Tag Archives: legal market demand

Demand May Be Down, But Not For Long, Surveys Say

Yet another survey has found that legal services demand was down for the first quarter of 2013—but it’s not expected to last. Citi Private Bank’s Law Firm Group surveyed 166 law firms and found that while demand is down 3.3 percent, almost two-thirds of respondents to another (albeit informal) Citi survey expect demand to increase this year.

The drop in demand, however, was mostly offset by “a combination of stronger-than-usual cash collections and rate increases that were slightly higher than seen in recent years,” writes John Wilmouth, senior client advisor at Citi’s Law Firm Group, in an article for Am Law Daily. Even though the increase in revenue was a disappointingly small 0.2 percent, the article notes that it was expected and mostly due to a 4.0 percent rate increase—the largest Q1 increase since 2008.

Overall expenses were up 3.4 percent, with operating expenses increasing 3.1 percent and lawyer compensation expenses up 3.8 percent. The compensation increase, however, was “out of proportion” to the small 0.5 percent increase in full-time equivalent attorneys. Citi attributes this to higher associate bonuses, a slight shift from associate attorneys to income partners, and rising health care costs.

Hours decreased in comparison to the same quarter in 2012. Hours were down 3.7 percent to an annualized 1,607 hours for Q1 2013, compared to 1,669 last year.

For an in-depth discussion of the Citi survey findings—including how they compare to Q1 2012 and geographic differences—read the full article here.

IP Litigation Looks Bright

Tomorrow we will be reporting on data from Peer Monitor’s Q4 2011 Peer Monitor Index (PMI), and the picture is dim.  Productivity and demand both fell to 12-month lows, due in large part to sluggish demand for transactional work and increases in lawyer headcounts.  But there is a bright spot.  Despite negative trends in both the legal market and the broader economy, intellectual property is actually seeing significant growth.  Demand for IP litigation was up 6.2% for 2011, including a 1.6% increase in December.

Within the AmLaw 100 and AmLaw 200 segments, the numbers are even more interesting. AmLaw 100 firms saw the biggest boost in IP litigation in 2011, with a strong 6.9% increase.  The AmLaw 100 also saw gains in IP patent work, which was up 6.2% in 2011.  Meanwhile, the AmLaw 200’s IP litigation numbers were more stagnant – up just .8% for the year.  At the same time, the AmLaw 200 posted impressive gains in IP patent work, with a 7% increase over all of 2011 (including a 6.2% increase in December.

What’s driving IP litigation and patent work up when so many other legal sectors are seeing declines?  The rising stakes of competitive technologies are one factor.  In a recent article on the biggest IP litigation wins of 2011, Corporate Counsel cites the struggle between two technology powerhouses for helping to fuel the fire:

Another recession-proof phenomenon is Apple Inc., known lately for must-have mobile gadgets—and now, apparently, for employing legions of IP lawyers in its battle to take down Google Inc.’s Android operating system.

These sorts of battles of equals are changing the patent landscape, raising the stakes and thus the amount of money companies are willing to invest in IP litigation.  Brian Busey of Morrison Foerster, whose clients include Toshiba and Sharp, explains in a new article in Inside Counsel:

A couple of years ago, we were fending off trolls, but now it seems like we’re doing global warfare for competitors… Trolls haven’t gone away, but now at the same time companies have to manage larger litigation involving competitors, and it’s gone global.

It’s been a boon for IP litigation departments across the board.  Companies must now combat IP threats at multiple levels, from the patent trolls that result in multiple, nearly identical cases in several jurisdictions, to high stakes patent lawsuits against market equals.  And as Inside Counsel points out, IP litigation has indeed “gone global,” with the International Trade Commission initiating a record number of new investigations in 2011.  The result is more opportunities for more firms, a rarity in our current economic environment.

Posted by Emily Fisher