The Work from Home Calculus: Productivity + Inequality - Collaboration + Quality of Life - Cost

Yahoo's newish CEO, Marissa Mayer, recently reversed the company policy that allowed, even encouraged, employees to work from home.  This action has generated a lot of news copy, both for and against, and as is now the norm the masses are weighing in via social media.  Most views I've read tend to be stridently for or against working from home, with little middle ground:  one camp assumes such a policy encourages lazy people to watch Ellen all day while the hard workers toil; the other camp assumes such a policy extracts more output from workers who no longer know when the workday ends.  There are endless variations on the theme.  I first worked remotely in 1991 while living outside Boston for a Denver-based company, and since then I've seen every permutation and combination of work-from-home policy and I've seen both experienced and novice executives fumble with managing in such an environment.  My view is that such a policy is a simple study in microeconomics:  if you're clear what outcome you're solving for, the correct policy is easier to choose.  Wearing my former CEO hat, here are the issues I think about when deciding whether an employee may work from home. Photo credit: LexisNexis.comInequality - Let's tackle this right up front. Few businesses can operate 100% virtually. This means that, sooner or later, some people will have to be centrally located and won't have the option to work remotely. Get over it. Your H.R. professionals will quake at the notion of treating employees inequitably, but that's just one of many reasons H.R. professionals rarely end up as CEO. The fact is, treating everyone the same is a stupid idea. Hersey and Blanchard in their Situational Leadership theory posit that people have to be managed differently based on their individual skill set and the task at hand. One person might need to be micro-managed for a task that another person can handle unsupervised.   As I've discussed previously, too often managers make decisions out of a misguided sense of fairness, whether it's cutting all budgets proportionally during down times without regard to profit contribution, or, in this case, refusing to allow a work-from-home policy because if we can't offer it everyone, then we can't offer it at all. Simply put, good leaders focus on what's right for the business and what's right for the individual, and when you have to break ranks and treat someone differently in order to achieve a better outcome, and you can do so without imposing undue hardships on the business, you act.

Productivity - Studies have shown that people are generally more productive when outside distractions are minimized.  I'd provide a few references here, but it doesn't take a double blind study to agree that limiting the interruptions of phone calls, sneezing co-workers, lengthy commutes, endless status meetings, emails, periodic fire alarm drills and long lunch breaks can lead to increased focus and output. In fact, as many companies have learned, those who work from home often fail to adhere to regular work schedules and often work far more than if they were sitting in an office or cubicle for 7.5 hours each day. But the key is to recognize which tasks can benefit from prolonged and isolated focus, and which tasks are unsuitable. I can't answer that for you, but I have enjoyed success asking my various teams to conduct a self-assessment and recommend which of their jobs could be performed remotely, and I've been pleasantly surprised at the candor and objectivity. And at the risk of beating a dead horse, I have rarely been impressed with my H.R. staff's assessments, primarily because so few of them understand the business, let alone individual job designs or tasks. Will some of your employees occasionally watch television, or duck out for a dentist appointment? Of course. But no workplace, even those with an open floor plan, prohibitions against personal phone calls and restricted access to social media, is fully productive at all times.  Also, if you or your managers are unable to hire responsible adults, then I question your own competence.

Collaboration - Technology exists that fosters virtual collaboration, whether it's the awe-inspiring Cisco Telepresence video-conference system, the document management systems allowing simultaneous annotation by multiple parties or business-oriented social media like Chatter or Yammer (although let's not get carried away with our virtual tools!)  Trouble is, many organizations invest in technology as if its presence alone will somehow change behaviors. The fact is, where there is a culture of collaboration, people will find ways, even inelegant non-technology ways, to interact; where there is no culture of collaboration, no technology will solve the problem (One example, law firm CRM, a technology asked to solve a problem lawyers refuse to acknowledge; here's another).  Some who work remotely will suffer from the lack of creativity and innovation sparked by interaction with others -- often spontaneous and unscripted and unrelated to the given task.  Salespeople who primarily operate independently and in the field, but who periodically need more brochures or contracts reviewed, can typically do so without ever setting foot in an office. Programmers who are constantly sharing code or who regularly need input from other teams writing code sets immediately upstream or downstream tend to perform worse when they delay collaboration until pre-set meeting times rather than simply getting up and walking two rows over to compare notes. Again, you'll have to assess the importance of collaboration in your own organizations, but don't underestimate its importance, even in jobs that don't ostensibly appear to benefit from it.

