Strategic Planning in Law Firms: Thinking Like Your Client

OctOber 2012
Thinking Like Your Client: Strategic Planning in Law Firms
Written by:
ALMlegalintel.com 888-770-5647 [email protected]
A report from ALM Legal Intelligence
Thinking Like Your CLienT: Law Firm STraTegiC PLanning
ALM Legal Intelligence 2 3
PREFACE
Thinking Like Your Client: Law Firm Strategic Planning is an ALM Legal Intelligence white paper sponsored by LexisNexis. ALM Legal Intelligence gathered data, conducted interviews, and administered the online survey. Cathy Lazere wrote the report and Jennifer Tonti conducted the survey and was the report editor. We would like to thank all those who participated in the survey and agreed to be interviewed for this report. October 2012
DISCLAIMER
2012 ALM Legal Intelligence. All rights reserved. All information in this report is verified to the best of the authors and the publishers ability. However, neither LexisNexis nor ALM Legal Intelligence accepts responsibility for any loss arising from reliance on it. Neither this publication nor any part of it may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise, without the prior permission of LexisNexis or ALM Legal Intelligence.
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TABLE OF CONTENTS
Introduction ..................................................................................................................................6 Key Findings ..................................................................................................................................6 About the Survey .........................................................................................................................8 Drawing Up the Plan: Setting Priorities ..................................................................................9 Getting the Right Input from Stakeholders ......................................................................... 10 Finding the Right Team: Hiring Laterals and Getting Rid of Nonperformers ................11 Pricing, Productivity, and Profitability ...................................................................................13 Monitoring Client Relations: CRM and Cross-Selling ......................................................... 14 The Future: Empowering Strategic Planning and Planners ............................................. 16 Case Study: Dechert LLP.....................................................................................................17 Case Study: Stinson Morrison Hecker LLP .................................................................... 18 Appendix: Survey Responses .................................................................................................. 19
FOREWORD
ExISNExIS IS ALwAYS PLEASEd To PARTNER wITh ALM MEdIA oN surveys like this. Every time we engage in the simple process of asking questionsand paying attention to the answers you providewe learn more about customers, their needs, the pressures they are facing and how to serve them better. Those insights are vital to our business. So, what did we learn from the latest market engagement? Certainly, youll read through the report and see for yourself, but heres our quick assessment of the results. The level of commitment leading law firms are showing to strategic planning is moving in the right direction, but the rate of substantive progress is still frustratingly slow. There is genuine cause for concern. LexisNexis has spent the past few years highlighting the difference between the practice of law and the business of law; and the lackluster economic conditions over that same timespan have only served to reinforce how important those differences are. Without a doubt, law firms have a thorough and detailed understanding of the practice part; thats their forte. Its the business of law part where shortfalls occur. Revenue is the top priority in most strategic plans. Yet, almost half of the respondents are remiss in building, tracking and measuring client loyalty and satisfaction. Are firms overlooking the direct link between revenue and satisfied customers? Profitability is the second strategic plan priority. But, fewer than half are actively focused on a non-billable hour strategy, and more than half cant yet tell if AFAs are more profitable than hourly rates. AFAs and various pricing models have been around for a few years; they are not going away. Isnt it time to honestly reexamine the elements that make your firm profitable? Talent acquisition/retention holds the third top spot for strategic priorities, although laterals dominate the discussions and, apparently, everyones plans. How sustainable are growth models tied to an on-going musical chairs game of lateral talent shifting from firm to firm? Is anyone focused on a plan for organic growth? Admittedly, the legal community is facing big issues ones that are not easily solved. But the same big issues seem to surface every year, with every survey. In too many ways, the slow pace of change is inhibiting growth and limiting progress. Where are the bold initiatives? Which firms will break away from the pack and say enough waiting; were going to take action and make some changes of our own? Fortunately, those firms are starting to surface. Youll see some of their good ideas profiled at the end of this survey report. You can use their examples and the insights gained from this survey to plan your own proactive steps and make a difference at your firm. Rutger Van der Wall Vice President & Managing Director CRM & Analytics LexisNexis
INTRODUCTION
oRPoRATIoNS INvEST SIgNIFICANT TIME ANd ENERgY oN STRATEgIC plans. They hire armies of analysts and consultants to develop their mid- to long-term strategies, benchmark their company against the competition, and check budgets against actuals to ensure the strategy is working and ROI is achieved. Law firms, on the other hand, devote much less effort to strategic planning as compared with their corporate clients. Historically, they have paid lip service to planning rituals, and tend to be more reactive than proactive in the way they conduct their business. Lately, however, firms are beginning to apply more rigor and discipline to the task of measuring and managing the performance of the firm, perhaps as a response to the Great Recession. Lawyers and legal professionals are being forced to become more active business managers and to go beyond simply servicing clients. There is a need to not only understand the clients legal needs but to also understand their businesses and industries at a deeper level. Firms are drawing upon marketing, business development, market insights that come from business intelligence and metrics, and CRM tools to retain and grow business with existing clients more effectively while also attracting new ones. Theyre paying more attention to practice group and individual performances. In short, they are beginning to run the firm like a businessnot as a collection of billable legal experts.
Key Findings
FIRMS ARE bEgINNINg To IMPLEMENT LoNg-TERM STRATEgIC PLANNINg, buT INTEgRATEd ExECuTIoN oF ThoSE PLANS IS STILL oN ThE hoRIzoN. According to the survey, the top three priorities are: growing a firms revenue, improving firm profitability, and talent acquisition/ retention. One in eight firms said they have strategic plans in place to address the firms priorities, but implementation is not as rigorous as it could be, with many firms lacking the tools and metrics to accurately assess profitability. For many firms, integrating strategy with business development and improving staffing and productivity represent opportunities for improvement and focus in future planning cycles. Case studies in this report will speak to firms who have applied some exactitude in measuring their strategic planning and ROI.
