One of the most critical elements for effective practice
groups is having a business plan. It creates group cohesion,
establishes metrics and goals by which the group’s
performance can be measured and informs firm management
as they make decisions about the firm’s strategy
and resource allocations. There are ten steps for practice
group plans that actually achieve results. Each of these
steps is covered below. One –Practice group
business plans should be viewed as a critical management
tool for your firm and practice leaders.
In firms where practice group planning is thriving,
the plans are viewed by firm management as critical
for continued evolution of the firm’s strategy.
They help inform firm management about the trends and
opportunities that the firm needs to deal with or can
capitalize upon. They also help firm management make
resource allocation decisions. Firm management views
the plans almost like “pitches” for firm
resources – marketing dollars or staff time, professional
development expenses, lateral hire compensation, recruiters’
fees, etc. Last, but certainly not least, they form
the basis upon which the performance of practice groups,
their leaders and their members are measured. The performance
of the group and each member’s contribution to
the performance is a factor in the firm’s compensation
system in firms that have effective practice group management.
Two –Firm management must give feedback to the
practice groups on their plans if you expect them to
be worthwhile.
In many firms we see management requesting practice
group plans from their practice group leaders. Once
submitted, these plans are not reviewed or discussed
until, sometimes, years later when the plans are again
requested. In fact, in some firms, practice leaders
tell us that they have even submitted the same plan
year after year with a different cover page. Management
was obviously not reading the practice plans.
The quid pro quo for the practice groups doing plans
is that firm management must give feedback to each practice
group leader. "Is it on the right or wrong track?”,
”How does it fit with the firm’s strategy?”,
“What resources will be allocated based on the
justification in their plan?” If this feedback
process is used, the plans are extremely valuable tools
for firm management to guide the practice groups and
to maximize use of the firm’s resources. Also,
as an important side benefit, reviewing the plans can
help firm management identify potential areas of future
strategic or positional conflicts that may cause the
firm problems.
Three – Your plan should be developed with participation
by most, if not all, members of your practice group.
Depending upon the size of the group, at least all
of the partners should actively participate in developing
the plan. Practice group plans typically fail when the
practice group leader drafts the plan and circulates
it for input. Even if the leader gets significant input
from everyone in the group when he or she circulates
it, the group has not really bought into the plan. To
achieve real commitment and “ownership,”
requires everyone’s involvement in actually creating
it. Many large firms will have an annual practice group
retreat, during which the planning process is either
initiated or finished. There is at least one meeting
of most, if not all, of the members of the practice
group to develop the plan. Wherever possible, associates
should be included in creating the plan too. They have
valuable insights, can offer highly innovative ideas
(as they are typically less stymied by tradition) and
can be extremely helpful in implementation.
Four – The plan should be simple yet based on
a thorough assessment of your market position.
The business planning process should begin with an
assessment of the practice group from both an external
and internal perspective. The assessment is designed
to help your practice group develop a realistic, inspirational
and innovative plan that will set priorities and identify
specific and detailed actions to achieve its goals.
This assessment used to be called a “SWOT”
analysis – which addressed strengths, weaknesses,
opportunities and threats that were, or would soon be,
affecting a practice group. However, with today’s
competitive and rapidly changing market, “SWOT”
analyses are considered out of date and antiquated.
They are not very effective because they do not sufficiently
consider the market dynamics and can cause a firm to
be complacent or ill-prepared.
Instead, it is important for a group first to evaluate
the market and its current position – in as candid
a fashion as possible. With extreme competition and
difficult trends affecting many practices, it can mean
failure if there is not a candid, realistic evaluation
of the group – this is not the time to be superficial
or pat yourself on the back. It is the time for an earnest
and candid evaluation of the following:
- What services your group offers,
- What are the trends affecting these services (positively
and negatively),
- Who is your competition and finally, and most importantly,
- What are your group’s “selling points”
vis-à-vis the competition – what is it
that truly differentiates your practice group.
