Author Archives: Administrator

Rising expenses and uncertain economy cause firms to re-evaluate staffing

As the economy struggles to resurrect growth after a prolonged downturn, law firms are also feeling the pinch, as noted in the most recent Peer Monitor index. According to the third quarter report:

While rates strengthened slightly, demand growth weakened. Most significantly, the rise in expenses continues to accelerate. In the third quarter, increases in expenses ran well ahead of slowing revenue growth, sharply curtailing profitability.

The recent trend in increased expenses reflects a slow-down in the cost cutting we’ve seen in recent years, which was largely the lever that raised law firm profitability (or at least kept it from suffering too drastic of a decline) in many firms. Indeed, a significant portion of those expenses involve compensation for legal and administrative staff. The chart displayed here shows the dramatic difference between third quarter 2010 and this past quarter on the direction of key expense items. Compensation and benefits, which together contribute nearly 45% of total overhead expenses, have reversed sharply, nearly wiping out savings from last year.

There is much debate about whether and how much demand is likely to rebound in the coming years. We believe it will rise, but is unlikely to return to the go-go times prior to 2008, at least in the foreseeable future. Without significant growth in the market, in order to continue to increase profitability, firms can either augment their share of the market and/or look for ways to become more efficient. On the second point, many firms have already tackled the low hanging fruit in the form of removing some of the “fat” that tends to accumulate in any successful organization during good times. Going forward, firms will likely need to become more creative about improving the leanness of their business. Are firms now at the point of being forced to rethink the structure of their legal staff and administrative support, instead of merely making it smaller?

To take the pulse of the staffing structure in large law firms, we have just launched the third annual Peer Monitor Staffing Ratio Report. Contact Elizabeth Lilleboe to learn more and find out how your firm compares with the market on these critical issues.

Posted by Lisa Rohrer

Rising Expenses, Sluggish Demand Lower PMI in Third Quarter

By Mark Medice

HILDEBRANDT INSTITUTE’S PEER MONITOR INDEX (PMI), a composite index score representing the quarter‐over‐quarter change in drivers of law firm profitability, broke a string of three consecutive upward quarters by falling 6 points to 56 in the third quarter.

The legal market continues to grow, but at a sluggish pace. Growth in demand for legal services slowed to 0.8%, its weakest reading so far this year.  Rates strengthened slightly, up 3.5% compared with the same period a year ago.

For a breakdown of changes in major factors influencing law firm performance, including rates, demand, productivity and expenses, please read our full, detailed report.

Rising expenses are a worrisome trend PMI is closely tracking this year.  Following widespread cost reductions by firms in 2009 and 2010, expense growth turned positive early this year. But in 2011, costs have steadily accelerated to the point where they now easily outpace both demand and rate growth, thus impacting profitability.

Costs – both direct and overhead – rose significantly in the third quarter. Direct expenses jumped 5.1%, while overhead expenses were up 3.2%. Both increases were the highest seen in more than two years.

Attorney hiring is one contributing factor, and in the third quarter headcount increased 2.4%, reaching a high for the year.   The attorney replenishment ratio has risen to 1.3 for the overall attorney population, indicating a ratio of 1.3 new hires per departure – its highest level in more than three years – as new hires are now easily exceeding retirements, layoffs and other departures.

Until recently, firms had generally been doing a good job of balancing expenses against slowly growing demand. But firms have stepped up their hiring in recent months in a modest return to traditional seasonal hiring patterns, while demand has slowed as the year has progressed. The gap between law firm capacity and available work is widening. Whether this trend persists will depend on the performance of the broader economy and if we see continued recovery in litigation and transactional work. Firms will have to tread a fine line between their desire to add additional lawyers against an uncertain demand picture.

Overhead expenses are also rising as firms are unable to continue putting off certain investments in technology and other strategic areas. With expenses growing and the economy facing continuing headwinds, achieving meaningful top line growth will be crucial for success in the coming year. Growth may be elusive, but firms following market trends closely and adopting a strong strategic focus will be better positioned to capture market share.

For further discussion on how advanced market analytics can help drive successful firm strategies, or to learn more about Peer Monitor, contact elizabeth.lilleboe@thomsonreuters.com.

