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In The Lawyer UK 100 Annual Report this year - now established
as the benchmark for any meaningful financial comparisons between
law firms - you can read a comprehensive analysis of the legal
profession.
We discuss current issues in financial management.
The increasing market share of transatlantic firms is detailed on
our City 50. For the first time, we also
reveal in graphic form the different pay levels, from
non-equity partner to average profit per partner to the top of equity
- showing the firms with the flattest and steepest equity structures.
In this issue of The Lawyer UK 100 Annual Report we are also publishing
our groundbreaking study of average profit for all partners (APP). The APP index
should be read in conjunction with the profit per equity partner (PEP) tables for a true view
of partner compensation. And throughout the report, and particularly in the opening pages,
we anatomise the performance of the increasingly powerful upper
mid-market firms - now dubbed the silver circle.
The magic circle: looking up
2005 has been a year of recovery all round. The biggest sighs of
relief were from magic circle partners. Average PEP for the big four
of Allen & Overy (A&O), Clifford Chance, Freshfields and Linklaters
was up a healthy 13.5 per cent from £630,000 to £713,000.
Average magic circle revenue per lawyer was up 1.4 per cent from
£353,000 to £358,000.
Meanwhile, the magic circle firms' war
on costs seems to be paying off. Average
cost per lawyer, meanwhile, was down from £234,000 to £230,000.
But forget the magic circle for now. They are too big and too far
away for other UK firms to have a serious hope of catching them.
Their combined revenues of £3.17bn dwarf the rest of the UK 100.
Their combined net profit of £1.112bn accounts for 37 per cent of
the UK 100 total net profit of £2.989bn. Their global battles are on
a completely different scale from the rest of the UK 100.
While the big four go galactic, the firms behind them are competing
in an entirely changed market. In any case, the tier beneath is the
most interesting because it has changed year by year.
Ten years ago the dominant firms outside the magic circle (which then firmly included
Slaughter and May, of which more later) were the chasing pack of Ashurst, Herbert Smith,
Lovells, Norton Rose and Simmons & Simmons. Of that five, only Herbert Smith still appears
in the top 10 in the PEP table. Ashurst is only slightly off the pace at thirteenth. Lovells' bad
year in 2005 saw its profits drop like a stone, while Norton Rose and Simmons are 20th and
28th respectively - and this has been a good year for Simmons, let's not forget.
So, the internationalist model has simply proved too unwieldy for many firms. Norton
Rose and Simmons waded into mud and got stuck. Denton Wilde Sapte (DWS) lost its way
completely. Even CMS Cameron McKenna, once seduced by the internationalist model, is
quietly refashioning itself into a UK practice with a strong European alliance.
While the internationalist firms have stuttered, the focus and the sheer ambition of a
handful of formerly sleepy mid-size firms has transformed the market.
As The Lawyer reported in its news pages this summer and last, the firms powering up the
profit and revenues tables are Berwin Leighton Paisner (BLP), Herbert Smith, Macfarlanes,
SJ Berwin and Travers Smith.
BLP and SJ Berwin show what a little bit of drive and a focus on core principles can do.
Macfarlanes and Travers Smith, meanwhile, have long pedigrees in the City - but never
underestimate the difficulty of maintaining that position. Look what happened to old City
blue-blood Stephenson Harwood, which 15 years ago was a top-drawer firm. It is now stripped of its elite pretensions and appears to be turning itself into a merger-friendly finance and
litigation outfit.
So what links them? Silver circle firms are content to advise a premium UK client base
rather than service global institutions. A lot of the work is private equity-dominated, but
there is a good amount of AIM business and a whole lot of real estate. It is sexy and it pays.
(By the way, there is something else that characterises these firms: a disdain for an overtly
managerial approach and a horrified avoidance of big firm bureaucracy.)
So it is our thesis that Slaughter and May straddles the magic circle and the silver
circle. Yes, it has the same international
kudos as the magic circle firms, it slugs it out
with Linklaters for control of the FTSE100
and sits at the apex of the City, but at base
it is not really fighting the same global battles
as the big four. Nearly 89 per cent of its
turnover is in London. Its best friends network
is a classically sunny Slaughters
approach to internationalism, compared with
the grim-faced global orthodoxy of the big
four. Its cultural and economic model is actually
closer to Macfarlanes' than Clifford
Chance's.
