Law Technology News (LTN) is reporting this morning that LexisNexis (LN) will be reducing their headcount by approximately 500 employees in various locations in the United States. You can read the item here.  LTN is reporting that the statement was issued by Marc Osborn, senior director of communications for its Research and Litigation Solutions unit.  LN had not responded to my request for more information at the time of this post.

I wonder if this due in part to the adoption rate of Lexis Advance not meeting expectations?  I’m not aware of solid data on this point but I do know that Lexis seems to be experiencing challenges similar to those experienced by Thomson Reuters with WestlawNext.  I have some thoughts on this but will leave that as a post for another day.

UPDATE:
I just received this response from Marc Osborn at LexisNexis in response to my queries:

LexisNexis continuously reviews its needs, operations and other factors to identify what resources and services are necessary to optimally support our customers and improve business operations. As a result of this ongoing process, we regularly build teams in certain areas of the business and reduce in others to be able to deliver next-generation solutions to customers.

UPDATE #2:

Reed Elsevier is the parent company of LexisNexis.  A cursory review of the Reed Elsevier Interim Results for 2Q 2013 indicates that revenue declined during the first 6 months of 2013. The transcript of the quarterly earnings call to analysts also referred to a decline in growth at the Earnings per Share (EPS) level.  Although it would be interesting to see the effect LexisNexis had on these numbers, it wasn’t available at this time.  Unfortunately, it is common for businesses to reduce expenses in order to increase (or prop up) EPS rather than find ways to address the decline in revenue.  This is a temporary solution at best.  Depending how this is done, this can result in the business being ill prepared to meet customer demands or to keep their products fresh and relevant.

Geek #1 had the opportunity of asking Casey Flaherty a question during a presentation recently. One of his takeaways is that clients still do not trust their outside law firms. After posting my recent piece on SOLP 2013, a thought clicked in my head. Consumers of any product will grow angry if they believe the providers are extracting profits at higher-than-market levels for any length of time.

Consider oil companies. During the mid 2000’s, the price of oil per barrel was jumping dramatically. There was much talk about what was driving this. Some claimed it was due to speculators. But the result was higher and higher prices at the pump. In a relatively short period of time gas prices increased by 50% and then stayed there. It was not long after that the Majors started announcing record profits. It was not long after that people started clamouring for Congressional investigations into price gouging and the like.

History is replete with examples of customers who react negatively when they think providers are using market power to raise prices and extract higher than normal profits.The Sherman Antitrust Act is the embodiment of this reaction.

I should point out that lawyers do not have a monopoly on legal services in the classical economics sense, since there is competition in the market from a large number of providers. However, there are definite restrictions on who can enter the market. These restrictions were placed as a protection on consumers, keeping them from receiving significant legal harm via untrained and incompetent providers.

At that top of the market (a.k.a. BigLaw) there has been a more restricted set of provider options for customers. I recall a consultant telling me as recently as 2008, that clients were afraid to ask for bigger discounts since their BigLaw providers might choose to not take their cases. Of course that has changed.

The real crux of this issue is that many clients perceive legal providers as engaging in price gouging. One can easily argue the market has been setting prices (via hourly rates), just like the case with the price of gasoline in 2007. Law firms have been behaving ‘rationally’ in an economic sense, as their price increases were accepted by the market.

The main difference between oil companies and law firms is that alternative legal providers are more readily available and more are emerging.

The old saying goes “Perception is Reality.” Therefore firms need to find a credible way of responding to this market influence. I’ve noted recent record profits from big banks. Back in 2008 these clients asked for their firms to work with them through the downturn by holding the line on rates. I wager that even with the market turnaround, they will not be going back to their firms with offers to raise prices and will continue their downward pressure on legal costs.

This is the market we now live in.

As the now infamous article, The Last Days of Big Law, from The New Republic was making the rounds on Monday, I got to thinking about just how dark the legal literature has become over the past year and its prediction of a business model on the verge of collapse.

“Doomed is the New Black” when reporting about how large law firms are doing. It definitely makes for interesting reading, but are all of these doom and gloom articles really saying anything new, or are the rehashing old arguments that have been around at least since the 1980’s on how large firms will eventually eat themselves and collapse under their own weight? Are the writers of these articles actually weighing the evidence and making a clear argument of why firms are specifically going to fail, or are they simply attempting to “one-up” the previous author of a “Why BigLaw Is Bound To Fail” article?

