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Managing Partner Forum
Boutique and Small Firms
The Path to Survival
August 2015
Contents
• Central theme
• Biggest business changes ever seen
• Everything up for grabs
• No one is safe
• What will happen to law firms
• And how fast
• Examples of business model disruption
• IBM Watson
• Clip on cancer patients
• Visit Harvard Law School website
• Why is this happening so fast now?
• What might change in legal practice, given these changes?
• Analysis of legal market
• Possible strategies to survive
2
Central Theme – How Do Law Firms Survive and Prosper?
We are in the early stages of the most significant changes to businesses of all kinds we have ever
seen in human history
These changes have, are and will affect how we work, where we work and how we live our lives
The legal profession is grappling with all the changes that come from now participating in a fully
competitive market
On top of these changes are all the digital transformations to business models that are sweeping
the world
How much of these changes will impact law firms – and how fast?
3
Examples of Business Model Disruption
• The impact of Seek, Realestate.com and Carsales.com on Fairfax
• Google driverless car
• Google Loon
• Google wallet
• Tesla electric cars
• Tesla batteries
• Netflix
• iBooks
• Bitcoin
• Apple music
• Apple iPad and iPhone
• Airbnb
• Uber
• Drones
• Internet of things
4
Waves of Digital Disruption
5
1995+
Music
Photography
Video Rental
…
2010+
Print Media
TV
Travel
HR
…
2015+
Banking
Healthcare
Automotive
Retail
Education
Telco
Legal??
…
2020+
All safe havens will be
subject to digital
disruption
…
6
No One Is Safe
Average Company Lifespan on S&P 500 Index
• Technology
• All the world’s media and information is online
• Mobile devices can access this information and anyone anywhere at anytime
• Cloud computing puts a super computer in your pocket
• Focus on problems that need solving
• Unutilised capacity - examples
• Cars
• Houses
• House roofs
• House walls
• People
• Lower cost
• Better service
7
Drivers of Business Model Changes
8
• Fairfax 20%
• REA 18 times
• Seek 5 times
• Carsales 2.5 times
• Google driverless car has now done over one million miles with limited issues in USA
• If this takes off - what does that do to the:
• Ownership of cars
• Taxi industry
• Car insurance business
• Car repair business
• Spare parts business
• Design of roads/bridges
• Apparently we would only need 15% of the cars in the world
• Car park industry
• Climate change debate
9
10
Google Loon – 4G broadband to remote areas globally
11
12
Electric Cars
• Tesla’s all-wheel drive Model S P85D is capable of running on autopilot by using cameras
and ultrasonic sensors to read speed limits, monitor other cars on the road and park
automatically
• 25% running and maintenance costs compared to petrol engines
• Even less cost if tap into your own solar energy
• Very quiet and very smooth
• Faster than Ferrari – in “insane” mode
• No pollution
• What does this do to the oil industry?
• What does this do to the petrol station operators?
13
Batteries that capture solar energy
14
Batteries that capture solar energy
• House roofs sprayed with photovoltaic cells that turn the roof into a solar capture
engine
• Walls made of Tesla batteries that capture this energy
• Energy used to
• Recharge electric car batteries
• Power the house
• Arbitrage peak and off-peak tariffs
• What does this do to the power generation and distribution businesses?
• What does this do to coal powered generation pollution?
15
People on Mars
There are no boundaries to some people’s imagination
16
Goodbye Foxtel as we Know it?
17
Goodbye Book Publishers and Retailers?
18
Bitcoin is an innovative payment network and a new kind of
money – driven by an amazing platform called blockchain
19
Is Killing the Notebook
20
Internet Anytime Anywhere
How iPhone Changed the World
21
• 45 million tracks
• $10 per month
• Available on any device anywhere
• What did a CD with 10 tracks on it used to cost?
22
The Day is Coming When No-one Will Buy Physical CDs
23
24
25
Factors Driving Growth of Uber
26
They are not
looking for
Great Ideas
27
They are looking for
Great Problems
(that need solving)
29
The Rise of the Chief Digital Officer
Ief Digital Officer
30
31
Drones
• The solar-drones, which can reportedly stay airborne for five years, would act as movable
wireless access points
• Drones could allow businesses to deliver products to customers without having to send a
driver
• Huge, expensive news helicopters might not be the standard for much longer. Drones
equipped with cameras can fly lower and into smaller areas than larger manned aircraft
• Large-scale farmers utilize aerial views from drones to monitor crop growth
• Drone-aided search and rescue missions have been adopted by law enforcement across
the country
• Rio is trialling drones in a number of mining applications in remote locations
• Drones are monitoring infrastructure such as power facilities, ports and pipelines
32
Internet of Things
• Factories — data from different types of equipment used to improve line efficiency
• Cities—video, cell-phone data, and sensors used to monitor traffic and optimize flow
• Retail—payment and item-detection systems linked for automatic checkout
• Work sites—worker- and machinery-location data used to avoid accidents
• Vehicles—equipment-usage data used in presales analytics and insurance underwriting
• Agriculture—multiple sensor systems used to improve farm management
• Outside—inventory levels monitored at various stages of the supply chain
33
IBM Watson
34
Why is This Happening So Fast Now?
