« "What About Clients?" Rules--So Far. | Main | Patrick Lamb on GAL's Big Law Inquiry »
January 07, 2006
Is The Greatest American Lawyer Onto Something?
First, let me explain something.
I'm not only a full-time practicing lawyer but, in some respects, I'm a professional stereotype. From time to time, this combination may have stifled my ability to think clearly, logically or creatively. After college and law school, I worked a couple of times for the U.S. Congress. Then I was an associate and a partner in both the D.C. and Pennsylvania offices of a larger law firm than I am in now. Another way to describe the path: take your liberal arts degree and those happy old verities you learned to law school, suffer through it, take two years "off" after law school (clerkship, government, teaching), join a "good" firm, happily do research and other things a galley slave or bootlick would object to, and make partner. Now you are in, say, your mid-thirties, looking at 40, and you start asking yourself the eternal questions that normally occur to a 20-year-old. Who am I? What is reality? Just what goes on in Amsterdam's coffee shops? And should I join the Peace Corps?
Instead, I co-founded my own "law boutique", when that was a relatively new idea, focusing at first on complex litigation, energy and environmental law. And not knowing any better, we did exactly what people said we could not do: retain and service the same size and caliber of clients I represented in my old firm. It wasn't that we refused to "bottom feed"; we just didn't even know how to be a lawyers for most individuals and companies. Used to fancy problems, we wanted to keep solving them for higher-end clients. We liked that and knew how.
Still, since we formed our firm in the mid-1990s, I have clung to a conventional notion which mirrors my conventional path. Repeatedly, I've told anyone who would listen that--even though the Internet and related technologies were making it easier for smaller law firms to compete with mega-firms, and even if your lawyers and staff were the best--large privately-held and Fortune 500 clients would never, ever accept and regularly retain: (1) a law firm of one, two or three people, no matter how talented; or (2) a "virtual firm"--one without at least one if not two or three brick-and-mortar offices in strategic places across the country or world.
But now I am not so sure. One reason is some very thoughtful and provocative recent posts from The Greatest American Lawyer who, lately, has been on fire. And GAL is making me think that the Internet, new technologies, advances in the art of outsourcing and other forces rippling through the global markets may mean this: more and more, talent--not size--matters. GAL's posts are, here, here, here and here. I don't agree with every premise or word. But I am stunned others (including me) haven't openly asked these questions. Read GAL's posts. Try a new theory, if just for fun. Ask yourself why, for example, a talented lone lawyer with the right organizational skills and access to real talent can't compete with a Freshfields, Jones Day or Baker & McKenzie with their offices, clout, specialities, talent and depth all over the world.
Posted by JD Hull at January 7, 2006 05:28 PM
Comments
forces rippling through the global markets may mean this: more and more, talent--not size--matters.
How silly, silly, silly
There are three distinct sets of economic rules that operate on the practice of law.
First, because of the prohibition on fee splitting, lawyers face extreme competition with only limited capital. Large law firms have access to far more capital and can employ such far more efficiently. It's why they can recruit at Harvard and I will never recruit to my solo firm. I could go on and on but any open minded reader should get the idea.
Second, there are laws on network effects. Metcalf's law applies to the practice of law, perhaps more than any other economic law.
Robert Metcalf's law states that the "value" or "power" of a network increases in proportion to the square of the number of nodes on the network.
In other words, if you have four nodes, or computers, on a network, say, an office intranet, its "value" would be four squared (4^2), or 16.
If you added on addition node, or PC, then the value would increase to 25 (5^2).
This is why large law firms are so powerful, they have more nodes (lawyers).
Here is an illustration, a networking event reported on a VC blog
http://www.beyondvc.com/2005/12/thoughts_from_a.html
"One of our advisors for our fund hosted a New York CIO dinner last night. It was a gathering of 30-40 of some of New York's leading technology buyers, mostly from the financial services industry. As a VC, it was quite interesting to hear about the state of technology spending and what is top of mind for many of these players. Repeatedly I heard about grid computing, security, and service oriented architectures. It seems to me that all of the Gartner hype put into these technologies years ago are slowly becoming a reality. As for startups, not many were mentioned, and most of the technology buyers said your best bet was coming in through a larger partner whether it be a Sun, Cisco, HP, or IBM. In addition, it was quite clear that this was a small community, and like any small community, they all talk with each other and want to know what technologies their peers are using. So lesson #1 is while it is always hard to land your first financial services customer, remember not to screw it up because if you do everyone will know. On the other hand if you deliver on your promises and have a great base of early reference customers, it will pay huge dividends. that simply cannot be disregarded"
Now, I am one hell of a banking lawyer, but not in a million sunday's could I have ever come up with th telephone numbers of 40 CIO's, let alone to have gotten them in one place, etc. etc. This event was driven by capital (VC money) and Metcalf's law.
Third, there is the entire issue of growth. It is well demostrated in the academic literature that healthy businesses must grow above 5% a year. That is impossible for a solo firm or actually for any law firm with less than 19 lawyers. If you have 19 lawyers, you grow by 5%+ by hiring one lawyer. Because of compounding. A 20 lawyer firm must have 40 lawyers within a decade. A --forty lawyer firm, 80 lawyers ----, with ten more years.
If you want to add something on the net of use to the profession, start taking on its real problems. We have, because of the CPR, pretty much a fixed business model. Few lawyers are in a 5%+ growth mode, per year. As Gary Hamel established so well in Leading the Revolution, until the industry rules are changed permitting lawyers to offer unique business models we are just going to tread water.
Posted by: Moe.Levine at January 10, 2006 04:22 AM
Moe, thanks for your comments. I'll make you a deal: you develop some manners, and I'll keep publishing your stuff.
Posted by: Dan Hull at January 10, 2006 09:24 AM
Dan,
Whether you publish any or all of my comments is up to you. I just said my piece trying to do is to get you to start thinking; I have had some success with GAL and I suspect so to with you.
First, when asked, I tell any lawyer that all they can do is "Hustle" and network. I mean this in the very best sense as explained by Bhide in his Harvard Business Review piece Hustle as Strategy or by Beckwith in this three books (Selling the Invisible, etc.).
Good client service is Hustle as Strategy; good client service is not a business model, for the only barrier to any lawyer providing good client service is economics. If a rich lawyer doesn't want to return call, he can hire an associate to do such. A poor lawyer can't.
To those of us who understand "business models" a business model is something that others cannot duplicate. Sometimes such is created by regulation. Howard Stern's move to satellite radio is a regulatory business model change; HBO can do more adult oriented programing, because it is not network TV.
Panera Bread is an excellent business model examle--no other fast food company has such a model.
If one thinks in these terms, its seems to me, that one quickly comes to understand that American law is "broken" because its business model is broken. American business is global but we are licensed in only one jurisdiction and the recent direction has been to curb out-of-jurisdiction work.
The entire thrust behind MDP was to let lawyers change their business model. Until that happens, we are a trapped profession, unable to grow at the rates necessary to employ all the talent already in the profession, to say nothing about the thousands each year by way too many graduates.
Moe
Posted by: Moe Levine at January 10, 2006 11:16 AM
I didn't know you had an energy background; I do too. I've been solo for 12 years now and energy work has always been a staple of my practice.
Oddly, though energy work is always associated with bigfirm practice, it's the solos and small firms in the field who are most stable. I attended the 35 anniversary/alumni party of the energy boutique where I worked before I went solo and in one of the speeches, the managing partner pointed out that the firm had survived even where many other biglaw firms whom they previously opposed had failed.
Posted by: Carolyn Elefant at January 12, 2006 05:48 PM