Now, don’t get me wrong. I love a good story of how awful the BigLaw life is just as much as the next person. When we have a chance, we discuss it here on 3 Geeks, too. (Preferably in verse) After all, the more dark and disturbing the image, the more readers we seemed to get that day. It is a definite tactic. But there are times when you read something that falls into that “too good (or bad) to be true” category and you have to call “BS”. I think that Slate author, Mark Obbie, yelled “BS” on the New Republic article in his The Fascinating Vampire Squids of Law article he posted this morning. Unfortunately, this type of article that points out that, while BigLaw’s business model is still highly flawed, it is still chugging along (profitably at that!), just doesn’t have the sex appeal that the “BigLaw is Doomed, Doomed, I Tell You!!” articles. Don’t believe me… scroll down to the comments and see how everyone is saying Obbie’s interpretation is wrong and that BigLaw is collapsing any day now.

  • Is BigLaw flawed? Yes.
  • Is BigLaw’s current business model out of sync with today’s economy and client expectations? Yes.
  • Will there be more BigLaw collapses in the next year? Maybe, but probably not.
  • Will BigLaw Profits Per Partner increase this year in most firms? Probably.
  • Are Clients frustrated at BigLaw? Yes/Kinda/Maybe (It’s a lot like Congress… we hate Congress, but we still go back to the old standby during the election.)

I am in no way defending BigLaw. There is a strong need for some of the business methods to change, and change quickly. Having alternatives to the Billable Hour (when appropriate) is something we promote almost on a daily basis. Project Management, streamlining processes, and better communications with Clients is something that is severely lacking in the industry. BigLaw is glacially slow in adopting these processes, and is way too focused on their PPP rankings. However, as much as you may not like to admit it, firms tend to work their way out of the situations that many of us think will cause them to collapse. Is it luck? Is it skill? Is it timing? Who knows. Somehow we put firms on a Deathwatch, and it just rarely ever comes to fruition.

I think that my fellow geek, Toby Brown, has his finger on why it is that firms aren’t collapsing left and right. In his Death by a Thousand Cuts post, Brown points out that most firms are extremely conservative with cash (since 2008); firms are like sheep that move with the herd rather than attempt to become innovative, and; firms will be quicker to right-size and shrink in attorney ranks than they were in the past. If pressed, I think most Partners will admit that they never thought they’d make the kind of money that are currently making when the left law school. There is still greed in the industry, but greed at the expense of causing a firm to collapse isn’t as strong as it once was.

When markets flatten, firms will take actions to ride out the wave. Some firms will grow, some will shrink, some will merge, and, over time, some will probably fail. Twenty years from now, we will probably still see articles come out each year claiming that BigLaw is too big and will collapse under its own weight, and the cycle will continue.

[Note: After consulting with my editor*, Jason Wilson, I decided to change the title from “BigLaw is Doomed!! Doomed, I Tell You!!” (Still…) to the title of the Meme]

*he isn’t really my editor… my posts would be much better if he actually were.

Image [cc] juhansonin

Dan: Recent reports of BigLaw staff firings got me thinking.

Jane: I hope you weren’t driving at the time.

Dan: Anyways … I came up with a brilliant idea for how law firms can reduce their cost structures. Everyone is always bitching (your specialty Jane) about how the cost structure of large firms is out of whack.

Jane: “Out of whack.” Is that a technical term?

Dan: Shut up you ignorant trollop. Back to my brilliant epiphany: Large law firms should randomly fire one-third of their administrative staff. Bingo – major cost savings.

Jane: Let me make sure I have this right. You actually were thinking, and this idea just came to you? Are you serious. Do you think most law firm administrative staff just sit around chatting? They were all hired for a reason.

Dan: Stifle your trap long enough to hear me out. I know some of these people might perform valuable functions, but it’s difficult-to-impossible to know which ones. The random firings will quickly determine which non-lawyers were valuable and which … weren’t. Firms can always hire back the ones they really need, since most of them will have a hard time finding jobs in this legal market. Problem solved!

Jane: That is wrong on so many levels. As usual, I struggle where to start in describing your idiocy. Let’s start with the practical and where the money is. If you fire the Billing people, no bills will go out and money will stop coming in. If you fire the Benefits people, your health insurance will be canceled since the bills won’t be paid. Shall I go on?

Dan: OK – the plan may have a few glitches. We’ll make sure to keep those two people. Or … wait for it … we’ll outsource their functions. Everyone knows outsourcing saves money.

