Law Firms Face a Triple Management Threat

Robert C. Mattern of Mattern & Associates LLC has an excellent piece on Law.com about how well-managed firms can survive and thrive in the current climate.  In his article, entitled How to Face a Triple Threat: The impact of economy, cost recovery and alternative billing on Big Law, Mr. Mattern outlines the three threats facing firms today, and how a nimble management structure can allow a firm to take advantage of these challenges:

While everyone is talking about the current economic situation and the impact it has had on attorneys, it is only one facet of a three-pronged attack on the operational side of law firms and how they manage the practice of law. The other issues law firms are facing are the changes in the cost recovery landscape, and the increase of alternative fee arrangements. As with the current economic situation, both of these areas represent opportunities for the firms that embrace and adapt to the changes that are occurring in the marketplace.

Mr. Mattern notes that in the current economic climate, firms must gear their services and use of technology to respond effectively to the ups and downs of turbulent financial conditions.  He also points out that while many firms have moved to scanning and printing documents rather than copying them, most firms have failed to institute new cost recovery programs to recover the cost of scanning and printing.  Finally, he discusses the challenges in dealing with cost recovery under flat fee and performance-based billing arrangements.

Mr. Mattern's article captures three of the serious challenges being faced by law firms today. Add to these burdens inflated associate compensation structures, ever increasing outside vendor costs and decreased matter volume, and it is clear that law firms have their management hands full.  

If You Can't Tell Your Client What It's Going to Cost, She'll Hire Someone Who Can

Imagine you need to hire a courier service for your law firm.  A business associate gives you a name, and you call the courier in for a meeting.  He tells you he is the best courier in the business.  You ask how much to deliver a package across town.  This is where is gets weird.  He says he can't tell you.  It's too unpredictable.  He could get caught in traffic.  The recipient office could be closed, and he may have to go back twice.  He might have other jobs that day.  But, he says, if you agree in advance to pay him whatever it ends up costing, he'll send you an invoice after he does the job.  You, of course, are outraged.  Does he not know his business?  Does he not know his overhead so he can calculate a fair price?  You throw him out of your office and call someone else. 

When clients hire you, why should their expectations be any different?  Why can't they get a handshake and a price up front, before they hire you?  Without a doubt, managing complex litigation requires hard work and exceptional management skills. Those of us who are hired to handle such cases must manage our case team, our client, our witnesses, our judge, our opponent, the avalanche of documents, and ultimately the jury.  Historically, we had the luxury of not having to worry too much about the fees and expenses. After all, this was a huge case for our client, and they knew lawyers were expensive. They wanted to win, whatever the cost.

Those days are gone. No client who wants to stay in business in this era of global competition will give you a blank check and send you to war.  Our well-managed clients know that lawyers are no different than anyone else from whom they buy services – whether they be plumbers, paper suppliers, or couriers. Just as when they hire any other supplier to provide goods or services, our clients are entitled to a price from us up front.  It is our job to then manage the case in a way that gives them superior legal representation at the price we accepted when we looked them in the eye and shook hands.  

“But litigation is too unpredictable!” you say.  “I don’t cheat my clients and I don’t have time to spare. Every hour I bill to that file is legitimate,” you contend.  “Our firm can’t operate without tracking billable hours,’ you argue.  Objections noted. Overruled. Clients want predictability, accountability and reasonableness in their legal bills. Give them a firm price and firm handshake, or watch the work go to someone who will.  Is it easy?  Not by a long shot.  Do you have a choice?  Not at all.  But don't take my word for it.  Look into the Association of Corporate Counsel Value Challenge, and take a peek at how Burger King and AT&T are managing their legal costs.  

It's not easy, but it can be done.  I've been doing it for years.  And that's what I blog about on this site.  This blog is devoted to lawyers who, like me, have to manage and win high exposure, complex cases while keeping a vigilant eye on what the client is spending to get there.  I look forward to sharing my experiences with you, and learning from you how you do it in your practice.