H R | I T | F I N A N C E B U S I N E S S | M A R K E T I N G | M A N A G E M E N T | R I S K | K M I N T E L L I G E N C E ISSUE 02 | JULY 2010 Are you intelligent? Interview Alan Hodgart on deep knowledge Why law firms need better information, and what they can do with it to become better businesses Feature Numbers game How analysing management information in a law firm can boost profits and efficiency, from those who do it Plus Breaking down how firms can use intelligence and analysis to keep profits up in a down market SPONSORED BY: Image: Sebastian Kaulitzki - Fotolia.com briefing 3 on B U S I N E S S I N T E L L I G E N C E www.legalsupportnetwork.co.uk Is your business intelligent? You’re intelligent, of course – you’re reading Briefing. But how about your firm? The second edition of Briefing is about how to mine the information inside a law firm to make better decisions, deliver transparency and drive up profitability. We were lucky enough to rope down law firm strategy guru Alan Hodgart for long 04 enough to grill him about business intelligence (BI) and how law firms should be using their data – but we covered more than that. To Hodgart, BI affects the whole firm, so there’s something to learn whether you’re in HR, finance, BD or beyond. We’ve also analysed what firms are really doing with BI in our feature on page 8, and we have analysis on how BI 08 is helping some firms beat the recession from LexisNexis Redwood on p13. Don’t forget that most things in Briefing are clickable, if you want more information on what you’re reading. I hope you enjoy this month’s Briefing as much as I enjoyed making it. Rupert White, head of content and community 13 Interview: Alan Hodgart Numbers game Making intelligence work The strategy guru talks to Briefing about how firms can make much more profitable use of their information upert White finds out how law firms are R really using BI and other tools to make better decisions Stu Gooderham from LexisNexis Redwood on how some firms are using intelligence to beat the recession This issue of Briefing was supported by: There’s a big opportunity for KM and BD people here – it’s not all about the information, it’s about how you get it into people’s heads. Alan Hodgart, Huron Consulting Group Links key: Want to get involved in Briefing? Click on the purple W to find out more, or just call us on 0870 112 5058 Our interview with Alan Hodgart was transcribed by Internal link button Simply click this button where shown to quickly link to information. External Web link button Simply click this button where displayed to quickly link to web related information. ISSUE 02 | JULY 2010 briefing 4 on B U S I N E S S I N T E L L I G E N C E www.legalsupportnetwork.co.uk INTERVIEW ALAN HODGART Deep knowledge rules Alan Hodgart, strategy and profitability expert, talks to Rupert White about business intelligence, analysing firm performance and what most firms are still doing wrong Alan Hodgart is one of those people that you’d be very glad to see in a crisis, I’ll bet. He’s probably not one of those people you’d relish seeing, though, if you were the cause of that crisis. His no-nonsense approach is well known, and his rapid movement from assessment of failure to corrective advice is like watching a very one-sided boxing match – it’s not pretty, but it’s fair and you knew it was coming. Hodgart and his business partner Julia Chain sold their business, H4 Partners, to global firm Huron Consulting in 2009. He probably has one of the longest careers in law firm consulting without ever having worked in a law firm – he read politics, philosophy, history and psychology at university, trained in strategy consulting, and has spent 20 years telling law firms how to turn strategy into money. He also doesn’t shy from dishing out painful advice, which is what attracted me to him for interview. He also knows the true value of management information, which is what business intelligence tools, from basic reporting all the way to complex cubes, can do: it’s a better understanding of your firm, whether you like the outcome or not. But he still doesn’t think firms are getting that, to turn management information into profits, they need to develop ways to effectively measure performance across the firm. “Larger firms get [the world of measured performance] and a lot of the smaller firms are getting it,” he says, “but my feeling is that where key performance indicators are used, they’re often based on an outdated model of how lawyers work.” Being as efficient as a manufacturing company may never be possible for a law firm, despite what some pundits say. This doesn’t mean a firm can’t be very efficient, very customer-focused, and run like a business in almost any other sector – but law firms are people businesses and, to achieve maximum efficiency and to make the business analysis reflect the truth, says Hodgart, a lot of standardisation of method and workflow has to be done. “There is very little attempt in most law firms to search for the most efficient way of doing, [say], a mid-size M&A deal, or putting together advice for a client on libel. Very little work has been done on how we standardise and take out some of the labour cost.” Firms have got to become more efficient for the people working at the coalface, too, he says. “Assistants [will] adopt a different approach for one partner, then switch it when they do the same job for another partner, and switch it again for a third partner. That’s just completely inefficient.” One of the best ways of solving this problem, he says, is to obtain “much better information systems, and get some KPIs”. These can then be measured. But, he says, what firms haven’t always done “is actually go back into the ‘how’: how you do the work, and to ask ‘how can we work the most efficient way possible’”. If you