Cost - A former colleague of mine substantially raised his profile and career prospects by spearheading a controversial initiative to close all regional offices and send employees home to work, saving millions of dollars in office leases, equipment and presumed lost productivity from employee commute times.  Like many organizations, we talked of long-term strategy in our annual reports but spent most of the year focused on short-term performance, and make no mistake we saved a lot of money and boosted earnings for a few years through this initiative.  But be sure to focus on the net savings, once the transition costs are calculated. For example, in our case we had to purchase desktop computers or laptops for scores of employees, reimburse in full or in part for an extra phone line (this was before ubiquitous high speed internet access), and reimburse for hotel meeting rooms and countless Starbucks for confabs of small groups who needed to interact regularly. Our savings were still substantial, but your mileage may vary.  An economist might also point out that one man's cost savings is another man's cost shifting. For example, those who regularly visited customers were now required by IRS guidelines to treat their first and last appointments of the day as a commute, which is not typically a reimbursable business expense. The company saved a few bucks in the short run, but the employees devised ingenious solutions to limit their personal outlay by re-arranging their days (and impairing their productivity) in ways that we didn't anticipate. (For more on the cost savings vs. cost shifting debate, see this health care example.)

Quality of Life - An employee who was facing some troubling family health issues and who needed to be home approached me and asked if he could work from home.  The nature of the work he performed for me was pricing analysis, forecasting and modeling, and he could access all systems from home and join meetings by phone or, with sufficient time to plan, in person.  He was far too valuable to lose, and his remote working arrangement posed no burden to the company (other than feelings of inequity from other cubicle-bound colleagues), so I agreed.  For quite some time he was able to attend to his family issues and deliver a quality work product.  When his situation changed, he returned to the office, grateful to his forward-thinking employers for the opportunity.  Without question, the loss of income would have burdened him as would the loss of his specialized expertise have burdened us. It was an optimal arrangement.  For me, even when I was a HQ-based executive, I periodically worked from home in order to avoid the stress of my harrowing hour-plus commute on the highways of New Jersey.  Simple common sense suggests that, all else being equal, a happier employee is a more productive, stable employee.

Your own calculus may differ.  To me this is a fairly straight-forward linear programming equation.  Factor in the things that matter to you - cost, quality of life, productivity, collaboration, equality, etc. - weight the factors accordingly, determine specifically what you're solving for, and do the math.  If cost savings is what matters most, you may choose a different path than someone focused on employee retention or someone focused on a short-term max productivity to push a product out the door.  And don't invite the contribution of the silly protectors of the status quo, the H.R. staff, unless they can add demonstrable value.  Whatever you choose, make it a rational choice based on a variety of factors.  And if you choose to conduct this analysis at home on your comfy recliner while watching funny daytime TV, you have my blessing.

 

Timothy B. Corcoran delivers keynote presentations and conducts workshops to help lawyers, in-house counsel and legal service providers profit in a time of great change.  To inquire about his services, click here or contact him at +1.609.557.7311 or at tim@corcoranconsultinggroup.com.

 

New Group to Address Client Value - Pricing, Project Management, Process Improvement

Those of us who have spent years in the trenches helping law departments obtain more value from outside counsel, and helping law firms better profit while delivering more value to their clients, have long lamented the lack of an organized effort to share best practices with others facing the same challenges, particularly with regard to best practices in pricing, project management and process improvement.  Our wait is over:  the international Legal Marketing Association (LMA) announced the formation of a new "Client Value" Special Interest Group (SIG) with a charter to network, educate and share best practices among law firm, law department and service provider professionals who focus on pricing, project management and process improvement.  The SIG is one of several offered by LMA; the others focus on Competitive Intelligence, Small Firm/Solo Marketing, Service Providers, Social Media and Chief Marketing Officers. I've faced these issues from all angles -- in my role leading business development for a global law firm, I was constantly faced with drafting RFPs that were client-focused and priced to win while also maintaining law firm profitability; as a CEO and senior corporate executive, I was regularly battling the in-house legal department for more transparency on budgets and risk management, and hiring outside counsel who took a "you need us more than we need you" approach to client interaction; as an executive with several service providers, I've brought to market products and services designed to help law departments and law firms forge stronger and more collaborative relationships; as a management consultant, writer and frequent keynote speaker, I am constantly addressing audiences of in-house lawyers or private practice lawyers struggling with adapting to the enormous changes taking place in the legal profession.  One thread has been constant in every one of these interactions:  no one can do it alone!  It's critical for clients and providers to get and stay on the same page to ensure that both parties enjoy a mutual and financially lucrative relationship.

