Avoiding Law Firm Implosions by Mandating Firms to Undergo Annual Stress Tests

Good Lord! Please make it stop.

We can’t take witnessing any more carnage or scandal from the Dewy & LeBoeuf front! The worst part, in some respects, is that clients, laterals and law firm lenders are now looking past the Dewey debacle and looking at other large law firms and wondering which one is next.

The horrific death spiral of Dewey & LeBoeuf, which started within the firm in October of 2911 and debuted its public spectacle in March, 2012, continues to evoke gasps and cries from all observers and participants. The latest horrors, not unexpected, are the loss of hundreds of jobs and the disappearance or dramatic reduction of thousands of pensions. To be sure, more ugliness lies ahead: Draconian financial penalties to partners and prosecutorial inquiries of potential criminal liability for some key Dewey players.

The Dewey debacle isn’t going away any time soon. The slog of judicial proceedings will take years and impose enormous tolls on all concerned.

The added nightmare is that other large law firms will liklely follow suit and similarly implode.

The profession must galvanize and provide assurance to law firm partners and law firm stakeholders – partners, clients, lenders, lateral candidates and law school students that individual firms are strong and viable and are not in danger of implosion. The way to provide assurances is through having law firms undergo stress tests by qualified independent professionals. Given the current state of play, firms will likely only do so if market demands dictate that they do so. Those market mandates will arise when law firms are required to do so by clients, lenders, clients, lateral candidates and to maintain a competitive edge.

The need for these stress tests is urgent and the time to start applying them is now.

Dewey Need to Take a Pledge?

Dewey & LeBoeuf continues to be daily battered in the media. Too many of the slings and arrows now being shot Dewey’s way are self inflicted.

Those with the most to lose seem to be trying to get this ship of state back on course, but are badly losing their way by their failure to assure that they and an important large block of important players will stay the course, come hell or high water. Instead, a Group of Seven would have us believe that if they stick it out, everything will be swell. But, they haven’t provided adequate assurances that they will in fact stick it out. These law firm leaders are not reading from the same playbook and do not shrink from publicly issuing inconsistent statements about critical issues and tepid endorsements for the firm’s future.

Nobody wants to see a law firm fail. Law firm failures are too often the result of malfeasance, misfeasance and nonfeasance at the summit.

The world is waiting for a strong showing of a united and committed Dewey leadership team. It hasn’t happened yet. We all hope to see this united front before it’s too late.

Dewey Shoot the Lifeboats as Our Partners Seek Safety From Our Law Firm in Stormy Seas?

Dewey & LeBoeuf continue to flounder in stormy seas. The bolt to the exits by some important partners now seems to be a virtual stampede.

But, even as the Dewey & LeBoeuf ship continues to be tossed about, the firm’s leadership has taken some pretty awful missteps which does nothing to assure that the firm will find a safe moor. Instead, the leadership seems to be bent on rolling in to more icebergs.

Let’s continue to watch this closely and learn some important lessons.

Trending for Law Firms in 2012: What to Expect This Year

Trending for Law Firms in 2012: What to Expect This Year.

Trending for Law Firms in 2012: What to Expect This Year

Here is the definitive list of items that will dominate the news for the legal profession for 2012.

It’s going to be a challenging year. Please fasten your seatbelts, hold on to the handrail and make sure that your arms and legs do not extend outside your car. We are in for an interesting year.

The Coming Invasion of the Body Snatchers: Are Offshore Law Firms Going to Invade the United States?

The Coming Invasion of the Body Snatchers: Are Offshore Law Firms Going to Invade the United States?.

Law Firms Going Global: A Baedeker Guide

Law Firms Going Global: A Baedeker Guide.

Law Firms Going Global: A Baedeker Guide

United States based based law firms are sprouting offices abroad in epidemic fashion. A global web of offices is often perceived as assuring enhanced revenues and profitability.

Virtually every one of the AmLaw 100 boasts a web of dozens of offices in not only every major business center, but in a variety of improbable foreign cities. These firms largely are convinced that as the domestic economic climate continues to stagnate, they can ameliorate declining domestic business by entering new markets.

