Law Practice Management Asked and Answered Blog

Category: Small

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

Aug 02, 2017


Associate Attorney Career Track in a Small Law Firm

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:

  1. Satisfaction with immediate manager or supervisor
  2. Opportunities for training
  3. Satisfaction with team and coworkers
  4. Opportunities for career growth
  5. Compensation
  6. Opportunities for promotion

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:

  1. Levels. Each attorney level within the firm (partner, non-Equity partner, principal, senior associate, associate) should carry a specific and clear title.
  2. Roles and Responsibilities. For each level, the typical roles and responsibilities should be clearly documented including client service work as well as business development and administrative responsibilities.
  3. Promotion Criteria. For each level in the firm, the criteria for promotion to that level should be outlined in the career track or career advancement program policy document. These criteria are often tied to competencies (knowledge, capabilities, and experience of the attorney), tenure as well as other factors.
  4. Compensation. A compensation plan should be developed for each level. (salary, bonus, benefits, and other perks)

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

 

 

 

 

Jul 11, 2017


Small Law Firm Retreat

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

Jun 16, 2015


Law Firm FInancial Management – Metrics for a Small Firm

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:

  1. Fees collected – working attorney 
  2. Fees collected – originating attorney 
  3. Fees collected – responsible attorney
  4. Billable hours – working attorney 
  5. Non-billable hours – working attorney
  6. Billing, collection, and overall realization – working attorney 
  7. Other goals – financial and non-financial 
  8. Summary dashboard report should be developed. 
  9. Attorneys should consider keeping timesheets for all worked time – billable and non-billable with specific goals for non-billable activities. 

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

 

May 20, 2014


Law Firm Compensation – Bringing in an Associate with a Small Book of Business

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:

  1. Create a list of the pending matters that he will bring with him. The list should list the A/R and WIP for time bill matters. For flat fee matters whether the fee has been collected and spent, whether there will be any more fee, the amount of work that remains to be completed (percent), and the estimated hours required to complete the work. For contingency fee work – a list of the expected fee - low and high – for matters in progress.
  2. He should get 100% of A/R and unbilled WIP earned but not billed or paid before he joins the firm. 20% of the work done after he is with your firm.
  3. I would pay him 20% of the fees earned (prorated) for flat fee matters while the matter is with your firm if a fee will be due and paid. If not – your firm should be entitled to an offset for the overhead servicing his work for which there will be no fee forth coming.
  4. Once the matters on the list are concluded any future work that he originates would be "firm accounts".

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

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