Law Practice Management Asked and Answered Blog

Category: Financial Management

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Apr 30, 2020

How are Law Firm’s Doing During COVID-19

Question: 

Our firm is a four lawyer estate planning firm in Bakersfield, California. As you know our state has been under stay at home orders for sometime. We have everyone except our receptionist and one attorney working remotely from their homes. We are doing much better than I expected. In fact we are getting new clients at close to our usual number per month and our fee collections have actually exceeded our normal monthly fee collections. How are other firms doing?

Response: 

It depends on practice area and firm size. Many of the very large firms are facing dramatic work slowdowns and are laying off attorneys and staff and or cutting partner, associate, and staff compensation. However, many small consumer facing practices such as estate planning/probate, general practice, family law, and personal injury advise us that they are doing well in terms of fee collections and new matter signups. Intellectual property firms also advise us that they are holding their own.

The biggest issues for many of these small firms have been:

Small firms that are “paperless” and are using cloud-based billing and practice management systems are having the easiest time of working remotely.

Don’t get too comfortable based on March and April’s numbers. I believe that May or June will provide you with a better glimpse of the future both in terms of new business and fee collections. There could have been initial client demand based on the need for people to get some things done in preparation for the virus lock-down and you could see in May or June client demand dropping off. Also keep in mind that some of your fee collections were based upon accounts receivable and prior unbilled work in process. In addition, some of the billable work for the past month or so was probably performed on matters or cases that you already had in the pipeline.

May or June may give us all a better picture.

Good luck!

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John W. Olmstead, MBA, Ph.D, CMC

 

Dec 11, 2019

Law Firm Financial Management – Financial Red Flags

Question: 

Our firm is a twelve lawyer firm in Chicago and our practice is a business litigation firm. We have eight partners in the firm and we are managed by a three-member management committee that was just formed this year. I am a member of the committee and I am responsible for the general financial oversight of the firm. I am trying to get a handle on law firm financial metrics and especially what are the financial warning signs that I should be aware. If you have an outline or list that you would be willing to share we would appreciate it.

Response: 

Here is a short list of what I call financial red flags that you might find helpful:

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John W. Olmstead, MBA, Ph.D, CMC

Oct 31, 2019

Law Firm Financial Management – Creating a Budget the First Time

Question:

I am the firm administrator for an eight attorney firm in Nashville, Tennessee. I started this position approximately six weeks ago. While I have worked in the legal field for many years as a paralegal, this is my first position as a legal administrator. I have done bookkeeping for several firms over the years. The firm has never had a budget and has asked me to prepare one for the upcoming year. I am not sure where or how to start. Any help or ideas that you may have would be appreciated.

Response: 

You will want to consider two budgets. The first will be an operating budget which is a revenue and expense budget that will contain the income and expense accounts that are listed in a profit and loss or income statement. The second will be a capital budget which will be a budget for capital expenditures that are typically listed as assets on a balance sheet such as furniture and equipment.

Here is a process that you might want to use.

