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Is realization all it's cracked up to be as a law firm performance metric? Calibrate Managing Director David Schaefer recounts a parable.
[/vc_column_text][divider line_type="Full Width Line" line_thickness="1" divider_color="default"][/vc_column][vc_column column_padding="no-extra-padding" column_padding_tablet="inherit" column_padding_phone="inherit" column_padding_position="all" background_color_opacity="1" background_hover_color_opacity="1" column_shadow="none" column_border_radius="none" column_link_target="_self" gradient_direction="left_to_right" overlay_strength="0.3" width="1/1" tablet_width_inherit="default" tablet_text_alignment="default" phone_text_alignment="default" column_border_width="none" column_border_style="solid" bg_image_animation="none"][vc_column_text css=".vc_custom_1654284695939{background-color: #ffffff !important;}"]Shortly after New Year, three Managing Partners of AmLaw 200 firms go to their favorite watering hole to celebrate their firms' performance for the prior year.
They all had record years in revenue and profits and, after a few drinks, started to get into the weeds as to who managed the past year the best, going through all the usual metrics for firm performance.
When the topic of realization came up, the first MP, with the second-best improvement over the prior year, said that realization improved a couple of points to 98%; the second MP, who had the best improvement over the prior year, said that realization also improved a couple of points to 78%; and the third MP, who had the least improvement over the prior year, said that realization was relatively steady at 90%.
It was not long before the first and second MPs concluded that it was a toss-up between them as to who was the best manager and that the third MP was not in the discussion.
A patron, sitting within earshot, smirked and muttered under his breath, but just loud enough for all the MPs to hear, “It’s conversations like this that led me to believe that lawyers should not be running law firms.”
The MPs, incredulous at the patron’s insolence, but curious about the remark, asked the patron what made him such an authority. Upon learning that the patron is a former COO of an AmLaw 100 firm, the MPs asked for his two cents as to who did the best job.[/vc_column_text][divider line_type="Full Width Line" line_thickness="1" divider_color="default"][/vc_column][/vc_row][vc_row type="in_container" full_screen_row_position="middle" column_margin="default" column_direction="default" column_direction_tablet="default" column_direction_phone="default" scene_position="center" text_color="dark" text_align="left" row_border_radius="none" row_border_radius_applies="bg" overlay_strength="0.3" gradient_direction="left_to_right" shape_divider_position="bottom" bg_image_animation="none"][vc_column column_padding="no-extra-padding" column_padding_tablet="inherit" column_padding_phone="inherit" column_padding_position="all" background_color_opacity="1" background_hover_color_opacity="1" column_shadow="none" column_border_radius="none" column_link_target="_self" gradient_direction="left_to_right" overlay_strength="0.3" width="1/1" tablet_width_inherit="default" tablet_text_alignment="default" phone_text_alignment="default" column_border_width="none" column_border_style="solid" bg_image_animation="none"][vc_row_inner column_margin="default" column_direction="default" column_direction_tablet="default" column_direction_phone="default" text_align="left"][vc_column_inner column_padding="padding-4-percent" column_padding_tablet="inherit" column_padding_phone="inherit" column_padding_position="all" background_color_opacity="1" background_hover_color_opacity="1" column_shadow="large_depth" column_border_radius="5px" column_link_target="_self" gradient_direction="left_to_right" overlay_strength="0.3" width="1/1" tablet_width_inherit="default" column_border_width="none" column_border_style="solid" bg_image_animation="none"][vc_column_text css=".vc_custom_1654271321762{background-color: #ffffff !important;border-radius: 2px !important;}"]
In any given year, there will be a number of drivers at play that affect realization for a law firm.
Among the more common are:
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- the supply and demand curve for legal services
- where the practice mix of that firm falls within that curve
- billing rates relative to the competition
- leverage, billing and collection discipline
- client relationship management
Also, in a favorable environment for law firms, there will be little to no push-back on billing rates and more law-firm leverage over clients’ requests for discounts.
There are three fundamental problems with using realization as a primary law firm performance metric:
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- Clients are not buying hours
- Not all hours billed are equal in value
- Billing rates in most firms are largely divorced from the cost of delivering legal services
Realization used to be a reliable indicator of good management when:
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- legal fees were not a meaningful line item on a clients’ P&L
- law departments did not challenge or have the authority to challenge law firm billing rates and fees
- there was little to no transparency as to the billing rates and fee structures among law firms
- it was assumed that most legal services had to be bespoke
- alternative fee arrangements were largely the province of plaintiff’s firms in tort litigation
- project and process management were the province of manufacturing businesses
- RFPs for legal services were limited to government work
But all that was several decades ago.
This is not to say that realization has no place in making evaluations with respect to gauging how well a firm, a department, a practice group or even a partner’s practice is performing, especially if it is chronically low or declining. But there are many other factors at play.
So back to the bar...
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