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Consulting Services
Overview:
State of The Legal
Industry
Steven P. Daitch, with Dave Cunningham
August 24, 2008
2008 Legal Industry
Executive Briefing
Pre-Briefing Survey
Results


                      2
Methodology


• 105 Managing partners and executive directors from the AmLaw
  150, UK Magic Circle, Canadian LEXPERT Top 30 attended the
  third Legal Industry Executive Briefing in May.

• 50% of the attendees completed a pre- Briefing e-mail survey.
  Survey was designed to identify current issues for content
  presentations.




                                                                  3
2008 Outlook

    When compared to 2007, do you expect your firm's 2008 billings to…?

      Almost two-thirds of attendees expect their 2008 billings to increase compared to 2007


                                        100% -
                                                      5%             Drivers of Growth:
  Stay the
   Same                                                               - Increase in rates (91%)
                                         75% -
    29                                                                - Addition of attorneys/staff (74%)
                                                                      - More billable hours (41%)
    %                                    50% -
                                                      38%
                                                                      - Added practice groups/areas (27%)
                                                                      - Added international offices (18%)
Decrease                    Increase
                                                                      - Merger or partnership (9%)
 6%                         65%          25% -

                                                      15%

                                          0% -

                                                 5%    6-10%   >10
                                                               %

                                                                                                            4
2008 Outlook

  When compared to 2007, do you expect your firm's 2008 billings to…?

Many attendees foresee an increase in year over year billings, but not as optimistic as last year

                      100% -    96%

                       80% -

                                                      65%
                       60% -
                                                                            Increase
                                                                            Decrease
                       40% -
                                                                            Stay the same
                                                                 29%
                       20% -

                                      2% 2%                 6%
                        0% -
                                    2007                  2008
                                Survey Results        Survey Results


                                                                                                    5
2008 Outlook -
    Opportunities

• The most commonly mentioned opportunities for law firms
  include:
   – Expansion of existing or new practice areas (16 mentions)
       • Litigation activity commonly mentioned
   – Improve overall performance/efficiency/matter management
     (12 mentions)
   – Increase productivity/utilization/billable hours (11 mentions)
   – Expansion into new geographies/markets (9 mentions)
   – Expansion with existing clients/cross selling (8 mentions)
   – Cost reduction/manage expenses and hiring (5 mentions)
   – Strengthen current relationships during time of economic
     pressure (4 mentions)


                                                                      6
2008 Outlook - Risks


• The most commonly mentioned risks for law firms include:
   – Economic conditions/recession (45 mentions)
   – Slowdown in business (10 mentions)
   – Rate pressures (5 mentions)
   – Associate retention/utilization (5 mentions)
   – Higher expenses (2 mentions)
   – Lack of focus (2 mentions)
   – Not enough attorneys (2 mentions)




                                                             7
Practice Area Growth
                or Decline
          What do you expect will happen to the overall volume of litigation or
          corporate/transactional work at your firm over the next 12 months?

     Almost two-thirds of attendees expect litigation volume to increase over the next 12 months
                                             96%
     On the flip side, 60% of attendees expect the volume of corporate/ transactional work to decrease


                                                                >10%   1-4%
                                                                                  To what degree do you
     Increase                                       62                            expect it to rise?
                     6%                             %
                                       33                          5-10%
Stay the same
                                       %
                                       35%
                                                                >10%
    Decrease         6%                                                    1-4%
                                                                                  To what degree do you
                                                   60%                            expect it to fall?

                0%              25%          50%          75%     5-10%
                          Litigation    Corporate/trans




                                                                                                          8
Practice Area Growth
          or Decline
     What do you expect will happen to the overall volume of litigation or
     corporate/transactional work at your firm over the next 12 months?

 Estimations for litigation volume has declined from a year ago but it is still expected to grow
 Corporate/transactional estimates is substantially different from last year

                     Litigation                                          Corporate/Transactional
 100% -                                                      100% -    93%
          85%
  75% -                                                        75% -
                                  62%                                                               60%
  50% -                                                        50% -
                                        33%                                                    35%
  25% -                                                        25% -
                7% 11%                        6%                             7% 0%        6%
   0% -                                                         0% -
              2007                    2008                                 2007                2008
           Survey Results          Survey Results                       Survey Results     Survey Results


                                  Increase          Stay the same      Decrease



                                                                                                            9
Practice Area Growth
             or Decline
Which practice area(s) at your firm do you expect to see the greatest growth/fall?