Operating Budget 

  1. Print out a general ledger chart of accounts list and profit and loss statement
  2. Using the chart of accounts list (income and expense accounts only) setup an Excel spreadsheet with the following columns.
    1. Account Number
    2. Account Name
    3. Prior year actual year to date
    4. Proposed upcoming year budget
    5. Final upcoming year budget
    6. Planning notes
  3. Account number and account name columns. List all of the accounts from the profit and loss statement in the account number and account name columns.
  4. Prior year actual year to date column. Enter figures for the prior year in the prior year actual year to date column for revenue/income and expenses.
  5. Proposed upcoming year budget. Start with revenue. However, in the budget worksheet have a revenue account for each revenue producer (attorney and paralegal) – not necessarily in the general ledger but on your budget worksheet and project their billable hours/collections expected. If you are a contingency fee practice this will require an analysis of the cases in process and estimated case outcomes and timing. This is a good place to get commitment and establish realistic revenue goals for the year. You may want to have a discussion concerning this in a firm meeting. I believe that the revenue goals are the most important part of the budget and where most firms need to focus.
  6. Proposed upcoming year budget. Enter proposed expenses. You can start by examining last year’s actual figures. Give consideration to any growth (typically lawyer and staff headcount) for the upcoming year and any anticipated changes in expenses. Develop a payroll spreadsheet listing each attorney and staff members receiving W-2 pages, their compensation last year, a anticipated salary and bonus for the upcoming year, with columns for calculation of appropriate payroll taxes. Anticipate new hires during the year. Then enter in to the proposed upcoming year account columns.
  7. Planning notes. As you develop the budget note your assumptions, etc. in the planning notes section.
  8. Submit for discussion and approval. Submit the budget worksheet to your managing partner, executive committee, partnership, etc. for discussion and approval.
  9. Enter approved budget in the Final Upcoming Year Budget Column. 
  10. Enter approved budget in to the General Ledger System, QuickBooks, etc. You can now enter the approved budget into your accounting system and simply include budget on your profit or loss statement for systems that provide this function or in QuickBooks print a Budget v Actual Report with your monthly reports. When you enter the approved budget into your system you can take the quick and dirty way and enter the annual amount for each account and have the system allocate the budget equally to each month or you can allocate to each month when you anticipate the expense – for example an insurance premium for the entire year might be allocated to the specific month when the policy will come up for renewal rather than equally to each month.

Capital Budget

This is often just a simple list in a spreadsheet and manually tracked. Many of the general ledger systems only allow budgets for income and expense accounts.

Good luck with your project.

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John W. Olmstead, MBA, Ph.D, CMC

 

 

Jul 11, 2019

Law Firm Operating Metrics and Statistics

Question:

I am the newly elected managing partner in our twelve-attorney firm in Chicago, Illinois. Our firm is a business transaction firm that was started by the present four partners ten years ago. While we have an office manager that does the bookkeeping, prior to this year all four partners as a group managed the firm. This year the firm decided to create the managing partner position. Since this is new to me I am trying to learn all that I can about law firm management. My first priority is to help the firm improve profitability and I would like to know what the key operating metrics and statistics are that I should be monitoring. You suggestions will be appreciated.

Response:

Law firm operating statistics represent an important management tool. They highlight superior performances and they flag below average performances. They provide law firm management with the key information needed to manage the firm’s business. In addition to measures such as firm fee revenue collections, firm profit/net income, profit per equity owner, billable hours, fee revenue collected per attorney, operating statistics found in law firm management reports typically include information on:

The first three statistics represent factors that relate to earning the firm’s revenue. Responsibility for earning the firm’s revenue rests with the firm’s partners. Consequently, it is important to assign this responsibility to specific partners – typically the responsible/billing attorney.

In recognition of the assigned responsible attorney concept, many firms choose to present revenue-related operating statistics reports in a format that focuses on each partner’s responsibility. This gives the management group the ability to access each partner’s “business” performance.

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John W. Olmstead, MBA, Ph.D, CMC

May 29, 2019

Associate Attorney Productivity When Client Work is Slow

Question: 

Our firm is a sixteen attorney municipal law firm in Detroit with six partners and ten associates. Like most firms that do municipal work we must deal with lower billing rates than other firms charge. The volume of our work can also fluctuate at times. All of our work is billed by the hour and billable hours is our most important key performance indicator. Our associates have a billable hour expectation of 1800 annual billable hours and only two of our associates are even close to reaching 1800 hours. Some are not even reaching 1200 hours. Some of the associates have the excuse that they don’t have enough work. We do not believe that this is the case. I would like to hear your thoughts on this matter.

Response: 

This seems to be a common issue. Failure to attain billable hour goals can be caused by any one or a combination of the following:

  1. Work ethic and simply not working enough “worked hours”
  2. Lack of work
  3. Poor time management habits
  4. Poor time keeping/recording habits

I would start by observing the number of worked hours they are putting in. Are the putting in the hours? Observe as well as review their time reports – billable and non-billable time. If you don’t track non-billable time start doing so. Then review and discuss with them their time management and time keeping/recording habits. Questions to ask include:

Review and discuss workload levels of each associate and determine if lack of work is an issue.