Jane: It’s ironic how luddites like you fear the commoditization of law, but then jump whole-hog (pun intended you bloated bag of gas) into the commoditization of everything else about law firms. Apparently everyone, except lawyers, are fungible. Your arrogance blinds you to the fact that there are other professionals with valuable skills. As usual, you probably assume lawyers will be better at everything, so they can take over tasks when the admin staff is gone. I suppose your clients will be happy paying an associate to update your web site?

Dan: Trust me, there will be a significant number that won’t be missed, probably in IT and Marketing. So when the dust settles, the cost structure will be “fixed.”

Jane:  The real solution would be getting you “fixed.” Tell me you haven’t procreated.

(With sincere apologies to Sam Beckett.)

Deweygon, sitting on
a first year associate, is trying to write off his client’s bills.  He crosses out and uncrosses out. 
He gives up,
exhausted, rests, and prints out another copy. 
As before. 
File:Waiting for Godot in Doon School.jpg
Image [CC] – Merlaysamuel
Enter Howreymir.
Deweygon:  (Giving
up again)
Nothing to be done.
Howreymir: I’m
beginning to come round to that opinion. 
Deweygon: Ah,
so there you are again. I thought you had gone forever.
Howreymir: I
may have.
Deweygon: As
long as you’re here, you can help me with this. 
(writing again) More partners…
equals more hours… (with rising
intensity)
equals greater revenue …
Howreymir: Equals
less profit. 
Deweygon: (sinking, resigned) Equals less profit.
Every time, the same result. When will they get here!?
Howreymir: Today.
I feel it.
Deweygon: You
said that yesterday.
Howreymir: But
today, I am sure.
Deweygon: And
if you are wrong?
Howreymir: Then
tomorrow, or next week perhaps.
Deweygon: And
what shall we do until then?
Howreymir: We
could fire associates… or IT staff.
Deweygon: Or we
could make them partners and use their “buy-in” as cash to keep us going until
they arrive.
(The first-year associate,
still under Deweygon, begins nodding his head vigorously, wagging his rear, panting
like a dog, and pulling wads of cash from his pockets. Howreymir casually picks
up the money and pockets it himself.)
Howreymir: No.
That will not keep us.
Deweygon: For a
while, perhaps?
Howreymir: No.
(The first year
sticks out his lower lip in an exaggerated pout, lowers his head, and begins to
sob silently.)
Deweygon: Then
we are doomed?
Howreymir: They
will come.  They have the answers.
Deweygon: But
until they get here!?
Howreymir: We keep
hitting our hours.
Deweygon:  I have hit 52 hours in the last 2 days!
Howreymir:  But we have no clients to bill.
Deweygon:  No clients.
Howreymir: We
could get some.
Deweygon: We
should wait and see what they say first.
Howreymir:  Who?
Deweygon: Martin
Luther LLP
Howreymir:  Good idea.  They will show us what we need to change.
Deweygon: They
have the answers. They know how to do things.
Howreymir: What
if they don’t?
Deweygon: What
do you mean?
Howreymir: What
if they think we know how to do things?
Deweygon: Maybe
we should fix things now before they come, so that we can help them when they
get here?
Howreymir: We
could probably improve our processes.
Deweygon: We
could certainly improve our efficiency.
Howreymir:  We could definitely improve our technology.
Deweygon: That
will cost money.
Howreymir: They
are bringing the money.
Deweygon:  Unless they don’t have that either.
Howreymir:  You think they don’t have money?
Deweygon: They
approached us. If they have so much money and so many clients, then why would
they come to us.
Howreymir: We
have prestige.
Deweygon: We
are prestigious. And great lawyers.
Howreymir: Truly
great.
Deweygon:  The best of the best!
Howreymir: The
top-tier of the top-tier!
Deweygon:  The last of the white shoes.
(Both look down and
notice they are wearing brown and black shoes. A noise off stage.)
Howreymir: What
was that?
Deweygon:  It’s them, they’re coming!
Howreymir: Can
you see them?  Do they have money? Or clients?
(Both look intently
off stage for a long moment.)
Deweygon: I don’t
see them.
Howreymir:  It was the wind.  But they will come. Today.
Deweygon: Or
tomorrow.  And they’ll know what to do.
Howreymir: In
the meantime, there is nothing to be done.
Deweygon: No. Nothing
at all.
(Fade to black)

What started as a modest group of pricing people 2 years ago (I believe it was five of us) has grown now to about 200 people. The group is now comprised of pricing and project management people with a wide variety of titles and roles. Some in the group are strictly in these roles. Others have dual roles, such as CFO and pricing.

