law firms

Is It Fair To Charge Different Clients Different Rates?

Leaving aside the whole issue of whether or nor the billable hour is the best way to charge clients, do you think it is fair to charge different client different rates for the same work?

This article by Jordan Rothman on abovethelaw.com would suggest the answer to that question is – ‘yes’.

And I actually don’t disagree with Jordan’s outcome, but do disagree with his thinking of why.

After all, at least here in Australia, we very rarely have the same panel rate for all legal panels we are appointed to so; despite, or rather, the fact that we will be doing similar work under the various panel appointments.

QED – IMO – it’s fair to charge different clients different rates for the same work we do (and, HINT, it all comes out in the wash when you look at the Average Realised Rate – but I will leave that for another post).

But, and here is the critical difference I have with Jordan’s post, different clients will equate a different value to the work being done by you – and so it is more than fair to charge one client more or less than another client perceived on the value of the service they are getting.

For example, and I accept this is somewhat crude, somebody who has never been divorced before and whom your firm ‘looks after’ in a very emotional period of their life is way more likely to value the service your firm provides than someone going through their fifth divorce – so charge them more!

If you want to have a chat about how you can maximise your value opportunities, feel free to reach out.

rws_01

Mid-year review of the Australian Legal Market

Thomson Reuters recently (27 February 2023) published its 2 page Mid-year review of the Australian Legal Market.

As usual, the Report is a very interesting read; but by far the two standouts for me were:

Expense Growth

Notice that rise in Direct Expenses?

That’s down to the pay rises you just gave to your 2 to 6 year PQE lawyers who are now sitting around very under utilised!

Where will clients need help?

The other chart in the Report that caught my attention was where clients anticipate their spend over the next 6 months.

Given the hangover from COVID, Workplace doesn’t surprise me too much.

Dispute Resolution, in difficult economic times, will always be a winner.

But, why Regulatory? We have moved past most of our Royal Commissions…

…and unless I’m missing something there is no growth mentioned for either Privacy or Cyber.

Given the ongoing changes in privacy regulation in Australia just announced, and global concerns around cyber (with IPH Ltd going into a trading halt following a potential cyberattack on two of its member firms this week), this must be an oversight.

If this all sounds too close to home to be true, feel free to drop me a line to talk through how we can fix this up. 

rws_01

Peak loading – Hourly billing with a twist

Not exactly sure where I came across this pricing menu by a translation service provider in Malaysia – Lexup – so apologies if I am not giving you the credit you deserve because this really grabbed my attention.

A translation service focussed on the legal profession that not only charges by the minute (let alone 6 minute units), but whose rates vary depending on how urgent your need is.

Alternatively, if you’re not happy with the hourly billing model, then let’s go old school (Charles Dickens era) and pay by the word. Again though, the quicker you want your work back, the more it will cost you!

Peak-load pricing. I have no idea why law firms have not adopted this years ago!

As usual comments are my own – but I’m sure there is someone out there who can tell me the optimum price to time!

rws_01

‘More with less’ not ‘More for less’

Back on deck this week after close to 6 weeks off work (not too uncommon for us here in Australia where January is like July in France!).

While catching up on my emails I came across this classic by Tom Fishburne. Yet again Tom hits a home run and I suspect many of us will be feeling this pressure over the next 11 to 12 months!

As usual comments are my own. And I hope everyone has a great 2023!

rws_01

My 2023 predictions – only they are not!

I have only tried to predict what might happen in the next 12 months in the world of AusLaw once. It was exactly 10 years ago – 2013 – and I got it so horribly wrong that many would argue I should never, ever, touch this subject again!

Of course, countering that I would argue that getting numbers #2 and #3 close to right, at that time, showed major insight – and surely you can gift me #6.

But there has to be a reason why I have not done a prediction post since and that reason is: Because I’m rubbish at it!

Instead, these days, I review the predictions of others and opine on whether – from my lofty hight of ‘know it all‘ – they can call it better than I can – which, they usually can!