This issue of mutual advantage, in my opinion, has been lacking from many of the existing perspectives:  whether it's the standard client panel filled with self-important General Counsel providing endless anecdotes of law firm foibles, while simultaneously ignoring the fact that the their own internal corporate clients are just as unhappy with the law department; or the various caucuses of in-house counsel defining the new normal as "law firms made enough money, now it's our turn" as if their collaboration was somehow an ever-shifting zero-sum game; or law firm leaders who refuse to acknowledge the very real impact of economic forces on their practice; or my fellow consultants who have great depth of expertise to advise either law firms or law departments, but not both -- because they've never worked with "the other side" except in an adversarial capacity.  This era is ending.

My expectation is that the new SIG will is represent all stakeholders - lawyers from law firms and law departments, of course, but also business professionals managing corporate budgets, e.g., procurement; pricing experts retained by law firms to better link price, cost and value; vendors building tools to analyze and manage complex matters; business development and marketing professionals who are increasingly asked to differentiate law firms on factors such as budget predictability, use of alternative fees and project management rather than just size and practice mix.  What these professionals can do together is establish an ongoing dialog, define and improve industry metrics, better define for vendors what to build and why, and provide a roadmap and best practices for those who have been heretofore reluctant to join the fray.  Just as other industries have settled on standard technology formats, a common vocabulary, licensing protocols and educational tracks for newcomers, the legal marketplace can greatly benefit from such interaction.  (And for the occasional detractor who assumes any interaction between buyers and sellers or among competitors inevitably leads to collusion or anti-trust concerns, I say "You are more than welcome to remain on the sidelines and keep out of our way!"

So join me in congratulating the Legal Marketing Association for proactively embracing one of the critical four P's of Marketing (product, place, promotion, price) and launching the new SIG.  And join me in thanking the many busy professionals who have, informally and formally, collectively and individually, led these efforts prior to the formation of the SIG, most notably Toby Brown, Director of Pricing & Strategic Analysis at Akin Gump, who will head the new SIG.  Also, thanks to Aleisha Gravit, President of LMA, and Betsi Roach, Executive Director of LMA, for making this happen.  I look forward to a new chapter in the growing book about the business of law.

Full Disclosure: I am a member of the Board of Directors of the Legal Marketing Association and contributed to the effort to form the new SIG.
 
 
Timothy B. Corcoran delivers keynote presentations and conducts workshops to help lawyers, in-house counsel and legal service providers profit in a time of great change.  To inquire about his services, click here or contact him at +1.609.557.7311 or at tim@corcoranconsultinggroup.com.

 

Better Rainmaking Through Relationships and Data

I was recently interviewed by Bloomberg Law for its Behind the Headlines series.  In the interview (click here to view), host Lee Pacchia and I discuss the evolution of rainmaking -- otherwise known as business development or sales -- in law firms.  In the heady days of yesteryear, rainmaking involved networking, establishing and nurturing relationships, ensuring that when clients and prospective clients encountered a legal issue, the rainmaker was top of mind and received a call.  Of course it's slightly more complex than that, as good rainmakers will say that you also have to be credible and competent in your field.  Others will say that working the cocktail circuit isn't enough, particularly with sophisticated buyers, so coming to the table with industry knowledge and solutions in mind is important.  All of this is true.  It's also true that, for the most part, successful rainmakers are a relatively small segment of the Biglaw population.  Most successful partners have had some success in bringing in work, and while many can cover their own compensation and overhead, quite a few don't generate enough business to make a dent in the typical large firm's overhead.  A disproportionately high percentage of revenues are concentrated in a relatively small number of business generators.  And these rainmakers know it, hence the heavy courting of laterals with portable books of business. The essence of the interview is describing how rainmaking has become more challenging in the tougher economy.  Clients are severing long-standing relationships to seek lower-cost providers.  Others are putting immense price pressure on traditionally premium practices.  Still others are demanding budgets and certainty and project management expertise in order to minimize surprise and manage change.  The stereotypical gregarious rainmaker with a winning smile and a firm handshake who can work a room like nobody's business is giving some ground to a more sophisticated, data-driven approach.  This is good news, because as rainmaking evolves more partners have a greater chance to succeed.  Here are five additional thoughts to the points I made in the interview:

Don't chase every dollar.  Revenue is not the same as profit.  In the traditional law firm financial model, the way to generate profit is to bill hours.  The more hours billed, the more profits generated.  This works... to a point.  Most firms track their top clients by revenue.  This is a nice starting point but as a data point to guide future business decisions it's incomplete. Without understanding the corresponding profit for the matters, we might be celebrating dollars that are dilutive rather than additive to the firm's PPP.  So many firms have some version of the top rainmaker handsomely rewarded for bringing in a $5 million client... that costs the firm $5.5 million to service.  When we look at lifetime value of a client, which incorporates repeat business, cost to acquire new engagements, depth of practices engaged by the client, and more, we find that some business is not worth pursuing. It's critical to analyze which work is profitable, which clients are profitable, and devote greater resources to winning and keeping work that is lucrative.