                     Litigation Growth (n=36)                      Corp/Trans Decline (n=38)
  IP (8 mentions)                     Construction (2 mentions)    Mergers & acquisitions (8 mentions)
  Bankruptcy/ restructuring (5
                                      White collar (4 mentions)    Private equity (4 mentions)
  mentions)
                                      Banking & Finance (3         Real estate/ real estate financing (4
  Securities (4 mentions)
                                      mentions)                    mention)
  Product liability/torts (4
                                                                   Structured finance (2 mentions)
  mentions)


 Litigation practice areas receiving one mention: Commercial,      Corporate/transactional practice
 General Litigation, Employment, Health care, Consumer,            areas receiving one mention:
 International Trade, Regulatory, Antitrust, International         Bankruptcy, Capital Markets,
 Arbitration, Business Tort, Complex Litigation, Class Actions,    Securities, Securitization
 Accountants Liability, Corporate Investing

 Litigation decline received one mention: Tort, general business



                                                                                                           10
Practice Area Growth
          or Decline
          Do you use a suite of applications to help manage litigation ?

 Over half of the attendees have a suite of applications to help manage litigation
 Most firms have a combination of home grown and purchased applications


      Don’t
                                                                                 Providers mentioned:
      know                                          75% -
                                                                                 Microsoft, Concordance,
     31%                                                                         Interwoven, Introspect, Elite
                                                    50% -   43%
                                                                       36%
                                     Yes
                                                    25% -                          21%
                                  54%
                                                     0% -                                     0%        0%
        No
                                                         Combination Multiple      Don’t     Home       Single
     15%                                                   of home
                                                          grown and
                                                                     providers     know      grown     provider

                                                          purchased




                                                                                                                  11
Key Mid-Year
Metrics


               12
THE WIDENING
                                PROFITABILITY GAP
            Substantial and widening differences in PPEP within each tier of profitability occurred during 2000-2006 and will likely intensify in 2008

                        PPEP – Top Tier                                                     PPEP – Middle Tier                                          PPEP – Bottom Tier
                                                           12.6%
$2,000          Superior                                   CAGR     $1,200          Superior                            13.6%        $1,000          Superior
$1,800          Average                                                             Average                             CAGR          $900           Average
$1,600          Under                                               $1,000          Under
                                                           6.2%                                                                       $800           Under                                  13.5%
$1,400                                                     CAGR
                                                                                                                                      $700                                                  CAGR
                                                                     $800
$1,200                                                                                                                      8.5%      $600                                                  7.0%
                                                                                                                            CAGR
$1,000                                                               $600                                                             $500                                                  CAGR
                                                           3.2%
 $800                                                                                                                       4.2%      $400
                                                           CAGR
 $600                                                                $400                                                   CAGR      $300                                                  4.3%
 $400                                                                                                                                 $200                                                  CAGR
                                                                     $200
 $200                                                                                                                                 $100
   $0                                                                  $0                                                               $0
         2000    2001          2002   2003   2004   2005     2006            2000    2001      2002   2003    2004   2005     2006            2000   2001       2002   2003   2004   2005   2006

                           •     Database includes 133 firms broadly representative of                  •    Each tier divided into 3 segments based on PPEP growth
                                 the legal industry in the United States                                     (2000-2006)
                           •     Firms divided into 3 tiers based on PPEP (top, middle,                        – Superior Performers
                                 bottom)                                                                       – Average Performers
                                                                                                               – Under Performers



                                                                                                                                                                                              13
PROFIT PER EQUITY
          PARTNER
The downturn in the economy in 2001 and upward pressure on expenses in the years leading
    up to 2001 caused profits to be flat and this is likely to recur – and worsen – in 2008
                                    14.8%

      Profit per
      Equity Partner
      Yearly Growth                                                    11.2%
                                                     10.4%
                                             10.2%
                                                               9.3%             9.0%
       PPEP Growth
       3-Year CAGR = 10.3%
       6-Year CAGR = 9.3%




                             0.2%

                             2001   2002     2003     2004     2005     2006     2007

                                                                                              14
REVENUE AND EXPENSE
             GROWTH
               2007 saw margin compression for the first time since 2001 –
                          a dynamic that will worsen in 2008
Revenue and Expense
Yearly Growth                                                             Revenue Growth
                                                                             13.2%
                                                                        12.2%
                                                                                     3-Year CAGR = 10.3%
     11.2%                            10.9%
                           10.4%                 10.3%                               6-Year CAGR = 9.8%
                                          9.5%              9.6% 9.2%
  8.8%       9.0%              8.8%                  8.9%
                                                                                     Expense Growth
                                                                                     3-Year CAGR = 9.2%
                                                                                     6-Year CAGR = 8.5%

                    3.3%

                                                                                        Revenue Growth

   2001       2002           2003       2004       2005       2006         2007         Expense Growth