METRICS FoR MEASuRINg FIRM PERFoRMANCE hAvE YET To bE FuLLY ALIgNEd To STRATEgY. When listing the top three measurements for gauging firm performance, respondents cited firm revenue (52%); firm profit (44%); and profit per partner (37%). Respondents also reported they used markers for utilization (30%) and turn their attention to operating margins (24%) to measure performance. However, to truly ascertain if firms are on the right course and how well they will do going forward, firms need to look beyond the usual metrics. They should consider more predictive measures of productivity for individual engagements and practice groups as well as understand the impact of their pricing agreements with clients. They should also try to measure the progress of their new business development and cross-selling endeavors against ROI.
FIRMS REPoRT hITTINg KEY MEASuREMENTS, SuCh AS PRoFITAbILITY, AT ThE FIRM LEvEL buT NoT AT ThE INdIvIduAL CLIENT ANd PARTNER LEvEL. Eighty percent of respondents report that client retention goals are being met. They also report that firm profitability (70%) and revenue growth targets (59%) are being achieved. But when asked about client and partner profitability, the percentage of respondents dropped precipitously to 44 percent and 46 percent, respectively. Key stakeholders in the firm are not making full use of business information and metrics. Survey respondents report that business information is being disseminated through presentations (86%), hard copy or electronic spreadsheets (79%), and portals such as SharePoint (54%). And while all respondents report that managing partners are using the metrics, use of these key business indicators whittles down through the ranks: 85 percent of respondents reported usage by the COO or executive director; 76 percent said that practice group leaders actively use the metrics. Numbers drop further for the CMO (49%) and equity partners (46%). To ensure strategy is executed, all key stakeholders should be involved and informed on the strategy as well as measured against the goals of the strategy to drive business transformation.
uNdERSTANdINg A CLIENTS buSINESS ANd INduSTRY IS ESSENTIAL To A FIRMS dIFFERENTIATIoN FRoM ITS CoMPETIToRS. When asked about their competitive advantage, firms mentioned value and quality of service followed by knowledge of clients business/client relationship and client focus/customer service. Given this, it is surprising that just over half (56%) report that their firm has a plan in place to build, track, and measure client loyalty and satisfaction. Furthermore, when asked if the firm leaders understood the business model of their top 20 clients, only 22 percent said they were extremely knowledgeable of all facets of the business. Clearly there is room for improvement. ThE bIggEST ChALLENgES FACINg FIRMS IN 2012 wILL CoNTINuE IN ThE FoRESEEAbLE FuTuRE. Generating new clients, finding competitive advantage in a stagnant market, acquiring laterals and integrating them into the firm, increasing productivity, managing AFAs to make them profitablerespondents said their firms are contending with a multitude of challenges in 2012. And the future looks like more of the same, with the exception that firms are becoming more dedicated to the use of corporate tools supporting activities such as a strategic planning and enhanced project management. Firms are trying to balance organic (business development, cross-selling) with inorganic growthand it is not yet clear that these strategies can fully succeed with limited management and reporting accountability.
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About the Survey This report, conducted by ALM Legal Intelligence, provides an overview of the law firm business model, how law firm leaders respond to business challenges, and the current state of law firm strategic planning and how that landscape is perceived to be changing. The data were collected via email invitations to a Web-based survey conducted between July 18, 2012, and August 14, 2012. Invitations were sent to managing partners, executive directors, lead marketers, law firm administrators, and COOs at Am Law 200size law firms. Quantitative results from 79 respondents were supplemented by interviews with a crosssection of the group. Respondents came from firms of all sizes: 48 percent from firms with 100250 attorneys, 23 percent from firms with 251500 attorneys, and 30 percent from firms with more than 500 attorneys. To complement the statistical measurements and survey responses covered in this study, a couple of narrative examples were added to the mix profiling two successful Am Law 200 firms. Insights gained from their stories can serve as best practice examples showcasing how to turn strategies and plans into tangible actions. In reaching the implementation and executional phases of their plans, both firms are demonstrating considerable success at the practice of law as well as the business of law.
DRAWINg Up ThE pLAN: SETTINg pRIORITIES
hEN ASKEd AbouT ThE FIRMS ToP ThREE buSINESS STRATEgY priorities, respondents cited growth in revenue, getting a handle on talent, and increasing profitability. The majority report that they have strategic plans in place to address these priorities, but when pressed, many of our follow-up interviews revealed that implementation is Which of the following are the top three (3) priorities for your firm, according to firm leaders? not as rigorous as it could be. Part Growing the firms revenue of the problem is that firms do not Talent acquisition and retention 59% consistently define measurements Improving firm profitability 54% and milestones through which to assess progress. As a result, actual Client performance management and client satisfaction measurement 32% success rates in executing plans Growth through cross-selling 29% vary widely. To further complicate Improving billing and collections 15% the situation, linking strategy Managing succession plans 13% to actionable plans in business Understanding client industry trends 10% development, efficiency, productivity, Growth through mergers or acquisitions 6% and staffing is complicated, requiring Mitigating risk 5% knowledgeable resources as well as Improving realization rates 5% actionable information and tools. In the past, firms focused too Opening domestic offices 3% much on aggregate profitability; now under a trying economy theyre realizing that some practices are more profitable or vulnerable than others. Their response is often to simply go after the business that will be more likely to yield profits and put fewer resources (such as new associates or marketing spend) in some of the lessprofitable areas. That approach doesnt always yield the desired results. There are often divergent levels of growth, productivity, and profitability across practice areas. One respondent mentioned that the biggest challenge facing his firm was keeping the oars of the major revenue generators in the water rowing in the same direction given a wide variety of profitability among business generators. The perception is overwhelmingly that partners drive planning, even when there is ample input from sources such as COOs, marketers, or firm administrators who may have similar levels of understanding about clients industries and needs. About 20 percent said consultants and other nonbillable staff are involved in the strategicplanning process. In follow-up interviews, respondents confirmed that the process is still driven by managing partners and other C-levels in the firm. The result: a knowledge gap without enough input from nonattorney sources beyond the leadership group, sources who might better understand clients industry and business needs. Still, at the end of the day the legal world is fluid, and the best laid plans are often scuttled. Partners can pick up their book of business and leave at any time, noted one interviewee. In order to mitigate partner flight, some respondents noted that their firm is putting more effort toward employee retention. Training is one piece of this, but firms are also trying to become more amenable to lifestyle and generational differences in their partners and associates. For example, younger attorneys may have a greater focus on work/life balance, since they are more apt to spend time with their (young) families relative to their older colleagues.
66%
gETTINg ThE RIghT INpUT FROM STAkEhOLDERS

