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Bold ambition

Published: 29/11/2007 06:59

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Independent Law Firms In Europe 2007

Europe
’s independent firms have ambitious growth plans for the year ahead. This year’s survey of more than 80 law firms reveals an overwhelming 98% of respondents plan to add more lawyers to their ranks in the next 12 months. This ambition is mirrored in law firms’ predictions for their home legal markets — 60% of respondents expect the market share of independent firms in their home jurisdiction to grow over the next 18 months.

With so many firms looking to recruit new lawyers, the Europe-wide war for talent shows little sign of abating, despite recent turmoil in global finance markets. This in turn will put the pressure on independent firms to market themselves as an attractive employer in terms of both quality of work and pay. Legal Week’s survey of 83 independent firms in 25 countries goes some way in benchmarking the ambitions and strategies this growing band of law firms have up their sleeves.

Surprisingly, eight in every 10 firms (86%) described themselves as ‘full service’, with only 14% saying they have a focused legal offering. This result may go against the common perception that independent firms tend to offer niche services and suggests a trend of independent firms broadening their offerings to include all the commercial legal advice a client would typically need.

However, there is no universal definition of full service. Some firms dispute whether a law firm with no tax practice qualifies for the ‘full service’ label, while others will define full service within the commercial context: a firm that can offer corporate, finance and related litigation advice may be considered as ‘full service’ in this case.

Of those firms that said they did not offer a full-service practice, there was a clear focus on corporate, M&A and private equity when they were asked to list their main practice areas. Real estate was also a popular practice area to list as a ‘main practice’, a reflection of the current importance of real estate practices’ contribution to law firms’ bottom lines.

Plans for expansion

A significant minority (38%) of the law firms that responded to the survey plan to launch a new practice area in the next 12 months (see New business boxes). This figure is slightly up on previous years’ surveys: last year 28% of respondents said a new practice area was part of the firm’s strategy, while in 2004 32% of firms said they had plans to launch new practices the following year.

While a tiny proportion are keeping their exact plans under wraps, only conceding that they are planning a new launch (Luther in Germany, Juridia in Finland and Morais Leitao Galvao Teles Soares da Silva in Portugal), the remainder were willing to talk about their blueprints. Administrative law was the most popular area for a new launch in, with energy law also proving popular.

Independent firms revealed their guarded optimism for 2008’s business prospects, setting out their plans for growth in the coming months. A resounding 98% said ‘yes’ to the question: ‘Are you planning to increase the number of lawyers at the firm in the next 12 months?’ It will be interesting to see whether in 12 months’ time, all of the firms who said they planned to recruit more lawyers have actually managed to do so. Europe’s shortage of good commercial lawyers may prevent many firms from achieving their ambitions.

The results of the survey showed law firms were most likely to be planning a 5%-10% increase in headcount; forty-one percent of respondents identified this category as the one into which their growth plans fall. Thirty-six percent of law firms said they are planning on increasing headcount by 11%-25%, while 16% of respondents cited a modest 5% or less as the proportion by which they want to grow their business.

Few firms have major plans to expand in the coming year, with only 7% revealing plans to take on 26%-50% more lawyers (although this does not necessarily rule out expansion through a merger).

These results contrast with Legal Week’s annual US Law Firms in London survey, which asked the same question of the American law firms operating in London. When asked, in September this year, how much they plan to increase the London headcount at their firm, 53% said they plan to increase headcount by 11%-25% in the next year, compared to 36% of independent firms in Europe. Furthermore, 8% of US firms in London said they plan to double the headcount in the City compared with no independent firms in Europe.

This disparity could be for several reasons. Firstly, the market in London is arguably the busiest in all of Europe at the moment, fuelling a need among all law firms with a presence in the City for more fee earners.

The more obvious reason is that, despite a decade of heavy investment, the majority of UK practices of US firms are still immature businesses — meaning their growth plans for the first few years in business are unusually high. Thirdly, the highly competitive nature of the US firms in London could mean they talk up their growth plans more aggressively than their European counterparts, who are used to a more reserved business culture. Whatever the reasons for such a disparity in the growth plans, the difference is an interesting one that may raise questions about the mood in the London market compared to that in continental Europe.

A country-by-country breakdown of law firms’ growth ambitions shows the most optimistic markets are Ukraine, Romania and Italy — all jurisdictions that boast a high proportion of independent firms. Ukraine’s Sayenko Kharenko says it has plans to expand the size of the firm by between 26% and 50% in the coming year; the same figure was cited by rival firm, the Ukranian Legal Group (RULG).

Two to three years ago Romanian law firms went through the growth phase Ukraine’s firms are now planning, so plans at Bucharest’s firms are slightly more conservative. That said, young firm Voicu & Filipescu says it is planning growth of up to 50% in the coming year, and Zamfirescu Racoti Predoiu says it will be 11%-25% larger by this time next year.

Among the more mature Eastern European markets, law firms in the Czech Republic plan to take on around 5%-10% more lawyers in the coming year — perhaps a sign of the maturing of Prague’s legal market, or a slowing down of the initial rush to invest in the country. Leading independent Glatzova & Partners chose the 5%-10% category to describe its expansion plans for the coming year, while fellow Prague players Peterka & Partners and Weinhold Legal both ticked the ‘up to 5%’ growth option. Havel & Holasek has the most ambitious growth plans of the Czech respondents — in a year’s time it could be up to a quarter bigger than its present size (it currently boasts eight partners and 45 fee earners).