                                                                                                           15
PROFIT EXPECTATION

   Profit growth expectations continue to wane as the majority of MPs expect growth to lag that
                                       of the last 7-8 years
100% -
            Level of
 90% -
            Projected Growth                                   Additional Observations
 80% -
                                                               Expected Primary Drivers of Net Income
 70% -
                                                                • 72% of respondents see demand increases as a
                                         63%                     primary driver of income growth
 60% -
                                                                • 55% of respondents see increases to their stated
 50% -                                      47%                  rates as a primary driver of income growth

                                                                • 18% of respondents think discounting pressure will
 40% -                                         35%               strongly impact profit growth
                                   32%
                                31%
 30% -

 20% -                  17%                          15%
                     10%    13%                                     3rd Quarter 2007
 10% -          8% 8%                                  8% 9%
           4%                                                       4th Quarter 2007
         1%
  0% -                                                              1st Quarter 2008
         Decrease   Unchanged   < 5%     5% - 10%     > 10%




                                                                                                                       16
Global Presence
                                                                          AmLaw Designation
     REVENUE AND EXPENSE                                                  Regional View




While firms across all segments continue to experience margin compression in
1Q08, the AmLaw 100 has been harder hit


                     Revenue (% change) vs. Expenses (% change)

             12.8%
                                                                    12.0%
                                9.9%


      5.1%                                        5.8%
                         5.4%                                5.0%
                                                                                     Revenue
                                                                                     Expenses
                                           0.3%

      AmLaw 100         AmLaw 200            Other            All Firms


                                                              Preliminary 1Q08

                                                                                                17
CASH CYCLE

Most firms improved their cash conversion cycle through 2006 but saw the cycle
 lengthen in 2007, a sign that it may prove difficult to shorten the cycle in 2008

                   Net Cash Conversion Cycle (Number of Days)
                   130

                   120       115
                                                  111
                   110                  106
                   100

                    90

                    80

                    70

                    60

                    50
                             2000       2006   2007 Flash
                                                                                     18
THE IMPORTANCE OF
                     FOOTPRINT

                   International firms experienced double digit PPEP growth in 2007 while regional firms
                                                outperformed national firms
           15.6%
14.2%
                                                                                                                          12.8%
                                            10.8%
                                                                                                              8.9%                                             9.0%
                                 8.4%
                                                                                                                                                   7.2%
                      5.9%
                                                       4.9%                                                                             5.0%

                                                                  2.5%
                                                                                                   1.7%
                                                                             0.8%       1.1%


Global International National   Regional   All Firms   Global International National   Regional   All Firms   Global   International   National   Regional   All Firms


          Net Income (% change)                             Equity Partner FTE (% change)                       Profit per Equity Partner (% change)



                                     Global Presence Growth Rates 2007 over 2006 Flash Results




                                                                                                                                                                  19
Key Trends in
Litigation


                20
Practitioners’ Perceptions

       “Work is up from last year, which was a kick-ass year”


“It’ll rise, if not significantly. As long as the economy is in decline it
will continue to rise. Companies are faltering, or at least defaulting
                           on loans, contracts etc.”


        “The litigation market will remain choppy this year . . . In
          securities we will see work when deals blow apart.”


      “When business opportunities are lost, all [companies] have
               left are claims, and they pursue them.”


                                                                             21
Practitioners’ Perceptions

        “In a downturn clients are less likely to litigate and
                        open the spigot”


“Not generally affected in litigation by a downturn in the economy.
                    Not quite counter-cyclical.”


     “There is usually a spike in recessionary times, but I am not
        sure we’ll see it this time because litigation is now so
                                expensive”




                                                                      22
Clients’ Perceptions

“We get sued when we don’t do what we saying we’re going to do . .
   . [and] there are a huge number of lawsuits where we didn’t do
 anything wrong but we get sued because we’re huge and someone
                              got mad”

“Whenever we do something new, boom, there comes the law firm
                         suing us”


                        “Class Action du jour”


     Litigation follows inexplicable cycles, with waves followed by
                     wonderful, brief periods of calm”


                                                                      23
Corporate Legal Spend
                          ($bn)
                          $31bn Litigation or related
                                  Corporate Legal Spend (2006-08)

                          $70


                          $60

                                                                            $31B circa
Expenditure ($,Billion)




                          $50
                                                                            8% growth
                          $40

                                                                              Bet the Company Litigation
                          $30
                                                                              Class Action
                                                                              Investigations
                          $20
                                                                              IP Litigation
                                                                              Regulatory
                          $10
                                                                              General Litigation
                                                                              Rest of Market
                           $0
                                2006           2007             2008
                                                             (projection)      Source: BTI Survey of Corporate Counsel




