Notes
Slide Show
Outline
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Enronomics for Law Firms:
Making Sense of the Numbers
  • Presented by Stephen M. (Pete) Peterson
  • Law Firm Business Institute
  • Wednesday
  • 2:00 – 5:00 p.m.


  • ALA 32th Annual Education Conference
  • San Diego, CA


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Session Contents
  • Methodologies for improving the bottom line
  • Sample applications
  • Other key financial measures
  • How to improve your management reporting
      • Translating the mass of financial statements and data to meaningful, short reports
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Objectives
  • Provide a high level of understanding of significant drivers of law firm profitability
  • Provide understanding on what methods yield the greatest improvement to the top line and bottom line
  • Provide ideas and examples for management reporting


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“Accounting has become the most intellectually challenging area in the field of management, and the most turbulent one.”
  • -Peter Drucker
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A Few Good Accountants
  • Tom:  Did you order the shredding?
  • Jack:  You want answers?
  • Tom:  I think I’m entitled.
  • Jack:  You want answers!!
  • Tom:  I want the truth!
  • Jack:  (to be read at session)
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Should Law Firms be Run Like a Business?
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Do Law Firms Employ Questionable Tactics?

  • Well, some firms have…


  • Finley Kumble
  • Keck Mahin & Cate
  • Others who take from the poor and give to the rich
    • Referring to client trust fund abuse
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Law Firm Economics
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Economic Drivers
  • R U L E S
    • Represents the primary and key statistics that measure and monitor the financial success of a law firm
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RULES
  • R-rates/revenue/realization
  • U-utilization
  • L-leverage
  • E-expenses
  • S-speed


  • What do they mean to you?
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RULES Have Many Applications and Include:
  • Providing information for strategic planning purposes
  • Determining profitability and at various levels-client/matter, practice group, etc.
  • Where to invest the firm’s limited resources, such as
    • Industry segments/practice areas
    • Marketing or technology endeavors
  • Assessing merger candidates and lateral hires


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“R” Factors
  • “R” Factors
    • Rates—assuming we can increase rates in this environment
    • Revenue—what other methods can  be employed to increase fee revenue
    • Realization—measuring the impact of premiums, discounts and write-offs
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“U” Factors
  • “U” equals
    • Utilization—statistics which track how busy our fee earners are on billable files
    • Very important to track in order to:
      • Determine growth needs
      • Manage leverage (and resource allocation)
      • Project future fee revenues
      • Determine if hoarding is taking place
  • Only improved only by increasing amount of work or decreasing number of fee earners


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“L” Factors
  • “L” equals leverage
    • Leverage statistics measure the ratio of all non-equity attorneys to equity partners (traditionally this was the old associate to partner ratio)
    • All things being equal, average partner income increases as leverage increases



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“E” Factors
  • “E” equals expenses
    • Expense controls are a needed element in determining the profitability of a firm
    • From 65% to 75% of total firm expenses are people and facilities
      • Need to start thinking “small office, big house”
      • This is one category that your partners are happy to help you with


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“S” Factors
  • “S” equals the need for speed
    • Particularly the speed of billings and collections
    • Generally speaking, aging is good for wine, beef and certain cheeses
      • Aging is NOT good for WIP and A/R
    • Delays decrease realization and cash flow
      • Which in turn increases interest expense


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Realization-Turning Worked  Values to Cash
  • Standard billing rates = $100
    Fees actually billed                       = $  90
    Fees ultimately collected                = $  80                         

    -Billing realization       = $90/$100    = 90%

    -Overall realization      = $80/$100    = 80%


  • High profit firms achieve realization of 96% or better.
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Improving Realization is Key for Improving Bottom Line Results
  • Increasing realization from 90% to 96% for firm with $50 million in revenue
    • Yields $3,000,000 to the bottom line
    • Increases per partner income by nearly $60,000 (assuming 50 partners)
  • Normally, no expenses incurred for increasing realization


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Improving Realization
  • Speed
    • Time entry
    • Billing
    • Collecting
  • Alternative billing methods
    • There is an upper limit on billable hours
  • Client intake procedures/policies
    • Being cognizant of troublesome industries
  • Client communication
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Improving Realization- the Billing Cycle
  • Timing
    • Process and mail by date certain
  • Bill while there’s a tear in the client’s eye
  • Communication-invoices contain perception of value
    • Use greenmail messages
  • Employ a default system


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Improving Realization-the Collection Cycle
  • Firms need to adopt and employ collection procedures and polices
  • The passage of time is detrimental to collections
    • Do not allow invoices to “marinate”
    • Shrinking dollars affect
      • After 30 days, a dollar is worth 90 cents
      • After six months, it’s worth 57 cents
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Discounting/Write-offs
  • Discounting is costly
    • For example, a 10% discount for a firm with a 40% profit margin actually costs 25% in terms of loss to the bottom line.
  • Cost of replacing the value of services written off
    • A $40,000 write-off needs $100,000 in new fees to replace lost income


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Minimizing Adjustments
  • Is the new matter eligible for alternative billing arrangements?
  • Need for stronger matter management
    • Better supervision over work
  • Timely, clear and consistent communication with the client
  • Type of work
    • Have we done this before thereby benefiting from knowledge management?
    • Or, is this a green cow with purple dots?


