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Law Firm Profitability: The Art and Science

By Timothy B. Corcoran and Marcie Borgal Shunk
January 01, 2019

The manner in which law firm leaders measure profitability has the potential to have a profound impact on behavior and motivation, particularly as more firms integrate this metric into their operational management and compensation systems. Yet the nuance involved in establishing profitability metrics opens the door for even the most well-intentioned to encourage and incentivize the wrong behaviors. In a competitive market, firms chasing the false profits of production will quickly be left behind. As law firms continue to embrace and deploy profit metrics, it is essential lawyer leaders — and not just their business advisers — truly understand the implications and risks involved in their decisions, every step of the way.

Pricing Pressures Open the Door

Law firms are early in their trajectory of understanding and applying profitability metrics. The relentless pressure from clients is forcing law firm leaders to better understand underlying performance. Client requirements for greater efficiency, flexible pricing options and reliable quality metrics (perhaps alongside tepid demand growth) have provided the initial impetus for exploring profitability, most often at the matter level. For the most part, this stage is where most law firms remain. Matter profitability and, relatedly, the improvement of matter management tools and techniques are today's most common profit-measuring activity. We estimate fewer than a third of AmLaw 200 firms are actively, systematically measuring and using matter profitability firmwide.

Matter profitability measures alone do not a profitable firm make, just as aggregate firm profitability measures don't guarantee timekeeper or matter profitability. Improvements at the matter level, depending on how profits are measured, may or may not have a positive impact on the firm's bottom line. As with so many concepts, to borrow a well-worn phrase, the devil is in the detail. To become increasingly effective, law firm leaders must not only embrace multiple approaches to measuring profit, but also rely on different measures for different business purposes. One size most certainly does not fit all.

Unintended Consequences

The utility of a profitability metric, and the behaviors it fosters, are heavily influenced by the underlying assumptions. For example, the seemingly straightforward approach of allocating higher lease costs to partners in more expensive cities may make these partners less desirable to those looking to staff a matter profitably. Similarly, highly utilized lawyers may appear to have a lower cost per hour than less busy colleagues. Accordingly, busy lawyers might attract even more work while others fight an uphill battle to secure enough work to break even. Focusing on the wrong profit metric may lead to underutilization of high-cost resources, lost opportunities to engage talent and staffing decisions at odds with what, ultimately, may be best for the client. If the most knowledgeable lawyer on a specific topic is deemed a poor choice for the bottom line and she's overlooked in favor a less experienced, yet less expensive option, quality will suffer.

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