The last two parts of this are most frequently left
out of practice group assessments or are very superficially
answered with responses such as “it is the quality
of our lawyers that distinguishes us,” or similar
comments about the quality of the work. These selling
points must be important to existing and prospective
clients and must be provable. Characteristics such as
the “quality” of your lawyers or your work
are rarely verifiable through market ratings or feedback
from clients that use your firm and the competitor firms.
The fact is that every firm makes these same statements
– and believes that they are true. Selling points
that can distinguish your group are characteristics
like in-depth industry knowledge, technology applications
that add value to the client, market rankings or ratings
of top firms, significant critical mass in an area of
expertise, etc.
Five – Your plan should be a business plan,
not just a marketing plan.
In order to be effective in today’s market, practice
group plans should be “business” plans,
not just marketing plans. This distinction is more than
semantics. In addition to trends and competition, a
business plan addresses your resources such as breadth,
depth, technological expertise, service delivery capabilities
and more. It is not effective anymore to identify target
clients and then try to let them know how good your
firm is or that you want their business. Instead, you
must be able to differentiate your practice group (or
the practice areas under your group) in terms of how
you recruit and train, how you manage people and work,
how you use technology in a way to add value to the
client (in addition to the ways other firms use it),
what new services or products you are offering and more.
Without this, most law firm marketing is perceived by
clients as “fluff.” In order for marketing
to be effective, it is necessary for the practice group
to have a differentiable market position that can be
held out to the potential client in a verifiable, demonstrable
way.
Marketing activities in a business plan must be based
on a foundation of practice management activities to
truly differentiate your practices. Practice management
activities in plans include steps like: increasing the
group’s critical mass or capabilities through
recruiting of laterals, enhancing associate associates
by the use of training checklists or experience tracks,
developing new products or services, developing in-depth
industry knowledge (where you are known as one of the
top firms that understands or deals with a particular
industry’s issues), using knowledge management
to manage work or otherwise add value to clients in
a way unlike your competitors, recruiting lateral partners
to build greater critical mass, etc. A rule of thumb
is that most practice group plans should be at least
a 60-40 mix of practice management activities vs. marketing
activities, in order for the marketing piece to be effective.
Essentially, the plan needs to address:
- Where is the practice today (what are we offering,
to what clients, industries or niches, what trends
are driving it and who is the competition)?
- Where do we want it to be in 1 – 3 years
(in terms of specific goals as described below)?
- What will it take to move the practice from its
current position to its desired position – in
particular to deal with the trends and the competitors?
The plan should be no more than five to ten pages.
The assessment may also be as long or longer but once
the assessment is completed, you no longer need to review
it monthly like you do the plan. The assessment is part
of periodic evaluations of the assumptions on which
you based the plan – trends, competitor moves
and more.
Many firms are also creating industry and client team
plans. While practice group plans cannot be simply marketing
or business development focused, industry or client
team plans can be oriented around these functions. If
your firm has strong practice groups in place as the
primary management level of the firm’s operations,
the industry team plans should be primarily focused
on business development in the specific industries and
on training that is specific to serving that industry.
Client team plans should focus on ensuring the client
team thoroughly understands the client’s needs,
is managing and expanding the relationship as well as
possible and is anticipating the future needs and plans
of the client. These plans should be closely integrated
with the practice group plans which are where you ensure
the management of the work and the people, as well as
development of high levels of specialization that enable
you to serve niche industry and client needs.
Six – Establish specific goals and objectives
or metrics that can be measured or against which progress
can be tracked.
There must be at least two to three specific, preferably
measurable, goals. The practice group business plan
should translate firm-wide strategy and goals to the
practice group level. Practice group goals can be broad,
but should link group goals with that of the firm. Based
upon the firm’s strategic plan, the goals should
answer, “What does the firm expect of our practice
group?” In addition, the goals should provide
the group with sufficient direction to make decisions
like laterals to consider, marketing strategies to pursue
and generally, how to spend the group’s resources
– time and money. Goals typically cover areas
like the group obtaining a position on certain “short
lists,” achieving certain financial goals or building
a particular critical mass of recognized experts.