don’t standardise working practices, your attempts to institute KPIs and measure them will likely fail and doom to failure any detailed measuring of the firm’s performance, because your indicators will indicate the wrong things. This isn’t just down to mistakes – partners and fee-earners don’t always report what they really do. This erroneous information is one of the things that must be stamped out, as far as possible, to create a leaner, fitter firm, says Hodgart. But first a firm has to get ISSUE 02 | JULY 2010 briefing 5 on B U S I N E S S I N T E L L I G E N C E www.legalsupportnetwork.co.uk INTERVIEW ALAN HODGART cont. past the singular obsession with time. No matter how efficient someone is, if a legal business is based on billing time they are almost encouraged to produce bad data. A way to uncover this, says Hodgart, is to hunt down partners who regularly have bigger write-offs compared to others in the same work area – “they may be good lawyers, but they’re totally inefficient how they go about it”. in law firms, especially those in which time-based working is fighting against efficiency, aren’t easy to see. You need to dig deep into the firm data to see what’s really happening. That’s not going to happen if partners and fee-earners are so confounded by data that Image copyright Netlaw Media people here: it’s not all about the information, it’s about how you get it into people’s heads, and KM and BD know all about presenting information. Hodgart agrees that finance could get a lot out of a few meetings with KM to work out how to better present data, “A lot of reports just have page after page of statistics on fee-earners, hours and rates and God knows what. That doesn’t pinpoint where there’s been a problem.” Presentation of data This goes to the heart of why BI tools and management information, when mined well, are so important to a law firm – doing it right forces the firm to produce better workflows and to concentrate on reality, not live blindly with figures it knows are massaged. One sticking point is that the people mining the firm’s management information aren’t the people producing it. This has the knock-on effect of not just disconnecting the fee-earners from the information and what it means, but also making it hard for business services people to get the right information into partners’ heads. “There are two problems,” Hodgart says. “One is the way the information’s presented. I’m not having a shot at finance directors [but] across so many firms, data is presented in such a way that the partners and fee-earners don’t understand it. And that leads into the second problem: they’re not using the data.” In other words, the real problems lot of finance reports just have page after page of statistics on fee-earners and hours and rates and God knows what. And it doesn’t actually pinpoint where there’s been a change or a problem. “Most lawyers are fairly visual and they understand Alan Hodgart, managing director, Huron Consulting Group they don’t act on it. “A lot of data in firms is not presented in a simple way that allows you to get the big picture and then draw down on the specific items. So in consequence, the fee-earners just don’t look at them. Partners in some firms I know get loads of information, but it’s presented in such a way they don’t understand it, so they don’t look at it.” One answer, Hodgart says, is to ‘tier’ the presentation of data – start really simple and make the top layer more visually comprehensible. Only get more complex as you drill into the information, when you need to. “Unfortunately,” he says, “a visuals. If you give them a page of numbers, unless it’s fairly simple and it follows a certain pattern, they don’t understand it. If it follows a pattern, lawyers are prepared to look at it and can see what it means.” This isn’t to say that lawyers are all innumerate – as Frans Post, CFO at Olswang, says in our Feature, there are many highly numerate partners out there. Hodgart reminds us that it’s not about whether partners ‘get’ numbers, it’s whether finance can quickly and effectively relate the numbers to the legal work they do. There’s a big opportunity for knowledge management and business development and from BD and marketing for lessons on presenting it. Strategic capability Hodgart’s big deal is strategy – and BI tools, and the data behind them, help firms develop strategy and assess its success. Those strategic goals need to be enacted by putting in place milestones, targets and key performance indicators that allow those people making the decisions to easily see whether the tactics are working. Of course, all these measurements are only as good as the data. This applies in absolute terms to manage- ISSUE 02 | JULY 2010 briefing 6 on B U S I N E S S I N T E L L I G E N C E www.legalsupportnetwork.co.uk INTERVIEW ALAN HODGART cont. ment information and BI – if a firm doesn’t understand the data it’s producing, or set realistic, comprehensible measures, it won’t understand the output. But before a firm embarks on BI procurement, he says, it’s important to know up front what’s going to be measured. This applies whether or not the firm is thinking of adopting BI, in fact, but Hodgart has some straight ideas about what firms should be measuring: “One is your cost and profit per lawyer – pretty fundamental numbers in terms of making a profit. [Second], how far out of line are you with your competitors or with the peer group on the cost and profit per lawyer? “Looking at profitability, one of the first numbers we look at is the profit per lawyer because, subject to the gearing or the leverage in the firm, which you can’t change quickly, that will determine the profit per partner. And how’s that affected by cost and revenue? “If you take the top 100 firms who publish their numbers in the [legal press], you can see some significant differences in the cost and revenue per lawyer [among firms]. In some cases you can explain it. In other cases you can’t explain it without going inside the firm and digging into it. “[Partners] look at the PEP and say ‘our PEP is worse or better than theirs’. But in many firms now, people don’t actually start taking that apart and saying ‘what does that tell me?’ If there’s [another firm in the same city, or the same country] it’s probably hiring the same sort of people. So why is their cost-per-lawyer significantly different to yours, and how have they got more revenue per lawyer out of them?” How BI helps you pitch This is, Hodgart says, “fairly simple stuff” – but it’s not often been addressed in the past, because times were, generally, help firms work out better whether its pricing is correct, and whether a firm can engage in, say, fixed-fee work without taking a bath. Whether the will is yet there to gain a truer understanding of a firm’s position is another matter. Hodgart says he thinks “there’s a greater understanding that they probably need to”, but it’s still reactive, as clients ask for better deals. “As you move towards more fixed and certain pricing for Three tips from the top • Get the data right: “Focus on key things that matter, and get the matter data and make it visual.” • Be definite: “In each practice group [define] the work that you do fairly regularly. Take a small task and start to look at how much you can standardise and what would be the most efficient process for doing it? Can you put a cost on that? good. Now times are hard, BI can really help a firm work out where its weak points are. But, he says, “very few firms do that level of detailed thinking”. This leads to the fact that analysing firm data is fundamental to understanding the true costs of legal work, and being able to offer inhouse clients some measure of cost certainty. But moving away from hourly billing means having an accurate view of costs. Hodgart agrees that BI can What’s the standard cost? If you start with just a couple of areas of work in each practice group and start to think about it, you’re starting to get the mind going in the right way.” • Project manage: “Lawyers have to understand more sophisticated areas of project management in order to bring it in on the price point.” the client, the cost of the work then becomes absolutely vital. [But] there is a huge lack of understanding,” and clients have noted that, he says. “Hourly rate pricing just doesn’t encourage efficiencies. So with the coming of alternative pricing models, where you’ve got more certainty on the price, you cannot get away with being inefficient in the work process.” BI and other sophisticated tools for mining the firm’s data, he says, are the way to do that. “Years ago the old mantra was if you get three times the salary cost for the fee earner, you should be making good profits. [But] most lawyers, most partners, do not know the cost of the fee-earners. That’s a very simple piece of business intelligence across a firm that people need to have. [At most firms], if you click on a fee-earner’s name you get their hourly rate for sale, [but] you don’t get the cost price or the profit margin – [that’s] very simple data. “You’ve got to understand the cost and profit margin per fee-earner… then standardise the work process to a fairly high level. In some cases you can’t standardise it all, but if you know the cost of the fee-earner being put on the job, and you run it and project-manage them properly, you can pretty well predict what the profit’s going to be.” Hodgart says that it’s “nonsense” to say that legal work is impossible to cost ahead of time. “When [lawyers] say each piece of work is almost unique, I’m saying it’s not. One of the reasons it looks unique is because each partner does it differently. A large part of legal work is fairly standard once you’re doing a similar sort of job. There’s 20% that might vary, but if you understand what those variables might be and discuss them with the client, you can also price them in.” Is this where finance and reporting might become a plus point for BD people, I ask? After all, if your firm is good at ISSUE 02 | JULY 2010 briefing 7 on B U S I N E S S I N T E L L I G E N C E www.legalsupportnetwork.co.uk INTERVIEW ALAN HODGART cont. costing and assessing jobs, and can prove it and give the client solid understanding that the right people at the right price will be doing their work, why not sell on that basis? “Yes, but a lot of firms haven’t put the systems in to manage it. That’s the problem. People are going [to pitches] and saying, ‘we’ll do this at a fixed price’ but they don’t have the systems to tell them whether their fixed price is the right price. “The challenge for partners in fixed-price or close to fixedprice work is: how do you achieve the price for the client and the profit margin for the firm? You can easily achieve the price for the client, even today, [by just] discounting until the client says yes, but that means you’ve got a big write-off. “It comes back to the cost and the flow of work – understanding that you can standardise huge amounts of work and then manage it in such a way that, even on different pricing levels, you can achieve the right profit margin.” If a firm starts to understand itself better, he says, this affects everyone in the firm, not just the fee-earners and partners and finance people, because it’s a move that forces better business processes and methods to be employed. HR people take note: as work gets more standardised, measured and understood, he says, “what are you going to give a first-year qualified, and how many do you need? It’s going to fundamentally change recruitment patterns and the type of people you need”. This firm-wide effect brings us back to how areas like business development are involved: “BD understands revenue, but they haven’t been given the information to say ‘How do we manage profit margins?’