November 2, 2006
Partner Income Related to Law Firms Fees
The recent Law Firm Economic Survey conducted by Juris, Inc. illustrated the relationship between the fees charged by midsized law firms and their per-partner income. While that relationship might seem unsurprising, it should be thought provoking.
The above chart divides surveyed firms into quartiles according to per-partner income and then shows the comparison between their average fees. The actual realized blended rates, as well as reported standard rates, were lower for each subsequent quartile. Partners of law firms in the first quartile earned twice the per-partner income of the second quartile and seven times the earnings of partners in the fourth quartile. Is this a blinding glimpse of the obvious—law firms that charge more make more?
Here are the important questions: Are the lawyers in the top 25 percent of surveyed firms better lawyers? Are they smarter? Did those firms pick more profitable practice areas? Have they done a better job at branding?
Let me suggest a simpler answer. Midsized law firms with higher rates simply set them higher to start with! If we take a look at individual firms, we can find clear reasons why one firm can charge higher rates than others. But when I review the 2005 survey results, these reasons don’t appear to explain the aggregated results in the survey. The composition of each quartile appears to be similar mixes of practice classes and size.
Law firms regularly increase rates from year to year to cover increased operating expenses, including associate salaries. In most cases, such increases do not contribute to higher margins. They simply recover higher expenses. If a firm starts with lower fee rates, they tend to stay lower in spite of annual or periodic increases.
Midsized law firms need better information about competitive prices in the marketplace. Rather than think in terms of annual increases to the existing fee structure, they need to reset those fees based on market information. They need competitive and peer group intelligence. Traditional surveys provide some insight, but they are often 18 to 24 months behind the curve, and matching your individual firm to a meaningful peer group is an imperfect task. Better information is on the way through new benchmarking services such as those from Redwood Analytics, Peer Monitor and Juris Insight.
Even with better information, individual law firms can have a difficult time restructuring rates. Compensation plans often lead to partner resistance toward anything other than moderate increases. Partners dependent on origination credit for a significant portion of their income can feel threatened by possible client defections. The best approach may be an incremental one. Reset fee structures for new business and develop an incremental plan to rework existing relationships over time. A helpful guide to price increase implementation was suggested in the prior post Law Firm Rate or Fee Increase Letter.
Morepartnerincome.com is sponsored by Juris, Inc. For information about Juris® products and services for increasing law firm performance and partner income, go to www.Juris.com.
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Filed under Benchmarking, Pricing by Tom Collins