When we started this group we outlined three primary goals. #1 is professional development. Most programs on pricing, alternative fees or project management are basic and directed at just getting people to embrace the ideas (and are usually taught by people from this group). So finding opportunities to extend our own knowledge is quite limited. The second goal is developing a knowledge-base of best practices. And the third goal is driving the development of products and services that meet are ever changing needs.

In order to meet these goals we decided to create a conference built around them. The result is the upcoming P3 Conference. P3 stands for Pricing, Practice Innovation and Project Management. The conference is being held in Chicago (to make it relatively easily reachable) on September 30th – October 2nd. The sessions will include the best in the world from law firms and in-house legal departments. The programs will include roundtable discussions, with experts discussing how they tackle problems, debating various approaches and methods. The content will be decidedly advanced. No one will be trying to convince people pricing and project management are good ideas. Instead we will be discussing in-the-trenches experiences and lessons learned. This is all directed at meeting goal #1.

Additionally we will have directed feedback sessions involving companies that are providing and developing cutting edge tools and services. These sessions will explore product offerings with an eye towards what is in development. Attendees will give their feedback on what they like and what they need. These sessions are focused on Goal #3.

The programs on Oct 2nd will cover a variety of topics, including numerous best practices – meeting Goal #2.

So … if you are involved in pricing, practice innovation or project management at your firm or in-house legal department, or if you just want to hear from the best in the industry on these topics, you will want to attend this conference. It will be a unique experience sharing some valuable ideas among some really great people.

I will add – registration is limited. This is not your usual marketing ploy to fill up seats. Given the relatively short notice for a conference and the desire to hold it in this time frame, we ended up with limited space. We plan to correct that for next year, however, this year space actually is limited. So if you want to attend, I highly recommend you register early.

I look forward to seeing many of our readers there.

PS: I would be remiss in not mentioning the support of the LMA in driving this conference. As noted above, this is being done on short notice, but the LMA Team is working hard to make this happen and they are doing it in style.

PPS: I would also be remiss in not thanking those on the Planning Committee: John Strange at Vinson & Elkins is the Chair. Kristina Lambright at Akin Gump, Purvi Sanghvi at Patterson Belknap and Tim Corcoran the President-Elect of LMA and consultant with Corcoran Consulting Group.

What is your reaction to that title?

Most lawyers will probably turn their noses up at this. Since law is a reputation-based business, who in their right mind would want their reputation associated with being cheap?

Many clients will likely be quite interested in this concept. Not that all of their work will ever go to a price point firm, but currently their work that is more driven by price has few, if any, law firm provider options. So client ears will perk up when hearing this firm mentioned.

What would this Price Point Law Firm look like?

I propose a firm that strongly differentiates as a price point alternative. For hourly deals they might have some maximum rate, say $350. For other pricing options, they would provide very competitive bids.The focus of this firm would be on 2nd and 3rd Tier legal needs, also known as the high volume aspect of legal services.They could easily serve everything from very large companies, down to small businesses. This would mean they would have an extremely large market to attack.

Of course this Price Point Law Firm would structure itself such that it could profitably serve such a market. Given the over abundance of legal talent available in the market, finding suitable lawyers should be relatively simple. Their starting pay could be kept reasonable – say $40k to start. With their starting rates at $150-200 and only a billable base requirement of 1500 hours, they would be quite profitable for the firm.

Our Firm will spend more money on professional development for these lawyers than traditional firms. And by professional development, I mean actual skills training, with management oversight and hard goals. This also means our lawyers will have well-defined career paths, especially ones that do not lead to owner positions, since most people are not suited for or even desire that level of responsibility and stress.

The Firm will have extremely strong leverage, meaning you do not become a partner unless you want to act like an owner. How does an owner act? They drive business, over performing client work. We won’t expect our front-line workers to be sales people, and we won’t expect our owners to be front-line workers. A recent conversation with a “partner” in a non-law professional services organization told me his annual billable expectation is about 400 hours. His biggest expectation is bringing in business. Our Firm owners will be compensated based on similar factors, versus how many worker hours they bill.

In this scenario, the owners of this firm will easily enjoy profits at or perhaps above what BigLaw partners currently make.