35
36
37
Start teaching your kids to code
38
Who thinks law firms will be immune from all these forces at work?
39
Who thinks
This is a now issue?
This is 5 years away?
This is 10 years plus away?
This is 20 years plus away?
40
What Might Change in Legal Practice, Given These Technologies?
41
% of revenue Great Good OK ?
Revenue 100 100 100 100
Lawyer Rem 20 25 25 25
Overheads 30 35 40 >45
Margin 50+ 40 35 <30
Leverage 4 3.7 3.4 <3
Utilisation 80+ 75 65 <55
Fee multiple 4+ 3.8 3.5 <3
Leverage under attack Fee rates under attack
Work volumes declining Margins declining
What Might Change in Legal Practice, Given These Technologies?
• Work that can be done by a machine – will be eventually:
• Discovery in litigation
• Already happening
• Due diligence in M&A
• Already happening
• Routine commodity type work – leases, mortgages etc
• Already happening
• ROSS Intelligence, which is making headlines for its novel application of the IBM Watson
machine learning platform to legal research, has been hard at work training the system to
understand law
• Legal OnRamp Uses IBM Watson to Analyse Contracts - today
42
What Might Change in Legal Practice, Given These Technologies?
• This means that law firms:
• Leverage ratios will drop to below 2 over time
• Will increasingly focus on the high value work – which will never be replaced by a robot
• Will need to build a different pricing system for value added work
• Will need to slash their costs
• Employment costs will drop to below 20% of revenue as leverage drops
• Overhead costs will be dramatically reduced
• Premises costs for major law firms are nearly 10% of revenue
• Accenture’s premises costs are .7% - 15 times lower
• People will be able to work anywhere
• Partners will be on the tools full-time – as are strategy consulting firms
43
Analysis of Legal Market
44
So what do we do about this?
45
Top 10 Firm National Market Shares – Top 4 Firms
Market Share % 1st 2nd 3rd 4th
B&F 16 15 14 12
Corporate 13 12 12 11
Tax 21 16 16 16
Competition 20 14 11 9
Construction 18 14 12 11
Property 13 13 12 12
PELG 20 17 12 11
IP 16 13 13 10
Technology 19 13 11 10
Litigation 19 13 11 10
Workplace R 23 17 13 11
46
0.0%
10.0%
20.0%
400 900 1,400
FIRMMARKETSHARE%
PROFITABILITY PPEP $000
Relationship Between Market Share and Profitability
Total Legal Market Size
47
Practice Group Revenue
$Mill
Biggest 9 Firms Next 45 Firms Total Market
Banking & Finance 460 319 779
Competition 112 68 180
Construction 214 238 452
Corp Advisory 872 497 1389
General Litigation 605 951 1556
IP 155 102 257
Planning 151 134 285
Property 192 289 481
Tax 162 77 239
Technology 77 79 157
Workplace Relations 223 249 472
Other 0 144 144
Total 3223 3147 6370
Number of Firms with Scale – Out of 45 Firms
48
Practice Group Market Share > 10% > 5%
Banking & Finance 1 4
Competition 1 5
Construction 0 9
Corp Advisory 1 6
General Litigation 0 5
IP 2 5
Planning 2 6
Property 1 6
Tax 2 5
Technology 2 4
Workplace Relations 1 5
Total 0 5
What Does This Data Tell Us?
• The legal market below the top 10 is very fragmented
• Many of the top 10 firms have achieved a 20% market share in specific practice groups – and
have been in that position for generations
• There are only 1 or 2 firms in the next 50 that have a market share of 10% in each practice
group
• There is no firm that has a 10% market share across all practice groups
• This market will need to consolidate – because:
• The long term winners have significant market shares
• This scale gives financial power to invest in technology, systems and people
• This scale usually produces greater quality
• This greater quality attracts both clients and lawyers – which fuels the virtuous circle
• You only need to look at all other professional services businesses globally to see what has
happened over the past 20 years
49
What Does This Data Tell Us?