Ashurst is a late convert to the `smaller
is more beautiful' theory. Following two failed
US mergers, its only formal link is Washington
DC and New York boutique McKee Nelson
for structured finance transactions only.
At £567,000, Ashurst's PEP is the lowest of
the silver circle - recovering after the previous
year's disastrous figures of £521,000. Revenue
per lawyer was also up, from £318,000
to £328,000. Ashurst has actively managed
out a number of partners in the last two years,
which bespeaks a new rigour at Appold Street,
although cost per lawyer remained static at
£209,000. In the meantime, its remarkable
private equity franchise and its highly visible
roles on several headline public bids (ie
Morrisons-Safeway, Philip Green-M&S,
Deutsche Börse-London Stock Exchange) have
confirmed the firm's transactional status and
its membership of the silver circle.
Macfarlanes - Law Firm of the Year at
The Lawyer Awards back in 2000 - has never
faltered. Quite the reverse; it is now seen on
much larger public bids than its private
equity reputation would at first suggest. It
has consistently been in the top five PEP performers
among UK firms. This year it was
fourth, behind Slaughters, the anomalous
Dickson Minto and a resurgent Linklaters.
Its revenue shot up from £67m to £74m,
although revenue per lawyer actually
decreased from £353,000 to £344,000. However,
that was balanced by a reduction in
cost per lawyer, from £201,000 to £171,000.
Travers Smith's history, on the other
hand, is flecked with disappointment. With
50 per cent of its business corporate, it is simply
not as well hedged as other firms in the
silver circle. It had a stellar year, with deal
after deal after deal. But while it is the firm that most US firms would love to snap up, it
is oddly the most vulnerable of the silver circle
to a downturn. For the moment, the rise
in PEP from £415,000 to £575,000 underlines
its strong status in the City.
SJ Berwin has always produced a high
profit, but the last few years have not been
comfortable by its standards. 2004
(£510,000) and 2005 (£575,000) showed a
return to form. But revenue per lawyer (RPL)
is oddly weak at £290,000 compared with
last year's £321,000. That is partly because
of the integration of the lower-billing German
practice into the figures. The German
practice integration does not dilute end
profitability, though, because most of the
German partners do not hold equity. SJ
Berwin has clearly been working on its cost
management; cost per lawyer has dropped
from £217,000 in 2004 to a very lean
£181,000.
Straddling the silver circle and the
internationalists is Herbert Smith. Its
corporate business and profit profile puts it
neatly within this elite group, but its strategy
has been predicated on a large international
offering, not least through its formal
and branded alliance with Gleiss Lutz and
Stibbe. Like the other silver circle members,
it had a good year. Revenue per lawyer rose
from £290,000 to £332,000, but cost per
lawyer rose from £197,000 to £216,000. But
that rise in cost base did not show in its profits:
net profit was up from £78m to £92.9m
and PEP was up 15 per cent, from £700,000
to £808,000. That profit jump would simply
not be possible if it took on the true overheads
of the German and Dutch practices,
but Herbert Smith still hankers after acting
for global institutions which demand
multijurisdictional coverage. It is a tricky
balance.
Berwin Leighton Paisner is moving
up from the UK independent mid-tier to gain
a foothold in this new elite grouping. It is
not quite well enough established to merit
full membership and is still in growth mode.
Also, its RPL is a respectable £309,000, but is
the same as last year, suggesting that its 19
per cent rise from £102m in 2004 to £121m
is generated by more bodies. But like other
firms in the silver circle, to which BLP aspires,
it has good control of its costs base. CPL fell
from £236,000 to £215,000. Its profile increasingly
matches the other silver circle firms. It
boasts one of the best management teams in the City and an entrepreneurial, unbureaucratic culture. What is more, it has a well-hedged
business - corporate, real estate and a very neat restructuring practice - and is probably a lot
more stable than Travers. The danger to BLP may actually be more cultural than economic.
