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.
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.
John W. Olmstead, MBA, Ph.D, CMC
I am a solo practitioner in Orlando, Florida with two secretaries and I am planning on merging my practice with another attorney in the same office location. He has three staff members. We have both been on our own for twenty years and have enjoyed our independence. We have decided that we want to setup an eat-what-you kill type of compensation sytem. We would appreciate your thoughts.
While I am not found of such systems as they lead to separate silos – separate firms within a firm - there are situations where they are appropriate. In some situations, the approach is to simply allocate revenue and use the percentage of fee revenue collected to determine a partners interest in the profit for the year. A determination must be made as to what the firm means by revenue collected for each attorney – working attorney allocated dollars, originated attorney dollars, or responsible attorney dollars, or a weighting of all of these. This only works if each consumes overhead at the same level.
If you are not consuming overhead at the same level some form of cost allocation must be made and included in the mix. Direct overhead items such as bar dues, auto expenses, CLE seminars, etc. could be allocated directly to each partner with each sharing equally in the rest of the indirect overhead. Then a net figure would be calculated to determine each partner's compensation based upon their share of the profit.
If you want to really get detailed your can setup a separate profit center for each of you in your accounting system, allocate all revenue and expenses using an agreed to allocation formula, Click here for sample allocation guidelines and then have the ability of generating a separate profit and loss statement for each of you. If you are using QuickBooks Pro you can setup classes to accomplish this. Your compensation would be the profit from your profit and loss statement.
Good luck with your merger.
John W. Olmstead, MBA, Ph.D, CMC