                                                                                                                         24
Growth in Corporate Legal
 Spend ($bn)
 ~60% Litigation or related
Breakdown of Growth in Corporate
     Legal Spend ($,Billion)

                                      $0.90


                                                      General Litigation
  $1.57                                               Regulatory
                                                      IP Litigation
                                                      Investigations
                                                      Class Action
                                                      Bet the Company Litigation
                                              $0.58
                                                      Rest of Market




          $0.16                   $0.31
                  $0.23   $0.09

                                                        Source: BTI Survey of Corporate Counsel




                                                                                                  25
Messages for Managing
         Partners

• Litigation is not         • Work-types and business sectors can
  homogeneous                 move independently of the economy
                              and each other



• Some firms are booming,   • If your litigators are struggling is it the
  while others are not        overall market, a sector issue, or that
                              they are failing to compete effectively?



• Plaintiff firms are       • Likely to appear in new areas of work
  diversifying


                                                                            26
Messages for Managing
        Partners
• Clients seem to prefer    • International arbitration and mediation
the courts to arbitration     remain popular




• Costs are a truly         • Perceived efficiency in staffing and
important issue               project management are key
                              competitive strengths



• E-Discovery is a major    • But this presents opportunities for firms
burden for clients            to manage the process well



                                                                          27
Focus: Litigation
Consulting
Services
John Sweeney, President
Litigation Consulting Services,
  a Thomson Reuters Company
                                  28
Focus: Strategic
Technology
Assessment
David B. Cunningham, Managing Director
Baker Robbins & Company
                                         29
Law Firm
         Technology Scorecard
•   Developed with a consortium of
    law firms to provide more
    integrity and depth than industry
    surveys and anecdotal
    observations.

•   Established a standardized
    approach and industry database
    for costs, staffing and process
    maturity.

•   Establishes a 360 degree view of
    technology effectiveness to
    provide context for the
    benchmarks.



                                        30
IT Maturity Model




                    31
IT Maturity Model,
continued




                     32
Rebalancing the Value
of the IT Department

       IT Operations             IT Internal Consulting
     (Infrastructure, PCs,         (Business Analysis,
    Support, Facilities, etc.)   Application Management,
                                  Practice Liaisons, etc.)


                                         • Usability and
              • Costs                      Lawyer
              • Risks                      Effectiveness
              • Staffing                 • Business Process
                                           Improvement
                                         • Information
                                           Integrity




                                                              33
IT Process Maturity (1 of 4)




                               34
Comparison of IT Maturity and
Cost
- 40 Technology Scorecard Firms 2006-2008

                        $14,067
   Costs per Employee




                        $11,413




                        $6,302
                                  Level 1        Level 2       Level 3

                                            IT Maturity/Risk



                                                                         35
Consulting
Services
RESPONDING TO LEGAL
INDUSTRY CHALLENGES




                      36
Market                 Increasing               Intensifying                 Increasing                Growth in
  Consolidation,           Competition               Competition                   Need for                 Costs of
Segmentation, and            for Talent               for Clients                Cost Control               Litigation
Global Expansion


     Law Firm              Leadership                  Client                   Infrastructure              Litigation
     Strategy            Development &              Development                 & Cost Control             Readiness &
                       Talent Management            and Growth                                               Support
• Strategy             • Leadership            • Strategic Business           • Procurement and         • Corporate Litigation
• M&A Advice/Counsel   • Talent Management       Development                    Records Management        Readiness
                                               • Business Development &         Services                • Litigation Support
• Compensation and     • Organization
  Performance            Development             Marketing Dept Analysis      • Strategic Technology      Services
  Management                                   • Pricing Strategy               Services                • Project Management
                       • Talent Integration
• Firm Management                              • Client Feedback              • Managed Technology        Services
                       • Practice Management                                    Services
                                               • Existing Client and Market
                                                 Share Intelligence           • Financial Systems
                                                 Analysis                       Implementation
                                               • SAM-Legal [Strategic         • Records, Risk
                                                 Account Management]            Management &
                                                                                Compliance
                                               • Rainmaking Advantage
                                                                              • Practice Group
                                               • Client Retention               Automation
                                                 Strategies Through
                                                 Business Intelligence        • Intellectual Property
                                                                                Practice Management
                                               • Insightful Client
                                                 Relationship                 • Web Portal Design
                                                 Development                  • Merger Technology &
                                                                                Process Integration
                                                                                                                                 37
Law Firm Advisory
                           Services Overview
                    Market Consolidation,                               Increasing                                     Intensifying                                          Increasing                                   Growth in
                    Segmentation, and                                   Competition                                    Competition                                           Need for                                     Costs of
                    Global Expansion                                    for Talent                                     for Clients                                           Cost Control                                 Litigation