Relationships always matter. But not all relationships are equal.  When I work with practice groups to understand what process they have in place to identify and pursue new business opportunities, the first discovery is that few have any process whatsoever.  However, those firms that reward, and fund, business development activities (not results) will generate an exhaustive list of client lunches, event sponsorships, association dues and game tickets.  By putting in place a simple opportunity pipeline populated with a few key data points, it becomes much easier to distinguish between the lunch with Mary, the chief legal officer of a Fortune 100 company on the outskirts of town, whose company has entrenched legal providers handling most of her premium work, and very rarely encounters "bet the company" issues, and who has dined on the firm's dime 23 times in the last five years without sending a single piece of business, and lunch with Ted, the deputy GC of a small subsidiary of a mid-size manufacturer of aircraft components, who has hired the firm 4 times in the last 3 years for increasingly complex matters and whose company has been named a co-defendant in a high-profile products liability case filed after an airplane crash in Singapore... which just so happens to be where we've recently opened an office.  We may also discover that game tickets have generated, or at least been a factor in, $125,000 in new business in the last year, but our monthly breakfast briefings that cost, in total, $23,000 to produce have generated $432,000 in new engagements, 50% of which are with new clients.

Relationships can't overcome bad economics.  Every partner reading these words has had a longtime client sever ties in recent years.  These are golf partners, law school pals, people we've joined on vacations, even people whose kids' weddings we've attended.  And yet, when push comes to shove and their CFO is breathing down their neck, they change law firms in order to maintain their budget and keep their jobs.  Wouldn't it be helpful to know which clients are changing outside counsel more frequently now than they have in the past?  Wouldn't it be helpful to know if the economics of certain  industries are creating budgetary pressure on legal budgets across all competitors in the space, giving us time to prepare for the tough call?  Wouldn't it be helpful to know which practices, or even which tasks within given practices, our clients feel are declining in value and for which they will refuse to pay premium rates in the future?  This information is out there for anyone looking for it.

Don't confuse strategic pricing with suicide pricing.  It's important to understand the recent remarks made by my friend and colleague, Bruce MacEwen, who is one of the brightest minds I know.  In an earlier Bloomberg Law interview he described the suicide pricing taking place as firms offer substantial discounts to win business.  This is absolutely happening, and in time these firms will become known because they simply can't sustain their infrastructure for very long with non-profitable revenue streams.  But I am also aware of some savvy practice group chairs in other firms who are offering favorable pricing that, to an casual observer, looks like suicide pricing but in fact may be strategic pricing.  Simply put, if I can lower my cost of legal service delivery by eliminating wasteful steps through process improvement, then I can maintain profitability even at a lower price point.  Every firm has wasteful steps, as defined by the client, and this is reflected in the firm's realization rates.  Whether through undisciplined write-downs that partners take before invoicing, or negotiated write-downs after invoicing, the firm's realization rates reflect the difference between price and value from the client's perspective. And here's a scary thought - as more clients embrace billing analysis and benchmarking, it's going to get even tougher.  We're still at the nascent stages of downward price pressure in this market.

Stop smirking, mid-size law firms. You're next.  I have a number of mid-size law firm clients and they are experiencing, in general and in aggregate, one of the busiest stretches ever. As one partner said to me, "Recession? What recession? I've never been busier and I'm getting very little pushback on rates."  True.  One thing the recession proved is that there are fantastic lawyers in mid-size firms whose expertise rivals that of Biglaw. And because these mid-size firms in mid-size cities offer mid-size rates, clients are calling.  The trouble is, if there is no differential value offered by these mid-size firms other than slightly lower rates -- no project management, no alternative fees, no predictable budgets -- then the clients will eventually press forward with fee arbitrage and select firms in the next lower tranche, offering similar quality at slightly lower rates.  And the mid-size firm partners, particularly those who staffed up quickly to meet rising demand, will be left with high overhead and rapidly declining revenues.  Rinse and repeat.  And when the bigger firms start embracing process improvement to lower their cost of delivery and can thrive at lower rates, then the pressure on the mid-size firms will come from above and below.

If you aren't having these discussions in your board rooms and practice group retreats, then you had better get started.  Despite what you may have heard or assumed from the prognosticators of doom, the crisis facing the modern law firm is eminently solvable and law firms can and will thrive.  The question is, will you be on board the bus or under it?