So why isn’t anyone creating a Price Point Firm? From an economics perspective, it is absolutely crazy (or more appropriately – stupid) that no one is. The market is screaming for such a provider. The sad truth is that too many lawyers have become so internally focused that the screams of their clients are not being heard. True – many firms are providing bigger discounts to clients, which is responding at some level. But clients are literally begging for quality legal work at reasonable prices. Absent the LPOs and a few niche firms, no one is listening.

Do I hear opportunity knocking …?

.

While I was in Seattle at the 2013 AALL Conference, I had a chance to listen to, and briefly talk to Casey Flaherty of Kia Motors America, Inc. As many of you have read recently, Casey is making waves by giving his outside counsel some basic skills tests on how long it takes them to update contract language via MS Word, print to Adobe Acrobat, and resorting MS Excel lists. His testing of ten outside law firms associates (9 total firms and 1 took it twice) came back with all ten failing his technology competency audit.

He gives one example in most of his talks where an additional indented sentence is added into a contract. He shows the crowd what should take about 12 seconds to do (if the attorney is tech savvy and understands form automation tools), usually takes about 10 minutes for most attorneys to complete because they are manually updating paragraph numbers and reformatting the document piece by piece.

Now, the question I presented to him was this:

Why should the associate be the one doing the word processing updates in the first place?
Shouldn’t those tasks be assigned to Secretaries or WP Staff members who:
1. know how to use the resources effectively and
2. are either billed at a much lower rate or aren’t billed at all?

His answer was a bit simplistic, but typical of today’s corporate counsel expectations (I am completely paraphrasing his response):

Technology is so entrenched in the day to day operations of the associate, that it is expected that they have (or should have) the skills to complete these simple tasks so quickly that it doesn’t make sense to outsource it to a secretary or Word Processing Department.

Implied in that paraphrased answer was the idea that even if it went to WP, the lawyer would still review it (and charge for his or her time), so why add in an extra layer of work to do such a simple task that the lawyer should know how to do already.

Here’s a couple of observations that I walked away from Flaherty’s talk:

  1. Flaherty is either going to be a hero or a goat for discussing this and calling out his outside counsel for having such poor tech skills, and that his ‘tech audit’ is simply the beginning (he is also asking for access to daily time entry by firms so he can find associates that are billing .3 hours to 10 different matters each day, or those that enter time in weeks after the work was actually performed.)
  2. The basic message that Flaherty is giving is that:
    a. Corporate Counsel simply have lost trust in the firms they hire (this is the biggie!!)
    b. Poor skills equal higher costs billed to the clients
    c. Firms that bill by the hour have no incentive to improve these skills
    d. Clients will need to be the drivers to improve the skills required of their outside counsel
    e. Clients will either need to negotiate alternative fee arrangements with outside counsel, or
    f. Clients will need to assess skills and decrease fees for those firms that fail these skill tests
    g. Clients will need to monitor firms more closely, and even require firms to disclose processes used (such as up-to-the-day time entry exposure on all of the client’s work) and force changes that are deemed, by the client, to be inefficient.
  3. There are ‘opportunities’ for firms as well:
    a. Firms that work on tech skills and pass the audit can use that PR to use as an advantage over other firms
    b. Firms willing to take the temperature of their clients on what technology skills they want their outside counsel to have can use this a leverage within the firm to improve the skills that are important to the client
    c. Firms that have internal discussion can motivate the law firm leadership (both on the Attorney side and on the Administrative side) to evaluate basic skills needed on products that attorneys use on behalf of the client. It could start by asking simple questions like:
    i. Can an attorney print from Word to PDF?
    ii. Can an attorney resort information in an Excel spreadsheet?

    iii. Can an attorney update a basic form using the automation resources found in MS Word?
    iv. Are there customized resources we have within the firm that already improve the time it takes attorneys to do basic tasks (and are we telling our clients about these resources?)
    v. Is our work flow set up to take advantage of the professional staff we have to either push these tasks to the appropriate level, or leverage the skills of the staff to train the attorneys on simple tasks that can save enormous amounts of time?

All in all, what Flaherty is doing is an attempt to dictate the minimum skill level that his outside counsel has and decrease the costs to his company by requiring those improved skills, or punishing firms when they lack those skills (usually through a flat across the board fee discount.)