And so that is why this year I would like to draw your attention to the 2023 Citibank-Hildebrant Consulting LLCClient Advisory Report‘.

In its 15th Year, this Report has done a whole lot better at guessing what the future holds for law firms than I have ever done; and Part II: ‘Looking ahead to 2023 and beyond‘, Section B: ‘Key trends to watch in 2023‘, sets out 16(ish) trends to watch-out for in the next 12 months.

So let’s take a look at what these suggested trends are, and I will then add some comments I might have on them.

THE REPORT’S FORECASTED 2023 TRENDS

  1. The evolution of the hybrid work model to a “more flexible” work model
  2. The growth and reshaping of lawyer leverage
  3. Equity partner growth at more firms
  4. Greater focus on both revenues and expense-related operation efficiencies, including:
    I. Rethinking space
    II. Redesigning the professional staff leverage model
    III. More outsourcing
    IV. Increased use of project management
    V. Thinking twice about business travel
    VI. More investment in technology
    VII. Improving realization
  • AFAs
  • Pre-negotiated discounts
  • Continued focus on improving the billing and collections process
    VIII. Greater focus on cross-selling opportunities
    IX. Financing growth

MY COMMENTS

And here I go with my 2c.

  1. The jury is out with this one – on the part of both the employee and the employer. I read a report the other day that stated employees wanted back in the office with rising cost of living expenses (read gas and electricity, but also inflation more generally). If that is true. get a couple of 30+ degree days in a row running the aircon all day, employees may well want to be working back in the office pronto (anyone else remember going to there cinema to cool-down?). On the other hand, employers are looking to reduce their footprint – after all, rent is up there with salaries winning the Biggest Overhead cost award. Some compromise is inevitable but it would not surprise me if we see a hybrid of a model introduced into Auslaw about a decade ago by Herbert Smith Freehills where you see most lawyers in the office 3 or 4 days a week, but back-office support staff (or Allied Professionals) working mostly from home.
  2. There’s a recession on the way. It has already arrived in many parts of the world. And with a recession comes something called ‘stickiness’ – where lawyers, especially at Special Counsel level, keeping work they could otherwise be passing down to more junior lawyers makes sure they (a) make bonus, and (b) keep their jobs [after all, Special Counsel is the biggest loss leading level in most law firms]!
  3. Unlikely – 5 generations in the workforce and a recession. I’d think you need to be very special to be looking at equity partner entry level at the moment. Now if we are talking salary partner, I would agree. And keep in mind that roles like ‘Managing Associate’ and ‘Special Counsel’ were born out of the 2008 GFC, so we may see more of these job descriptions appearing in job adverts in the near-ish future.
  4. Absolutely, but let’s look at this a little closer:
    I.’Rethinking space’ – yes, see my response in 1 above
    II. ‘Redesigning the professional staff leverage model’ – no, see my answer in 2 above
    III. ‘More outsourcing’ – I wish, see number 8 from my 2013 prediction list!
    IV. ‘Increased use of project management’ – we have been talking about this for over a decade and if we still haven’t got this right then we don’t deserve to keep putting this on our ‘wish list’
    V. ‘Thinking twice about business travel’ – absolute no brainer! Partners’ use of their airmails for upgrades will be a growing trend in the next 12 months!
    VI. ‘More investment in technology’ – yes and no. Yes if it is for cyber-security (especially client-driven cyber-security requirements), and yes if it is for time-based billing. But no if it is for anything else.
    VII. Improving realization
    – AFAs
    – Pre-negotiated discounts
    – Continued focus on improving the billing and collections process
    So much to say here, but all I will say is – rubbish. And what on earth is a ‘pre-negotiated discount’, is that a contractually agreed volume discount? If so, it is not an AFA!
    VIII. Greater focus on cross-selling opportunities – as I’m currently reading Heidi Gardner and Ivan A. Matviak’s ‘Smarter Collaboration: A New Approach to Breaking Down Barriers and Transforming Work‘ (didn’t realise they were married before I read this) I would hope so. But experience has shown me that partnership deeds drive cross-selling opportunities and not altruistic behaviour a lot better than HBR top-selling books!
    IX. Financing growth – ahh, maybe we wait and see how the other predictions go! And keep in mind that financial growth does not necessarily mean ‘profit growth’, which should be the main game for any law firm!