.” Working out what not to do The outcomes of any journey into BI should arrive at a better knowledge of what the firm’s good at, and that might lead a firm to some hard choices. “If you stay broadly full cally weighing the costs and benefits associated with being full service, how that can be delivered, and what the outcome might be. And much of that task is measuring performance, cost and success. In other words, “focus on what you’re good at, then outsource the parts that support the core but where you can’t compete on costs”, he says. But Hodgart is quite clear that law firms should turn to legal process outsourcing (LPO) before thinking about outsourcing parts of or whole support functions. Only once “Full service is no longer a strategic concept. It doesn’t tell me anything.” Alan Hodgart, managing director, Huron Consulting Group service,” Hodgart says, “I think it’s inevitable that you’re going to get some sort of outsourcing model to get the costs down. That raises the strategic question: do you have to be full service anymore? “Full service is no longer a strategic concept. It doesn’t tell me anything. Clients, even less sophisticated clients, don’t buy a full-service firm. If there are areas of work you’re doing which are not part of the core business, why are you doing it?” For firms, then, it’s no longer a choice between full service or not – it’s about strategi- the strategic decisions about what work the firm should do, why, and what it will cost and earn, and the staffing and outsourcing decisions resulting from those decisions, have been made should firm think about, say, outsourcing its IT or HR functions. This doesn’t necessarily mean turning immediately to LPO companies. An international firm can outsource work to its own offices, as long as it knows which is working well, which has more capacity, and which is most capable. And using BI can also help crucially in knowing this information. “Very few international firms actually move work around the network into the cheapest office and bring it back to a high-cost office,” he says. “But that will happen.” That means having a very good idea of how the different country offices are doing, and binding them all to good processes and the same IT. “You’ve still got to manage it very tightly, and you need to have business intelligence to know about the cost of the work and then the profit margin you’re bringing back in. The points I’m making apply equally, even more so, as you go down the outsourcing route.” Whichever way a firm uses BI, he says, it will pay big dividends as it allows a firm to analyse itself better, which means making better decisions. And those decisions, when turned into action, will need measuring – and the measuring encourages further analysis. It’s a virtuous circle, a synthetic approach to legal business that’s still at a fairly nascent stage of adoption. It’s not like firms don’t already have the data they need to turn into business knowledge, Hodgart says. “Most firms are firms have a huge amount of data on what jobs cost. They’ve just never kept it in one place.” l Click to find out more about Alan at Huron Consulting Group Interview transcribed by Voicepath: fast, secure, onshore legal transcription for over 200 clients nationwide ISSUE 02 | JULY 2010 briefing 8 on B U S I N E S S I N T E L L I G E N C E www.legalsupportnetwork.co.uk FEATURE THE BENEFITS OF ANALYSIS Numbers game Rupert White looks into how law firms are using business intelligence, reporting tools and information analysis to make better decisions How much does your firm know about itself? That is not a trick question. Some say law is one of those sectors that’s five years behind the others. While that’s not true about a lot the top 100 firms, there’s still a lot of sluggishness in legal, as this issue’s interviewee, Alan Hodgart, would attest to (see Interview, p4). Where law might be behind the curve is in using sophisticated analysis tools to delve into their businesses – otherwise known as business intelligence. BI isn’t all about software that only someone with a degree in applied numerology can understand. It starts at reporting and rises in sophistication to data warehousing and cube analysis. The majority of practice management systems (PMSs) come with reporting tools, which is BI in every sense. Most people will at least have seen a Crystal report. But at the higher end is technology that can collate, correlate and analyse data from various parts of the firm, and give practice heads and managers vital detailed information. There are lots of BI brand names around – PMS builders like Elite, Aderant, Pilgrim and IRIS and many others offer various levels of BI reporting. Dedicated systems such as Oracle, Cognos, Redwood, Business Objects, Qlikview and even corporate stalwart SAP hang out at the expensive end of the BI bar. Some say Microsoft systems are now as good as the best of the top end, so the choice is now vast (see Is Microsoft now a BI buy?, p12). But this article is about why firms need business intelligence and what it can do firm-wide, not which flavour of BI they need. Alan Hodgart told Briefing that firms need BI to find out that essential ‘how’ – how they’re working, and whether that’s the best and most efficient they can be. Frans Post, Olswang’s CFO, is of like mind. Law firms, he says, can use BI “to analyse what you do well and what you do not so well, and that’s obviously related to profitability”, as well as to answer some essential questions. “In most firms there is at least an idea of recovery rate, but not in all firms. It gets more difficult when you get to the link between revenue and how work is staffed. I don’t