Over the legal news wire this week came a report of the closure of a US law firm. The full report of the firm’s demise was restricted to those with a premium account that I have no interest in acquiring, and in any event, the details of what happened weren’t relevant to what caught my eye. It was the one-line description leading off the wire report, which looked something like this: “Law firm ABC is closing next month; its name partners will retire and the rest of its lawyers will form smaller boutiques or join bigger firms.”
That’s the capsule story of the end of a law firm. More importantly, though, it’s also a template — the founding partners’ retirement, coupled with a scattering of the remaining lawyers — that I expect to be repeated frequently throughout the legal profession over the coming decade, especially among small and midsize firms. It’s the natural outcome of the widespread inability of law firms to deal successfully with succession issues. And it reflects what can only be described as the failure of hundreds of law firm leaders (by which I mean founders and power brokers more than “managing partners”) to look beyond their own short-term interests to the long-term survival and success of the firms they created.
It’s a given that law firms exist to generate profits for their partners. The addition of leveraged associates, the admission of new partners, the arrangement of origination credits, the expansion of the firm to new regions and new practice areas — all these activities are undertaken in order to maximize partner revenue. Nobody really doubts this or has a serious problem with it.
The difficulty arises when the interests of the founding partners inevitably begin to diverge from the interests of everyone else in the firm, especially lawyers at the start or in the middle of their own careers. These lawyers’ own timelines extend beyond the expected career arcs of the partners who hired them, and they have an interest in seeing the firm continue to develop and thrive after the founders have moved on. This interest is primarily financial, of course — they want their turn occupying the most profitable seats — but it’s often also personal: they like the idea of taking up the mantle of a respected firm and leading it into a new age. I think most people would find these sentiments reasonable.
What has struck me over the past few years — what has shocked me, to be honest — is the number of founding partners and senior lawyers who don’t care all that much what happens to the firm after they leave. I mean, these partners talk a good game about legacy and continuity and a bright and promising future and so forth, and I’m sure that their well-wishing is sincere enough. But ask them to take steps to ensure that future in ways that might compromise their near-term revenue — especially as the economy worsens — and the conversation comes to an abrupt stop.
These partners essentially place their personal interests, even near the end of their careers, ahead of the long-term prospects of the firms they helped found. They do not share clients. They do not delegate work. They do not mentor juniors. And they do not approve compensation system changes that would motivate the next generation of leaders if those changes might also reduce the size of their own slice of pie. They couldn’t make their priorities much clearer. (My Edge International colleague Nick Jarrett-Kerr has written an excellent analysis of law firms’ challenges in this regard.)
This state of affairs creates immense levels of frustration and disillusionment among those members of the firm whose retirement is not in sight, for whom the firm is at the least a steady employer and at the most a stage for their own flourishing careers. These members of younger generations look at their leaders from an older generation and it begins to dawn on them: the founders weren’t creating an institution that could stand the test of time. They were creating a vehicle for their own financial interests, and once those interests draw to a close, so too does the need for the vehicle.
I don’t think it’s an accident that inter-generational tension within law firms has grown over the past several years, in both good times and bad. I don’t think it has much to do with the clichés about Generation Y and its “sense of entitlement,” except to the extent that younger members of the firm felt entitled to inherit some of the prosperity earned by the firm’s founders and leaders, in exchange for their own contributions and loyalty to the institution over the years. They’re now coming to conclude that there never was an institution — just a platform for founder prosperity. I expect them to react accordingly.
There’s a word you hardly ever hear mentioned in discussions of law firm leadership and succession planning these days. That word is “stewardship” — the sense that those who lead an organization have a responsibility to leave it in better shape than they found it, to ensure its future success for no other reason than that future generations will benefit.
Stewardship, among other things, requires the stewards to relinquish at least some of their own powers and priorities near the end of their terms in order to assure a better future. There are some stewards among law firm leaders today. There are not many.
Jordan Furlong delivers dynamic and thought-provoking presentations to law firms and legal organizations throughout North America on how to survive and profit from the extraordinary changes underway in the legal services marketplace. He is a partner with Edge International and a senior consultant with Stem Legal Web Enterprises.
The year of living dangerously
So there goes 2011, and from a legal marketplace perspective, you could probably call it the year of hanging on. Large law firms hung on in the face of flat-lined or diminishing revenues, in no small part through the wonders of de-equitization. Small law firms hung on despite an expanding sea of legal service providers targeting the consumer market. Corporate law departments hung on despite seeing their outside counsel budgets cut by as much as 25%, yet still managed not to force change in the market. Law schools hung on in the teeth of a growing storm of criticism that they had failed to look out for their students’ financial interests. Measured in terms of endurance and tenacity, at any rate, it was a pretty good year for the incumbents.
Now here comes 2012, and from where I’m standing, it looks like a year in which the limits of perseverance will be reached and breached. There are just too many places within the traditional legal community where resistance to change will weaken and ultimately collapse. I want to point out three in particular that strike me as especially noteworthy harbingers of some new realities.