IRMS ARE FACEd wITh ThE ChALLENgE oF CoMINg uP wITh NoT oNLY individual practice group strategies, but an overall firm strategy. As expected, 89 percent of respondents said partners gave significant input to strategic plans. But not all are committed to the strategy after its been formulated. The owners of the strategy need to be engaged, said W. Russell Welsh, chair and CEO of Polsinelli Shughart. Sometimes details get lost. Plans are not driven down as deep as they should be, he added. Bo Yancey, director of consultants with LexisNexis Redwood Analytics agreed. Successful strategy execution starts by understanding and interpreting business insights and then translating those insights into actionable Successful strategy execution starts by understanding measures that can be used to and interpreting business insights and then translating manage a firms performance. In those insights into actionable measures that can be used our work with firms across the to manage a firms performance. In our work with firms country, we see that when the across the country, we see that when the executive executive leadership mandates leadership mandates goals, educates partners and firm goals, educates partners and firm leaders, and then measures success, change in practice leaders, and then measures success, becomes reality. change in practice becomes reality. Bo Yancey, director of consultants with LexisNexis Redwood Analytics To help professionalize strategic planning and drive execution, firms are turning to nonattorneys. Sixty-two percent of respondents cited the involvement of nonbillable firm leaders such as CMOs, and CFOs/COOs. When I first got here, noted one CMO, there was not a lot of planning. Now we do a lot. We have seven full-time people in marketing. Were implementing new technology to create efficiencies. Its now a thoughtful, step-by-step process. Were no longer shooting from the hip. However, there is great variability as to how much attention is being paid to the expertise of nonattorney senior staff. The acceptance of nonattorney input depends on the vision or force of personality of a chair who can influence the managing committee and partners to buy the suggestions of the firms financial and marketing experts or their consultant counterparts (21 percent of firms surveyed are turning to outside consultants and other third parties for further help developing the strategic plan).
FINDINg ThE RIghT TEAM: hIRINg LATERALS AND gETTINg RID OF NONpERFORMERS
hEN gAugINg ThEIR CoMPETITIoN, FIRMS LooK AT LIKE FIRMS: firms with a similar geographic presence (73%), firms with similar key areas of expertise (58%), and firms of a similar size (55%). To compete in an increasingly tough legal market, 70 percent are making adjustments to their leverage ratio of nonpartners to partners. They are also turning to lateral acquisitions, with three-quarters expecting to hire more laterals over the next five years. These acquisitions can have an increasingly positive What criteria do you evaluate when you compare yourself to competitors? effect on firm profitability; Please indicate the three (3) most important. however, when asked to Firms with a similar geographic presence 73% look back over the last Firms with similar key areas of expertise 58% five years, only 28 percent Firms of similar size (number of attorneys) 55% of respondents said their Firms with similar levels of profitability, e.g. profits per partner 26% lateral strategy was very effective. Given that most Firms with similar Am Law or NLJ rankings 21% firms cite lateral acquisition Firms that have relationships with my client contacts 17% as a key growth strategy Firms that have relationships with my firms target prospects 13% and the success rate is only Firms that generate similar revenue 13% marginally effective, the Specialist / boutique 6% question begs: What will Firms with similar growth strategies 5% the ultimate success be? In Firms with similar strategic partnerships 1% addition, if just about every GC preference for use of inside vs. outside counsel 1% firm is using this strategy Firms with similar hiring strategies 0% to increase profitability, Client preference for Legal Process Outsourcers (LPOs) or 0% these firms will have trouble alternative legal providers differentiating themselves 3% * Other (please specify) when everyone is dipping into the same pool of talent. An emerging trend is the increased use of tools and data to supplement existing processes for laterals, so that they are better able to hit the ground running. We have yet to see the longer-term implications this has for the apprenticeship model so pervasive across the legal profession. At some point down the road, there may not even be enough laterals to fuel growth. An influx of new blood is sometimes the answer; however, in recent years the importance of summer associates and firstyear hires has fallen behind prerecession levels (only 15 percent of firms foresee hiring more of either group). Given the assessments offered above on the effectiveness of lateral strategies, significant room for improvement remains in terms of executing on these strategies. One way is to use tools and data to understand who are the best clients, so the firm can actively seek new clients that match a similar profile, leveraging existing expertise to win new relationships. Separately, firm leaders can continue to cross-sell lateral expertise to where the white space is in the client base.
Five years from now, how do you think each of these staffing categories will have changed in size (vis--vis FTE headcount)?
Will Increase Lateral associate hires Lateral partner hires Contract attorneys Retention and development of firm leaders Non-Equity Partners Equity Partners Paralegals Outsourcing to LPOs Summer associates First year associate hires 74% 72% 65% 63% 54% 45% 37% 27% 15% 15% Will Remain the Same 19% 24% 32% 33% 28% 31% 51% 57% 64% 62% Will Decrease 6% 4% 3% 4% 18% 24% 12% 16% 21% 23% Responses 78 78 78 78 76 78 78 70 78 78
Not all partners are effective business-generators, however. Nine out of 10 firms report that their firm has unprofitable partners, and 70 percent noted that errant partners are at risk of deequitization or being put on a performance plan. In challenging economic times the issue has bubbled up to the surface. Partners who arent contributing to the firms profitability are under increased scrutiny, as these nonperformers can affect the firms overall health. When asked what the biggest challenge facing the firm was in 2012, one respondent mentioned [getting] the rogue partner out of the firm and adjusting the proper level of attorneys for the level of work. Another respondent noted: There are too many partners without sufficient billable work. Our attorneys need to become client development experts rather than expensecutting experts. Clearly, when it comes to partners, there is a gap between performance measurement and performance management. This is something that may change over time, as professionals continue to transform themselves into more active business managers.
pRICINg, pRODUCTIvITy, AND pROFITABILITy
Aw FIRMS CoNTINuE To STRuggLE To REMAIN PRoFITAbLE IN ThE wake of the economic downturn. We asked respondents to tell us how they had coped during the last year and to divide their priorities into short and longterm fixes. The top three shortterm tactics were switching to less expensive vendors, reducing or eliminating summer associate programs, and deequitizing partners. But as indicated earlier, the implementation of the last tactic doesnt always occur. The top three longerterm tactics mentioned were crossselling, investing in technology, and acquiring practice areas. The most aggressively In which of the following ways, if any, has your firm taken any steps in the past 12 months toward pursued growth options for Am managing profitability through cost-cutting or revenue growth as a response to the current economy? Lawsize firms are business Please tell us if each plan is part of a long term strategy, or a short term trend by dragging each development (84%), acquiring statement to its appropriate box. laterals (76%), and partner Long Term Strategy Short Term Trend investments (71%). Regarding Cross-selling 65% 8% pricing strategies (such as Investing in technology 56% 8% alternative fee arrangements), Acquiring practice areas 44% 8% only 45 percent are actively Switching to less expensive vendors 14% 18% focused on a nonbillablehour De-equitization of partners 13% 15% strategy right now, but firms are Benefit reductions 5% 3% closely monitoring pricing. The Reducing or eliminating summer associate program 4% 16% COO is tracking AFAs, said Cuts in IT spend or internal spend 3% 6% one CMO. Theres a formula Pension cuts 3% 1% he uses for figuring out the Cuts on face-to-face business development activities, such as 3% 6% entertaining clients or golf outings realized hourly rate. We really Layoffs 1% 11% dont know for sure if AFAs are Bonus cuts or freezes 1% 11% working. Every RFP now asks Cuts on business development networking activities, such as attending 1% 8% for it. They have a set budget for conferences or holding client seminars litigation and want to find a way Salary cuts or freezes 0% 9% around just a monthly bill. To that end, 56 percent echoed that it is too soon to tell if AFAs are more profitable than hourly rates. Still, in the minds of clients at least, AFAs are here to stay1. It is unlikely that companies will want to revert to the more casual and costly pricing of earlier days, so its incumbent upon firms to continually measure the productivity of their engagements and client satisfaction. Even if the economy improves, firms will need to find ways to deliver more cost predictability so they can be more responsive to their clients and the firms financial needs.
1 Refer to the ALM and LexisNexis CounselLink report Speaking Different Languages: Alternative Fee Arrangements for Law Firms and Legal Departments for more details.
MONITORINg CLIENT RELATIONS: CRM AND CROSS-SELLINg

