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Marcus Ollig  
The Good, The Bad & The Ugly
By Marcus Ollig


Aside from being the title of my favorite Western, it's apt description of the times in the legal field.


"The gentleman's profession of the law is becoming a vestige of the past, removed enough from reality to be remembered, like phone booths or fedoras."
New York Times about major law firms, June 15, 2009


It's hard to believe there is any good news—but there is. In conversations with law firm leaders, corporate executives and attorneys, both locally and nationally, a more complete picture emerges. It shows we may have hit the bottom of this recession and that firms are better positioned for the rebound. Also, the difficulties of the past 18 months have resulted in some profound positive changes in law firm management.

While there will be more staff and attorney layoffs in 2009, the pace of cuts should continue to slow toward the end of the third quarter. Economists I trust and many law firm partners and corporate attorneys I speak to seem to feel that the stimulus package is starting to free up credit markets, which will spur more corporate transactions and real estate activity. It is undeniable that the worst economy since the 1930s has had a severe impact on the legal field. The negative headlines about layoffs and failing law firms obscure the fact that many practices and firms are faring reasonably well. A number of law firms are using this time to make significant positive changes that will improve those firms operationally for the next generation of lawyers. The following patterns emerged from conversations with attorneys over the past few months.

Nationally
While this recession has seemingly had a record number of law firm lay-offs, the most widespread cuts are concentrated in large money center markets or formerly hot real estate markets. The most affected markets include New York City, Chicago, the San Francisco Bay Area, Los Angeles and Philadelphia; Minneapolis and Charlotte (banking concentration); Las Vegas and Phoenix (real estate), etc. There is some pain in almost all markets, though it seems a matter of degree. The markets listed have a large concentration of lawyers in practices hardest hit, including Corporate, M&A, Securities, Banking and Real Estate. We saw those practices start to slow down last year, even before the larger meltdown in the fall, which accelerated things tremendously. Firms who have a large presence in these markets, or who placed large bets expanding in money center markets, expanding internationally or in the formerly fastest growing real estate markets, are struggling the most.

The Good News
  • Confidence among Managing Partners nationwide seems to be up, reversing a six-month trend according to a Citi Private Bank Law Watch survey.

  • The TED spread, a measure of risk-aversion in the credit markets, has receded to pre-crisis levels. This, along with the fact that 32 banks have repaid their TARP funds, should lead to an easing of credit and hopefully more deal activity.

  • The economy, while not growing, may have hit bottom. According to the Commerce Dept., new orders for durable goods climbed for the third time in four months in May (by 1.8%). Firming of new home prices and some other positive economic signals may mean we are starting, however slowly, to climb out of this recession.

  • Among many clients, litigation activity is gaining momentum, particularly in bankruptcy, employment, securities and even commercial litigation in general. As this trend continues, it will hopefully counterbalance the weakness in M&A and corporate work.

  • Firms are getting creative! Alternative billing arrangements, merit-based pay (versus the old lockstep model for associates) and associate training in both the practice and rainmaking aspects of the profession are gaining steam. I believe these will become permanent aspects of law firm life.
Denver / Regional Markets
In places like Denver and other Midwestern or regional markets, diversified firms have fared best. Read on for regional and Denver outlooks as well as areas well-positioned for growth.




Read More Articles and learn details about how to find and retain top caliber talent and keep your business in shape.

 
  July 8, 2009
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The Law of Planning and Conducting Layoffs
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July 24, 2009
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Economic Crisis Litigation Update
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July 30, 2009
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Practicing with Professionalism
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Just the Facts
  According to the Managing Partner Confidence Index, by Citi Private Bank Law Watch, Q2 2009:

86% of Managing Partners who feel the economy will stay the same or improve in the next six months.

79% of Managing Partners who feel the legal market will stay the same or improve somewhat.

62% of Managing Partners feeling discounting pressure from clients.
 
     
Suggestions
  Contact The Advocates at editor@targetedlegal.com with comments, questions, articles, factoids and suggestions.
 
     
   >  Five Important Trends in the Legal Field
 
  1. Alternative billing arrangements (also talked about in a past newsletter): It used to be that smaller firms and specialty boutiques were the only firms adopting alternative billing strategies with their clients. While they are still the most innovative, many of the larger firms are now getting into the act. Kirkland & Ellis, for example, has expanded its use of alternative billing arrangements with its clients.

  2. Associate salary changes: Both reductions in the salaries of incoming associates as well as merit- based pay are gaining a lot of momentum nationwide. Many local firms have taken significant steps in that direction and many others are pondering changes.

  3. Associate training: Whether full-fledged training programs or just increased mentorship, firms will focus more on developing lawyers to become better practitioners, view their profession more as a business and even increase the training and emphasis placed on rainmaking. The firms that do this also tend to be more likely to provide incentive or merit-based pay.

  4. Contract attorneys/temporary staff: They'll become a more permanent and larger fixture in both law firms and corporate legal departments. Traditionally, as we have moved out of recession, use of contract attorneys and staff increased until there was enough confidence in organizations to add fixed costs. We see that starting to happen now as well, but believe several trends may converge to make this permanent. First, if national healthcare passes in some form, it allows for a more free agent mentality among employees. Second, many people in the law are looking for more reasonable hours and increased flexibility. Finally, law firms and corporate legal departments will look for more variability in their cost structures and increased flexibility in headcount - staffing up for larger cases/projects only versus adding to their headcount permanently. Shameless plug: A good staffing partner can assist you in keeping a strong pool of qualified contract employees by keeping them busy over several assignments in a year, while providing certain benefits and avoiding co-employment issues and additional administrative costs for the employer.

  5. Work migration from the coasts. Companies who have traditionally felt more comfortable with the top name brands in the legal field are looking for cost saving alternatives and will consider top regional firms, strong boutiques and midsized alternatives for a significant portion of their work. Outsourcing to India? Maybe not as much or as fast as people think. But outsourcing to St. Louis or Denver may become an attractive option for companies looking to save money and still have access to top caliber legal services.

 

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