Budgeting and Negotiating Fees with Clients
A Lawyer's Guide
Published: 2011
Pages: 127
eBook: 9781907787935
This report guides both lawyers and law firm leaders to adopt best practice budgeting and negotiation to ensure the prosperity of their firms. The advice in this report is supported by case studies which demonstrate the tried-and-tested nature of the methodologies advocated and by practical tools which can be adapted to suit readers'own practices.
Table of Contents
Cover | Cover | |
---|---|---|
Title page | i | |
Copyright page | ii | |
Contents | iii | |
Executive summary | vii | |
About the author | xi | |
Acknowledgements | xiii | |
Part one Understanding law firm fee models, budgeting and negotiation | 1 | |
Chapter 1: The universal law firm fee continuum | 3 | |
Fee models adopted by law firms | 3 | |
Introducing the universal law firm fee continuum | 4 | |
Common positions on the continuum | 4 | |
Why firms must progress along the continuum | 7 | |
Chapter 2: How alternative fee arrangements are intensifying the need for budgeting and negotiating skills | 9 | |
Alternative fees now: Hype or reality | 9 | |
Continued forces of change | 10 | |
Impact of AFAs | 14 | |
Chapter 3: Alternative fees – Risks and how to avoid them | 17 | |
Risk 1: Alternative fees are not as profitable as hourly rates | 17 | |
Risk 2: Alternative fees transfer risk to the law firm | 18 | |
Risk 3: Alternative fees will lead to commoditization and erode premiums | 20 | |
Risk 4: Alternative fee structures are not compatible with billable hours targets | 21 | |
Chapter 4: Understanding law firm financial data – a pre-requisite for successful budgeting and negotiation | 23 | |
The significance of profit | 24 | |
The importance of cash | 26 | |
Traps for the unwary | 28 | |
Actionable data | 28 | |
Chapter 5: Creating a realistic matter budget | 35 | |
Are budgets necessary? | 35 | |
The link between annual and matter budgets | 36 | |
Historic price information | 37 | |
Matter plans | 38 | |
Matter budgets | 40 | |
A word on tools | 41 | |
Chapter 6: Staying within budget – The art of legal project management | 45 | |
Executing the matter plan | 45 | |
Monitoring performance and making adjustments | 46 | |
Sizing up the legal project management revolution By Pamela Woldow & Douglas Richardson, Edge International | 47 | |
Chapter 7: Overcoming obstacles to negotiating fees | 55 | |
Overcoming obstacles at the individual lawyer level | 55 | |
Firm-wide support | 58 | |
Chapter 8: Managing the negotiation process | 61 | |
Negotiation stages | 61 | |
Chapter 9: How to obtain the desired fees and structures | 67 | |
Distinguishing value from price | 67 | |
Determining value | 67 | |
Creating options | 70 | |
Ingredients of winning proposals | 71 | |
Chapter 10: Tips, tactics and tricks | 73 | |
Tips | 73 | |
Tactics | 77 | |
Tricks | 79 | |
Chapter 11: Developing a strategy for better budgeting and negotiating | 83 | |
Taking stock | 83 | |
Developing and communicating vision and strategy | 85 | |
Chapter 12: Implementing change and embedding best practice | 89 | |
Developing personal insight | 89 | |
Changing structures and systems | 90 | |
Developing firm wide and individual capability | 94 | |
Changing firm culture | 96 | |
Delivering success | 97 | |
Case studies | 101 | |
Part two Case studies | 101 | |
Case study 1: DMH Stallard LLP – Business tools for budgeting, negotiating and client communication | 103 | |
The business tools | 103 | |
How the tools were developed | 104 | |
Implementation | 104 | |
Impact on the firm | 105 | |
Continuous improvement and challenges for the future | 106 | |
Case study 2: Crowell & Moring LLP – Using AFAs and value-based billing | 107 | |
Alternative fees used by Crowell & Moring | 107 | |
Genesis of AFAs at the firm | 108 | |
Spotlight on value billing | 108 | |
Impact on the firm | 110 | |
Client reaction to Crowell & Moring’s fee propositions | 110 | |
Continuous improvement and challenges for the future | 110 | |
Case study 3: A client perspective | 111 | |
Procurement objectives | 111 | |
How procurement teams achieve cost savings | 111 | |
Preferred fee structures | 112 | |
How law firms can prepare for negotiations | 113 | |
Behaviour to avoid | 114 | |
How to impress | 115 | |
Part three Appendices | 117 | |
Appendix 1: Matter plan template | 119 | |
Appendix 2: Matter budget template | 121 | |
Appendix 3: Pre-negotiation checklist | 123 | |
Index | 125 |
Sally Dyson is the director of Firm Sense Limited, a specialist consultancy providing client relationship evaluation and advice exclusively to law firms. Sally qualified as a solicitor and practised at Slaughter and May. She then worked as an in-house lawyer for nearly a decade before moving on from the practice of law to found Firm Sense. Sally combines expertise in client listening with an in-depth understanding of law firms and their clients. Sally advises law firms on aligning organisational practices and individual behaviour with client needs in order to improve client retention, win business and improve cash flow and profitability. For more information about Sally or Firm Sense please visit: http://www.firmsense.co.uk