hEN IT CoMES To CLIENT SATISFACTIoN, LAw FIRMS PAY A LoT oF LIP service to the need for engagement, with little follow-up. Just over half (56%) of respondents reported they have a plan to track client loyalty and satisfaction, while 44 percent admitted they didnt have any kind of systematic program or were unsure if a program existed. For those firms who do have a program in place, there was wide variability about the frequency of monitoring that program: 45 percent said they do this on an annual basis, but an almost equal amount (47%) noted they did it only episodically, on a casebycase basis or that such measurements were rarely ongoing. Too many firms are lackadaisical not only about systematic clientsatisfaction measurements, but also about targeting new clients. Although every firm said they could identify the firms top five clients, when asked about how knowledgeable firm leaders are about key business drivers for their top 20 clients, only 22 percent reported that they were extremely knowledgeable. Clearly there is room for improvement in the client relationship management arena, for both existing and potential clients, particularly when the majority of firms claim that knowledge of their clients businesses is a source of competitive advantage. One ought to be able to name future clients, said a CMO. Just dont cast bread upon the water or take a shotgun approach. If you want to be known to counsel of five new corporations, just communicate with those five counsel. The more that a law firm concentrates on naming companies and individuals, the more effective theyll be, he added. Firms are at least aware that once they have a client, they have to work at keeping that client. The top three things that respondents thought their firm should change about client relationships were increasing the amount Which aspects of your firms relationship with clients would you most like to change in 2012? Please of work from key rank all that apply in order of importance, with 1= Most Important. clients (vs other firms), 37% improving profitability, The amount of work we get from key clients versus with other firms and improving Improve profitability 32% client relationship Improve client relationship management 28% management. Better focus on profitable clients v. high-cost clients 26% But none of those Institute better / new project management practices 24% goals come to fruition without a systematic Provide higher service levels 21% customer relationship Differentiate work from competitors work 16% management (CRM) Institute client satisfaction surveys / interviews 9% effort on behalf of the Improve trust in the client/firm relationship 4% firm. Attorneys have
In the legal field, we need to restore real come around to being customercentric, not just relationships. We need to look at the business providers of legal services. They need to think of issues behind the legal issueswhats value-added services, said a CMO. His firm relies on post-engagement assessments. If a problem is detected, worrying counsel. We need to be a bedside the chair goes on a client call. doctor as opposed to a remote clinician. Our survey interviewees mentioned advertising, social media, and in-person customer contact as the most useful techniques in keeping in touch with clients. After a few years of hesitancy in this area, some firms are now encouraging their attorneys or someone in marketing to blog periodically. One example of proactive social media outreach would be a firm regularly sending out alerts on what they think might be relevant legislation to a clients business. Social media is not the panacea of client relations, however, and attention must be paid to accuracy and relevance. If the alerts are out of date or aimed at the wrong target, they could ultimately undermine a firms attempt to appear knowledgeable of a clients business or industry. However, use of social media in the absence of a client acquisition and retention strategy managed with appropriate tools dilutes the power of social media engagement. Individually managed and ad hoc communications can ultimately dilute the firms message and presence in the market, and negatively impact business development efforts. Some interviewees have concluded that old-fashioned client contact is still most important. Said one CMO: In the legal field, we need to restore real relationships. We need to look at the business issues behind the legal issueswhats worrying counsel. We need to be a bedside doctor as opposed to a remote clinician.
ThE FUTURE: EMpOWERINg STRATEgIC pLANNINg AND pLANNERS
uR RESEARCh hAS ESTAbLIShEd ThAT MoST FIRMS ARE oN boARd with strategic planning. But to ensure smooth sailing in the future, theyll need to determine who will lead versus support these efforts. In a partnership structure, that can be difficult. I report to the COO, but 150 bosses are running the firm, said one CMO at a national law firm. Firms will need to elevate department heads to make decisions. Empowerment comes from the top, but firms are slow getting there, he added. If the chair is fully engaged in strategic planning and empowers the COO, the CMO, partners, and everyone else to get involved, operations run smoother. The goal is to dispel my own myopia and take a longer view, said Andrew M. Smulian, chair and CEO of Akerman Senterfitt. The key element is dealing with all of the constituencies. Clients who ask why they want to use us. Associates who ask why do they want to work with us. Why should partners want to invest with us? And what is our societal purpose? We need to integrate all this. But having the chair and senior nonattorney staff involved is not enough. Some firms are even contemplating creating the position of director of strategy with a standing committee to drive planning over threetofive year horizons. This position would also be charged with helping to ensure that the strategy was updated as needs changed. And more and more firms will also consider practice group administratorsnonattorneys, possibly MBAs, similar to financial analysts in law firmswho could help with strategy implementation through monitoring performance and profitability measurements in each practice group. But even if a firm doesnt change its existing infrastructure to include more planners, it will still need to plan. Ultimately, the success of the any firms strategic plan hinges on two key factors: first, on the partners knowledge of the business principles, and second, on the partners ownership and accountability in execution of the plan, said Bo Yancey, director of consultants at LexisNexis. When firm leaders are educated on business metrics, firm performance and the financial health of the firm, we see transformation in overall financial and business performance.
CASE STUDy: Stick
to the plan: Dechert LLp

