitability

Question:

I am the managing partner of our firm of 17 attorneys. Our practice is concentrated in insurance defense litigation. In an effort to provide the best services possible and differentiate ourselves we have been discussing whether we should implement a project management system. I have been reading more lately about legal project management and hearing more about it. Do you have any thoughts along this line?

Response:

Legal project management has become the hot topic of late and we are seeing articles, workshops, and seminars on the topic. Over the years project management has evolved into its own discipline with its own jargon, tools,  methodologies, software, etc. Project management as a discipline can become quite technical and complex. Many of the techniques such as PERT and CPM came from the department of defense and were initially utilized to manage projects such as the Polaris Submarine and space projects. The construction industry makes extensive use of project management techniques.

Considering that a legal matter is a project, particularly a large litigation matter, with many moving parts there has been a push by clients and an effort by law firms to look for ways to improve the management of matters and related resources, costs, timelines, etc. and to improve and streamline the overall process. Legal Project Management is a customized approach to matter management borrowing and applying some of the principles of project management and incorporating into a simpler and leaner model. Numerous workshops, training seminars, and publications are being offered on the topic.

The Hildebrandt Instute if offering a workshop in Chicago on June 21-22, 2011. Here is a link to more information on the workshop.  Here is a link to more information on the workshop. Ark Group also has a new publication out called – Project Management for Lawyers as well. Another good book, which can be ordered from Amazon, is Legal Project Management: Control Costs, Meet Schedules, Manage Risks, and Maintain Sanity, by Steven Levy.

As more clients push for improved processes and outcomes in the area of matter management and force various forms of fixed-pricing – law firms will find they need to utilize more sophisticated tools to ascertain matter risks, price services, and manage matters.

So I suggest you at least begin to evaluate some of the tools and approaches being used and get educated on them. However, be careful of getting into overly complex approaches and methods that are simply trying to push generic project management for it's own sake.

 Click here for our blog on law firm strategy 

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

May 03, 2011

Law Firm Strategy: Where to Start

Question:  I am the Executive Director of a 75 attorney firm in Miami. We are meeting in a few months to revise our strategic plan. Some of our partners have suggested that as a result of the current business and economic climate that we start with a clean sheet of paper. Where should we start? What do you see as the key questions that we should be addressing?

Response:

Strategic planning is essentially a five step process. The first step begins be asking questions. Start by asking the following questions:

1. What substantive issues does the firm face today?
2. What issues will the firm face tomorrow?
3. How has technology impacted (or will impact) how the firm conducts business and delivers services to clients?
4. What are we doing and doing well?
5. What are we not doing well?
6. What do we need to improve or enhance?
7. What metrics will tell us how we are doing?
8. What should be eliminated?
9. What are we not doing that we should be doing?
10. What kind of training will we need to plan for?
11. What demands are clients likely to make?
12. What opportunities are we missing?
13. What mistakes have been made recently by other law firms? Failed firms? Dissolved firms?
14. What resources are we wasting by defending the past?
15. What wheels have already been invented?
16. How would we define our existing culture?
17. What might our culture become?
18. What makes us unique?
19. What potential profitable areas (practice areas) are we overlooking?
20. What are we doing to encourage creativity?
21. What kind of uniqueness will we need in the future?
22. What can we do to shape future outcomes?
23. What do we want to be known for?
24. What will future clients want?
25. What is our existing vision?
26. What form will future competitors take?
27. What market trends should be we be paying attention to?
28. What is our competitive edge?
29. How can we expand our markets?
30. What are our priorities?
31. What are our values?

So take your time – remember strategic planning is a process – not a one-time event. The process is as important as the final plan itself. Don't try to get it done in a day or over a weekend. Rome was not built in a day. 

Click here for our blog on law firm strategy 

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

Feb 23, 2011

Times are Tough – How Are Other Small Firms Doing?

Question:

I am a partner in an 8 attorney firm in the Chicago suburbs. Our firm has started having discussions about what we need to be doing differently. This is huge for us – one meeting a year is our typical meeting frequency and then only to discuss how we are going to cut the pie. How have other firms done during the recession? What are you seeing?

Response:

In general small firms in the midwest have fared pretty well during the recession. Last year some firms had the best year ever while others experienced flat or 10% revenue declines. Small firms that had the biggest problems were those that had issues before the recession or were in problem practice areas. Big law firms have had to face unique challenges.

Small firms that have weathered the storm and fared the best were those that:

• Were focused
• Had a sense of where they were and where they were heading
• Had a vision and a strategy
• Had business and financial plans
• Had goals and measured attainment
• Fostered accountability from self and others
• Were proactive
• Worked the books and managed the RULES (Rate, Utilization, Leverage, Expense Control, Collection Speed)

I believe that law firms that fail to focus their practices, set goals, measure accomplishments, and foster accountability will fall short and not meet their financial objectives. Law firms that fail to plan are planning to fail.

Law firms as well as solo practices need to begin focusing their firms and practices, setting firm and individual production goals, measure accomplishment and implementing systems to instill accountability from all members of the team – attorneys and staff alike.

Consider using budgeting which is a tool that can be used to measure goal attainment and how well the firm is doing.

What gets measured is what gets done.

Click here for our blog on law firm strategy

Click here for my article on creating strategic (business) plans.