It should be interesting to see how much more traction Flaherty gets, and how soon it will be before a third-party snatches him up and he becomes a consultant for other companies to improve tech skills for their outside counsel.

(This is part 4 of a 4 part series.  You can download the entire SOLP 2013 below.)

Image [CC] – Jeffness

The newer the legal pricing role, the more likely it is to be defensively motivated. By defensive, I mean the pricing role is narrowly focused on holding the line on profits. The more mature is the pricing role, the more likely it is focused on proactive business development efforts. But even in the most well established legal pricing roles, the offensive push is still very limited. My best guess is that 90+% of legal pricing professionals currently focus almost exclusively on the defensive side.

This is an indication that the legal pricing role, unlike pricing roles in other industries, has not yet matured to the point that it can focus on maximizing profit. Instead it is more about holding onto market share and hopefully holding onto some reasonable level of profit margin.

For firms that are just now contemplating whether or not to create a pricing role, consider this: Your firm is competing in the same market with firms who already have this role. If you do not have someone in this role, your partners are probably agreeing to whatever pricing option clients request in order to hold on to the work. If, as is also likely, your firm still has a compensation scheme for partners based on their hours billed and revenue realized, then you are actively rewarding your partners for new work, regardless of the profitability of that work. In effect, you may very likely be  rewarding your partners for losing money.

This caution highlights the most important function of a pricing role, that of developing a rational pricing strategy. Even a firm with an exclusively defensive pricing approach, is at least facing the challenge. Given the chaotic nature of legal pricing, a first level goal needs to be developing knowledge about a firm’s current pricing world. This means capturing pricing deals as they occur and monitoring them over time. Without this basic knowledge, firms will not learn and improve their pricing strategies over time. Or as I like to say: The hole will only get deeper.

Conclusions

A small group of legal pricing people got together in late-2011 to establish professional development and networking opportunities. By May 2012, there were 12 people in that group. More than a year later, that number has surpassed 200. The rapid growth of this pricing group is evidence that pricing will be an ongoing function at law firms for the foreseeable future. The members of this group reflect the state of legal pricing at the personnel level. The roles for each person vary greatly in their focus and some members, including a number of CFOs, only perform pricing functions as a subset of their duties. Despite such wide variability in the role, we have reached a point where a large firm without a pricing role of any kind is clearly out-of-step with the rest of market.

In addition to law firm pricing personnel, this group also includes a number of people who work in client legal departments. This reflects the growing need for both sellers and buyers to understand legal pricing. Active client participation in this process is a key requirement if we ever hope to be able to better align legal service value with price.

While the current state of legal pricing is definitely chaotic, chaos  is either a trial to be endured and overcome by individuals, or an opportunity for a community to rebuild their world as it should be. I choose to believe the latter and I hope this paper might be the first step toward understanding and eventually taming the chaos of legal pricing.

(This is part 3 of a 4 part series.  You can download the entire SOLP 2013 here.)

For the last fifty or sixty years, law firms have used the infamous hourly billing rate pricing model almost exclusively. More importantly, during this era they had the luxury of constantly raising prices under growing demand. This meant their revenue was easily outpacing their expenses, leading to a great run of higher and higher profits. The result was a profit maximizing outcome, albeit, without requiring much of a pricing strategy.

With the economic downturn in 2008, clients started pushing back on price increases, leading firms to explore other options for maintaining their bottom lines. Having had such a great run prior to this, many law firm owners (we’ll use the common term “partner” here) are not well versed on how their firms actually generate profit. In response, firms are finding it necessary to educate partners on what exactly makes their work profitable.

The result of these efforts is a core re-examination of how work is done within a firm, or more directly – who is actually doing the work. The punch-line for partners is “The more workers work, the more owners profit.” For an economist, or for pretty much any other business person, this statement is a truism. To paraphrase Karl Marx, the owners benefit ”by sweat of the workers’ brow”. Yet law firm partners often struggle with this concept. Since partner billing rates are higher, it seems logical that revenue from partner time is more profitable than revenue billed by associate employees charging lower rates. This is a logical fallacy. Partner rates may generate more revenue, but the cost of that revenue in partner time is so high that the profit margin is much lower or likely negative. It seems like a paradox, but fewer billable partner hours per matter translate to higher partner profits.

This highlights a tension within and challenge for law firms. As they embrace more sophisticated pricing approaches, they will also need to adjust their compensation systems to reward profit maximizing behaviors. In the old model of regular price increases and constantly rising demand, partners were rewarded on hours and revenue. But in this new reality our compensation schemes must instead shift to rewarding revenue and profitability.