• There are a number of areas of potential increased focus:
• Employment law - $500 mill national market
• The top 10 firms will exit this market over the next 5 to 10 years
• Who could become a $100 mill national powerhouse in this market?
• Litigation - $1.5 bn national market
• There will always be room for good litigators
• Who could become a $150 mill powerhouse in this market?
50
What Does This Data Tell Us?
• There are a number of areas of potential increased focus:
• Employment law - $500 mill national market
• The top 10 firms will exit this market over the next 5 to 10 years
• Who could become a $100 mill powerhouse in this market?
• Litigation - $1.5 bn national market
• There will always be room for good litigators
• Who could become a $150 mill powerhouse in this market?
51
Then there is a different equity structure
52
53
–
2.00
4.00
6.00
8.00
10.00
May-07
Aug-07
Nov-07
Feb-08
May-08
Aug-08
Nov-08
Feb-09
May-09
Aug-09
Nov-09
Feb-10
May-10
Aug-10
Nov-10
Feb-11
May-11
Aug-11
Nov-11
Feb-12
May-12
Aug-12
Nov-12
Feb-13
May-13
Aug-13
Nov-13
Feb-14
May-14
Aug-14
Nov-14
Feb-15
Slater & Gordon (A$/share) S&P/ASX 200 (indexed)
A$/share (indexed to Slater & Gordon)
Possible Strategies to Survive
54
Strategies to survive
• Focus in the few areas you can win and build scale – at a segment level
• Extreme examples:
• Wachtell Lipton – Major M&A and litigation
• Quinn Emmanuel - Litigation
• Consolidate to build scale
• Become totally client centric – easy to say – very hard to do
• What are the most pressing problems my clients need help with?
• Focus on building a great culture
• Drive down costs
• Cost of production
• Overheads
• As every other business has been forced to do in the past 10 years
55
Good Luck
Contact Details
57
John Colvin
Principal
E: jcolvin@johncolvin.com.au
M: +61 409 183 174
S: +61 2 8823 3485
Level 36, Governor Phillip Tower
1 Farrer Place, Sydney NSW 2000, Australia
Sandra Heinig
Senior Associate
E: sh@johncolvin.com.au
M: +61 416 731 897
S: +61 2 8823 3485
D: +61 2 8823 3487
Level 36, Governor Phillip Tower
1 Farrer Place, Sydney NSW 2000, Australia
Sian O’Shaughnessy
Research Analyst
E: sian@johncolvin.com.au
D: +61 2 8823 3485
Level 36, Governor Phillip Tower
1 Farrer Place, Sydney NSW 2000, Australia

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The path to survival

  • 1. 1 Managing Partner Forum Boutique and Small Firms The Path to Survival August 2015
  • 2. Contents • Central theme • Biggest business changes ever seen • Everything up for grabs • No one is safe • What will happen to law firms • And how fast • Examples of business model disruption • IBM Watson • Clip on cancer patients • Visit Harvard Law School website • Why is this happening so fast now? • What might change in legal practice, given these changes? • Analysis of legal market • Possible strategies to survive 2
  • 3. Central Theme – How Do Law Firms Survive and Prosper? We are in the early stages of the most significant changes to businesses of all kinds we have ever seen in human history These changes have, are and will affect how we work, where we work and how we live our lives The legal profession is grappling with all the changes that come from now participating in a fully competitive market On top of these changes are all the digital transformations to business models that are sweeping the world How much of these changes will impact law firms – and how fast? 3
  • 4. Examples of Business Model Disruption • The impact of Seek, Realestate.com and Carsales.com on Fairfax • Google driverless car • Google Loon • Google wallet • Tesla electric cars • Tesla batteries • Netflix • iBooks • Bitcoin • Apple music • Apple iPad and iPhone • Airbnb • Uber • Drones • Internet of things 4
  • 5. Waves of Digital Disruption 5 1995+ Music Photography Video Rental … 2010+ Print Media TV Travel HR … 2015+ Banking Healthcare Automotive Retail Education Telco Legal?? … 2020+ All safe havens will be subject to digital disruption …
  • 6. 6 No One Is Safe Average Company Lifespan on S&P 500 Index
  • 7. • Technology • All the world’s media and information is online • Mobile devices can access this information and anyone anywhere at anytime • Cloud computing puts a super computer in your pocket • Focus on problems that need solving • Unutilised capacity - examples • Cars • Houses • House roofs • House walls • People • Lower cost • Better service 7 Drivers of Business Model Changes
  • 8. 8 • Fairfax 20% • REA 18 times • Seek 5 times • Carsales 2.5 times
  • 9. • Google driverless car has now done over one million miles with limited issues in USA • If this takes off - what does that do to the: • Ownership of cars • Taxi industry • Car insurance business • Car repair business • Spare parts business • Design of roads/bridges • Apparently we would only need 15% of the cars in the world • Car park industry • Climate change debate 9
  • 10. 10 Google Loon – 4G broadband to remote areas globally
  • 11. 11
  • 12. 12 Electric Cars • Tesla’s all-wheel drive Model S P85D is capable of running on autopilot by using cameras and ultrasonic sensors to read speed limits, monitor other cars on the road and park automatically • 25% running and maintenance costs compared to petrol engines • Even less cost if tap into your own solar energy • Very quiet and very smooth • Faster than Ferrari – in “insane” mode • No pollution • What does this do to the oil industry? • What does this do to the petrol station operators?