 

Timothy B. Corcoran delivers keynote presentations and conducts workshops to help lawyers, in-house counsel and legal service providers profit in a time of great change.  To inquire about his services, click here or contact him at +1.609.557.7311 or at tim@corcoranconsultinggroup.com.

The Role of Procurement in the Selection of Outside Counsel

My friend Dr. Silvia Hodges recently asked me to contribute to a book she was compiling and editing, Buying Legal: Procurement Insights and Practice, published by the Ark Group in association with Managing Partner.  The book is a collection of articles from 32 leading authorities discussing the increasing partnership between the corporate legal department and the corporate procurement function to select and manage legal expenses, including outside counsel.  The book is divided into two parts, Section A is designed to benefit outside counsel and Section B is for in-house counsel and procurement professionals.  However, I recommend that anyone involved in the buying or selling of legal services would do well to read the entire book. The involvement of procurement in the purchasing of legal services is swiftly becoming the ‘new normal.’ And not just for sourcing low-end, routine or commoditized legal services – but increasingly for higher-stakes legal work too! This critical new report will equip law firms and in-house legal and procurement teams with the necessary tools to make these new relationships successful.

It’s packed with original research, case studies, opinion pieces, practical approaches, and checklists that address the key challenges and opportunities that buying and selling legal services creates – from relationship building and management, to financial and strategic decision-making. Industry leaders, Riverview Law, Wragge & Co LLP, PwC, Dechert LLP, Kennedys Law LLP, Corporate Executive Board, Institute for Supply Management, Akin Gump Strauss Hauer & Feld LLP, Validatum, Vantage Partners LLC, Trusted Advisor Associates and many more provide insightful case studies and advice on key topics, including:

  • Benchmarking the procurement of legal services
  • Pricing and negotiation strategies
  • Bulk buying of legal services
  • Understanding the requirements of the procurement department
  • Successful complex tendering
  • Current trends in the procurement of international legal services
  • Procurement departments’ sourcing strategies
  • Building relationships with the CPO
  • The role of procurement in purchasing legal services
  • The positive and negative effects of discounts
  • Top tips for successfully procuring legal services
  • Trusted tactics to get the most from spending on outside services
  • Demonstrating law department value through analytics
  • Using technology to source legal services; and much more

The chapter I submitted is titled "Why CEOs Love Procurement" and discusses how corporations continually seek a competitive cost advantage.  This is particularly critical in challenging economies or markets when revenues are flat or declining.  A modern CEO doesn't just look at growing revenue or decreasing overhead, but looks to lower the cost of goods sold and service delivery.  For law firm leaders faced with declining demand, increasing price pressure and competition from above and below, it's critical to understand the role of procurement in managing a corporation's expenses.  Lawyers who believe procurement is a euphemism for "selecting the lowest cost provider" are misguided.  Differentiation on factors other than price are critical, yet most lawyers and most law firms market in ways that are indistinguishable from the competition.  As I wrote a few years ago when I first tackled the role of procurement:  "A law firm that can demonstrate its prowess in managing to a budget through effective project management, that keeps the client fully informed of any changes to expectations, that staffs appropriately and doesn’t 'overwork' matters or expect clients to subsidize young associate training, is in a better position to present clear, quantifiable evidence of its higher rates."

For a brief excerpt, visit here.  To purchase the book online, visit here or here.

 

Timothy B. Corcoran delivers keynote presentations and conducts workshops to help lawyers, in-house counsel and legal service providers profit in a time of great change.  To inquire about his services, click here or contact him at +1.609.557.7311 or at tim@corcoranconsultinggroup.com.

What Looks Good for the Future?

In today's Attorney at Work ezine ("One really good idea every day"), I follow up on my earlier posts (here, here and here) about the College of Law Practice Management's recent Futures conference.  I write about the evolving structure of law firms and law firm pricing from both a law firm leader and law firm client perspective; I discuss some of the positive changes resulting from the UK Legal Services Act; and I heap more praise on two innovative law firms who have fully embraced efficiency and process improvement to boost client satisfaction.  See the article here at Attorney at Work. For additional feedback on the Futures conference, see live blogs and recaps from Ron Friedmann (here and here and here) and Carolyn Elefant (here and here) and Inside Legal (here) and Toby Brown (here).  Click here for a full recap of the robust Twitter stream, capturing multiple perspectives from a wide variety of thought leaders in attendance.

 

Timothy B. Corcoran delivers keynote presentations and conducts workshops to help lawyers, in-house counsel and legal service providers profit in a time of great change.  To inquire about his services, click here or contact him at +1.609.557.7311 or at tim@corcoranconsultinggroup.com.