                Brad Hildebrandt                                                                            Brad Robbins                                                                                  John Sweeney




                   Client                     Infrastructure                             Knowledge                      Strategic                      Client                                 E-Discovery                   Managed
                Development                 (Buying Services)                           Management/                    Technology                   Relationship                               Services                     Services
                 & Growth                     -----------------------                    Information                    Planning/                   Management                              -----------------------    -----------------------
                                                    Nick Quil                                                                                                                                 John Sweeney                 Jamie Berry
               -----------------------        -----------------------                      Access                       Facilities                 -----------------------                  -----------------------    -----------------------
                  Silvia Coulter                                                                                                                    Alan Nathanson
                                                   ED | CFO                            -----------------------      -----------------------        -----------------------                 MP | LM | CIO | CTO        MP | LM | CIO | CTO
               -----------------------                                                     Peter Buck               Dave Cunningham
                                                                                       -----------------------                                             CMO
                MP | CMO | HR                                                                                          Steve Falkin
                                                                                            CIO | CKO
                                                                                                                    -----------------------
                                                                                                                            CTO




   Law Firm                     Leadership                                Financial                       Risk                        Business                                    Litigation                 Litigation                  Computer
   Strategy                    Development                                 Systems                     Management/                   Intelligence                                 Services                   Readiness                   Forensics
-----------------------          & Talent                                 (Assess &                    Compliance                  -----------------------                    -----------------------     -----------------------    -----------------------
     Lisa Smith                                                                                                                        Don Gibson                               Jim Mittenthal                Pam Downs
-----------------------        Management                               Implementation)               -----------------------      -----------------------                                                                                Eric Mazur
                              -----------------------                   -----------------------            Meg Block                                                          -----------------------        David Rohde                 Jamie Berry
 MP | ED | COC                                                                                                                         CMO | CBD
                                 Larry Richard                                                        -----------------------                                                MP | LM | CIO | CTO          -----------------------    -----------------------
                              -----------------------                     Nathan Bowie
                                                                         Barbara Schane              MP | ED | CFO | GC                                                                                  MP | LM | CIO | CTO        MP | LM | CIO | CTO
                                    MP | HR
                                                                           Jackson (HI)
                                                                        -----------------------
                                                                         ED | CFO | CIO


                                                                                                                                                                                                                                                               38

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Thomson reuters cio advisory board state of legal industry by steve daitch and dave cunningham aug 2008

