The principle is simple. Law firms are concerned with just two audiences: clients and potential clients on one hand, and staff and potential staff on the other. But while commercial firms can bore you to tears talking about 'client focus', the plain fact is that the interests and sensitivities of the latter constituency usually trump those of clients. After all, law firms are people businesses and the talent they sell is expensive, highly-mobile and well-informed – in short, a highly efficient and liquid market for labour. In comparison, the market for legal services is slow to adapt to events, often poorly informed and rife with cultural and structural barriers to exerting its influence.
As such, there’s little mystery why law firms, during a 15-year period of unusually steady growth, responded to a competitive labour market with high salaries, which were then passed on largely to clients. Sure, clients moaned on the conference circuit about high leverage, the cursed billable hour and clueless junior lawyers (all linked phenomena), but for years they did very little about it and law firms, quite logically, continued on their path.
Until now. There has been a clear sense in recent weeks that the dramatic slump in the global economy is finally turning this dynamic on its head as clients press advisers for a better deal on fees. Sensing a change in the wind, law firms are focusing again seriously on the demands of their end users - even at the expense of staff.
One of the most symbolic moves, perhaps missed by some on this side of the pond, was Cravath Swaine & Moore’s recent decision to slash bonuses, a move presiding partner Evan Chesler explicitly cited in terms of client expectation. The Wall Street firm swiftly followed up with a high-profile article in Forbes in which Chesler penned a well-pitched diatribe against the hourly rate.
It is mainly in this content that we now see Freshfields this week announcing it is to freeze salaries at 2008 levels – a move that will strike a chord with clients that have become weary of expensive but inexperienced assistants. Likewise, the related concept of high leverage looks as much out of fashion, and you can expect law firms to find more ways to put clients in touch more directly with their more seasoned lawyers, rather than inexperienced assistants with artificially high charge-out rates.
Yet reading the heated debate Freshfields’ move ignited, it remains striking the extent to which the firm’s stance has been judged either positively and negatively within the isolated context of private practice. What is largely missing is discussion of the impact or reaction of clients - as if the market for legal services exists within some kind of vacuum. Well, in the long-term, it doesn’t. Assistants who believe that the large fall in demand for legal advice - and by extension their services – should have no impact on them are deluding themselves and risk making career-limiting miscalculations. City firms still care what their junior ranks think. They are the future of the business and a long-term commitment, after all. But right now, they care more what clients have to say. That’s market forces for you.
COMMENTS (TOTAL 3 COMMENTS)
Spot on Alex. As a former City lawyer myself, I have followed the reaction to the big firms' decisions with a combination of amusement and disbelief. The bizarre introspection of this market has been confirmed.
Lawyers are currently learning some very hard, and long overdue, lessons.
Nick Jefferson -12 Feb 2009 | 00:00
Alex, have you examined how "clients" have changed. Fifteen years ago you had lovely FTSE clients who believed in having a work-life balance and did not invade upon solicitors’ personal time. They provided solicitors adequate response time for quality work. The space and definition of “client” has changed immensely in the past few years. With the invasion of the Wall Street banks, the concept of work has changed immensely.
Law firms (especially MC firms) have not lost touch with their clients' needs. It now boils down to 'turnaround time', management of multi-jurisdictional transactions and highly demanding clients. A lot of 'project management' duties of deals are now passed on to lawyers. Aside, look at the world around you – we have very few UK-centric deals. Everything is 'global' and needs juniors to co-ordinate.
I find it appalling that clients are now saying that junior time is worthless. I am amazed at the level of junior-bashing which has been going on! For heaven's sake, look around you and see the deals which are happening. Can you have the partners project-managing deals? You need junior associates to do this. You cannot have multibillion-dollar, multi-jurisdictional transactions being run with thin teams. Juniors of MC firms (with rare exceptions) do add value for transactions. If you are thinking otherwise – you (the client) truly do not understand your demands.
You cannot expect quality and timely (i.e. within half an hour) work to be done without paying money. Yes, times are tougher and law firms need to be sensitive towards costs – that does not mean that the 'junior' time is valueless. If you willing to pay peanuts you will only get monkeys.
Anonymous -13 Feb 2009 | 00:00
Give me a break. Clients have always complained about lawyers, even in the good times. Especially with transactions, clients have always looked for something to complain about, even when they were making a lot of money through the transactions they were doing (to the extent that they had to start making up things to complain about, e.g. that lawyers were not "commercial" enough). Now clients have latched onto fees, and moan about how they are not doing so well so lawyers should drop their fees. Nothing changes.
Anon. -15 Feb 2009 | 00:00
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