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Implementing cost accounting for law firm success

 

by Suzette Welling   |   Michigan Bar Journal

Law Practice Solutions

The question of profitability is the legal industry is becoming increasingly complex. Since 1982, I’ve seen substantial changes in the sector. Technology has not only transformed the landscape but has reshaped the operational modalities of law firms. The large offices with personal secretaries and extensive libraries are becoming relics of the past. In their place, online research capabilities and paperless office practices are taking root, reflecting a broader alignment with contemporary business practices.

ADAPTING TO CLIENT EXPECTATIONS

In recent years, client expectations in the legal industry have shifted significantly, largely influenced by broader trends in service delivery, technology, and market competition. Clients are looking for more than just legal expertise; they seek transparency, predictability, and alignment of legal costs with their business outcomes.

DEMAND FOR PREDICTABILITY AND TRANSPARENCY

Modern clients are increasingly informed and budget conscious. They often resist traditional billing practices that lack predictability such as the open-ended billable hour without a cap. This resistance stems from a desire to better manage financial risk and outcomes. In response, clients are demanding clear, upfront communication about potential costs and outcomes. They expect billing practices that offer predictability and transparency, allowing them to plan and budget effectively.

PREFERENCE FOR VALUE-BASED PRICING

There is a growing preference among clients for value-based pricing models. These models tie legal fees to the derived value rather than time. Examples include fixed fees where the client pays a set amount for a specific service; contingency fees based on the successful outcome of a case; and success fees, which reward firms for achieving predetermined results. These models encourage efficiency and focus on outcomes, aligning the interests of the firm with those of the client.

GLOBAL COMPETITION AND ALTERNATIVE SERVICE PROVIDERS

The rise of global competition and alternative legal service providers, including legal process outsourcing and integrated full-service companies, has increased the pressure on traditional firms to modernize service delivery. These providers often use technology and innovative pricing models to deliver services more efficiently, setting new benchmarks for clients.

STRATEGIC RESPONSE TO EVOLVING NEEDS

To adapt effectively, firms must understand changing client dynamics and strategically incorporate their preferences into their service models. By doing so, they not only meet client expectations but set themselves apart in a competitive market. This shift towards client-centered service models is crucial for maintaining client loyalty and attracting new business. Firms that successfully navigate this shift will likely enjoy enhanced client relationships and sustained profitability in an increasingly client-driven market.

THE IMPERATIVE OF COST ACCOUNTING

As the legal industry evolves due to the pressures of client demands and technological advancements, adopting cost accounting practices becomes increasingly critical for firms. This shift is imperative not only for maintaining competitiveness but also for achieving sustainable profitability in a challenging market environment.

UNDERSTANDING TRUE COSTS

The core benefit of cost accounting is the detailed insight it provides into the actual costs of delivering legal services. Traditional accounting might focus on revenues and basic expenses, but cost accounting delves deeper, breaking down costs to a granular level. This includes direct costs like staff salaries and benefits and indirect costs such as administrative support, technology, and office space. By understanding these costs, firms can make informed decisions about pricing, budgeting, and financial management, which are crucial for strategic planning.

PRICING STRATEGY AND PROFITABILITY

One challenge firms face is pricing services appropriately. Cost accounting allows firms to determine the true cost of service delivery for each lawyer, practice area, and client. This information is vital in setting fees that are competitive and profitable. Without this data, firms risk underpricing their services and eroding profitability or overpricing, which could alienate potential clients. Moreover, understanding costs helps firms navigate the complexities of alternative fee arrangements by setting prices that ensure profitability while meeting client expectations for cost certainty and aligning legal fees with the value provided.

ENHANCED RESOURCE ALLOCATION

By identifying more and less profitable services, client types, or practice areas, management can make strategic decisions about where to invest resources. For example, a firm might decide to expand a highly profitable practice area or improve efficiency in a less profitable one. Strategic resource allocation ultimately leads to better overall performance and competitive positioning.

IMPROVED FINANCIAL MANAGEMENT AND REPORTING

Accurate cost accounting facilitates more precise financial management and reporting. It provides law firm leaders with a clear picture of financial performance across different segments of the business, enabling them to pinpoint issues, track progress towards financial goals, and adjust strategies as necessary. Moreover, detailed cost information enhances transparency with clients, who increasingly demand detailed and justified billing.

DRIVING EFFICIENCY AND INNOVATION

Firms face constant pressure to deliver services more efficiently, particularly in an era where technological advancements and new competitors are continuously emerging. Cost accounting helps identify inefficiencies and areas where technological investments could yield significant returns.

FACILITATING STRATEGIC DECISION-MAKING

Finally, cost accounting is not merely a financial tool, but a strategic one. It allows firm leaders to evaluate the profitability of various business models, decide whether to enter new markets, and assess the potential impact of strategic decisions such as mergers, acquisitions, or lateral hires. By providing a clear understanding of cost structures, cost accounting supports strategic decisions that align with the firm’s long-term goals and market dynamics.

PRACTICAL STEPS IN IMPLEMENTING COST ACCOUNTING

Determining the cost of legal services isn’t as daunting as it might seem. It begins with calculating the direct costs associated with specific task or activity — salaries, payroll taxes, insurance, and training costs. Indirect costs, or general overhead expenses, are then allocated to the same tasks based on a predefined formula. This allows the firm to determine an annual cost per task; when divided by the number of hours billed annually, it yields the cost per hour for that task. Understanding cost per hour lets firms set appropriate billable rates and consider various billing arrangements while maintaining profitability.

LEVERAGING COST INFORMATION FOR STRATEGIC ADVANTAGE

With a robust cost accounting model, firms can achieve several strategic advantages:

  • By understanding the true cost of services, firms can set billing rates that align with profitability targets.
  • Firms can assess profitability of individual clients based on work done and effective rates achieved.
  • Enhanced cost insight allows for more accurate budgeting in client proposals, avoiding surprises and bolstering client trust.
  • Knowing actual costs supports creative billing and strategic use of alternative fee agreements to outmaneuver competitors.

CONCLUSION

The imperative of adopting cost accounting cannot be overstated. As the legal industry becomes more competitive and client-driven, the ability to accurately assess and manage costs will differentiate successful firms from the rest. Firms that embrace cost accounting will be better equipped to innovate, manage their resources effectively, and make strategic decisions that enhance their value and profitability.


Law Practice Solutions is a regular column from the State Bar of Michigan Practice Management Resource Center (PMRC) featuring articles on practice, technology, and risk management for lawyers and staff. For more resources, visit the PMRC website at michbar.org/pmrc/content or call our Helpline at (800) 341-9715 to speak with a practice management advisor.