  • 1. Consulting Services Overview: State of The Legal Industry Steven P. Daitch, with Dave Cunningham August 24, 2008
  • 2. 2008 Legal Industry Executive Briefing Pre-Briefing Survey Results 2
  • 3. Methodology • 105 Managing partners and executive directors from the AmLaw 150, UK Magic Circle, Canadian LEXPERT Top 30 attended the third Legal Industry Executive Briefing in May. • 50% of the attendees completed a pre- Briefing e-mail survey. Survey was designed to identify current issues for content presentations. 3
  • 4. 2008 Outlook When compared to 2007, do you expect your firm's 2008 billings to…? Almost two-thirds of attendees expect their 2008 billings to increase compared to 2007 100% - 5% Drivers of Growth: Stay the Same - Increase in rates (91%) 75% - 29 - Addition of attorneys/staff (74%) - More billable hours (41%) % 50% - 38% - Added practice groups/areas (27%) - Added international offices (18%) Decrease Increase - Merger or partnership (9%) 6% 65% 25% - 15% 0% - 5% 6-10% >10 % 4
  • 5. 2008 Outlook When compared to 2007, do you expect your firm's 2008 billings to…? Many attendees foresee an increase in year over year billings, but not as optimistic as last year 100% - 96% 80% - 65% 60% - Increase Decrease 40% - Stay the same 29% 20% - 2% 2% 6% 0% - 2007 2008 Survey Results Survey Results 5
  • 6. 2008 Outlook - Opportunities • The most commonly mentioned opportunities for law firms include: – Expansion of existing or new practice areas (16 mentions) • Litigation activity commonly mentioned – Improve overall performance/efficiency/matter management (12 mentions) – Increase productivity/utilization/billable hours (11 mentions) – Expansion into new geographies/markets (9 mentions) – Expansion with existing clients/cross selling (8 mentions) – Cost reduction/manage expenses and hiring (5 mentions) – Strengthen current relationships during time of economic pressure (4 mentions) 6
  • 7. 2008 Outlook - Risks • The most commonly mentioned risks for law firms include: – Economic conditions/recession (45 mentions) – Slowdown in business (10 mentions) – Rate pressures (5 mentions) – Associate retention/utilization (5 mentions) – Higher expenses (2 mentions) – Lack of focus (2 mentions) – Not enough attorneys (2 mentions) 7
  • 8. Practice Area Growth or Decline What do you expect will happen to the overall volume of litigation or corporate/transactional work at your firm over the next 12 months?  Almost two-thirds of attendees expect litigation volume to increase over the next 12 months 96%  On the flip side, 60% of attendees expect the volume of corporate/ transactional work to decrease >10% 1-4% To what degree do you Increase 62 expect it to rise? 6% % 33 5-10% Stay the same % 35% >10% Decrease 6% 1-4% To what degree do you 60% expect it to fall? 0% 25% 50% 75% 5-10% Litigation Corporate/trans 8
  • 9. Practice Area Growth or Decline What do you expect will happen to the overall volume of litigation or corporate/transactional work at your firm over the next 12 months?  Estimations for litigation volume has declined from a year ago but it is still expected to grow  Corporate/transactional estimates is substantially different from last year Litigation Corporate/Transactional 100% - 100% - 93% 85% 75% - 75% - 62% 60% 50% - 50% - 33% 35% 25% - 25% - 7% 11% 6% 7% 0% 6% 0% - 0% - 2007 2008 2007 2008 Survey Results Survey Results Survey Results Survey Results Increase Stay the same Decrease 9
  • 10. Practice Area Growth or Decline Which practice area(s) at your firm do you expect to see the greatest growth/fall? Litigation Growth (n=36) Corp/Trans Decline (n=38) IP (8 mentions) Construction (2 mentions) Mergers & acquisitions (8 mentions) Bankruptcy/ restructuring (5 White collar (4 mentions) Private equity (4 mentions) mentions) Banking & Finance (3 Real estate/ real estate financing (4 Securities (4 mentions) mentions) mention) Product liability/torts (4 Structured finance (2 mentions) mentions) Litigation practice areas receiving one mention: Commercial, Corporate/transactional practice General Litigation, Employment, Health care, Consumer, areas receiving one mention: International Trade, Regulatory, Antitrust, International Bankruptcy, Capital Markets, Arbitration, Business Tort, Complex Litigation, Class Actions, Securities, Securitization Accountants Liability, Corporate Investing Litigation decline received one mention: Tort, general business 10
  • 11. Practice Area Growth or Decline Do you use a suite of applications to help manage litigation ?  Over half of the attendees have a suite of applications to help manage litigation  Most firms have a combination of home grown and purchased applications Don’t Providers mentioned: know 75% - Microsoft, Concordance, 31% Interwoven, Introspect, Elite 50% - 43% 36% Yes 25% - 21% 54% 0% - 0% 0% No Combination Multiple Don’t Home Single 15% of home grown and providers know grown provider purchased 11