I have found that often the cause of the problem is a combination of some or all four of the above listed causes. Lack of work is often one of the causes. My question is then:

The firm should have an established protocol for assignment of work to associates and to whom the associate advises that he or she needs more work. When billable work is slow and not available the associate should be assigned non-billable firm or business development projects  such as developing document templates, writing articles, etc.

If the problem is work ethic appropriate consequences and disciplinary measures may be required.

If the problem is time management and time keeping training and habit building will be required.

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John W. Olmstead, MBA, Ph.D, CMC

 

 

 

Apr 03, 2019

Valuing a Personal Injury Law Practice

Question:

I am the owner of a three attorney personal injury practice in Columbia, South Carolina and I am contemplating retiring in seven years. I have an associate on board that I would like to sell my practice over the seven years. How do I go about valuing my practice and determining how much I should ask for?

Response: 

A few of the various methods used solely or in combination with other methods for valuing a law firm include:

  1. Asset Based – ignores the importance of a firm’s earnings and cash flow (Goodwill Value)
    1. Book value – adjusted to accrual-based financials
    2. Replacement cost
    3. Appraised value
    4. Market value
  2. Comparable firm transactions
  3. Discounted cash flow – based on projected future financial performance of the firm.
  4. Rule of thumb using multiples
    1. Multiple of gross revenue
    2. Multiple of net profit or earnings
    3. Multiple of EBITDA (Earnings before interest, income tax, depreciation, and amortization. (EBITDA is a measure of a firm’s operating performance)
    4. Multiple of SDE – seller discretionary earnings after owner compensation adjustments (expensing appropriate salary)
  5. Rule of thumb variables
    1. How much repeat business is expected
    2. Number and type of clients
    3. The transfer-ability of client and referral source relationships
    4. Dependence on only a few large clients
    5. Whether the firm has been institutionalized or is a personal practice and uniquely the firm owner
    6. Other attorneys and staff
    7. Firm infrastructure and systems
    8. Historical reputation of the firm
    9. Contingency fee practices

Personal injury firms are difficult to value due to the variability in cash flows that are often the case with many firms.  Some personal injury firms have relatively predictable cash flows and others have very large swings. When this is the case the typical solution is cash-based book value plus a percentage of case fees as they are concluded with a percentage of completion factor applied.

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John W. Olmstead, MBA, Ph.D, CMC

Mar 06, 2019

Law Firm Financial Management – Managing the Firm’s Inventory

Question: 

Our firm is a eighteen attorney firm in Portland, Oregon and I am the recently hired firm administrator. This is my first law firm. My previous employment was with a small manufacturing and distribution company. I have read some articles that discussed the importance of managing inventory in a law practice. Does a law firm even have inventory? I would appreciate your comments.

Response: 

Inventory (or pipeline) management is a term used in the management consulting profession to refer to the process by which you continually evaluate your active opportunities (prospective clients to booked clients) for their balance of QUALITY and QUANTITY. The goal is to continually stay on top of the overall health which is a full pipeline. Pipeline management allows client relationship managers to more accurately forecast fee revenues, better staff and manage client engagements, and close more client business.

I often also refer to Inventory or Pipeline Management in law firms in the context of using financial dashboards by which the individual charged with financial management responsibilities is continuously aware of significant changes in the firm’s Inventory or Pipeline (from prospects to cash):

By comparing these dashboard statistics to a prior month, quarter, or year – you are able to avoid financial surprises down the road.

Law firms do have inventory and that is their unbilled work in process (matters in process) or in the case of a contingency fee firm I usually refer to work in process as cases in process.

How well this inventory is managed – managing what is in front of you rather than what is behind you is a critical component of financial management and has a major impact upon the profitability of the firm. However, this responsibility falls primarily to the attorneys responsible for the matters. However, in your capacity as administrator you can provide the reports and oversight to help keep them on course.