think all firms have a clear view of that.” Ian Dinwiddie, Allen & Overy’s finance director, agrees: “Sophisticated and detailed analytics are an increasingly important part of managing law firms of any size. The ability to produce detailed analytical data quickly and distribute it to aid management of performance from the bottom up is critical to improving performance.” The two key areas in which it is probably most useful, ISSUE 02 | JULY 2010 briefing 9 on B U S I N E S S I N T E L L I G E N C E www.legalsupportnetwork.co.uk Numbers game cont. says Dinwiddie, are lawyer productivity and client profitability. But, he says, it can be easy to lose sight of those basic markers as firms get larger and more international. “These analytical tools enable an overview of trends to be reduced to manageable chunks for action, and are very useful in making rapid changes to behaviours as market conditions change.” And boy, have market conditions changed. Getting a much clearer idea of what work costs to deliver has now become vital to winning work. Clients now want much more, for much less. For David Gilmour, head of finance systems and BI at Wragge & Co, the recession meant competitive pressure from a price-slashing Magic Circle. Wragges had to find an edge, fast. “Clients are much more demanding on pricing – they’re certainly more aggressive with us about what they are willing to pay. We found in the downturn that the Magic Circle would drop their rates to put them directly in competition with us. [And] while we can drop our prices, if we’re not winning the volume of work it very quickly becomes unprofitable, so it’s very important that we have the financial data to understand [which work will be profitable, and which not].” Fortunately Gilmour and his colleagues were already rolling out a set of better BI tools when the recession hit, because they’d had the same problem that comes to many firms, legal or not: they “The market has become much more competitive... We’re all in competitive situations, and we have to know [much] better what we’re doing.” Frans Post, chief financial officer, Olswang BI and the board Frans Post on how to present complex data to lawyers. “I’m for simple, because everyone understands simple. Most people only remember very limited things, so there’s no point going through 40 slides packed with graphs, texts and numbers – after three slides people get bored, doze off or start BlackBerrying. “Being graphical probably helps, but it’s probably [as good just] to have a few straight numbers. The board just wants to know how the business is doing, not how you got to that conclusion.” knew the firm needed better information for everyone in the loop, but that couldn’t be done with existing systems. “In the past it had been very difficult for us to be very transparent to clients,” he says. “The financial position will change minute to minute depending on what’s hit the clock, and we wanted to get to a position where people were looking at the same thing at the same time.” Wragges chose to adopt a data warehouse (a fairly high-end BI set-up) “because it allows us to [deliver live data to anyone] using portals, and we can almost guarantee that we can show the same data at same time to partners and clients. It sounds simple, but it’s very important.” So BI has given clarity and immediacy of information to both internal and external stakeholders at Wragges. That doesn’t mean everything has to measured up to the second to be useful; with good BI you can choose frequencies to match the data. Michael Malone, financial systems manager at Charles Russell (a Redwood user), says his firm “decided we needed to measure KPIs such as profit on a monthly basis, while we needed to measure other KPIs, such as chargeable hours worked or collections, daily”. This is because, he says, if targets aren’t being met, “and if you are not at least able to access BI information on a daily basis, you have no opportunity to address this under performance quickly.” In search of lost time Perhaps BI should have its own Chinese proverb: only by measuring one’s performance can one improve. Setting goals measured by KPIs is a vital part of the arrangement. Key performance indicators (KPIs) sound, and indeed are, tools straight out of a management consultant’s phrasebook – but they work, if they’re done properly. John Connell-Smith, finance systems manager at Norton Rose, is using BI a combination of Aderant Expert ISSUE 02 | JULY 2010 briefing 10 on B U S I N E S S I N T E L L I G E N C E www.legalsupportnetwork.co.uk Numbers game cont. PMS reporting and Cognos for portal-style reporting on financial/transactional and management measures. On the management side Connell-Smith’s team created a ‘partner portal’ for partners to keep track of fee-earner and team performance. “[At any time] a partner can see a snapshot of KPIs of their team,” he says, including “WIP, fees month to date, year to date, debtors and various forms of lock-up, and then drill down to detailed information.” Norton Rose also has a fee-earner dashboard for partners, showing information such as how many hours fee-earners have recorded by week, month, year to date, even daily. The concentration on truer time logging was a fundamental point for every person interviewed for this feature, as it is for ConnellSmith. And because Norton Rose’s BI tools are mining live data, remedies can be rapid. Considering that analysis is only as good as the data, if a firm’s determined to understand job resourcing it must be more disciplined about time recording. But many in the business say that time recording has actually got worse in the recession as lawyers become more desperate to show they’re delivering. Connell-Smith has a great way round this: don’t just measure the time – measure something that gives you an idea of how