Law Firms

Hammonds

Commentary: Everyone loves Birmingham except ungrateful locals

Author: alex.novarese@legalweek.com

Published: 10/05/2007 02:05

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Birmingham’s legal market remains a contradiction. It has been obvious for some time that high-end transactional work is drifting away, yet new entrants flock to the city’s bulging mid-tier. Likewise, Birmingham’s top legal players have for years made bold and escalating claims about the amount of work they source outside the region, yet the evidence of this national assault is arguably less clear than the mid late 1990s when Wragge & Co was in its full transactional pomp.

With some firms now claiming to source as much as 80% of their work outside the Midlands, a cynic might wonder how long this gravity-defying expansion can continue; on current trends Birmingham’s top firms will be sourcing 120% of their work outside the UK’s second city by 2017.

Obviously, it is not all doom and gloom. While Birmingham’s proximity to the City has seen much quality transactional work drift London-ward, the continued development of the city’s commercial markets in property, construction and outsourcing has done much to compensate. It is this work that has attracted the new entrants, probably most successfully in the shape of Shoosmith’s property-driven offering. This new breed are also the most upbeat about the market — certainly a good deal more bullish than opinion-forming partners at Pinsents, Eversheds and Wragges. The latter group of firms has also been mixed performers financially in recent years for all their bold claims.

Another contradiction? Well, the big firms had some eye-catching instructions at the top-end, but their businesses have always run on a larger chunk of bread-and-butter local work than they let on. That work still exists — it has even expanded considerably — but with so many entrants hungry for business there is more competition and price-pressure, which has eaten into the big five’s margins. The irony is that Birmingham looks ideally placed to establish itself as the UK’s general commercial legal capital, even as high-cost London soaks up more of the country’s transactional and financial services work. But for that full potential to be realised, it would help if the top local firms could learn to love their heartlands again. Increased competition has done a lot for the Midlands’ legal community. If the firms that once took such pride in Birmingham’s professional services scene could put in a bit more effort locally, they might find they reap the rewards.

The cap that fits everywhere

Interesting to hear ‘revelations’ of the shock use of liability caps. Perhaps it was slightly less revelatory three years ago when Legal Week established that Eversheds was using such limits on potential negligence claims in its standard terms, at the time the first law firm to admit using a tactic that had already become common among accountants.

The initial debate was whether such tactics could be deployed by top City firms. That question was soon answered when three magic circle firms in 2005 conceded that they were regularly capping on vendor due diligence reports in corporate auctions. Attitudes change quickly in the City and what was once considered risky from a client perception viewpoint is now common.

There is a wider issue here, and that is the impact of sponsor-driven auctions on other aspects of legal practice. This type of corporate disposal has already made the concept of multiple bid roles acceptable. How long before this practice — and other controversial innovations — are translated into traditional public M&A?

See legalweekblogs.com/editorsblog for more deal comment.

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