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Cyclical Nature of Write-offs
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Typical Collection Cycle
(in thousands)
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Timing of Most Write-offs and Adjustments
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Per Partner Write-offs by Year
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Utilization—A Measure of Overall Productivity and Capacity
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Effects of Leverage on Profits
  • As previously noted, average partner income increases as leverage increases
  • This assumes a number of key points:
    • Each non-equity attorney contributes something to profits
    • Need adequate utilization
    • Need adequate realization
    • Mix needs to include substantial number of mid-level and senior associates
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Expenses
  • Blinding flash of the obvious—reducing expenses combined with a flat or increasing level of revenue results in increased profits
  • You need to monitor expenses but don’t get carried away
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Typical Cost Structure


  • Largest costs
  • People
  • Occupancy



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Speed
  • Time is always of the essence
    • Just ask your clients
  • From the time it takes to open a file to the collection for services rendered
  • By far the easiest thing to correct
    • Yet often overlooked
    • Lack of systems and discipline
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Speed
  • Speed issues—you must review these 2 statistics:
    • Aging of WIP and A/R
      • Reviewing all significant accounts over 30 days old
    • Number of months or number of days invested in WIP and A/R
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Investments In WIP and A/R
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An Exercise in the Manufacture of Money and Profits
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ABC Law Firm Profile
  • Annual revenue of $22,500,000
  • Average hours of 1,650
  • Average rate of $225
  • Realization of 87%
  • 60 attorneys
  • Leverage 1:1
  • Profit margin of 30%
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Hypothetical Illustration of RULES Improvement
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New Key Financial Terms
  • From FIFO and LIFO
    • To FISH
  • From GAAP
    • Generally Accepted Accounting Principles
  • To PCAP
    • Politically Correct Accounting Principles
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Profit: An archaic term no longer in use.
  • See Enron, Worldcon, Kmart,   HealthSouth, United Airlines, Xerox,  etc.
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What Are Law Firm Profits?
  • Net profits
    • Tells us nothing without further review
  • Profit Margin
    • Commonly used but not very useful
  • Profits per Partner
    • Also commonly used and accepted
    • Can be misleading
      • What partners are you including?
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Reviewing the Net Margin
  • Can be very misleading
  • What is an acceptable net margin?
  • Depends on a number of factors:
    • Cost structure, locations (S.D. vs. S.D.)
    • Leverage
    • Utilization
    • Realization
    • Pricing
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How Leverage Affects the Net Margin
  • Firms can have a high net margin but low average profits per equity partner (PPP)
    • Because of lower leverage
  • Firms can have a high net margin, low leverage and high average PPP
    • Because of multi-tier partnership structures
  • Firms can have a low net margin but high average PPP
    • Due to higher leverage
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How Other Factors Impact the Net Margin
  • Firms with a higher realization combined with cost structures and leverage of similar firms will have a higher net margin
  • Same holds true for firms with better utilization
  • Other factors include type of work, pricing of work


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Illustration of Net Margins
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Understanding the Numbers Provides You With a Creative License
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Management Reporting Considerations
  • Provide more in the way of knowledge, less in the way of data
  • Use simple presentations:
    • Use “drill-down” technique if overly complex
    • Answer the 5 W’s
  • Present reports that reflect what the partners need to know:
    • You need to determine what data the  partners need to know and understand
    • And then, educate them on what they need to know and help them interpret results
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Who Gets What?
  • Management committee--more detailed
  • Partners—condensed reports reflecting one-firm reporting
  • Practice Group Leaders-generally same as management committee but for their group only
  • Associates
  • Staff Management


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Sample Presentation to the E.C.
  • Review current period financial statements
  • Include an introduction piece
  • Drill down on certain expenses
  • Provide other key information:
    • Utilization
    • Realization
    • Staffing and leverage
    • Investment in WIP and A/R
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Commentary on Current Period Results
  • Hours are behind plan by 2,148
  • Need to focus on improving billing and collections—behind plan by $192k
  • Experiencing softness in 3 practice groups
  • Also experiencing some slippage in realization
  • Expect productivity improvement in 2nd and 3rd quarters
  • Some negative expense variances due to timing issues
  • Staffing levels are temporarily high
  • Projected results look good and but we might expect to fall short of plan by $215k
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Balance Sheet Highlights
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Income Statement Snapshot
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Operating Expenses
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Cash Flow Statement
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Practice Group Utilization
(reporting version A)
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Practice Group Utilization
(reporting version B)
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Leverage and Staffing
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Investment in WIP and A/R
(by Practice Group)
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Practice Group Realization
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Questions/Comments
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Opportunity for Follow-up

  • Law Firm Business Institute
  • Stephen M. (Pete) Peterson
  • Managing Director
  • pete@lawfirmbiz.com
  • T: 303.981.1118
  • F: 970.626.2226