Anyhow, as usual comments are my own. And I hope everyone has a great 2023!

rws_01


Image credit today is  Moritz Knöringer

FX fluctuations: Has BigLaw finally got the message?

As I have written on this blog on numerous occasions since March 2013, big international law firms need to consider – and account for – foreign exchange (FX) currency fluctuations – especially if their P&L is based in one currency – whether that be GB Pounds or US Dollars.

So it was with some amusement that I saw the following article headline in The American Lawyer today:

‘As Currencies Fluctuate, Law Firms Adjust Lawyer Pay and Billing Across the Globe’

source

But, before we all get ahead of ourselves and start to think law firms have finally figured out that as they approach $2BN+ in global revenue with business operations – in many cases – in over 20 countries, they might want to think about currency fluctuation issues, the real reason this has all of a sudden now become an issue comes out in the article:

‘Firms are taking steps to minimize the impact exchange rates could have on partner compensation, associate salaries and other expenses’

Which itself raises another issue I have mentioned so many times previously on this blog, if currency exchanges do fluctuate over the course of a financial year, what does that do to your multiplier?

Do you go from a 3x multiplier to a 5x? Do you go from a 5x multiplier to a 7x?

And what happens if the FX fluctuation is as a result of a stronger local currency, do you go from a 5x multiplier to a 3x?

Cannot say they were not warned!

As usual, comments are my own.

rws_01

The ‘2022 Australia: State of the Legal Market Report’

The latest update on how the Australian legal market is fairing through COVID was published by Thomson Reuters Institute and Melbourne Law School yesterday (29 August 2022).

Some of my key take-aways from this ‘The 2022 Australia: State of the Legal Market Report‘ include:

  • FY22 (defined as being 1 July to 30 June) was a tale of two halves. In the first half, 1 July to 31 December, Australian law firms smashed it out of the park (6.4% growth in the first half), but the second half was much harder going and the market declined 2.1%, representing its weakest quarterly return since 2013
  • Drivers of growth were all the usual crowd: mergers & acquisitions, banking & finance, etc
  • Retention – especially at the Associate level – is a major concern with 31.6%, roughly one-third, of Australian associates having decided to move on from their firm over the past 12 months
  • Law firms are trying to counter this attrition rate by offering their star Associates more money, which makes sense when you consider how much it costs to replace lawyers, but more recently Associate demands have included demands outside of pure financial reward – including a belief that the firm is taking a strategic direction that aligns with their values
  • Your firm’s reputation in the marketplace is important if you want to keep your Associates
  • Diversity IS important:

Global research from the Thomson Reuters Institute found that female lawyers and/or those from under-represented demographics, as well as those who identified as LGBTQ+, were the most likely to leave their current firms.

Page 14
  • Lawyers in Australia from diverse backgrounds are NOT feeling the love:

lawyers from diverse backgrounds gave notably lower-than-average marks in both their own well-being and their leadership demonstrating the importance of diversity, equity, and inclusion (DEI) as compared to lawyers with non-diverse backgrounds

Page 14

Anyone who has read the ‘2021 Annual Profile of Solicitors‘ by the Law Society of NSW should be able to tell you why that’s a problem that’s not going away unless law firms demonstrate a change.

  • Innovation remains important, even though we are not actually too sure what that means as we continue to draw a hard line between “innovation” and “technology”

That said, there is a really cool ‘Innovation adoption checklist‘ on page 23 that is worth the download by itself!

  • Partners are leading the utilisation charge – there may be a whole host of reason given for this from “clients want partner time on the matter” to “we don’t want to over burden our associates because they may leave us” but an annual average utilisation rate of slightly over 1,200 billable hours tells me some lawyers out there are working very hard

  • Last, but by no way least, is an amazing graph on pages 26 and 27 that sets out the ‘4 roles of a law firm partner’ which is brilliant and makes me wish I had created it!