course, practice leaders and managers can get a more comprehensive look at bookings, billings, work in progress, realization totals, and other key metrics tied to business goals. There are no silver bullets or quick fixes involved in any of this, stated Cybulski. It has been and remains an ongoing, evolutionary process that takes time; were still trying to find our way and make adjustments on a regular basis. He acknowledges how difficult it has been to shift attorney interests from the law toward sales-related activities, business issues and delivering the numbers. Some of them make the transition right away; they get it, and fundamentally know how to leverage client relationships, identify cross-sell opportunities and easily win new business. For others, it takes a little more work and effort. We try and make it as easy as possible for everyone because in the end we all have a role to play in the sales process. In many respects, what drives success at Dechert is the unwavering commitment and consistency that continues to come from the senior leadership team. The plan, goals, metrics, and dashboards are socialized and regularly discussed across all levels of the firm; in turn, performance and measurement have become part of the everyday culture. Were almost following a textbook model, concluded Cybulski. Information creates knowledge, which gets translated into action, resulting in a bonus. Rewarding good behavior and performance with financial incentives just starts the cycle all over again. I dont believe anyone wants to deviate from that model. However, the model is one that is constantly being reexamined and refined in this rapidly changing environment. Just because a plan of action has worked in the past does not guarantee that it will work in the future.
With 26 offices around the globe and more than 800 lawyers, creating a strategic plan became a critical imperative for Dechert LLPa necessary step taken to align all the firms resources and focus them on the same goals. Decherts senior leadership reached that important conclusion coming out of the economic difficulties faced in 2008 and 2009, according to David Cybulski, Director of Business Intelligence for the firm. The leadership team realized industry conditions were changing and wanted the firm to have its own strategic vision in response. Maybe its no more insightful than people looking inward when difficulties occur, but we knew we needed to understand more about where we were going, how we were going to compete, and how big we could become. We wanted to set our own course instead of being pushed around by change; that was the impetus behind a more disciplined approach. The firm turned to an outside consultant for guidance in crafting a five-year strategic plan. Direction came right from the top, with hands-on involvement from the CEO and chairman, and reached down to director-levels throughout the firm. Everything jumped into high gear after the direction was set, said Cybulski. Elements of the strategic plan were distributed as appropriate, and the senior managers began adding tactical plans, executional details and financial metrics that made it all very real and very measurable. Cybulski believes that technology and the commitment to share information played a big part in what the firm has been able to accomplish. With goals and metrics firmly established, the systems and applications also were in place so everyone, especially timekeepers, could easily track their productivity and progress. Monthly reports go out on a regular schedule, he said, but individuals can access up-dodate dashboards and information 24-hours-a-day, even if theyre just tracking hours as their contribution. Of
CASE STUDy: profitability
By the Numbers: Stinson Morrison hecker LLp