Disappearing law firms: Mergers and acquisitions of law firms picked up pace in 2011, but here in December came word of some interesting variations on the theme. Bryan Cave “merged” with Denver-based Holme Roberts & Owen, while Arnold & Porter “merged” with San Francisco’s Howard Rice. I put “merged” in quotes because it’s a polite fiction to pretend that these were anything other than flat-out acquisitions of law firms that were experiencing serious pain. Holme Roberts suffered a string of partner defections and staff layoffs earlier this year, while Howard Rice had lost nearly half its complement of lawyers in the last nine years, including two senior partners in 2009.
You can expect to see a lot more of these kinds of deals in 2012, because a lot of firms are having a very tough time adjusting to the new rules of the market. Some firms, as I noted in a post last month, don’t even make it to the acquisition stage: they simply disappear. This AmLaw Daily article makes it even clearer that dissolutions of law firms took place throughout 2011, starting with Howrey LLP and continuing with smaller and midsize firms throughout the year. You can call it “consolidation” if you like, but it also bears a strong resemblance to a profession-wide culling of the herd. Many law firms are weaker than they appear from the outside, or even from the inside, depending on how transparent their internal financial disclosures turn out to be. Some bigger dominoes could start falling early in 2012.
The rise of Asia: It remains something of a puzzle to me that the merger of China’s King & Wood and Australia’s Mallesons hasn’t set alarm bells ringing across the global legal marketplace. Now the largest law firm based in the Asia-Pacific region, with more than 1,800 lawyers, King & Wood Mallesons is something we’ve never seen before. Put it this way: Mallesons was one of Australia’s biggest and most esteemed law firms, large enough to entertain lengthy merger talks with Clifford Chance and innovative enough to be the only two-time winner of the College of Law Practice Management’s InnovAction Awards. Yet which firm wound up with top billing? That should tell you something about how much influence Chinese law firms are set to wield.
Will King & Wood Mallesons be able to crack the rich Anglo-American legal market? I’m not sure that’s on their radar right now. There’s more than enough work in Asia and Oceania to keep them busy, and frankly, it would be understandable if they think that their corner of the world has more medium-term upside than the western corner. But other Chinese firms are quite happy to go west: in fact, the two biggest law firms in China, Dacheng and Yingke, are preparing to open bases in London. Then there’s small Chinese firm Broad & Bright, in merger discussions of its own with none other than Clifford Chance. Years from now, we’ll look back on 2011 as the year China began breaking into the global legal market.
Alternative Business Structures: And heeeere we go. Starting the first week of January, the UK’s Solicitors Regulation Authority will officially throw open the doors to applicants of all stripes that want to become Alternative Business Structures under the long-anticipated provisions of the Legal Services Act. Regular readers will know that the SRA expects at least a dozen applicants straight away, and that the initial group will include law firms, claims management companies, major retailers, accounting firms, loss adjusters, private equity houses, legal expense insurers, banks, will-writing companies, and even, remarkably enough, in-house law departments. I don’t know about you, but that looks like a revolution to me.
It’s a revolution that won’t stop at the English Channel or the North Sea, either. There are too many UK companies and law firms with offices worldwide to believe that the contagion can be contained. We’ve already seen the influence of the Legal Services Act in the ABA’s planned endorsement of limited, lawyer-controlled multi-disciplinary partnerships (although the degree of innovation here is comparatively tiny) and the lawsuit launched by Jacoby & Meyers to the restrictions against non-lawyer ownership of firms. Whether these initiatives succeed is almost beside the point: even the specter of massive change in the UK is enough to drive limited reform efforts. What kind of response will the real thing generate?
Those are three reasons to think that 2012 will be the year that the pressure relentlessly building on the fault lines of the traditional legal marketplace will finally produce the quakes we’ve been expecting for a while. And here’s one more: macro-economic and geopolitical events will play a role in the legal market as well. Europe’s financial situation is unsustainable, and the odds of something truly ugly taking place there and spreading worldwide seem to increase every month. The 2008 Lehman Brothers collapse and the resulting western financial crisis was the first shock to hit the legal system and generated a tidal wave of change. The next one could be bigger.
If you like living dangerously, then by all means, plan for 2012 to be another year of raising rates, de-equitizing partners, downsizing staff and taking whatever other measures you feel will continue to prop up the artificial and increasingly archaic metric of profits per partner. Keep on doing what you’ve been doing lately, just more of it. You might yet manage quite well, if your financial position entering the year was rock solid, your firm culture intensely positive and your relationships with clients extremely sound. But if you feel like your foundation is a little shaky, your strategic direction has meandered, or your morale is brittle, then I think you’d be well advised to pay close attention to what comes next. We were warned.
Jordan Furlong delivers dynamic and thought-provoking presentations to law firms and legal organizations throughout North America on how to survive and profit from the extraordinary changes underway in the legal services marketplace. He is a partner with Edge International and a senior consultant with Stem Legal Web Enterprises.