Tag Archives: Law Firm Leaders Forum

Turkey in the spotlight

For the past few weeks, the Hildebrandt Institute Blog has been taking a closer look at certain emerging markets and their impact on the global legal industry. Previously, we looked at the market indicators driving law firms to Brazil the increasing significance of Asia in law firm growth strategies, and the competition for top legal talent in Hong KongToday, we turn our attention to Turkey and the economic drivers which are attracting a growing number of international firms.

Several economic factors are contributing to an increased interest in Turkey by international law firms. Unlike a number of its European neighbors, Turkey fared reasonably well during the global economic crisis with the country’s banking system managing to avoid a government-funded bailout. After negative growth in 2009, the economy bounced back well in 2010, recording the third-fastest growth rate among G20 countries last year, with an impressive 9% rise in GDP.

Growing interest by foreign firms

In 2009, there were just five foreign law firms operating in the market (White & Case, SNR Denton, Gide Loyrette Nouel , Salans and Curtis, Mallet-Prevost) with White & Case by far the most prominent. The US firm has affiliations with two market-leading local firms: Akol Avukatlik Bürosu in Istanbul, and Çakmak Avukatlik Bürosu in Ankara.

This has more than doubled in the past 12-18 months. 2010 and early 2011 saw the arrival of four new foreign firms: two global powerhouses, DLA Piper and Clifford Chance, who continued their investment in emerging market economies, as well as a number of Central & Eastern Europe-based firms, including Kinstellar (Linklaters’ CEE spin-off) and Austria’s Schoenherr.

Three further firms have recently announced their entry into the market; German firm Graf von Westphalen, the U.S.’s Chadbourne & Parke and most recently, Baker & McKenzie. It formed an exclusive relationship with leading Turkish law firm Esin Attorney Partnership, as well as opening its own foreign office in Istanbul (in Esin’s office space).

The moves have been in response to growing client interest and activity in Turkey, with Baker & McKenzie’s EMEA Chair, Koen Vanhaerents, stating “It has become increasingly clear that Turkey is rapidly growing in importance for our clients”.

Although the presence on the ground of these newly entered firms remains relatively small, a number of the associations formed have the potential to have a strong market impact. Other firms are expected to follow suit, with the CMS alliance recently announcing that it was looking to add a Turkish member to its exclusive alliance network.

High-growth economy

Turkey’s economic buoyancy in the midst of a global financial crisis is to an extent a result of its own crisis in 2001. A combination of factors, including a poorly executed devaluation program, led to a number of banks failing and a deep recession. What followed was a restructuring of the banking industry with more stringent capital ratios, which better positioned its banks to weather the current global financial crisis.

Western banks have also showing interest in the market; ING, Citi and Deutsche Bank have already established a presence, while in 2010, Spanish bank BBVA acquired a 24.9% stake in Istanbul-based Turkiye Garanti Bankasi. The deal was worth more than $5.5 billion, ranking it the largest M&A deal involving a Turkish company for the year.

There are reports of significant interest from foreign investors in the country, which has been a key driver of economic growth. Private equity investors have begun to target the region, there are increasing levels of M&A activity (with many of the largest being in the energy & power sector), and ongoing privatizations. Additionally, 2011 has seen a rising number of infrastructure projects and financing announcements, particularly in healthcare and renewable energy areas. The latter is viewed as increasingly important with the country facing a possible shortfall of energy between demand and supply in the medium term.

Regulatory hurdles

Strict Turkish bar rules prevent foreign law firms from opening local offices that practice Turkish law. Foreign firms can however establish a presence on the ground and practice Turkish law via formal associations with local firms. In some cases the local partnerships may, in essence, form part of the international firm. However, in order not to break Turkish bar rules, the international and Turkish firms continue to structure and market themselves as separate entities.