management. Clients want to negotiate, they want to get a good deal, and they want to be treated fairly, said Doerfler, but they dont want to deny profitability. They understand the business model and how it works, often better than we do. That means Stinson attorneys have to be a bit more creative sometimes in meeting profitability benchmarks; it also means saying no when the conditions arent right. Doerfler believes that clients appreciate the honesty and transparency demonstrated when negotiations and discussions occur; overall, it builds a lot of trust. Building trust internally also involves a lot of the same techniques, according to Doerfler, including keeping the focus on the customer. When youre talking pricing and profitability and whether to take a deal or not, focusing on clients is critical, he said. It quickly removes overhead and other internal calculations from the discussions, and adds balance to deciding if a deal is good for both the firm and the client. Its tough to challenge the methodology, process, or the intent. The element of trust also has placed Doerfler and his growing department in a central role at the Stinson. Currently, the group is tracking the performance on more than 50 different fee arrangements as part of their ongoing processes. The systems at their disposal contain a few hundred budgetary models that assemble thousands of financial components involved in the pricing and billing of every client project. Our goal, offered Doerfler, is to be the trusted experts for our attorneys and manage all that financial complexity for them. In fact, project management is part of the job description for all our billing specialists. When Doerflers team does their job well, which has been the case so far, there are no surprises at the firm, there are no surprises for the clients, attorneys can pursue the practice of law, and Stinson can be successful at the business of law profitably.
The strategic focus for Stinson Morrison Hecker grow the client base and grow the work we do for clientsis probably identical to hundreds of other law firms across the country, except for a single word appended at the end of their sentence: profitably. Doug Doerfler, Chief Financial Officer at Stinson, explains how that one word sets the operating model for some 300 attorneys spread across the nation in eight offices. We are relentless in our focus on profitability; I admit it. We dont make compromises, we dont do oneoffs for special discounts, and we wont accept work just to keep timekeepers busy. That approach has cost us clients and work; but, it has also kept the firms productivity, growth rate, profitability, and profits per partner all heading in the right direction, which is up. Surprisingly enough, the catalyst for this approach came a few years ago from the professional services team of a primary software supplier; their encouragement was to focus on the elements of profitability instead of just revenue. With buy-in from the CEO, COO and key partners, the strategic direction was set. Today, weve got the financial tools and business intelligence technology in place to keep us all on track, commented Doerfler. Across the firm, our people know what the benchmarks are and have become very comfortable talking about pricing, rates, net margins, leverage, realization and similar topics. More importantly, theyve got enough knowledge to understand how those subjects interrelate and why theyre important. Shifting the Stinson culture to a more disciplined approach has taken over two years of effort. It began with the practice group chairs and getting their buy-in, and then rolled out across the rest of the firm. However, according to Doerfler, one critical component that makes the model work well has been a focus on the client. Externally, that focus has resulted in a lot of discussions and earnest attempts to understand the pressures clients face in their business and from their own
AppENDIX: SURVEY RESPONSES
1.
Which of the following are the top three (3) priorities for your firm, according to firm leaders?
Growing the firms revenue Talent acquisition and retention Improving firm profitability Client performance management and client satisfaction measurement Growth through cross-selling Improving billing and collections Managing succession plans Understanding client industry trends Growth through mergers or acquisitions Mitigating risk Improving realization rates Opening domestic offices 15% 13% 10% 6% 5% 5% 3% 32% 29% 54% 59% 66%
2.
Does your firm currently have a strategic plan in place to address these firm priorities?
3% 18% Yes No Not sure
80%
3.
Who is responsible (meaning, members of this group gives significant input) for developing the strategic plan? (Check all that apply.)
Partners Non-Billable Firm Leaders 3rd Party Organizations (e.g. Consultants) Non-Billable Staff Other (please specify)*
*The top 3 Board of Directors
89% 62% 21% 19% 11%

Senior Managment Executive Committee Managing Committee; COO Board of Directors
4.
Which resources or tools aid in the development of your strategic plan. Choose any that apply.
Financial analysis & reports (internal) Business intelligence Financial analysis & reports (e.g. benchmarking) from an third-party vendor Industry reports Management Consultants Client relationship management tool Financial advisors (external) Firm leadership 5% 2% 23% 48% 56% 56% 76% 94%
5.
As part of your firms plan, which growth options, if any, is your law firm planning or pursuing in the next two years? (Choose all that apply.)
Acquiring laterals Business development Pricing strategies, such as alternative fee arrangements Lawyer professional development Client relationship management Introducing new technology Project or knowledge management Acquiring practice groups Acquiring law firm/s Top line revenue growth to fund investments Making acquisitions Opening new U.S. office/s Considering merger offers Partnering with overseas firms Partner Investments (Retention of Earnings) Outsourcing functions / commodities Regional centralization of operations Opening new international office/s Extensions of lines of credit Outside investments Other 12% 10% 9% 9% 8% 6% 4% 3% 3% 36% 36% 31% 29% 44% 58% 54% 72% 71% 65% 96% 94%
20 40 60 80 100
6.
How aggressively is your firm planning on pursuing these options?