accurate the time is. “All fee-earners, including partners, have to record a minimum number of hours a day. And we’re measuring ‘days to post’ – how long it takes for them to post that time – which avoids time leakage. One of our key indicators at the moment is trying to cut that figure, to make sure people are recording time quickly and accurately.” That’s a KPI you can rely on: you can’t guarantee someone’s recording time properly, but you can measure when they record it. There are, says Connell-Smith, “plenty of spent years at regional firm Martin-Kaye operating a more modest, and to some more comprehensible, BI set-up of Excel and MS Query mining Axxia databases. Firms should push the information out to everyone, he says, and analyse more than just time. “To be competitive, business managers must have KPIs at their fingertips – time recorded, fees billed, and cash weren’t having to be that fussy about these margins. Now they are.” As to mining the whole business, Mills says that “[BI] has the same benefits to a law firm as it has to any other organisation, and gives you the ability to look at all aspects of your business”. John Connell-Smith agrees – Norton Rose points BI tools at every part of the business, “It cleans up the data almost as you go. As you produce more information, people see the need for it and then make their processes better.” John Connell-Smith, finance systems manager, Norton Rose studies out there saying that the longer you leave your time, the less likely you are to record as much, or as accurately”. Total recall The best BI is when everyone’s interested in it, rather than it being something used purely by command and control, and BI that mines more than just the amount of work being filed every day. Chris Cann, now a risk and compliance consultant, collected – and must supply their fee-earners with that same data.” Rowan Mills was business reporting manager at Linklaters until March 2009, and is now a BI consultant. His ex-firm was also heavily using BI to analyse data from across the business. “The BI we had gave us ability to measure people’s performance on a lot of different methods. [For example] it’s not just billing the client – it’s who’s getting money back from the client. “Pre-recession, people with dashboards for finance people as well as fee-earners. “We plug into our disbursement system and produce Cognos reports from that, [which gives finance] a single place to see the information and trend data.” BI is very useful, but you might not think that it can also be turned into a selling point. Frans Post does – he wants to hire a business analyst that will analyse BI reports and work with BD to better select the kind of clients Olswang wants. “The crossing point of ISSUE 02 | JULY 2010 briefing 11 on B U S I N E S S I N T E L L I G E N C E www.legalsupportnetwork.co.uk Numbers game cont. the strategic importance of clients and the evaluation of their financial relevance [as mentioned earlier] is where finance and business development cross over.” SJ Berwin Business analyst Kerrie Anderson certainly agrees with that. “Technology has enabled law firms to collect more data than ever about their business, their clients, and their operating costs. BI is the next step for any ambitious law firm. The name says it all: it’s clever to collect good data, but real intelligence comes from being able to manipulate this data to answer specific questions, or deal with specific circumstances – such ‘what’s our exposure in Greece this month?’. This allows you to be nimble and to deal with problems and opportunities as they arise, rather than conducting post-mortems over historical data. “The analyst’s role is to do what we’re good at – listen to a variety of people and distil what they need to know, when they need to know it, and how they want to digest it.” When I asked Frans Post if more mid-tier firms should employ business analysts, his answer was straightforward. “Who knows? I hope they don’t, but Olswang certainly will. We are a £91m business, and if we can do our client selection 1% better, you can calculate how much that would deliver.” Strategic goals Before performance can be measured, of course, the firm’s goals must be strategically mapped out and measures derived from the strategy. And that’s another side benefit of going down the BI route – better decisions up front, created from a need to define profitable and not strategically important, and you don’t want too many of those.” Nigel Stott, IT director at Clarion Solicitors in Leeds, echoes this point. “Some clients are profitable, others E-billing: A key future driver for business intelligence? David Gilmour, head of finance systems and BI at Wragge & Co, says that if you’re looking at e-billing, BI is a must-have. “When you e-bill client you send them all the individual time entry data relating to who did the work. If you’re part of a panel and they’re all submitting e-bills, it’s very easy for the client to look at how the firms are leveraging the work. So it’s very important to us to work out how we’re resourcing jobs. what, or who, is important to the firm’s future. From one perspective, BI can help a firm find out what is really important to it. “You may have clients that aren’t that profitable but are very strategically important to the firm, in which case you’d happily make an investment in that,” explains Post. “But the importance of BI is in the knowing – I want to know the profitability of a client in relation to its strategic importance. [Of course], you may have clients that are not “Many people look at e-billing and think it’s just an operational billing utility, but it isn’t – it’s BI in its own right. “If you’re naïve enough just to send all of that transactional data electronically to the client without understanding how you leverage the work, you’re