From Recession to Upturn Financial Management and Strategy for Law Firms
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From recession to upturn Financial management and strategy for law firms ANDREW OTTERBURN AND FIONA WESTWOOD From recession to upturn Financial management and strategy for law firms ANDREW OTTERBURN AND FIONA WESTWOOD Copyright © The Law Society 2009 Adapted from the edition first published in England and Wales by the Law Society of England and Wales in 2009 This edition published in Scotland in 2010 by The Law Society of Scotland, 26 Drumsheugh Gardens Edinburgh EH3 7YR Design and artwork by Claire Lovie, Edinburgh Email: [email protected] FROM RECESSION TO UPTURN About the authors Andrew Otterburn A chartered accountant and management consultant, Andrew has advised around 250 firms in the UK and Ireland on their management and profitability. He is joint author of the annual survey of law firms in Scotland, published by the Law Society of Scotland. His most recent book, “Profitability and Law Firm Management” was published by the Law Society in 2002, with the second edition published in 2007. In 2006 he was an advisor to Lord Carter’s review of legal aid procurement in England and Wales. He is a member of the Executive Committee of the Law Management Section, a founding member of the The Law Consultancy Network, and a core MBA faculty member and module leader for the Nottingham Law School MBA in Legal Practice. Fiona Westwood Fiona Westwood worked in private practice for 20 years before setting up Westwood Associates in 1994 as a management consultancy specialising in strategic development for professional firms. She is a founding member of the The Law Consultancy Network, a member of the Law Society of Scotland’s Standards Working Party and CPD project leader on their Education and Training Review. Her first book, Achieving Best Practice was nominated by McGraw-Hill as their September 2000 Book of the Month. The revised edition of her second book, Accelerated Best Practice has recently been published - see www.westwood-associates.com Sarah Wilkinson Sarah Wilkinson qualified as a chartered accountant with Touche Ross in London in 1988, having graduated from Durham University, where she gained a first class honours degree in Economics. She was Group Financial Controller at Clifford Chance LLP from 2000 to 2004 and previously worked at Eversheds LLP in London. She is Finance Director for Field Fisher Waterhouse LLP. 2 FROM RECESSION TO UPTURN Simon Young A solicitor since 1977, and former Managing Partner, Simon took the MBA in Legal Practice Management at Nottingham Law School. He has been on the Executive of the Law Management Section of the Law Society since 1999, and since 2001 has represented that Section on the Law Society Council. He chairs the Rules & Ethics group on the representative side of the Society. He is a founding member of the The Law Consultancy Network. He assists law firms with mergers, conversion to LLP status, management and structural matters, and, increasingly, with compliance issues. He has a particular interest in the Legal Services Act, and the business possibilities for law firms in the legislation relating to Legal Disciplinary Practices and Alternative Business Structures. Simon’s solo publications include Limited Liability Partnerships Handbook (2nd edition, 2007, Tottell Publishing); the Law Society’s New Partners’ Guide to Management; and the volumes constituting the ‘Partnership’ title of the Encyclopaedia of Forms and Precedents. Joint publications include the Money Laundering Reporting Officer’s Handbook (LexisNexis); and the Law Society’s Office Procedures Manual. Colin FitzPatrick Colin was a Partner in Grant Thornton for ten years where he specialised in Partnerships, mainly Solicitors. He was the North East‘s representative on the firm’s National Legal Business Panel, and was on their Business Valuation Panel. In 1998 Colin established FitzPatrickRoyle as an independent Practice, undertaking Business advisory and Forensic Accounting work. The Practice has several Legal Business clients and Colin has undertaken a number of consultancy assignments for them covering Partnership Structure, Mergers and Dissolutions. In 2007 Colin undertook a mergers pilot project as part of Lord Carter’s Review of Legal Aid Procurement, which looked at the opportunities for promoting mergers between smaller Criminal Law Firms. He has also lectured for the Law Society and other organisations on various Legal Business matters and wrote three chapters in the Law Management Section’s Mergers Toolkit published in 2007. 3 FROM RECESSION TO UPTURN Foreword As a principal in private practice for more than twenty years, mainly as a sole practitioner, I found that all too often financial planning was limited to a hasty calculation as to whether I was likely to have enough money to pay the VAT, the schedule D or the rent six weeks ahead. I, like many of you, regarded the practice of the law as the provision of a public service, with its secondary object to be making a living, rather than making a fortune. But you don’t need to be poor to be happy and the lawyer who is freed from worries about his or her personal financial survival is also a lawyer who is better placed to deliver that very service to the client. Proper financial planning is a key to that objective. This guidance aims to support solicitors in understanding why forward financial planning is an important and a central element of building a sustainable and profitable business model, whatever the area of law and whatever the size of the firm or organisation. Solicitors in Scotland play a vital role in the lives of individuals and businesses. They interact with a wide cross section of society whether it is to support business and economic growth or to challenge wrongs and protect the rights of the vulnerable. A solicitor’s own business is equally affected by the economic conditions prevailing which affect their clients’ business. To maintain their own position in the marketplace it is vital that solicitors are equipped to understand the economic conditions in which they and their competitors are operating. Solicitors must have appropriate information to enable them to make relevant choices regarding their business model and their business method. This will enable firms of all sizes to weather the difficult times and emerge well prepared for improved conditions. The Law Society of Scotland sees the promotion of sound business development as absolutely central to the development of a well rounded modern profession. I am grateful to The Law Consultancy Network (in particular Andrew Otterburn, Fiona Westwood and Simon Young) for the huge effort put into developing this guidance, and to the law firms that have helped us develop examples of best practice in business. Ian Smart PRESIDENT 4 FROM RECESSION TO UPTURN Contents About the authors ............................................................................................................ 2 Foreword from the President of the Law Society of Scotland ............................................. 4 PART 1 – THE EFFECT OF THE ECONOMIC SLOWDOWN ON FIRMS .................................. 7 1. 2009 to 2012 – a changing landscape ............................................................................ 8 The impact on firms so far........................................................................................... 8 The key area – cash ..................................................................................................... 9 A two stage process: stabilise the business then prepare for the up turn ...................... 9 The wider landscape.................................................................................................... 9 2. Firms in trouble.............................................................................................................. 10 The warning signs ..................................................................................................... 10 Talk to someone as soon as possible .......................................................................... 11 Funding your practice ................................................................................................ 11 Dealing with your bank ............................................................................................. 12 Keeping the bank informed – what your bank will expect from you............................ 12 PART 2 – EFFECTIVE FINANCIAL MANAGEMENT TO STABILISE THE BUSINESS............... 15 3. Stabilising the business – cash and profitability......................................................... 16 Improving cash – the initial areas to look at ............................................................... 16 Overheads ................................................................................................................. 17 Salaries ..................................................................................................................... 19 Gearing or leverage ................................................................................................... 20 4. Working capital management – unbilled time, debtors and outlays........................ 23 The engagement letter – the key first stage ............................................................... 23 Monies on account and credit checks ....................................................................... 24 Costs updates .......................................................................................................... 24 Commercial clients ...................................................................................................