4: Aggressively Pursuing Business development Acquiring laterals Partner Investments (Retention of Earnings) Top line revenue growth to fund investments Client relationship management Extensions of lines of credit Partnering with overseas firms Project or knowledge management Lawyer professional development Opening new international office/s Introducing new technology Outside investments Pricing strategies, such as alternative fee arrangements Acquiring practice groups Making acquisitions Opening new U.S. office/s Acquiring law firm/s Outsourcing functions / commodities Regional centralization of operations Considering merger offers 84% 76% 71% 68% 67% 67% 63% 62% 62% 60% 51% 50% 45% 38% 38% 35% 30% 29% 17% 0% 3: Seriously Considering 14% 19% 0% 32% 29% 33% 25% 31% 35% 20% 42% 0% 54% 44% 46% 35% 44% 71% 33% 44% 2: Exploring the Possibility 3% 5% 29% 0% 4% 0% 13% 7% 4% 20% 7% 50% 2% 15% 17% 26% 22% 0% 33% 44% 1: On the Radar, Haven't Looked Deeply 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 3% 0% 4% 4% 0% 17% 11% Responses 73 75 7 28 49 3 8 42 55 5 45 2 56 34 24 23 27 7 6 9
7.
Which of the following metrics are most important to your firm as you manage firm performance? (Choose three)
Firm Revenue Firm Profit Profit per Partner Utilization Operating Margin Expenses Revenue per Partner Realization New Business Acquisition Profit by Practice Area Leverage Cross-Selling metrics Revenue by Practice Area Client Retention metrics Other (please specify) 6% 6% 5% 4% 4%
Attorney Productivity
52% 44% 37% 30% 24% 24% 23% 20% 10% 9%
*Individual partner performance measured broadly
8.
Which of the following metrics has the greatest impact on partner compensation decisions in your firm?
Choose All that Apply Collections Firm Profit Billings Client Business Development Revenue per Partner Utilization Profit per Partner Realization Firm Revenue Profit by Practice Area New Business Acquisition Leverage of book of business Operating Margin Revenue by Practice Area Cross-Selling metrics Client Retention metrics Expenses Other 78% 57% 72% 71% 43% 52% 39% 77% 53% 29% 52% 47% 28% 19% 41% 18% 25% 5% Choose Primary 27% 18% 13% 11% 10% 10% 8% 8% 6% 5% 5% 5% 4% 3% 3% 1% 1% 5%
9.
Who is/are the key stakeholder(s) using firm metrics? (Please check as many as apply.)
Managing Partner(s) COO, Executive Directors Practice Group Leaders CMO or Business Development leader Equity Partners Legal Administrators Non-Equity Partners CIO All Attorneys Other (please specify)*
*CFO Chief Practice Officers
100% 85% 76% 49% 46% 14% 13% 6% 4% 15%