putting yourself at a competitive disadvantage compared to the panel firms that do know how they’re leveraging the work.” aren’t. What we want to know are the attributes that distinguish a profitable client from others. We have all this data at our disposal but no easy way to identify any patterns that are hidden in here. That’s where data mining comes in – it gives us real information on which to base decisions.” John Connell-Smith is using BI as part of a resource management programme, Flex, for which Norton Rose won The Lawyer’s HR Team of the Year award in February 2010. “There’s now a management group in the business that looks at resourcing and we report to them with Cognos,” he says. That group makes some top-line decisions on staffing, market analysis and work trends in the firm – so BI has been instrumental in Norton Rose’s HR success. Everyone I spoke to for this article said BI changes firm processes for the better. “It cleans up the data almost as you go,” says Connell-Smith. “As you produce [information] people see the need for it and make their processes better. It’s highlighted that we need to educate people around the firm, not just on fees, WIP and so on, but when we say how much work we’ve done in France, for example, what kind of work, and how are we capturing [the data]?” Wragges has changed much about the way it works to improve processes across the board as a result of better BI, says David Gilmour. “We’ve broken down work into phases and tasks. On a litigation case in the past it would be worked out on hours, but we’re now breaking down the time recording into phases and we know how many hours are going into those phases. In future, when we’ve got enough data… [that data will] help the client make a better decision on whether to even carry on litigating. So it’s better for the client.” Generally, it seems, until a firm’s used BI to find some answers it won’t know which processes it needs to change to get better data. But it’s not always that way around. ISSUE 02 | JULY 2010 briefing 12 on B U S I N E S S I N T E L L I G E N C E www.legalsupportnetwork.co.uk Numbers game cont. Christine Ardis, IT manager at London firm Teacher Stern, had BI capability in the firm’s TikitTFB PMS a year before the recession pushed her partners to call for KPIs and other measures – and is therefore living proof that IT heads who ask for functionality they don’t need right now are, in fact, thinking strategically. What BI delivers is a window into a firm’s data, allowing understanding of the data and, much more importantly, better decisions to be made from more accurate information. And Frans Post at Olswang thinks hard times create a need for better information. “It’s clear that the market has become much more competitive, and that’s a factor that definitely helps [adoption of BI tools]. We’re no longer that comfortable. We are all in competitive situations, and we have to know [much] better what we’re doing.” Ultimately, how important is BI? On this point, David Gilmour is very clear: “I think it’s got the potential to help to transform law firm decision making and the whole way firms interact with clients, but it needs to be embraced all through the organisation. But you’ve got to start somewhere, haven’t you? Hopefully it’s the future – that’s why we’re investing in it.” l Is Microsoft now a BI buy? David Gilmour, head of finance systems and BI at Wragge & Co: “We’re transitioning to Microsoft SQL Server reporting. Business Objects costs us £40,000 a year to support, while SQL Server is free.” Andy Stokes, consultant at Saturn27 and one-time IT architect at Wragge & Co: “Two or three years ago, reports showing how much profit was being made were often sufficient, and the cost of a reporting solution was just another overhead. Meanwhile, every legal organisation was talking about Microsoft SharePoint – it was ‘the next big thing’, though was complex and perhaps had no ‘business need’. Things have changed. BI through Microsoft SharePoint has become ubiquitous, driven largely by the adoption of ‘free’ SQL Server Reporting tools.” Steve Gray at Anlys, BI consultant: “BI is extremely affordable a the moment – you can get a whole Microsoft toolset for £1,500. It’s a very affordable tool.” Software Solutions for Legal People TikitTFB have been supporting law firms and their IT needs for more than 30 years and today, over 600 legal practices use our award-winning case and practice management system, Partner for Windows. Based on industry-standard Microsoft technology, Partner for Windows can be smoothly integrated into your existing infrastructure providing a flexible and comprehensive solution that can be readily tailored to meet your needs both today and in the future. Case & Document Management Legal Accounting and Management Reporting Automated Time Capture & Billing Comprehensive Legal Aid Functionality Email Management Document Comparison and Court Bundling To learn more, contact us on tfb@tikit.com or call 0845 222 3026 or visit www.tikittfb.com ISSUE 02 | JULY 2010 briefing 13 on B U S I N E S S I N T E L L I G E N C E www.legalsupportnetwork.co.uk ANALYSIS MANAGEMENT INFORMATION Making intelligence work © NLshop at Fotolia.com Stu Gooderham from LexisNexis Redwood outlines some simple routes to increased profitability through business intelligence There is no denying the impact of the economic downturn on law firm profitability. But understanding what’s happening inside a firm and applying some business intelligence to it is helping some firms sustain profits in the recession. When the latest report from the LexisNexis Redwood Think Tank analysed market trends in the UK, it contained some hard facts on just how tough the industry has been hit. Using the results of The Lawyer’s annual Legal 100 report, the Think Tank analysed the shift