Along with broad but clear goals, it is helpful to
have measurable objectives that are interim or “smaller”
steps that will show the group it is making progress
toward each goal. These are particularly important to
maintain group enthusiasm after the first year of planning
and implementation.
In addition, the goals serve at least two other important
roles. First, as mentioned above, the plan, and particularly
its goals, provides management with a basis for making
decisions about allocating resources to the group. In
most firms, firm management makes these decisions based
on whether the plans are concrete, realistic and likely
to provide a good return on investment. Second, but
related to the first point, the plan helps firm management
see how a practice group supports the firm’s strategy.
Seven – Your plan should include a selection
of the right organizations in which to be involved.
To be effective in positioning your practice group,
part of the plan should answer the question: “What
trade and business organizations do we need to be involved
with to be seen as a ‘player’ in this niche?”
For the most part, community and civic organizations
are not effective in positioning practice groups for
obtaining high value work. Only some bar association
activities are effective for these purposes as well.
The practice group’s organizational involvement
is a critical element of any good plan and the individual
members’ activities should be coordinated and
directed to obtain the greatest value and exposure for
the practice group.
Eight – No plan is complete without an “action
plan” – and this should be a regular agenda
item on each month’s group meeting.
Discussion of progress with the plan and any important
developments and action items that may affect it should
be a top agenda item for each monthly practice group
meeting. The actions items are a list of activities,
person(s) responsible and deadlines or target dates
for completion. Keeping the business plan at the forefront
of everyone’s mind ensures that it will be taken
more seriously and that you will see a higher level
of implementation. Your group members will be more likely
to follow through on their commitments to it if your
group is measuring its performance and progress and
if it is regularly communicated so everyone is on the
same page. . The monthly meetings should create “rolling
to-do lists” that are updated at each monthly
meeting. In a growing number of firms, their group business
plan is posted to their practice group intranet page
and is regularly viewed and updated.
Nine – Your firm’s professional managers
can help you develop great plans.
In many firms, the firm’s CMO, CIO, CFO, or
practice management professionals like Department Operating
Officers are active in the practice group business planning
process. Their roles can range from helping provide
information like client profitability data or market
research on the competition to helping to guide the
practice group planning meetings. They have experience
in this area and can both help save the lawyers’
time in developing the plan and add value through their
knowledge and expertise in areas where the lawyers are
novices.
Ten – Individual partner or lawyer business
or marketing plans should only be done as part of the
practice group business planning process.
Some firms start with having individual partner plans
– often in their quest to increase accountability
in their firm. The problem with this is that having
individual plans without group plans only sends the
lawyers out in different and often conflicting directions
and it actually reinforces individual lawyer autonomy,
not accountability.
Individual plans are very important for accountability
and to create individual buy-in to the group plan but
should be done after the group plan is developed. Then,
a lawyer’s individual plan may include a mix of
activities where they are helping to implement their
primary practice group’s plan, their secondary
practice group’s plan (if any) and the firm’s
activities (like serving on a recruiting committee or
other firm role). Even if the individual plans are done
as part of the practice group planning process, most
firms found they obtained only about 60 percent or so
participation unless the plans were tied into their
annual compensation process. If they are, most firms
achieve nearly 100 percent participation and it is generally
a highly valuable part of the process.
Conclusion
Practice group plans can be a valuable tool if done
correctly. If not done correctly, they can be a waste
of time and cause already cynical lawyers to become
more so. If you develop a plan following the steps above,
your plans should achieve great success.
Susan Raridon Lambreth
has 19 years of experience as a consultant to the legal
profession. She consults on leadership, practice management
and strategic issues affecting the future of law firms
and the legal profession. She works with managing partners,
practice group leaders and executive committees. Ms.
Lambreth has helped many of the largest firms in the
U.S. implement strong practice group management (including
over 30 percent of the AmLaw 100) and train their Practice
Group Leaders. She has trained over 1,600 lawyers, who
hold firm or practice management roles, how to lead
and manage more effectively.
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