How much is your practice worth?

Tuesday 01 May 2012 by Viv Williams

As the legal market expands - as all markets do when deregulation is applied - who will be benefiting from this growth?

Predictions are that the numbers of solicitors will decline - but, as the legal sector grows, why should this be? Fundamentally, we have too many solicitors’ practices serving a growing but changing market.

At a basic level we have 9,000 firms with five partners or less with the average age of equity owners fast approaching sixty years.

Most have no succession planning or exit strategies and work with ageing clients whom have not been communicated with for years - so it’s little surprise that new brands are looking to enter this space which offers such opportunity! For far too long many law firms have been providing the same below par services, charged for by the hour, at a standard that is unacceptable, although most will not accept this as reality.

These law firms have failed to move with the times. In numerous secret-shopper exercises we have seen damning reports of a failure to offer even the most basic client care, a failure to return phone calls and more fundamentally a complete lack of understanding of how important it is to convert potential business into new instructions.

Unfortunately the new brands entering the market will focus on exceptional client care and are experts at turning a sales lead into a new instruction.

Let’s just look at the Tesco marketing model - a club card that recognises what we purchase and comes up with alternatives at a competitive price; a money-back offer and a client care service that is second to none. As yet Tesco have declined to show any interest in legal services but if it did...

Already at the table is QualitySolicitors, who may not be everyone’s choice as a national brand, but they are at least focusing on these fundamental issues.

Using private equity investment wisely QS is working to recruit high-quality people and raising the standard of the member firms by focusing on the basic client expectations. Work generation and converting those leads into business is also part of their strategy.

This alone will put their member firms streets ahead of many of their local competitors and will create a perceived value in independent firm members as part of a national brand.

How do you think other national brands will approach your market and win over your clients? The answer is of course, by identifying the clients and customers they intend to serve and providing products and services at a price those customers can afford, whilst providing exceptional client care.

As these brands enter the UK market space what impact will this have on independent law firm valuations? In reality there is no value in goodwill anymore and if the legal brokers would only stop raising expectations by overvaluing these practices just for the valuation fee, we might see a gradual awakening to this fact in the real world.

Keeping work in progress and debtors and expecting one-third of turnover as a valuation is NOT realistic in this environment.

Having completed some 60 mergers to date we have failed to realise hardly any value in the practices involved. Our success has been in ensuring the firms, generally distressed, have been able to repay their bank borrowings and that the existing partners minimise their personal liability. Goodwill has simply not been on the agenda.

The delayed implementation of the Jackson report until April 2013 will have a further devastating effect on personal injury practices as those firms that have relied on paying referral fees for their work will find their business model completely unsustainable. With the exception of valuing work in progress and debtors, what value would you place on their business model beyond April 2013?

On a positive note there are buyers out there and if we finally accept that consolidation is inevitable ensuring you present your firm in the best positive light will enhance any value left in your practice.

If you do not have the appetite or the resources to remain independent and the age of the partners is against you, then deciding what your future should be sooner, rather than later, is the most sensible option.

If we accept we have such large numbers that need to merge/be acquired then we also have to accept that this is very much a buyer’s market. The expression that beauty is in the eye of the beholder is very appropriate. There will be a series of trigger points that will put pressure on firms to act. To do nothing and expect this to all go away could be the death knell for your practice.

Act now before it’s too late.

Viv Williams is chief executive of 360 Legal Group and specialises in law firm mergers and valuations.

Comments

Write out 100 times-Tesco

Write out 100 times-Tesco will NOT enter the legal market!

Nor will any of the others except the Co-op who already have a bank. Tesco and the rest are having difficulty selling stuff in their own field never mind another one-and people actually want to buy food. People do not want to buy legal services-they only do so out of necessity.

The "market" for legal services can only be expanded by there being more laws-which is exactly what happened under New Labour, but people are now sick of the vast amount of laws, so there will be a reaction against.

Law is not a retail product or a purchase of choice. It is not a fashion item, like clothes or specs, it does not make you feel good or look better, like cosmetic surgery. It is not even like a trade such as plumber-which does well out of new bathrooms, kitchens, etc.. It is, in effect, a utility. When you need it, you have to have it. You can change supplier, but the product will be pretty much the same (the entire point of a profession), as will the price.

No matter how much "spin", "PR", glitz, Legal 500, "we're the best" nonsense it is gilded with-the practise of law is just a service people (not "consumers") need from time to time. There will be large companies entering the field (not "market") and they will, no doubt, have a lot of glitz-but the product will be the same. Oh-and the price will go up-quelle surprise!

To Anon - I don't understand,

To Anon - I don't understand, what you seem to be saying is that the basic principles of consumerism don't apply to the legal industry. Clients, consumers, customers, punters - whatever you choose to call them - make decisions around who they will engage for a service, or a commody, by using whatever information is available to them at the time, regardless of the industry. We can clearly see within the legal profession that price and quality are not universally the same, which also applies to any other utility you might purchase.

"Spin" as you call it is simply a firm's ability to market itself, which is surely the point of being in business. Admittedly some aren't very good at it, most solicitor's websites look the same, but some are excellent and that's why they win more business than the next guy. It also helps if you have L500 etc, industry markers like this are important to the decision making process of the client.

I don't want to be too harsh, but the post above is a good example of the problems the legal industry is facing, namely, a reticence towards change.