The Pricing Professional Role

It is not surprising that firms faced with this new economic reality, would seek professional pricing guidance, but there is a very broad range of pricing professionals across the sector. Some firms have entire dedicated staffs with broad ranging roles, while other firms are just beginning to consider creating such a function. Naturally, AmLaw 100 firms, with the most clients and the largest profits at stake, are the most likely firms to have a “pricing” role, but even at that level, such a role is not ubiquitous. Moving down market, the pricing role disappears relatively quickly. There are some pricing professionals in the AmLaw 200 layer, however, here pricing is typically done by people who have other primary roles, often times an Executive Director, a Chief Financial Officer, or in some cases, even a partner.

There is not even consensus on which department this pricing role belongs in.. In some firms it is marketing, in others it might be finance. Personally, I have performed this role in three different firms and in four different departments. Part of the challenge is that the role does not neatly fit within current law firm organizational structures and, as highlighted by the range of functions below, the role obviously utilizes resources across many different departments. In its highest form, the role needs to be client-facing – since pricing is one of the Four Ps of Marketing – and have direct access to the highest levels of firm leadership –  since the role is fundamental to the economic health of the firm.

To illustrate the chaotic nature of the pricing role itself, it may be worthwhile to explore each of these functions in greater detail. Some pricing roles may span across all of these functions, while many are responsible for only one or two.

Client Fee Discussions and Negotiations: This function includes talking directly with clients about fees and pricing options. The initial goal is to ascertain a client’s specific concerns related to fees, so that best-fit pricing options can be developed. Later in the lifecycle, these conversations can be negotiations over fee amounts. Finally, these discussions should be on-going over the course of a matter or the lifetime of a client relationship, to make sure pricing remains aligned with the client’s needs and consistent with their perception of value.

Partner Coaching: Many lawyers prefer to avoid fee conversations all together, but as the strongest point of connection with the client is often the relationship with the partner, it is usually beneficial to keep the partner involved in the discussion of fees. Most partners will benefit from and appreciate coaching on how to approach the subject of fees with clients. This effort usually involves giving general fee conversation guidelines and, when appropriate, specific advice on how to get a client to share their fee concerns. Another basic skill lawyers often need help with is, somewhat ironically, negotiating fees. Too often a lawyer will just accept a client’s price request, when an alternative proposal might lead to better results for the client and a better deal for the firm.

Budget Building: Many pricing situations require some type of a budget. Budget building can take many forms, depending on the demands of a client and the necessary level of precision. Many times lawyers like to utilize past matters as budget templates or even to develop templates for ongoing use. As might be expected, project scoping efforts come into play here as well. From experience, budget building is more often a high-level effort, only going into task-level details as needed.

Pricing Development: With knowledge of a client’s fee needs and with a general budget developed, then various pricing options can be determined. The typical drivers for any option are: cost savings, predictability (i.e. over a given time period), certainty (e.g. for a matter or group of matters), or even risk-sharing, where a firm takes on some level of fee risk as part of the arrangement. This function can many times be more art than science. This is where the pricing role benefits from creativity.

Profit and Scenario Modeling: With a pricing option in place, or as part of that effort, matter staffing needs to be determined. With a known breakdown for how a deal will be handled and managed, it can then be modeled for profitability. At this point various scenarios can be modeled to see how profit can be maximized for a given piece of work.

Monitoring: Once a pricing deal is in place, monitoring is the function that keeps the lawyers updated on the financial status of the deal. This includes providing the partners with regular updates for performance-to-budget numbers and other metrics.

The Rest – Process mapping, process improvement, project management & practice innovation: Many legal pricing people are being drawn into various practice re-engineering roles. Market pricing pressures are driving lawyers to modify how they deliver services. Lawyers are asking their pricing people for help in this effort, often because we are the ones that got them into the situation in the first place. In the long-run these needs may drive the creation of separate and more focused roles. In the short-run, I expect to see more pricing people pulled in this direction.

The wide range of pricing functions within firms and the wide range of adoption of pricing roles by firms, throws the law firm side of the market into as much, if not more, chaos than the client side. A very uneven playing field means it is hard for the players, both inside firms and out, to understand the game. Players attempting to function rationally are confronted with others playing wildly out of control and the result is extremely irrational pricing behavior by law firms.