But, the fact is that opening foreign branch offices poses substantial risk and requires substantial investment. In addition, the current economic malaise is not exclusively domestic; indeed, major foreign markets, particularly in the Euro Zone, are in a far deeper hole than we find ourselves in.

In looking at expanding a law firm to foreign shores, a law firm must carefully consider the risks. These include the fact that imbuing a foreign office with a law firm’s culture is a daunting challenge. Moreover, a law firm needs to consider the impact of a natural, economic or political upheaval in a foreign nation or region may have on a law firm’s operations in that country.

Additionally, by definition, when a law firm opens a foreign branch office, the law firm either acquires a local firm or recruits local laterals, or both. These newcomers are not imbued with any long term sense of loyalty to the firm. We have often seen foreign lawyers gain a deep understanding of the BigLaw model, develop deep relationships with the firm’s clients and then spin off and form their own firm, not saddled with the huge overhead of a global law firm, thereby having the ability to compete efficiently with the former mother ship, charging lower rates and taking home more money for themselves.

As the reach of law firms spreads, so does the increased likelihood that the firm will find itself enmeshed with client conflicts that will preclude the firm from doing important work for existing clients.

In many areas of the world, bribery and corruption are commonplace. Financial disclosure is often not at acceptable levels. Law firms need to be on heightened alert regarding their clients’ proclivities in engaging in these national past times so that the law firm doesn’t find itself as the target of an FCPA or securities law claim.

Globalization can work for law firms. But it requires heightened diligence and vigilance.

The End of Alternative Fee Arrangements?

Are alternative fee arrangements a relic of the past? After being on the scene for barely two years are they bound for the trash heap?

The answer is resoundingly no. Rather, the market is requiring smarter and more collaborative fee arrangements. The market is also saying that meeting the need for continued reductions in the legal spend is not the sole province of AFA’s.

With the continued reduction in the legal spend, lawyers need to figure out how to deliver more service, higher quality at lower fee structures. Lawyers need to create new efficiencies; they need to learn to work differently. They need to learn to work more collaboratively.

Increasing amounts of work are being sent offshore and law firms as well as general counsel need to develop collaborative working arrangements with these LPO’s.

But, the real key to survival is ongoing collaboration and communication between counsel and client. Lawyers can’t just wait for the client to provide feedback. Most of the time you just won’t get any. A lawyer’s fatal mistake may just be assume that getting a new case from a client is positive and productive feedback. If you do that, the flow of new work may trickle to a halt and you won’t even realize that you have been given negative feedback, until it’s way too late.

Five significant firms failed in 2011. More will crumble next year. As Smokey the Bear says, “only you can prevent a forest fire.”

Citibank’s Third Quarter 2011 Report on Law Firm Profitability: The Good News is That Cash Collections Were Up for the Quarter; The Bad News is There is a Lot More Tunnel at the End of the Tunnel

Citibank’s third quarter report on law firm profitability for 2011 was just issued and while artfully couched in cautious euphemistic terms, there is much in Citi’s reports which should give law firm leaders much to be concerned about. Is it time to don sackcloth and ash? No, but it is certainly time to go to DefCon IV.

While Citi reports that collections for Q3 were strong, expenses are continuing to rise at a faster rate than law firm earnings. Equally disturbing is that corporate demand for legal services continues to decline for the third consecutive quarter and WIP similarly continues to decline. And service partners and counsel are working fewer hours, because there is simply less demand for work. Leverage is declining and the pyramid system only survives insofar as the pyramid has turned completely upside down.

What this tells us is that there is a whole in the bucket and as firms fill their bucket at the trough, more water is escaping than entering. You don’t need to be farmer to know that this is not a very good state of affairs.

Some firms are trying to fill their buckets by actively hiring laterals, which on close analysis does not provide much of a fix, since laterals come at substantial cost.

In short, the news from Citibank is, once again, there’s more tunnel at the end of the tunnel.

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