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John W. Olmstead, MBA, Ph.D, CMC

 

 

Jan 09, 2019

Law Firm Management – Held Hostage by Office Manager or Bookkeeper

Question: 

I am a partner is a small family law firm in Tucson, Arizona. There are two partners in the firm and two associates. We have an office manager/bookkeeper, a receptionist, and two legal assistants. The office manager was hired one year ago. The other partner is retiring next year and I am purchasing the practice from him. I became a partner last year. I am new to the management side of the practice and have been relying on the office manager who also serves as our bookkeeper. I am at my wits ends with our office manager and I believe that she is not suited for the position. She has no organizational skills, she misses deadlines, vendor bills are not paid on time, and client bills are not sent out accurately and timely. I have counselled her on numerous occasions to no avail. I believe we need to replace her but I am reluctant since no one else here knows what she does or how she does it. A new billing and accounting system was implemented last year and she was the only one trained on the system. What do we do if we terminate her or she quits? We are hostages. I would appreciate any ideas of thoughts that you may have.

Response: 

I understand and appreciate your situation. It sounds like you have not documented your procedures in the form of a firm procedures manual and everything is in the office manager’s head. This makes it difficult for someone to take over her responsibilities if she leaves the firm for whatever reason but not impossible. It will probably be difficult to get her to develop one now as it may signal to her that her time with the firm is short and she may start looking for another position. You may have to just bit the bullet, terminate her, restaff the position, and go from there.  It won’t be fun but you will make it though. You might consider the following:

  1. The office manager probably has handwritten notes, etc. that she has used to roughly document how she does things. Collect these and review these.
  2. Contact your billing and accounting software provider and have them help you will any training needs you have as well as procedural issues. Back in my old life when I did software work with law firms I often was called and assisted firms with such situations.

After you get the position staffed and past the crisis develop a detailed written manual of procedures for the office. Not just the office management side but the client service side – attorneys and paralegals as well.

I believe that it is imperative that owners and partners in a law firm have access to financial information on a timely basis, understand the information, and use the information in a proactive way to manage the practice. I suggest:

  1. The owner, or an appointed partner(s) in larger firms, obtain a basic level of understanding in basic accounting/bookkeeping and law firm financial management.
  2. The owner, or an appointed partner(s) in larger firms, obtain detailed training on the accounting software system(s) along-side the bookkeeper when the system is implemented. In addition to general operation of the software, special training should also be obtained on interpretation and use of the management reports.
  3. Insure that you have accounting controls in place and appropriate segregation of accounting duties.
  4. Outline your expectations and requirements of the office manager/bookkeeper, meet with her/him, and communicate appropriately.

Click here for a bookkeeper listing of duties.

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John W. Olmstead, MBA, Ph.D, CMC

 

Nov 14, 2018

What Does it Cost to Operate a Law Firm?

Question: 

Our firm is a four attorney personal injury plaintiff law firm with three partners and two associates located in upstate New York. Could you advise us as to what the expected cost range per year is for an attorney to practice? Assume the attorney generates gross revenue of $500,00 per year. What should he/she expect to earn as gross income based on that revenue?

Response: 

Depends on the type of practice, whether the firm does extensive advertising, etc. In general, the average range of margins are running from 35%-45%. In other words the partnership pie – profits available to partners whether in the form of W2 salary or net income. If a partner were practicing alone with minimal overhead and maximizing the use of technology the margin could be better. In general a lawyer generating $500,000 in revenue in a firm such as yours with typical overhead -hopefully 35% – 45% margin – $175,000 – $225,000. I have worked with some firm such as foreclosure law firms where the margins are 15% margin and some high volume advertising PI plaintiff firms at 20% margins.

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John W. Olmstead, MBA, Ph.D, CMC

Oct 03, 2018

Small Law Firm Financial Performance Indicators

Question: 

I am the owner of an estate planning firm in Milwaukee, Wisconsin. I have five associates and four paralegals working in the firm. More of my time is spent on managing the practice and marketing than on servicing clients. I am trying to develop financial goals for the firm but I am clueless as to what financial indicators or ratios I should be looking at and what constitutes good or bad performance. Anything that you are willing to share would be appreciated.

Response: 

Here are what I believe to be key financial indicators/ratios and performance for a firm of your size and type:

I like to see profit margin – owner compensation – salary if paid as w-2 wages plus profit in the range of 35% – 45%.

Performance can vary by type of practice.

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John W. Olmstead, MBA, Ph.D, CMC

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