Board and Compensation Committee Executive Committee
10. How does the firm share key business information with firm leaders? (Choose all that apply.)
Presentations (Hard copy or electronic) Spreadsheets (Hard copy or electronic) Internal Firm Portals (e.g., SharePoint) Reporting Dashboards self-developed Reporting Dashboards Vendor developed Other (please specify)*
*Monthly Financials Quarterly Meetings of Firm Leaders
86% 79% 54% 45% 21% 3%
11. Regarding the following measures, has your firm been meeting its internal goals?
Yes Client retention Firm profitability Firm revenue growth New client growth Partner profitability Client profitability 80% 70% 59% 53% 46% 44% No 5% 25% 38% 34% 41% 38% Not sure 15% 5% 3% 13% 13% 18% Responses 79 79 78 77 78 77
12. What criteria do you evaluate when you compare yourself to competitors? Please indicate the three (3) most important.
Firms with a similar geographic presence Firms with similar key areas of expertise Firms of similar size (number of attorneys) Firms with similar levels of profitability, e.g. profits per partner Firms with similar Am Law or NLJ rankings Firms that have relationships with my client contacts Firms that have relationships with my firms target prospects Firms that generate similar revenue Specialist / boutique Firms with similar growth strategies Firms with similar strategic partnerships GC preference for use of inside vs. outside counsel Firms with similar hiring strategies Client preference for Legal Process Outsourcers (LPOs) or alternative legal providers Other (please specify)*
*Firms with similar revenue per lawyer
73% 58% 55% 26% 21% 17% 13% 13% 6% 5% 1% 1% 0% 0% 3%
Firms that may have lower rates.
13. Regarding your current non-partner to partner leverage ratio, do you believe the firm is optimally resourced to provide exceptional client service while also growing firm business?
3% 28% Yes, staffing is fine as it is No, we need to make adjustments Not sure
70%
14. Five years from now, how do you think each of these staffing categories will have changed in size (vis--vis FTE headcount)?
Will Increase Lateral associate hires Lateral partner hires Contract attorneys Retention and development of firm leaders Non-Equity Partners Equity Partners Paralegals Outsourcing to LPOs Summer associates First year associate hires 74% 72% 65% 63% 54% 45% 37% 27% 15% 15% Will Remain the Same 19% 24% 32% 33% 28% 31% 51% 57% 64% 62% Will Decrease 6% 4% 3% 4% 18% 24% 12% 16% 21% 23% Responses 78 78 78 78 76 78 78 70 78 78
15. As you evaluate your lateral strategy in the past five years, how would you rate its effectiveness?
Very Effective most Laterals have been retained and contributed to business growth Moderately Effective Some retention or growth issues as well as some positives Neutral No positive or negative impact Negative Retention and/or growth issues with lack of results No opinion 1% 4% 6% 28% 61%
16. Which of the following areas would you say most closely describe your firms competitive advantage? Choose the top 3.
Value of service Quality of service performed Client focus / customer service Knowledge of clients business / client relationships Subject matter / industry expertise Firm culture Competitive rates Industry expertise/relationships Loyal client base Strong firm leadership Innovation Firm practice area coverage Firm geography Wide spectrum of industries served Other 4% 1% 11% 10% 8% 16% 14% 19% 22% 25% 29% 28% 32% 37% 44%
17. Which roles are responsible for Business Development in your firm (Please check all that apply)
Partners Marketing Business Development Associates Other ("All staff; everyone") 4% 47% 62% 77% 99%
18. Which best defines the structure of marketing and business development roles in your firm?
Marketing and business development are one department Marketing and business development are two distinct departments 4% 96%
19. Does your firm have a plan in place to build, track and measure client loyalty and satisfaction?
3% Yes No Not sure 41% 56%
20. If your firm has a client loyalty and satisfaction program, how often do you measure it?
Annually Monthly After each matter closes Other 2% 6% 47% 45%
21. Do you know who your firm considers its top five (5) clients in terms of revenue?
Yes 100%
22. Rate how well your firm leaders understand the business model / drivers of the business of your top 20 clients, including their business models, earnings, financial performance, P&L, growth strategy, executive leadership, board members:
Extremely knowledgeable on all Knowledgeable on some, not all Knowledge of a few Not Knowledgeable 1% 14% 22% 63%
23. Which aspects of your firms relationship with clients would you most like to change in 2012? Please rank all that apply in order of importance, with 1= Most Important.
The amount of work we get from key clients versus with other firms Improve profitability Improve client relationship management Better focus on profitable clients v. high-cost clients Institute better / new project management practices Provide higher service levels Differentiate work from competitors work Institute client satisfaction surveys / interviews Improve trust in the client/firm relationship 4% 9% 16% 21% 28% 26% 24% 32% 37%
24. In which of the following ways, if any, has your firm taken any steps in the past 12 months toward managing profitability through cost-cutting or revenue growth as a response to the current economy? Please tell us if each plan is part of a long term strategy, or a short term trend by dragging each statement to its appropriate box.
Long Term Strategy Cross-selling Investing in technology Acquiring practice areas Switching to less expensive vendors De-equitization of partners Benefit reductions Reducing or eliminating summer associate program Cuts in IT spend or internal spend Pension cuts Cuts on face-to-face business development activities, such as entertaining clients or golf outings Layoffs Bonus cuts or freezes Cuts on business development networking activities, such as attending conferences or holding client seminars Salary cuts or freezes 65% 56% 44% 14% 13% 5% 4% 3% 3% 3% 1% 1% 1% 0% Short Term Trend 8% 8% 8% 18% 15% 3% 16% 6% 1% 6% 11% 11% 8% 9%
25. At what levels does your firm measure profitability? (Please Select all that apply)
By Client By Partner By Matter By Working Timekeeper By Billing Timekeeper By Originating Timekeeper Other (please specify)*
*by practice group by firm
81% 65% 61% 52% 49% 42% 16%

by practice area and geographic office
26. Does the firm have unprofitable partners?

5% 4% Yes No Not sure
91%
27. Are these unprofitable partners at risk of de-equitization or removal?

Yes, theyre on a performance plan 18% 11% No Not sure
70%
28. Has your law firm studied past expenses on matters in an effort to plan for similar engagements?
Yes, weve studied internally Yes, weve used a consultant to help us figure that out No Not sure 1% 1% 12% 86%
29. How often in the life cycle of a matter do you look at profitability? Choose any that apply.
Daily Weekly Monthly Annually At Completion Never 12% 31% 44% 0% 5% 42%
30. What does your firm do with profits? Please check all that apply.
Percentage distributed to equity partnership Percentage to non-equity partners Percentage reinvested in firm Percentage to Associate Bonuses Percentage in escrow for future need Other 15% 17% 46% 55% 53% 96%
31. How do alternative fee arrangements affect firm profitability? As compared to projects billed at an hourly rate, are your firms non-hourly projects more or less profitable?
More profitable Less profitable Too soon to tell Dont know / Cant say 9% 12% 23% 56%
AppENDIX: DEmOgRaPhicS
1.
Size of firm
101 to 250 attorneys 251-500 attorneys 501-750 attorneys 751-1,000 attorneys More than 1,000 attorneys 8% 9% 13% 23% 48%
2.
How long have you been at your firm?

Less than one year One to three years Four to five years Six to ten years More than ten years 6% 14% 62% 1% 16%
3.
Your firm has ...

One office 4% Multiple offices
96%
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Strategic Planning in Law Firms: Thinking Like Your Client

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OctOber 2012

Thinking Like Your Client: Strategic Planning in Law Firms

ALMlegalintel.com 888-770-5647 [email protected]

A report from ALM Legal Intelligence

Thinking Like Your CLienT: Law Firm STraTegiC PLanning

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DRAWINg Up ThE pLAN: SETTINg pRIORITIES

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gETTINg ThE RIghT INpUT FROM STAkEhOLDERS

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pRICINg, pRODUCTIvITy, AND pROFITABILITy

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MONITORINg CLIENT RELATIONS: CRM AND CROSS-SELLINg

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ThE FUTURE: EMpOWERINg STRATEgIC pLANNINg AND pLANNERS

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CASE STUDy: Stick

to the plan: Dechert LLp

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