Saving Dewey & LeBoeuf

Saving Dewey & LeBoeuf.

Leverage is Back: The Return of the Pyramid Business Model for Law Firms, with a Twist

Leverage is Back: The Return of the Pyramid Business Model for Law Firms, with a Twist.

Leverage is Back: The Return of the Pyramid Business Model for Law Firms, with a Twist

In the second half of the last century, BigLaw developed and then fine tuned its pyramided business model. The name of the game was leverage: put an increasingly large cadre of associates at the base of the pyramid, have them bill scads of hours. Bill associates at a rate of three times their compensation; one-third of that amount would cover overhead and the balance would be profits for the partners, Partners sat at the top of the pyramid and waited for the dumbwaiters to send up piles of cash. The notion that large scale profits would be earned by hourly billing of partners was unheard of at BigLaw. The market for legal services was incredibly elastic, as demand for legal services exceeded supply. The fuel of for the pyramided business model was constant growth. BigLaw knew with certainty that it would grow at the rate of 10% per annum, compounded. Hiring and building law firms’ infrastructure was predicated on that growth rate.

The Great Recession put an end to that business model. Suddenly, supply exceeded demand. For the first time since the Cravath model was created, almost all large law firms began to contract. Clients revolted against the Cravath model and, more importantly, began to refuse to feed firms’ profit machines by refusing to pay for time billed by first and second year associates. It began to look like the associate cadre, the base of the pyramid, was in real danger of collapsing.

As law firm managers began to scramble to meet the challenges of The Great Recession, they met their firms’ need for growth and revenues by aggressively recruiting lateral partners with large client followings. These lateral partners were all highly compensated and in order to meet their salary requirements, less productive partners were shoved aside and moved to lower levels of the pyramid structure.

Now, law firm revenues are largely driven by hours billed by service and contract partners. Enormous compensation gaps among ranks of partners began to emerge. Thus emerged the new pyramid, with three tiers of partners, namely, the most highly compensated equity partners, equity partners earning far less and contract partners.

But the real weakness in the New Pyramid is at its summit. Lateral partners with large books of business do not have institutional loyalty, they are proudly free agents offering their portfolios to the highest bidder. And when those at the top of the New Pyramid hop off to a more attractive New Pyramid, the underlying structure can be in real danger of collapse.

Citibanks’ Fourth Quarter Report on Law Firm Profitability: Bleak, But, on the Bright Side, That’s As Good As It Gets

Citibanks’ Fourth Quarter Report on Law Firm Profitability: Bleak, But, on the Bright Side, That’s As Good As It Gets.

Citibank’s Fourth Quarter Report on Law Firm Profitability: Bleak, But, on the Bright Side, That’s As Good As It Gets

Citibank’s 2012 year-end report on law firm profitability tells us that 2012 was the Dickensian best of times and the worst of times. Only more worst than best.

It was the best of times because law firms reported a marginally insignificant increase in revenues and profitability. It was the worst of times because even as revenues and profits increased, expenses rose at three times the rate of increase for profits even as law firm managers fruitlessly sought to stem the tide of increasing expenses. It was the worst of times because the increased level of revenues and profits were attained by slogging accounts receivable and squeezing blood from rocks, reducing firms’ inventory of A/R, leaving them slightly limping as they gird to meet the challenges of 2012. It was the worst of times as realizations dipped and average annual hours billed dipped to 1.642, setting the stage for another round of layoffs.

But, ever looking for the silver lining, Citibank tells us that 2012 was ”not a bad year and we suspect likely to be the new definition of a good year for the legal industry at least for the foreseeable future.” Is that as good as it gets?

It Shouldn’t Suck to be an Associate at a Law Firm, Part II

It Shouldn’t Suck to be an Associate at a Law Firm, Part II.

It Shouldn’t Suck to be an Associate at a Law Firm, Part II

With law firm expenses rising at a rate three times higher than revenues, law firms have been working feverishly to cut the expense side and maximize revenues, to rather good effect, thus far. This has resulted in a perfect storm adversely affecting many law firm associates.

The Wall Street Journal reports that law firms have drastically cut their professional headcounts and have been squeezing an extra 50 hours a year out of those who still had seats when the music stopped playing. Fifty hours a week may not sound like much, but in an already crushing 60+ hour work week, these additional hours only serves to enhance partner profitability, while further squeezing the last drops of energy out of already overworked associates.

Saddled with huge student loans and impacted the dwindled job market, associates seem to have little alternative but to groan further under the weight of yet more work, even as their work days have become more complicated and difficult as support staff often no longer exist to assist associates with clerical and administrative duties. In the face of these factors, law firms have further put the squeeze on associates, as described in today’s Wall Street Journal.

The result has been a windfall for law firm partners. PPP has continued to rise, even in the face of The Great Recession. But, at what price? Perhaps it’s time to consider sharing some largesse with those who slave away in the ship’s galleons.

I Know You Hate Keeping Time Sheets, but Even in the New Era You Must Still Do So and Here’s Why

I Know You Hate Keeping Time Sheets, but Even in the New Era You Must Still Do So and Here’s Why.

I Know You Hate Keeping Time Sheets, but Even in the New Era You Must Still Do So and Here’s Why

Time sheets – the bane of lawyers everywhere – you can’t live with them and you can’t live without them.

The endless debate continues as to whether in this era of AFA’s, fixed fees and the like, lawyers and law firm managers continue to debate the question of whether we still need to be bound to the ball and chain of time sheets. The answer is a resounding “Yes!”

There are numerous reasons: First, in any fee application in which a court approves fee awards, courts require detailed and contemporaneous time sheets.

Second, The Model Code of Professional Responsibility does not explicitly recite AFA’s as a permissible method by which to charge a fee. The hourly rate remains the Model Code’s gold standard.

Next, some courts have actually held that fixed fees are unethical and unenforceable and the only method to recover on a quantum meruit basis is through time based billing.

With project management becoming such a key fixture in the profession, contemporaneous recording of time is key to the success of project managers.

And recording time spent on all firm-related matters is key to management; assuring that time-keepers are on task and then, at year end, assessments of the contributions made by all members of the law firm can only be objectively made by having a full and complete record of every lawyer’s contribution at every level.

A Cost Way Too High to Pay: The New York Times on the Price of Law School Tuition

A Cost Way Too High to Pay: The New York Times on the Price of Law School Tuition.

Follow

Get every new post delivered to your Inbox.

Join 721 other followers