Notes of caution

As with most emerging markets, although rewards may be high, they do not come without their risks. There are concerns among economists that Turkey’s economy may be overheating particularly in light of its increasing current account deficit and rising inflation levels. Freedom of expression is also an issue with and EU report indicating high rates of journalists in jail. Although Turkey itself is enjoying a stable political climate, its geographic location means that geopolitical issues abound, and internally, ongoing discord between the government and the Kurdish population have resulted in renewed arrests, including a number of political leaders, which has heightened tensions further.

This week, the Hildebrandt Institute and West LegalEdcenter will host a panel discussion as part of the 16th Annual Law Firm Leaders Forum, on competitive opportunities for law firms in emerging markets.  You can learn more about the forum here

Posted by Tricia Pelton

Are Legal Services Becoming Commodities? Well, Yes and No.

We have written previously about how some regional and mid-size firms are eschewing the conventional wisdom for law firm growth and strategy, but innovation is by no means limited to mid-market players.  Large firms are taking advantage of shifts in demand to evaluate their underlying strategies, and new entrants to the legal services market are looking to exploit inefficiencies.  In doing so, firms are coming to different conclusions about precisely what they are selling.  More traditional firms are re-investing in an advisory model, in which they sell their expertise for a premium.  And some newer firms are focusing on a commodity model wherein they handle discreet projects on an assignment basis.  The strategy depends not copying competitors, but instead on the firm’s unique competitive advantages.

Kent A. Gardiner, chairman of Crowell & Moring, addressed this issue head-on in an article earlier this year in The National Law Journal.  Noting that many of his colleagues fear that the current focus on legal costs is turning lawyers from advisors to vendors, Gardiner suggested that law firms need not succumb to an inevitable commoditization of legal services.  Instead, he believes firms like Crowell – large, established firms – should approach client service by bringing the entire firm’s expertise to bear on the client’s legal situation.  For example, Gardiner observed that Crowell can leverage its regulatory expertise to help its non-regulatory clients “anticipate the risks and opportunities that lie ahead.”  Such an approach requires the firm to invest its own time in learning more about its clients in order to discover how the firm’s knowledge and skill can help solve (and even anticipate) client problems.  But Gardiner believes that investment will pay dividends in the form of better advice and stronger relationships with clients.

A relatively new entrant to the legal services market, Axiom, is looking at the same issue but coming to very different conclusions.  Axiom is a 600+ firm offering temporary legal services through secondments to corporate law departments, multi-person managed services teams, and managed discovery teams.  Despite its very different business model, Axiom struggled after the economic collapse just like many AmLaw 200 firms did.  The downturn forced the firm to assess its strategy and make changes to reflect new market conditions.  One element of that strategy is an increased focus on “segmentation”, which Axiom CEO Mark Harris described in a recent article for Corporate Counsel:

A somewhat oversimplified method for separating in-house lawyers from work they shouldn’t be doing is to look at the actual cost of getting that work done and ask if it can be done more efficiently elsewhere…  The point of segmentation is to align various categories of legal work with the most appropriate provider set – law firms, in-house teams, lawyers in India, contract administrators, software programs, etc.

So Axiom is actively encouraging the commoditization of legal services in order to find ways for its unique model to exploit specific inefficiencies in the market.  A very different approach from what Gardiner suggests, but then Axiom isn’t Crowell & Moring.

Despite these divergent conceptions, the underlying approach by both Gardiner and Harris is quite similar.  Although Axiom is embracing segmentation while Crowell is using a more holistic advisory model, both firms are thinking critically about their competitive advantage in the existing market and devising methods for exploiting those advantages.  The content of those strategies matter, but this is not truly a debate over whether legal services are commodities or not.  Instead, economic turmoil is forcing firms of all stripes to innovate and adapt.  In the legal industry, which is often slow to change, this is producing some exciting results.

Next month, the Hildebrandt Institute and West LegalEdcenter will host a panel discussion on innovation in legal service delivery, focusing in particular at the issue of the segmentation and unbundling of legal services, at the 16th Annual Law Firm Leaders Forum.  You may learn more about the full program here.

Posted by Emily Fisher