Well done it all involved and make sure you read the report.

As usual, comments are my own.

rws_01

Some red flags that you likely work in a siloed law firm

Pre-empting this post by saying that I don’t know Akin Gump’s head of litigation Stephen Baldini. In fact, not sure I know anyone at Akin Gump.

In fairness I would also add that emails such as the one Baldini sent to his litigation team internally – that recently went viral – are probably written every single day in law firms across the world.

What does interest me with this story though is how it clearly identifies (in my opinion) that the litigation “team” at Akin Gump is clearly not “A” team but rather several different teams.

Why do I think this? 

Well, let’s take a look at at some of Baldini’s opening comments:

“We have recently had an extremely difficult job getting people engaged on matters”.

“Too many calls for help are either ignored or met with “I’m too busy.” These responses simply do not synch with our productivity, which for 2 months has been extremely low.”

Interestingly, Baldini’s email likely highlights a bigger problem in the Akin Gump partnership deed. That is this: it indicates to me that the Akin Gump partnership deed has a Supervising Partner/Instructing Partner component to it, whereby the Supervising Partner of lawyers in their team are assigned costs, but the Instructing Partner is assigned revenue without needing to necessarily share the costs of the resources they are using outside of their “busy” team (a version of ‘Eat what you kill’ that is played oh so well in many law firms).

To my mind, this accounting issue is a major barrier to internal collaboration in many (if not, most) law firms.

Now I could very well be wrong with that statement, but if you listen to the underlying plea in Baldini’s email:

We need engagement and intensity from everyone on the Lit team across the firm – we also need to act like a team. We need to help each other by easing the burden that is falling on colleagues, and we need to work together to meet our clients’ needs. So when you are asked to help out, please promptly respond, and if you have any capacity please say ‘yes’.

And, if you have capacity, proactively reach out and let others know. We are all professionals and we need to practice with a high degree of commitment to our clients and each other.

I think you might agree that there could well be a silo team mentality happening here.

As usual, comments are my own.

rws_01

Photo credit  Waldemar Brandt on Unsplash

What’s hot and what’s not in #Auslaw

My article on ‘What’s hot and what’s not in #Auslaw’ was published in PM magazine this month.

My thanks to Matt Baldwin and the team at PM magazine for giving me this opportunity!

You can read the article here:

As usual, comments are my own and I welcome feedback.

rws_01

Kick off 2022 by providing real value to your customers using the 3Es!

Happy New Year to you all, and welcome to the new calendar year that is 2022.

During the holiday period here in Australia (published 13 December 2021) I was fortunate enough to read a really insightful article in MIT Sloan Management Review by Andreas B. Eisingerich, Deborah J. MacInnis, and Martin Fleischmann titled ‘Moving Beyond Trust: Making Customers Trust, Love, and Respect a Brand

which set-out how service providers, like law firms, could provide real value to their customers using the 3Es:

  • enable
  • entice,
  • enrich

Where:

  • Enable = help your customers solve problems in ways that are economically feasible, reliable, efficient and convenient
  • Entice = making your customers feel good
  • Enrich = build self-affirming identities.

And the benefits of using this method?

Evidencing the research outcomes of this methodology, the article sets out 6 benefits you should see:

  1. Higher Revenue
  2. Lower Costs
  3. Higher Barriers to Entry
  4. More Paths to Grow[th]
  5. Stronger Talent Pool (within your firm as lawyers want to do this type of work for this type of client), and
  6. Greater Retention Rates in your firm.

All of which – should – result in higher profit.

Well worth a look, take a read – and certainly food for thought!

As always, the above represent my own thoughts and would love to hear yours in the comments below.

rws_01

(ps – I would recommend you add a 4th ‘E’ to this list – Empathy’ 🙃)

Photo credit to Jon Tyson