Monday 10 March 2014

Small and Medium Law Firms…Where To Now For Your Business Management?



Practice Management & Business Skills...
This paper was delivered at a Legalwise Seminar- “10 Points in One Day” in Canberra on Thursday 13 March 2014.
The pace of change in the Australian legal landscape continues to be rapid, and there remain many challenges, and opportunities, for Small-Medium law firms. These firms continue to make up the vast majority of firms in Australia.

In this session I will draw on 40 years in the Profession, and my day to day experiences working in or with 1331 Australasian legal practices, to pass on to you some practice management tips and traps that I observe impacting, positively or negatively, on your peers in similar firms as I work my way around Australia and New Zealand.

We have less than an hour, so I have necessarily chosen just six key areas to spend about ten minutes on each, with no particular priority in terms of perceived importance. There will be time for your questions towards the end of the session.

            Alternative Fee Arrangements and Pricing Blog Post 10 March 2014
            Legal Process “Right-sourcing” Five Blog Posts to follow
            Employment Flexibility and Remuneration of Employed Lawyers
            Business Development (“Marketing”)
            Technology Trends
            Opportunities To Lift Your Profit Strongly

 Alternative Fee Arrangements and Pricing
We are talking here “alternative” in the sense of alternative to billing by the hour, a methodology that has come to dominate.

Not only are many clients seeking wider and better options, but in many circumstances billing by the hour can actually be a significant impediment to you in terms of profitability.

This is especially so if for whatever reasons you have set your hourly rate too low for the value you deliver to your clients. Worse still if when push comes to shove your confidence is such that you “find” lots of reasons to not actually charge what you should!

The key point I want to make is that clients deserve a range of options in your fee arrangements, and that, properly-structured and implemented, you will also benefit greatly.

At this stage of development there is still good “mileage” to be had with the big majority of clients if you take the lead on offering a range of options for each project they bring to you, making clear they thereby have real control over their legal spend, in most cases.

It takes a little experimentation usually to get a good range of options established, and it will be ongoing for the foreseeable future, but work I’ve done with a number of firms has shown clearly that while initially not recognised collectively, many firms are already experienced with, and utilising ad hoc, many more pricing options than they thought.

A careful audit of what billing arrangements are in place now for individual clients will usually reveal in existence a small suite of options including fixed fees, fixed fees with “strike-rock” provisions, contingent fees, success loadings, various periodic retainers…some with their own versions of “strike-rock”, time-based billing with and without caps, volume-based pricing etc.

It is important to remember that being very professional and proactive about the discussion of potential fee options for clients, and being very professional about assisting clients to understand the value they should expect to receive for their investment in your services, is a big part of giving clients, and of course prospective clients, professional reassurance.

Avoid doing it at your peril. Pricing and fee options play a huge role in firm profitability, and profitability, coupled with vigorous cash flow management, ensure the ongoing financial health of your business and of the families it supports.

There is a huge range of fee options being used in the market, so many that I readily confess to not yet understanding some of them!

One of the leading consultants working in this field is experienced New Zealand lawyer Richard Burcher, at Validatum, and I commend to you his blog in particular. In a December 2013 article for “Managing Partner” Magazine, re-issued as a blog post, he listed a big range of options. The whole post is well worth a read.

The bottom line in Alternative Fee Arrangements is that you need to further develop what you already use, always being proactive with clients, and accept that if you want a client to utilise your services you need to have a mixture of skill, awareness and confidence, to communicate fully in every matter the value the client will get for their particular investment in this particular matter. One size fits all simply does not apply!

That skill will not come overnight and you will not get it 100% right every time. It’s something you need to learn, practise, and test. There is absolutely no single silver bullet.

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