  • 13. THE WIDENING PROFITABILITY GAP Substantial and widening differences in PPEP within each tier of profitability occurred during 2000-2006 and will likely intensify in 2008 PPEP – Top Tier PPEP – Middle Tier PPEP – Bottom Tier 12.6% $2,000 Superior CAGR $1,200 Superior 13.6% $1,000 Superior $1,800 Average Average CAGR $900 Average $1,600 Under $1,000 Under 6.2% $800 Under 13.5% $1,400 CAGR $700 CAGR $800 $1,200 8.5% $600 7.0% CAGR $1,000 $600 $500 CAGR 3.2% $800 4.2% $400 CAGR $600 $400 CAGR $300 4.3% $400 $200 CAGR $200 $200 $100 $0 $0 $0 2000 2001 2002 2003 2004 2005 2006 2000 2001 2002 2003 2004 2005 2006 2000 2001 2002 2003 2004 2005 2006 • Database includes 133 firms broadly representative of • Each tier divided into 3 segments based on PPEP growth the legal industry in the United States (2000-2006) • Firms divided into 3 tiers based on PPEP (top, middle, – Superior Performers bottom) – Average Performers – Under Performers 13
  • 14. PROFIT PER EQUITY PARTNER The downturn in the economy in 2001 and upward pressure on expenses in the years leading up to 2001 caused profits to be flat and this is likely to recur – and worsen – in 2008 14.8% Profit per Equity Partner Yearly Growth 11.2% 10.4% 10.2% 9.3% 9.0% PPEP Growth 3-Year CAGR = 10.3% 6-Year CAGR = 9.3% 0.2% 2001 2002 2003 2004 2005 2006 2007 14
  • 15. REVENUE AND EXPENSE GROWTH 2007 saw margin compression for the first time since 2001 – a dynamic that will worsen in 2008 Revenue and Expense Yearly Growth Revenue Growth 13.2% 12.2% 3-Year CAGR = 10.3% 11.2% 10.9% 10.4% 10.3% 6-Year CAGR = 9.8% 9.5% 9.6% 9.2% 8.8% 9.0% 8.8% 8.9% Expense Growth 3-Year CAGR = 9.2% 6-Year CAGR = 8.5% 3.3% Revenue Growth 2001 2002 2003 2004 2005 2006 2007 Expense Growth 15
  • 16. PROFIT EXPECTATION Profit growth expectations continue to wane as the majority of MPs expect growth to lag that of the last 7-8 years 100% - Level of 90% - Projected Growth Additional Observations 80% - Expected Primary Drivers of Net Income 70% - • 72% of respondents see demand increases as a 63% primary driver of income growth 60% - • 55% of respondents see increases to their stated 50% - 47% rates as a primary driver of income growth • 18% of respondents think discounting pressure will 40% - 35% strongly impact profit growth 32% 31% 30% - 20% - 17% 15% 10% 13% 3rd Quarter 2007 10% - 8% 8% 8% 9% 4% 4th Quarter 2007 1% 0% - 1st Quarter 2008 Decrease Unchanged < 5% 5% - 10% > 10% 16
  • 17. Global Presence AmLaw Designation REVENUE AND EXPENSE Regional View While firms across all segments continue to experience margin compression in 1Q08, the AmLaw 100 has been harder hit Revenue (% change) vs. Expenses (% change) 12.8% 12.0% 9.9% 5.1% 5.8% 5.4% 5.0% Revenue Expenses 0.3% AmLaw 100 AmLaw 200 Other All Firms Preliminary 1Q08 17
  • 18. CASH CYCLE Most firms improved their cash conversion cycle through 2006 but saw the cycle lengthen in 2007, a sign that it may prove difficult to shorten the cycle in 2008 Net Cash Conversion Cycle (Number of Days) 130 120 115 111 110 106 100 90 80 70 60 50 2000 2006 2007 Flash 18
  • 19. THE IMPORTANCE OF FOOTPRINT International firms experienced double digit PPEP growth in 2007 while regional firms outperformed national firms 15.6% 14.2% 12.8% 10.8% 8.9% 9.0% 8.4% 7.2% 5.9% 4.9% 5.0% 2.5% 1.7% 0.8% 1.1% Global International National Regional All Firms Global International National Regional All Firms Global International National Regional All Firms Net Income (% change) Equity Partner FTE (% change) Profit per Equity Partner (% change) Global Presence Growth Rates 2007 over 2006 Flash Results 19
  • 21. Practitioners’ Perceptions “Work is up from last year, which was a kick-ass year” “It’ll rise, if not significantly. As long as the economy is in decline it will continue to rise. Companies are faltering, or at least defaulting on loans, contracts etc.” “The litigation market will remain choppy this year . . . In securities we will see work when deals blow apart.” “When business opportunities are lost, all [companies] have left are claims, and they pursue them.” 21
  • 22. Practitioners’ Perceptions “In a downturn clients are less likely to litigate and open the spigot” “Not generally affected in litigation by a downturn in the economy. Not quite counter-cyclical.” “There is usually a spike in recessionary times, but I am not sure we’ll see it this time because litigation is now so expensive” 22
  • 23. Clients’ Perceptions “We get sued when we don’t do what we saying we’re going to do . . . [and] there are a huge number of lawsuits where we didn’t do anything wrong but we get sued because we’re huge and someone got mad” “Whenever we do something new, boom, there comes the law firm suing us” “Class Action du jour” Litigation follows inexplicable cycles, with waves followed by wonderful, brief periods of calm” 23
  • 24. Corporate Legal Spend ($bn) $31bn Litigation or related Corporate Legal Spend (2006-08) $70 $60 $31B circa Expenditure ($,Billion) $50 8% growth $40 Bet the Company Litigation $30 Class Action Investigations $20 IP Litigation Regulatory $10 General Litigation Rest of Market $0 2006 2007 2008 (projection) Source: BTI Survey of Corporate Counsel 24
  • 25. Growth in Corporate Legal Spend ($bn) ~60% Litigation or related Breakdown of Growth in Corporate Legal Spend ($,Billion) $0.90 General Litigation $1.57 Regulatory IP Litigation Investigations Class Action Bet the Company Litigation $0.58 Rest of Market $0.16 $0.31 $0.23 $0.09 Source: BTI Survey of Corporate Counsel 25