  • 14. 14 Batteries that capture solar energy • House roofs sprayed with photovoltaic cells that turn the roof into a solar capture engine • Walls made of Tesla batteries that capture this energy • Energy used to • Recharge electric car batteries • Power the house • Arbitrage peak and off-peak tariffs • What does this do to the power generation and distribution businesses? • What does this do to coal powered generation pollution?
  • 15. 15 People on Mars There are no boundaries to some people’s imagination
  • 16. 16 Goodbye Foxtel as we Know it?
  • 17. 17 Goodbye Book Publishers and Retailers?
  • 18. 18 Bitcoin is an innovative payment network and a new kind of money – driven by an amazing platform called blockchain
  • 19. 19 Is Killing the Notebook
  • 20. 20 Internet Anytime Anywhere How iPhone Changed the World
  • 21. 21 • 45 million tracks • $10 per month • Available on any device anywhere • What did a CD with 10 tracks on it used to cost?
  • 22. 22 The Day is Coming When No-one Will Buy Physical CDs
  • 23. 23
  • 24. 24
  • 26. 26 They are not looking for Great Ideas
  • 27. 27 They are looking for Great Problems (that need solving)
  • 28. 29 The Rise of the Chief Digital Officer
  • 30. 31 Drones • The solar-drones, which can reportedly stay airborne for five years, would act as movable wireless access points • Drones could allow businesses to deliver products to customers without having to send a driver • Huge, expensive news helicopters might not be the standard for much longer. Drones equipped with cameras can fly lower and into smaller areas than larger manned aircraft • Large-scale farmers utilize aerial views from drones to monitor crop growth • Drone-aided search and rescue missions have been adopted by law enforcement across the country • Rio is trialling drones in a number of mining applications in remote locations • Drones are monitoring infrastructure such as power facilities, ports and pipelines
  • 31. 32 Internet of Things • Factories — data from different types of equipment used to improve line efficiency • Cities—video, cell-phone data, and sensors used to monitor traffic and optimize flow • Retail—payment and item-detection systems linked for automatic checkout • Work sites—worker- and machinery-location data used to avoid accidents • Vehicles—equipment-usage data used in presales analytics and insurance underwriting • Agriculture—multiple sensor systems used to improve farm management • Outside—inventory levels monitored at various stages of the supply chain
  • 33. 34 Why is This Happening So Fast Now?
  • 34. 35
  • 35. 36
  • 36. 37
  • 37. Start teaching your kids to code 38
  • 38. Who thinks law firms will be immune from all these forces at work? 39
  • 39. Who thinks This is a now issue? This is 5 years away? This is 10 years plus away? This is 20 years plus away? 40
  • 40. What Might Change in Legal Practice, Given These Technologies? 41 % of revenue Great Good OK ? Revenue 100 100 100 100 Lawyer Rem 20 25 25 25 Overheads 30 35 40 >45 Margin 50+ 40 35 <30 Leverage 4 3.7 3.4 <3 Utilisation 80+ 75 65 <55 Fee multiple 4+ 3.8 3.5 <3 Leverage under attack Fee rates under attack Work volumes declining Margins declining
  • 41. What Might Change in Legal Practice, Given These Technologies? • Work that can be done by a machine – will be eventually: • Discovery in litigation • Already happening • Due diligence in M&A • Already happening • Routine commodity type work – leases, mortgages etc • Already happening • ROSS Intelligence, which is making headlines for its novel application of the IBM Watson machine learning platform to legal research, has been hard at work training the system to understand law • Legal OnRamp Uses IBM Watson to Analyse Contracts - today 42
  • 42. What Might Change in Legal Practice, Given These Technologies? • This means that law firms: • Leverage ratios will drop to below 2 over time • Will increasingly focus on the high value work – which will never be replaced by a robot • Will need to build a different pricing system for value added work • Will need to slash their costs • Employment costs will drop to below 20% of revenue as leverage drops • Overhead costs will be dramatically reduced • Premises costs for major law firms are nearly 10% of revenue • Accenture’s premises costs are .7% - 15 times lower • People will be able to work anywhere • Partners will be on the tools full-time – as are strategy consulting firms 43
  • 43. Analysis of Legal Market 44 So what do we do about this?