Market share

Independent firms in Europe do not expect their market share to grow dramatically in the next year and a half. Law firms were asked: ‘How do you expect the market share of independent firms in your home jurisdiction to develop over the next 18 months?’ Most respondents took a cautious view. In response 44% percent expect the independent firms’ market share to ‘grow slightly’, followed closely by 37% who expect no change. A pessimistic 3% predict their market share to dip slightly, while a slim 16% think they will see the independent firms’ market share ‘grow significantly’.

These results jar with the individual firms’ responses to their own plans for growth (99% said they plan to increase the number of lawyers at the firm in the next year). If firms largely expect their market share to stay the same or grow slightly, not all the individual firms’ growth ambitions will be realised — or worse still, they may have to lay off lawyers once they realise their own growth plans were not justified by market conditions.

In the Western European legal markets, respondents were most likely to predict a ‘no change’ situation for the independent firms’ market share. Portugal’s Morais Leitao Galvao Teles Soares da Silva and Vieira de Almeida & Associados both expect the market to stay the same, while six-partner firm Neville de Rougemont is slightly more optimistic, opting for the ‘grow slightly’ category. Austrian, Danish, Norwegian and Swedish firms were unanimous in their views of the independent firms’ prospects for 2008-09: ‘no change’ is the story from these markets, where independent firms have dominated for some years and where new entrants into the market — be they global players or independent firms — are rare.

Among Czech firms — despite their own conservative growth ambitions — there was a noticeable optimism about the strength of the independent firms’ positioning. All the respondents predicted growth, with Havel & Holasek and Vejmelka & Wuensch both saying indie firms’ share will ‘grow significantly’.

Once the focus of intense activity on the part of the global firms, Prague has now been eclipsed by the more easterly markets such as Bucharest and Kiev in terms of office launches on the part of UK and US law firms. Magic circle giant Linklaters saw a team of real estate lawyers quit its Prague office in February this year, to form Wilson & Partners, a practice focused on real estate, commercial work, finance and antitrust. Such news is illustrative of the mood of the market, where new firms eager to steer their own course in the legal market are forming out of well-established, global players.

Among the firms that think the independent firms’ market share will decrease is France’s Veil Jourde, which foresees a dip of 11%-25% in market share for Paris’s once-mighty independents. Given the number of independent firms that have teamed up with UK or US firms in recent months, Veil Jourde’s prediction looks reasonable.

Just last month, London’s Field Fisher Waterhouse announced a Paris launch with seven partners from alliance partner Dubarry, leaving the local firm with just five partners (it is unclear as yet whether they will continue practising together). In September, US firm Proskauer Rose announced a takeover of private equity boutique Schmidt Gicqueau Dumas Mull-Jochen while magic circle firm Allen & Overy signed an exclusive referral agreement with boutique Santoni Paccioni & Associes in July this year, to boost its restructuring capabilities in the French capital.

With three independents effectively being taken out of the market in the past four months, Veil Jourde appears justified in its pessimism conservative although for the few remaining full-service independent firms in Paris, business prospects must look good. Veil Jourde predicted modest growth for itself in 2008, of 5%-10%.

Merger question

The question that most law firms will do their best to avoid, or evade, is the merger question. The law firms surveyed were asked two merger questions. Firstly, ‘Would you consider a merger with another independent firm in Europe (excluding UK) in the next 18 months?’ and secondly, ‘Would you consider a merger with a US or UK firm, within the next 18 months?’

Respondents showed themselves to be slightly more open to the idea of merging with a fellow independent, with 18% of law firms polled saying ‘yes’ to the idea of a merger, in theory. The idea of merging with a US or UK firm received slightly fewer votes, with 13% open to the idea.

Firms that are open to merging with a fellow independent were from a spread of countries, from Germany to Spain to Finland, and the survey did not reveal one jurisdiction to be more merger-friendly than any other. Of those who said yes to an indie tie-up, the majority had more than 10 partners but less than 50 — possibly a size that is not too big to see a merger work, and one that is vulnerable, being neither big nor small. The largest firm to admit it would be open to a tie-up is Sweden’s Lindahl (60 partners) while the smallest was new independent Chevalier & Sciales (two partners).

While there were many firms that are open to a merger with either a fellow independent firm or a US/UK firm, there were some that made a distinction in the kind of merger they would consider.

Germany’s Arnecke Siebold would only consider merging with a fellow independent, as would respected Spanish practice Gomez-Acebo & Pombo and Italy’s NCTM. These three examples are interesting, because they are in markets where there is a steady stream of UK and US firms launching offices — either greenfield or through takeovers of local firms. Gomez-Acebo has undergone a major strategy review this year, reshuffling its management and ditching its alliance with Lisbon outfit Vieira de Almeida, citing strategic differences.

Italy’s NCTM has already undertaken one merger this year, with Rome outfit Agnesi & Serpiere, a tax boutique. The move saw name partner Paolo Agnesi join NCTM’s equity, while six other of the Rome boutique’s lawyers joined NCTM, taking their tax offering to a sizeable 30 professionals.

In markets with a much weaker UK/US firm presence, firms were less likely to distinguish the kind of merger they would accept; for example, Luxembourg’s Chevalier & Sciales, Romania’s Voicu & Filipescu and Ukraine’s RULG. This could be because these firms feel less threatened by the presence of the Anglo-Saxon rivals in their market. For their part, UK and US firms have shown limited appetite for mergers with independent firms in Europe recently, which reflects the growing maturity of their Continental networks and an increasing focus on the Middle East and Asia.

With a growing number of new independents, mostly spin-off firms from US or UK firms, forming in the market, the trend in London and New York seems to be going against mergers. It seems that in a year’s time, if the law firms’ stated plans are realised, there will be many more, and many larger independent law firms practising across the European Union and beyond.

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