in results over a 24-month period (see chart, p14). The blue markers on the chart represent the profit per equity partner (PEP) results for the top 100 UK firms during the period 2007-2008 – a solid year for the legal market, as the concentration and position on the grid of blue dots demonstrates: most firms posted a rise in PEP, with only a few exceptions. Contrast this with last year’s results (the red dots) – and you can see a significant shift. PEP has taken a hit, but firms are dispersed widely across the graph, indicating that the downturn has hit some harder than others. Firms face pressure from every direction to change their business models to make it through this challenging market – specifically, improving PEP through revenue growth. The short-term fix is to lay off staff and cut costs, but the smart firms, those which will not only ride out the recession but also thrive once it has passed, are taking a more holistic view of their businesses and making long-term strategic decisions based on accurate business intelligence. One of my clients summed up this challenge like this – “we, the law firm, need to understand: • Where are we making/not making money? • Why are we making/not making money? • What if we made changes to our business model? •What would the effect be on our bottom line?” Rigorous business intelligence gathering and analysis are crucial to answering these questions, giving management teams an accurate picture of their firm without basing decisions on assumptions, inertia or hubris. Specifically, but not exclusively, BI can help law firm decision making in a range of areas, two of which I’ll deal with in turn. Personnel: It is no surprise that headcount is being questioned, but smart firms are not simply laying off staff at random. But a more progressive approach is to look at the firm in its entirety, work to avoid top-heaviness, and determine where the most effective returns on investment are made across the firm. This approach extends into a firm’s ISSUE 02 | JULY 2010 briefing 14 on B U S I N E S S I N T E L L I G E N C E www.legalsupportnetwork.co.uk Making intelligence work cont. not good at is knowing what is profitable and what is unprofitable. [Using Redwood] we are now able to model scenarios that enable us to pitch at the most competitive level and remain profitable. Allocating resource in the knowledge of current availability and capacity, and knowing the margin operated under the belief that, due to the fragmented nature of their client projects, no single group could be counted as ‘loyal’. But using Redwood the firm produced a trending report that examined transactions and billing patterns over the past five years, uncovering clients that had repeatedly Firms growing PEP but losing rank inconsistent payment history, we tried to understand why – were we not billing correctly, or was it something to do with our internal organisation? “The results of our analysis led us to make proactive changes to our client relationships, increasing collections and identifying opportunities Firms growing PEP and relative rank PEP rank change recruitment policies: it is vital to ensure graduate schemes and associate on-boarding match exactly the most profitable areas of the firm. Fee structures: The traditional fee structure of firms (hourly billing) has been increasingly questioned by commercially savvy clients. Increasingly, fixed-fee, retainer, or blended-rate plans are being demanded, placing a heavy burden on firms’ internal systems to decode what work, teams and individuals are the most cost-effective. As these alternative fee arrangements become more prevalent, firms need to understand their clients, activities and billing in real depth. We advocate a client profiling approach – using systems and information to manage client portfolios. Effective client profiling not only highlights relationships that are worth nurturing, but also drives accountability within the firm. By winning and retaining the right clients, firms can identify small or unprofitable clients with little or no potential for growth, or who perhaps conflict with new business. Law firms are already employing the tactics outlined above to keep an even keel during the economic storm. John Banister, COO of Wiggin, a niche media law firm, sums up his experience thus: “We are all too aware of the competitive nature of the market and have many anecdotes about firms pitching at unprofitable levels just to get the work. Of course, you can’t stop that, but historically what we as a profession are Firms dropping PEP and losing relative rank Firms losing PEP but improving relative rank PEP change in % LexisNexis Redwood Think Tank legal market trends analysis 2007/8-2008/9 for each fee-earner, informs the decision. Pitches aren’t just won on price, and our success rate remains relatively unchanged, but at least we know the likely return on a piece of work if successful.” SJ Berwin has also been working with LexisNexis Redwood to drill deep into internal data to identify the corporate business unit’s key clients. This practice area had long placed work with the firm, paid within short payment terms and referred additional work. This was invaluable information that helped with client segmentation exercises. Mike Giles, financial director at SJ Berwin, comments: “We can now look at our daily inventory, which gives us the ability to plot the consistency of payments for individual clients. For those we found with for additional billings.” The successful law firms of the next five years will be those that can best understand data through a BI tool to profile their best clients, manage their portfolio of services to those clients, and create client plans that deliver world class service for a healthy profit. l Click to learn more about LexisNexis Redwood ISSUE 02 | JULY 2010