Michael Nicell - IAM Presentation 2014

the legal profession

a strategiclandscape

VIEWS FROM THE FRINGE

Michael Nicell, Griffith College Dublin

IAM Conference - September 2014

Michael Nicell - IAM Conference 2014

strategy and the professional ethic

1. what perspectives and priorities prevail?

2. what are their causes and implications?

3. is there potential for improvement?

2


discoveries

3


narrative summary

BACKGROUND

• challenges

• literature and limitations

RESEARCH

• conceptual framework

• policy delphi stages

• data collection

FINDINGS

• despair

• hope

THOUGHTS

• contributions

• implications

• recommendations

4


professional problems

Intangibles

Managerialism

Identity and conduct

Tangibles

Downward pressure on

fees

Rationalisation and mergers

Regulation

Self-governance

Insurance and risk

International

Ownership and

incorporation

Virtualisation

5

literature and limitations

• Professional Bureaucracy - Henry Mintzberg

• Managing the Professional Services Firm - David Maister

• Professional Firm Archetypes - Ackroyd, Brock & Muzio

• Drivers of change - Richard Susskind

6

LIMITATIONS

• Descriptive

• Data sources

• Composition

• Constrained by existing models

• Relevance to Ireland



DEMANDS

CONSTRAINTS

CHOICES

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conceptual framework


conceptual framework

PURPOSE

PROCESS

CONTENT

CONTEXT

8


policy delphi: research stages

SURVEYSTRATEGIC

LANDSCAPEPERSPECTIVES

AND PRIORITIES

QUESTIONNAIREVIEWS FROM THE FRINGE

CAUSES AND IMPLICATIONS

INTERVIEWSBILATERAL SOLUTIONS

POTENTIAL FOR IMPROVEMENT

QUASI-JUDICIALEXPERT

OVERSIGHTQUALITY AND RELEVANCE

9

survey design

10Michael Nicell - IAM Conference 2014


survey participants .TOTAL: 73

Gender

Organisation Type

Firm Size (fee-earners)

Position

Experience (years)

45

45

23

26

10

26

18

20

10

47

2

7

14

27

15

(female)(male)

(state/inhouse)(law firm)

(4-29 F/E)

(owners)(juniors)

(10-15 years)

(30+)(1-3)

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findings

13

economic imperative 2 societal imperative 1

PROFITABILITY

“If your goal is anything but profitability ... you'll hit problems.”

• - Michael Porter, Author of "Competitive Strategy"

RESPONSIBILITY

“A merchant who approaches business with the idea of serving the public well has nothing to fear from the competition.”

• - James Cash Penney, founder of JC Penney

16 32 4 4 8 10

17 30 9 1 12 5

16 22 7 7 16 6

De

sira

ble

Fea

sib

le

A

pp

rop

riat

e

absolutely strongly slightly slightly strongly absolutely


finding 1

economic imperative 2 societal imperative 1

PROFITABILITY

• “I think in practices there is limited scope for anything other than being a fee-earning solicitor, in terms of there being broader justice implications or whatever”

• “You cannot do good work if you do not have the staff and resources and these require profitability. We are not in this for the fuzzy warm glow, it is all about the money”

RESPONSIBILITY

• “Prior to entering the legal profession, I had mistakenly identified it as mainly based on a responsibility motivated industry and it is my experience that the profit motive looms behind

many actions, which is a pity”

• “If the goal is profitability then it’s not a law firm”


finding 1



strategy is for other people

Process

Analysis

Deliberateness

Evolution

Content

Resources

Responsiveness

Cooperation

Context

Compliance

Control

Local

17

finding 2


strategy is for other people

18

finding 2

• Ambidextrous

• Choice over Compliance

• Resolves strategic tensions

• Inertia• Strategy not articulated• Shaped structure/processes

• Analysis over Experience

• Markets over Resources

• Responsive over Synergy

• Compliance over Choice

• Experience over Analysis

• Resources over Markets

• Synergy over Responsive

• Compliance over Choice

Defender Prospector

AnalyzerReactor


one size fits one

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finding 3

one size fits one

M A R K E T S

• “What’s the point in training up your staff in something that is useless? The reality is that you must focus on what clients will need”

C O M P L I A N C E

• “you can't abandon established practices without getting buy-in from the profession as a whole”

C O N T R O L

• “Decisions are hard to make. The people who stand to make a loss are the only ones who should have a say.”

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finding 3

R E S O U R C E S

• “the best way to compete is to be the best in your field”

C H O I C E

• “Generally I think sometimes the conservatism and entrenched structures of law firms stifles innovation”

D E V O L U T I O N

• “A strongly controlled environment lessens innovation, destroys collegiality and cooperation and ultimately leads to inferior service to clients.“


the solutions are to be found within

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finding 4

Thinking

• Resolve the tension by resequencing: experience informs the scope of analysis and is then reapplied to evaluate the analysis to make decisions

Formation

• Set broad goals to build in flexibility, allowing fee-earners to decide how they want to meet those goals and then commit to that

• Reduce the input required from senior solicitors by analysing the process, thus creating a leaner setup

Change

• Planning, testing and piloting before revolutionary changes allows continuity when they are being implemented

• Adapt the pace of change from revolution to evolution depending on the pace of change in the environment


the solutions are to be found within

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finding 4

• the wisdom of crowds

• validation and the human relations approach

• democratizing hierarchies

• the benefits of decentralizing strategy

• sharing the burden

the value proposition

CONTRIBUTIONS

• framework for analysis

• explores professional ethic

• insights into firm dynamics

LIMITATIONS

• central conceit

• generalisability

• untapped potential

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looking forward

IMPLICATIONS

• exposed to competition

• legitimacy under threat

• pressure on the partners

• solutions are available

RECOMMENDATIONS

• choose a side: defender or analyser?

• explicate the firm’s purpose

• get junior staff involved

• strategy audits

Michael Nicell - IAM Conference 2014 24


Michael Nicell

Phone: +353 (0) 86 816 4297

Email: [email protected]

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thank you

Documents

Michael Nicell - IAM Presentation 2014