  • 44. 45 Top 10 Firm National Market Shares – Top 4 Firms Market Share % 1st 2nd 3rd 4th B&F 16 15 14 12 Corporate 13 12 12 11 Tax 21 16 16 16 Competition 20 14 11 9 Construction 18 14 12 11 Property 13 13 12 12 PELG 20 17 12 11 IP 16 13 13 10 Technology 19 13 11 10 Litigation 19 13 11 10 Workplace R 23 17 13 11
  • 45. 46 0.0% 10.0% 20.0% 400 900 1,400 FIRMMARKETSHARE% PROFITABILITY PPEP $000 Relationship Between Market Share and Profitability
  • 46. Total Legal Market Size 47 Practice Group Revenue $Mill Biggest 9 Firms Next 45 Firms Total Market Banking & Finance 460 319 779 Competition 112 68 180 Construction 214 238 452 Corp Advisory 872 497 1389 General Litigation 605 951 1556 IP 155 102 257 Planning 151 134 285 Property 192 289 481 Tax 162 77 239 Technology 77 79 157 Workplace Relations 223 249 472 Other 0 144 144 Total 3223 3147 6370
  • 47. Number of Firms with Scale – Out of 45 Firms 48 Practice Group Market Share > 10% > 5% Banking & Finance 1 4 Competition 1 5 Construction 0 9 Corp Advisory 1 6 General Litigation 0 5 IP 2 5 Planning 2 6 Property 1 6 Tax 2 5 Technology 2 4 Workplace Relations 1 5 Total 0 5
  • 48. What Does This Data Tell Us? • The legal market below the top 10 is very fragmented • Many of the top 10 firms have achieved a 20% market share in specific practice groups – and have been in that position for generations • There are only 1 or 2 firms in the next 50 that have a market share of 10% in each practice group • There is no firm that has a 10% market share across all practice groups • This market will need to consolidate – because: • The long term winners have significant market shares • This scale gives financial power to invest in technology, systems and people • This scale usually produces greater quality • This greater quality attracts both clients and lawyers – which fuels the virtuous circle • You only need to look at all other professional services businesses globally to see what has happened over the past 20 years 49
  • 49. What Does This Data Tell Us? • There are a number of areas of potential increased focus: • Employment law - $500 mill national market • The top 10 firms will exit this market over the next 5 to 10 years • Who could become a $100 mill national powerhouse in this market? • Litigation - $1.5 bn national market • There will always be room for good litigators • Who could become a $150 mill powerhouse in this market? 50
  • 50. What Does This Data Tell Us? • There are a number of areas of potential increased focus: • Employment law - $500 mill national market • The top 10 firms will exit this market over the next 5 to 10 years • Who could become a $100 mill powerhouse in this market? • Litigation - $1.5 bn national market • There will always be room for good litigators • Who could become a $150 mill powerhouse in this market? 51
  • 51. Then there is a different equity structure 52
  • 54. Strategies to survive • Focus in the few areas you can win and build scale – at a segment level • Extreme examples: • Wachtell Lipton – Major M&A and litigation • Quinn Emmanuel - Litigation • Consolidate to build scale • Become totally client centric – easy to say – very hard to do • What are the most pressing problems my clients need help with? • Focus on building a great culture • Drive down costs • Cost of production • Overheads • As every other business has been forced to do in the past 10 years 55
  • 56. Contact Details 57 John Colvin Principal E: jcolvin@johncolvin.com.au M: +61 409 183 174 S: +61 2 8823 3485 Level 36, Governor Phillip Tower 1 Farrer Place, Sydney NSW 2000, Australia Sandra Heinig Senior Associate E: sh@johncolvin.com.au M: +61 416 731 897 S: +61 2 8823 3485 D: +61 2 8823 3487 Level 36, Governor Phillip Tower 1 Farrer Place, Sydney NSW 2000, Australia Sian O’Shaughnessy Research Analyst E: sian@johncolvin.com.au D: +61 2 8823 3485 Level 36, Governor Phillip Tower 1 Farrer Place, Sydney NSW 2000, Australia