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

Jan 18, 2011

Law Firm Profit Improvement

Question:

Our firm is in its second generation. While we are proud that we have been in business for over 60 years we also believe we need to re-examine our practice and embrace changes that may be needed for the firm to move forward and remain competitive. We are a 16 attorney firm located in Wisconsin. We have 12 partners and four associates.

Response:

More and more law firms are re-examining their business models and approaches and running the practice as a business. You may want to begin by conducting a management review or audit to determine where the firm is presently and where the firm needs to head in the future. 

Start by Asking the Following Questions:

1. Are firm members frustrated with the amount of money they are making and taking home?
2. Are firm members unsure whether the firm is competitive with other law firms?
3. Is the firm taking advantage of some of the management “Best Practices” being used by successful law firms and possibly your competitors?
4. Are firm members concerned about getting a handle on and controlling the financial aspects of the firm?
5. Are firm members uncertain about the future and long-term direction of your firm?
6. Are firm members frustrated with the lack of accountability of other attorneys and staff?
7. Is everyone effectively managing their time?
8. Are members concerned about the firm getting and keeping clients?
9. Are members concerned about work-life balance?
10. Are members concerned about the succession and exit of key partners?

I suggest that you conduct a practice management review that will provide you with a clear assessment of the firm’s practices and performance and outline a plan for implementing “Best Practices”. The assessment should focus on:

• Firm Image -Client and Peer Perceptions
• Long Range Plans and Business Strategy
• Marketing, Business Development & Client Relations
• Firm Government & Structure
• Compensation
• Staffing
• Business Process and Operations
• Financial Performance and Management
• Human Resources
• Administration
• Deployment of Technology

Click here for our blog on profit improvement and other topics

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

Oct 19, 2010

Law Firm Year End Planning Retreat

Question:

Our firm is a 25 attorney IP law firm located in Washington D.C. Metro area. We are planning our year end firm retreat to plan for next year. This will be our third retreat. While we believe we have achieved some positive results from the last three retreats – we believe that we need to accomplish much more. What are your ideas or thoughts on the matter?

Response: 

We find that many law firms try to use their retreats to be an extended version of their regular partnership meetings. They simply try to do too much. The agendas are loaded down with far too many topics. As a result there is a lot of debate and discussion on often day-to-day operational items and no focus on the more complex-strategic issues that often have been ignored or pushed under the rug.

This year try to do less and achieve more! Consider narrowing down the topic agenda and focusing on one of the following areas of concentration: 

• Solving problems.
• Evaluating internal procedures.
• Designing long range plans.
• Formulating marketing plans.
• Determining where the firm is and where it is going.
• Practice Expansion and Diversification.
• Partner Compensation.
• Competition
• Innovative and New Business Models

Concentrate on an area and come out of your retreat with specific action plans which can be implemented and put in place.

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

Oct 06, 2010

Characteristics of Successful Law Firms – Basic Building Blocks – Block 7 – Marketing

For the past six weeks I have been discussing the characteristics of successful law firms and introduced the following basic building blocks that successful firms typically have in place:

• Partner Relations
• Leadership
• Firm Management
• Partner Compensation
• Planning
• Client Service
• Marketing

Partner relations, leadership, management, partner compensation, planning, and client service blocks have been discussed. 

The seventh and final basic building block is marketing. Successful firms have an effective marketing infrastructure and program in place.  

Gone are the days when attorneys simply practiced law. Today, they face increased competition, shrinking demand for services and increasing supply of professional talent, availability of service substitutes, and marketing of professional services. Marketing can no longer be ignored if small law practices are to survive in the future.

Based upon our observations working with client law firms over the past twenty six years we have concluded that marketing is poorly understood and ineffectively implemented in many small law firms. In addition, the following obstacles are at play:

Time – There is no time for marketing or any firm developmental activities. Production is king and non-billable activities such as marketing are discouraged.

Uneasiness With Marketing – Attorneys are uncomfortable with marketing. This is primarily due to lack of understanding, training, and experience with the process.

Lack of Marketing Understanding – Many attorneys confuse marketing with advertising. Marketing is not advertising. Marketing activities can exist without any promotional components such as television advertisements, radio spots, tombstone magazine advertisements, or direct mail. Marketing is the broader process concerned with the development and delivery of legal services and is part of the firm's long range planning process. It provides answers to the questions what are we selling and to whom are we selling. It involves maintaining relationships with existing clients as well as creating new relationships with prospective clients. In fact, a major objective of many successful marketing plans is obtain additional business from existing clients.

Focus and Accountability Problems – Frequently law firms experiment with marketing and engage in isolated promotional activities not integrated with the firm's business plan with the expectation of immediate results after the one-shot activity. The firm engages in fits-and-start activities that are completely unfocused, unrelated to an overall plan, unmeasured, inconsistent and often inappropriate.

Cultural Issues – The typical culture of many law firms discourages investment in long-term developmental activities. The focus is on billable hours and production. Everything else is of secondary concern. The consensus governance model typical in law firms hinders change and timely decision-making at the firm level. In addition, effective marketing in law firms requires marketing at the firm, practice group, and individual attorney levels. This requires effective training, mentoring, follow-up, and accountability at each of these levels.

Reward and Compensation Systems – RMost reward and compensation systems focus on short-term production and discourage participation in longer term (non-billable) firm investment activities or projects.

Click here to read one of my articles on marketing

Click here to read my blog postings on marketing

I hope you have enjoyed the series. Next week I will resume posting questions and answers received from law firms. 

John W. Olmstead, MBA, Ph.D, CMC
www.olmsteadassoc.com

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