Finally, Kirkland & Ellis Updated the Game - Now What?
The largest law firm in the world Kirkland & Ellis made headlines when announcing it would no longer disclose financial data. The buzz was that move was generated by increasing client discontent with high legal bills.
Smirk. The reality should have always been that it was nutty for a law firm - that is, not a public company primarily accountable to investors - to crow about metrics such as Profits Per Equity Partner. Any business-savvy client would start connecting the dots and maybe begin comparison-shopping.
Sure, a law firm should be signaling growth, but not through the PPEP lens.
Yes, on the one hand, a firm had to be positioned and packaged as in a high-growth mode. Way back in 2021, Paul, Weiss partner/thought leader Brad Karp hammered in Bloomberg Law that firms not on a growth trajectory could actually go out of business. The categories for that include the number of star partners, international expansion and creation/scaling of practices aligned with client needs such as Private Equity/M&A. Implicit in this, of course, is that a law firm requires the financial resources to fund growth.
But, come on, if you were a client would you welcome knowing that your business constituted part of the funding source. K&E finally accepted that reality.
Change generates more change. So, what else could be happening?
Well, given clients' ramped up attention to billing rates, they will likely become more and more discerning in choosing their providers. Already, as I know from talking with in-house counsel, selection is based on recommendations from their networks, recent track records, thought-leadership publications and responsiveness. About the latter, did the West Coast partner show up totally prepared and alert for the New York based 7 AM Zoom meeting?
However, now they might automatically rule out firms which indulge in old-line marketing. How distracting and annoying.
For example, what about all those awards featured on the website? The joke is that corporations don't choose Skadden or Cravath because of their website. That's mere window-dressing. Moreover, too well-done a website could be a negative. Clients aren't buying aesthetics.
Way back in 2018, Forbes exposed the folly of all those awards. Many were stand-alones, with no link to client satisfaction. Also, there's too often the pay to play aspect.
Another turn-off is relying on an in-house advocate or even a few to get and keep the business for you. With time and it might not be long that can backfire. I have worked with in-house lawyers who smoothly organized campaigns against this tactic, bringing in their own choice.
A third is a cultural mismatch. The New York partner is the front lines for a Southern based account. The traditional prestige aura might not play in that context. Get a proxy down there. Not unthinkable is that in this status-driven profession prestige factors in less in getting, holding and growing business. This is a turbulent era for law firms. During such an era for the US auto industry, the Chrysler turnaround leadership veered away from all status markers.
A fourth is not being a leader in the integration of AI for strategy and logistics.
Is the lesson here: Change before you have to? Had K&E stopped boasting earlier it might have delayed the current aggressive pushback on billing.
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