No Lawyer is an Island

For better or for worse, law firms tend to place a premium on individual contributions. Many compensation systems, for instance, reward partners based on origination credits and personal productivity. Clients say they “hire the lawyer, not the firm.” And top rainmakers are kept happy so that they do not jump to competitors. There are still many firms that remain largely a collection of individual practitioners, where true collaboration and teamwork are relatively rare.

But although the focus is typically on individuals, research shows that success in professional services is rarely the sole function of individual effort and brilliance. While there has been little systematic research in law firms, research out of Harvard shows that for another type of professional, investment analysts, performance of star analysts tends to deteriorate when they change firms. Why? Authors Boris Groysberg, Ashish Nanda and Nitin Nohria conclude that context matters.  Context is everything surrounding a professional, from organizational systems and procedures to co-workers. And yet rainmakers and the firms where they work tend to underestimate the importance of these elements.

According to Groysberg, Nanda and Nohria:

Although many companies have ample resources, good systems, and smart people, executives and professionals often forget that every organization works a little differently. The informal systems through which executives find information and get work done are unique to each company. When stars join new organizations, they must learn about the informal networks and build trust with other people before the systems will work for them. However, stars don’t give themselves enough time to get up to speed in new settings because of their egos. They also invest in skills they can use across different companies and don’t care about developing their firm-specific knowledge because companies treat them as free agents.

So even though firms pay big to bring on successful players, in many cases performance actually deteriorates because the star is dealing with different systems and co-workers. In other words, according to these authors, performance is simply not automatically portable from one firm to another.

Importantly, the negative effects on performance can be mitigated when rainmakers move together in teams. So by bringing colleagues with them, rainmakers can often replicate enough of the context of their success to continue to outperform.

More recently, Christopher Rider, a professor at Goizueta Business School at Emory University, showed that rainmakers aren’t the only ones who benefit from colleagues. In studying law firm dissolutions, Rider found that lawyers can leverage relationships with past co-workers to land jobs in new firms. Studying six recent law firm dissolutions, Rider’s research demonstrates that lawyers were more likely to get new jobs in firms where former co-workers had landed – and this finding holds true for partners and associates. These connections were more critical than another type of important connection, law firm alumni networks. The greater influence of work over school ties further indicates that colleagues (and context) are an important component of career success.

Taken together, the research suggests that the bonds between co-workers can be a significant and under-recognized tool for career success among attorneys, whether or not you’re a rainmaker, and regardless of career stage. The people who work in the office next door and the lawyers you meet at the water-cooler are not just people with whom you exchange observations about the weather and the commute– they can provide much deeper benefits to your career. Law firm leaders who recognize that their firms are not simply a collection of isolated individual practitioners may find more success in hiring, integrating, and retaining lateral hires – a process that has traditionally been fraught with risk and uncertainty.

Posted by Lisa Rohrer

Guest Post: Attorneys complete 4.45 million hours of pro bono service in 2010

We are happy to hand the microphone over to Christina Gordon and Mary Baroch at the Pro Bono Institute for a report on law firm pro bono activities. Take it away, Christina and Mary!

The Pro Bono Institute’s Law Firm Pro Bono Project released its report examining the pro bono activities of large law firms which are Signatories to the Law Firm Pro Bono Challenge® for the 2010 calendar year.  Attorneys from 138 firms completed more than 4.45 million hours of pro bono service, making 2010 the third highest year on record. Continue reading

A Trap for the Unwary: How the New UK Regulatory Scheme Threatens to Ensnare Unsuspecting US Firms

by Jim Jones

There are now over 80 US-based firms with offices in London, some of them relatively large.  It is accordingly rather surprising that most such firms seem completely unaware of the significant regulatory challenges they will face when the Legal Services Act 2007 comes into full force and effect on October 6 of this year.  Under the Act, the practices and activities of most lawyers and law firms operating in England and Wales will fall under a new regulatory scheme promulgated by a new regulator – the Solicitors Regulation Authority (“SRA”). Continue reading

Balancing Information Security and Collaboration: A Knowledge Management View

by Sally Gonzalez

Last week, my colleague Lisa Rohrer discussed the delicate balancing act facing firms as they seek to deal with information security concerns while also promoting collaboration. I agree that this is no easy matter, and wanted to share my thoughts on some of the approaches firms are taking to deal with it. Continue reading