Viv - I'm surprised to see there are still 9000 of those smaller firms, I thought their number would have declined a lot faster already. Hopefully there wont be too many losses as I think having the local solicitor is important for communities, but obviously in order to survive they need to think about protecting their business through mergers as some of my clients have, join networks such as QS, or really take over their locality and become excellent at marketing.

"reticence to change"-there

"reticence to change"-there is none, there is however realism.

Such things as the L500 are merely advertising puffs-self congratulatory nonsense for those who have put themselves forward to go in it.

Telling everyone you are the best doesn't actually make you so-many clients are savvy enough to work that out.

1. Law firms must be bad.

1. Law firms must be bad. They must be managed badly, and they must have poor customer service. Don't really know why, but just throw a few words in like "equity partner", "retirement", "marketing" and "deregulation".

2. Tesco must be good. Quality Solicitors must be good. Even though Tesco do not operate and have no stated intention to operate a legal services firm. Even though QS is a Claims Management Company just like "AccidentLawyers4U" where the service provided by QualitySolicitorsIWasGoingBustButIHopeI'mNot in Croydon South or wherever is entirely down to its management (who are exactly the same as the management from the traditional law firms - which are Bad).

3. Say marketing again. Say synergies, innovation, extensive support, networking, client lock-in, and any other second-rate management speak buzz word. Say "private equity" without having a clue what it actually means or the significance thereof.

4. Er, that's it.

5. Oh. No it isn't. Come to one of my "strategy meetings" or "networking events". We are experts in enhancing the inner productivity of the David Brent within you. Only £7,000 a ticket.

6. That is it now.

Do I get a prize? Can I be in the club. Pretty please?

Your posts always confuse me.

Your posts always confuse me. They never really seem to have a positive slant, always hyperbolic and full of vitriol. Surely there's better things for you to do than upset yourself on the law gazette boards?

domcCoop

Very funny post!

I am not vitriolic. Far from

I am not vitriolic. Far from it.

But I do like drawing attention to hypocrisy, ulterior motives, poor arguments, etc.

Remember, this is poeples' profession, their livelihood, their work we are talking about. A profession which exists to serve and help people.

When it is under attack - particularly by those acting under a misleading premise, it would be wrong to let falsehoods go unchallenged.

Domcoop LSG Legend

Anon - 15:03

I have never heard Domcoop put a positive slant on anything either. I think he has a very dry sense of humour and sledgehammer wit and it takes a while to understand and get used to. I can be a bit like that myself on subjects I am passionate about and people often don't quite understand everything.

But that's why these boards are a must read. I actually think LSG pays him a modest fee to post here. All I can say is if they are - it is money well spent.

Reading the contributions

Reading the contributions from the likes of Viv Williams and his consultant ilk, no-one would have a clue that Solicitors have been in business for many, many years and have always changed and adapted...

Why on earth would Tesco be interested in such a fragmented market as legal services. As is repeated over and over again, Joe Public will only use Solicitors maybe once every 8-10 years. It is not a 'regular' buy, and the mess they have made of the very simple concept of flogging second-hand cars has surely made them reluctant to get involved in areas wholly outside their business.

BTW - How does Mr Williams know that QS are using 'Using private equity investment wisely.. to recruit high quality people..'?

It is time to get involved

The main threats may or may not come from Co-op and Tesco etc (only time will tell), they may come from other legal services suppliers/brands like Rocket Lawyer, Legal Zoom, Riverview Law, or even closer to home from QS, HighStreetLawyer, Face2face, Lawyers2you, etc.

At our recent conference we identified and priorotised a number of different issues or potential threats the first eight (there are more) were:

Lender Panels
Winning New Work
PII
Client Retention
OFR and Compliance
Brands
LSA/ABS
Lobbying (HSBC etc)

Whether or not you agree with the order, these issues and others present a challenge to many firms. Why tackle them alone when you can be part of a like-minded group that is doing just that. One delegate said:

“I thought the Bold Legal Group conference was brilliant and echo the sentiments of the gentleman who said it was so refreshing that we had all come together for a common cause that we all seem to be very passionate about. I am very keen to be involved.”

Maybe that is the crux of the matter. Do enough lawyers and law firms actually “get involved” or do they just sit back and wait?

Interesting exchange...

... which I'm not intending to interrupt. But a few thoughts...

I've just walked through the Law Society Reading Room, where any number of solicitors of all backgrounds and ages are using iPads, Blackberries, laptops and so on - I've no doubt that plenty of constant, moderate legal sector "change" happens without anyone having to see a consultant about it. Solicitors in there don't just look like entrepreneurs strutting their business-savvy stuff at the IoD - they are entrepreneurs, with the same curiosity and appetite to adapt. No doubt about it.

And for those dead happy with their ability to adapt and thrive, Viv's post, and some other comments, might seem odd.

For a very specific part of the legal economy, though, profit margins are falling, overheads are too high, the hard core of the practice overdraft is up, and an over-dependence on intermediaries and referrals has made their business model well, vulnerable. Many solicitors in this space, nobly trying to keep things going for family, staff, staff dependents, long-term clients slip in to buying turnover through unsustainable price competition.

Any lawyer/ entrepreneur in that space would review how to pull out of that downward spiral. If they have it within themselves to pull that off, then great - others might buy in some outside help.

I suppose what I'm saying is, I understand that not everyone needs input from outside their practice to achieve that.

But I am genuinely puzzled that a private practice lawyer would have antipathy towards the notion that outsourcing a problem that's beyond someone's competence represents a failure or something inauthentic - when in the field of law, that is exactly why people instruct them.

Just interested - please carry on.