Its seemingly unstoppable growth has raised many expectations internally, and a significant
portion of the partnership has been hired in laterally. This is not necessarily unstable -
Ashurst's growth has been propelled partly by laterals as well, contrary to popular belief -
but BLP's watchword has been forward movement. Consolidation may be more difficult to
cope with.
Who's next?
The next question, of course, is which firms will be the next to join the silver circle. There
is a good case for Clyde & Co, the king of EC3, although its global spread suggests that its
natural home is among the internationalists.
Ditto very much for DLA Piper Rudnick Gray Cary, the law firm to have defined the
first half of this decade. It has moved from the national to the international multi-office
model without sacrificing profit, although the adjusted average earnings per partner (see
page 11) of £311,000 shows that the tiny equity partnership has helped its figures. Given its
trajectory so far, it is unlikely to adopt a Macfarlanes model - but its business vim could
bring some respectability back to the internationalist camp, which is currently inhabited by
a set of law firms wrestling with strategic and economic issues.
CMS Cameron McKenna is another example to ponder. Having set its stall out in the
late 1990s as an international alternative to the magic circle, it has in the last five years
sloughed off its Central Asia, Hong Kong and Washington DC offices. Its only organic overseas
presence is in the emerging markets of Central and Eastern Europe - dovetailing nicely with
its projects practice, for example. Its international offering is through the CMS alliance,
which puts it nearer a Herbert Smith model than it is to Simmons, say. Although its drop in
turnover was partly attributed to accounting changes, its RPL dipped alarmingly from £301,000
to £266,000.
Mayer Brown Rowe & Maw (MBR&M) also sits between the UK mid-sizers and the
internationalists. Yes, it has global reach through the Mayer Brown merger, but unlike Dechert
or Jones Day, the UK office has crucially maintained not only its own cultural identity but
also a distinctive UK corporate client base.
Taylor Wessing also sits in the same position, but through a German rather than US
merger. However, its international investment and European management structure is much
more coherent than many of the internationalist firms'.
There are fewer truly UK-focused firms that are credible contenders for the silver circle
over the next few years. Wragge & Co has wobbled a little in recent times, but has returned
to form with a PEP figure of £307,000. That said, its opening in London may prove to have
been too little, too late.
Addleshaw Goddard, through its takeover of Theodore Goddard, is a good bet - and
probably the smartest merger in recent times. In the last five years its average PEP has increased
an astonishing 68 per cent from £240,000 in 2001 (the Addleshaws PEP prior to its takeover
of Theodore Goddard) to £404,000 in 2005. Expect it to follow the BLP route into the silver
circle before too long.
Another outside bet is Nabarro Nathanson. Yes, it still needs a more visible City
corporate practice, but the base is strong. Similarly, Olswang, which has refashioned itself
from being a media boutique to being real estate, corporate and litigation-led. Small wonder
it was an attractive alliance partner for US giant Greenberg Traurig.
The reconfiguration of the UK's upper mid-market is an ongoing process. What distinguishes
the best of the firms is the determination to get things right at home. In a few years'
time, some of them may well have to expand more internationally. But their positions at
home gives them time, money and - guess what? - a lot of clout with potential US merger
partners.
But beware. Gouldens - now Jones Day - could have merited a foothold in the silver
circle. But when Jones Day came calling, Gouldens' hard-won City culture just disappeared.
Membership of the silver circle is not neccessarily for life.
Better figures through better cost management
:
- Average PEP for magic circle was up 13.1 per
cent to £713,000 from £630,000 in 2004
- Average PEP for top 50 was up 10.6 per cent
to £431,000 from £390,000 in 2004
- Average PEP for top 100 was up 10.5 per
cent to £343,000 from £311,000 in 2004
- Average RPL for magic circle was up only
1.3 per cent to £358,000 compared to
£353,000 in 2004
- Average RPL for top 50 was up 2 per cent to
£270,000 compared to £263,000 in 2004
- Average RPL for top 100 was up 0.4 per cent
to £233,000 compared to £232,000 in 2004
- Average CPL for magic circle was down
1.7 per cent to £230,600 compared to
£234,600 in 2004
- Average CPL for top 50 was down 1.2 per
cent to 184,300 compared to £186,500
in 2004
- Average CPL for top 100 was up 0.3 per cent
to £168,100 compared to £167,600 in 2004
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