  • 26. Messages for Managing Partners • Litigation is not • Work-types and business sectors can homogeneous move independently of the economy and each other • Some firms are booming, • If your litigators are struggling is it the while others are not overall market, a sector issue, or that they are failing to compete effectively? • Plaintiff firms are • Likely to appear in new areas of work diversifying 26
  • 27. Messages for Managing Partners • Clients seem to prefer • International arbitration and mediation the courts to arbitration remain popular • Costs are a truly • Perceived efficiency in staffing and important issue project management are key competitive strengths • E-Discovery is a major • But this presents opportunities for firms burden for clients to manage the process well 27
  • 28. Focus: Litigation Consulting Services John Sweeney, President Litigation Consulting Services, a Thomson Reuters Company 28
  • 29. Focus: Strategic Technology Assessment David B. Cunningham, Managing Director Baker Robbins & Company 29
  • 30. Law Firm Technology Scorecard • Developed with a consortium of law firms to provide more integrity and depth than industry surveys and anecdotal observations. • Established a standardized approach and industry database for costs, staffing and process maturity. • Establishes a 360 degree view of technology effectiveness to provide context for the benchmarks. 30
  • 33. Rebalancing the Value of the IT Department IT Operations IT Internal Consulting (Infrastructure, PCs, (Business Analysis, Support, Facilities, etc.) Application Management, Practice Liaisons, etc.) • Usability and • Costs Lawyer • Risks Effectiveness • Staffing • Business Process Improvement • Information Integrity 33
  • 34. IT Process Maturity (1 of 4) 34
  • 35. Comparison of IT Maturity and Cost - 40 Technology Scorecard Firms 2006-2008 $14,067 Costs per Employee $11,413 $6,302 Level 1 Level 2 Level 3 IT Maturity/Risk 35
  • 37. Market Increasing Intensifying Increasing Growth in Consolidation, Competition Competition Need for Costs of Segmentation, and for Talent for Clients Cost Control Litigation Global Expansion Law Firm Leadership Client Infrastructure Litigation Strategy Development & Development & Cost Control Readiness & Talent Management and Growth Support • Strategy • Leadership • Strategic Business • Procurement and • Corporate Litigation • M&A Advice/Counsel • Talent Management Development Records Management Readiness • Business Development & Services • Litigation Support • Compensation and • Organization Performance Development Marketing Dept Analysis • Strategic Technology Services Management • Pricing Strategy Services • Project Management • Talent Integration • Firm Management • Client Feedback • Managed Technology Services • Practice Management Services • Existing Client and Market Share Intelligence • Financial Systems Analysis Implementation • SAM-Legal [Strategic • Records, Risk Account Management] Management & Compliance • Rainmaking Advantage • Practice Group • Client Retention Automation Strategies Through Business Intelligence • Intellectual Property Practice Management • Insightful Client Relationship • Web Portal Design Development • Merger Technology & Process Integration 37
  • 38. Law Firm Advisory Services Overview Market Consolidation, Increasing Intensifying Increasing Growth in Segmentation, and Competition Competition Need for Costs of Global Expansion for Talent for Clients Cost Control Litigation Brad Hildebrandt Brad Robbins John Sweeney Client Infrastructure Knowledge Strategic Client E-Discovery Managed Development (Buying Services) Management/ Technology Relationship Services Services & Growth ----------------------- Information Planning/ Management ----------------------- ----------------------- Nick Quil John Sweeney Jamie Berry ----------------------- ----------------------- Access Facilities ----------------------- ----------------------- ----------------------- Silvia Coulter Alan Nathanson ED | CFO ----------------------- ----------------------- ----------------------- MP | LM | CIO | CTO MP | LM | CIO | CTO ----------------------- Peter Buck Dave Cunningham ----------------------- CMO MP | CMO | HR Steve Falkin CIO | CKO ----------------------- CTO Law Firm Leadership Financial Risk Business Litigation Litigation Computer Strategy Development Systems Management/ Intelligence Services Readiness Forensics ----------------------- & Talent (Assess & Compliance ----------------------- ----------------------- ----------------------- ----------------------- Lisa Smith Don Gibson Jim Mittenthal Pam Downs ----------------------- Management Implementation) ----------------------- ----------------------- Eric Mazur ----------------------- ----------------------- Meg Block ----------------------- David Rohde Jamie Berry MP | ED | COC CMO | CBD Larry Richard ----------------------- MP | LM | CIO | CTO ----------------------- ----------------------- ----------------------- Nathan Bowie Barbara Schane MP | ED | CFO | GC MP | LM | CIO | CTO MP | LM | CIO | CTO MP | HR Jackson (HI) ----------------------- ED | CFO | CIO 38