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
Question:
I am the owner of a five-attorney estate planning practice in Denver. I have four associate attorneys of which three have been with the firm for over twelve years. Last year an associate that had been with me for many years left the firm and started his own practice. I thought I was paying him well by virtue of a competitive salary and discretionary bonus in additional to other benefits. I do not want to lose other seasoned attorneys. What should I do to provide more incentives for them to stay with the firm?
Response:
Our experience as well as research over the years by our firm and others has demonstrated that the following, in priority order, are the key drivers of associate attorney job satisfaction:
While compensation often is considered the primary factor related to associate satisfaction, I often find that opportunities for career growth and promotion play a significant role. Associates do leave law firms for less money for career growth and promotion opportunities in other firms or in some cases starting their own firm.
A key tool that law firm’s should be using for managing attorneys is a well-defined career path/track. The critical components of a career track include well-defined levels, roles and responsibilities at each level, promotion criteria, and compensation plans for each level. Typically these are outlined and documents in a career advancement program policy document. For example:
I suggest that you give some thought to developing such a program. As you start with levels you will have to do some soul searching and confront the most burning issue – is partnership an option for associates in your firm – do I want partners – and go from there.
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John W. Olmstead, MBA, Ph.D, CMC
Question:
Our law firm is a sixteen attorney Intellectual Property firm in Tampa, Florida. We have ten partners and six associates. I am a member of our three member executive committee and I have been given charge of looking into the pros and cons of having a firm retreat with all of our partners and associates. We have not had a retreat before and we would like your thoughts concerning the benefits that a small firm can receive from a retreat.
Response:
Attorneys in group practice experience numerous issues as they grow and expand their practices. Management problems increase as the firm becomes larger. Senior partners often do not want to be involved in increased firm management responsibilities. If this is one of your firm’s issues, a retreat will provide an opportunity to deal with it before it gets serious and out of hand. Use a retreat to review how administrative responsibilities are being handled throughout the firm’s entire operation. Place on the retreat agenda topics such as strategic planning, succession planning, growth planning, client development, etc. Consider whether your firm has the need to establish an office administrator position (if you do not have one) or whether the broadening of responsibilities of those on staff will provide the desired remedies. It is particularly important for small to medium-sized firms to clearly recognize at the retreat that the problems of growth are in part administrative and appropriate steps to deal with these problems early will prevent serious disruptions and internal conflicts later.
Many attorneys are reactors – they are trained to solve client problems – not management problems. Most attorneys find firm management distasteful and feel that their time is best spend doing billable work for clients. However, a firm’s success is in part dependent upon how well it is managed. The retreat can be used to educate firm members about the importance of these issues, even if the firm is a small firm. Retreats also benefit attorneys by helping them understand the management roles of other partners and other management positions in the firm as well as open up and improve communications.
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John W. Olmstead, MBA, Ph.D, CMC
Question:
I am a partner in a three attorney litigation firm in Boston. Two of us are partners. We are in our fourth year in practice after leaving a very large firm. We are concerned that we could be doing better financially. We are haphazard in our record keeping, have no goals, and are even sure what number matter. What are your thoughts are to the key number (metrics) for a small firm like ours?
Response:
Goals should be established for each attorney with monthly reporting showing performance against goals. Key metrics should include:
Firm management contribution is important. If both partners do not share in the firm management responsibilities then the partner committing non-billable time to firm management should be compensated in the form of an agreement to amount or a fee credit that is run through the compensation system. If both partners participate in firm management, implement and document a management structure that clarifies management roles, responsibilities, and accountabilities for the partners, the office manager, etc. Respect the boundaries and avoid stepping over each other.
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John W. Olmstead, MBA, Ph.D, CMC
Question:
I am the sole owner of a law firm in Walnut Creek, California. I have three associates and five staff members in the firm. I am looking to hire another associate. The associate I am considering has been out on his own for five years – no office and no employees. He would bring around 30 active matters with him. I was thinking of paying him a salary with a discretionary bonus based upon performance. Fees originated and generated would be a major component of the performance determination that would impact future salary increases, bonuses, and eligibility for partnership. However, I believe that I must do something with regard to the business that he brings with him. I would appreciate your thoughts and suggestions:
Response:
I agree with your general approach with regard to his compensation. Payments for originations for associates gives me pause. However, I believe you have to treat business that he brings with him differently. Here are my thoughts:
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John W. Olmstead, MBA, Ph.D, CMC