The manner in which the leadership
team engages, communicates and
builds consensus with its wider
partner group is one of the most important
opportunities and challenges in any
merger. Without a strong collective will,
focused on achieving a positive result and
overcoming the inevitable challenges that
will be encountered, any merger becomes
significantly more difficult.
But what does this mean in practice?
How can you move your firm towards
its longer term vision, while building and
maintaining strong consensus within the
key partner group?
In most cases there will be a tension.
There will be an urge to move quickly,
to build momentum and capitalise on
opportunities. Set against this may be
a strong desire to retain and build
positive elements of firm culture,
suggesting perhaps a more incremental,
slower process.
While a strategy based on merger
allows for rapid business building, it runs
the risk of disenfranchising existing partners
if not handled correctly. This is because
it generally requires clear, determined
management combined with high levels
of devolved executive decision-making in
order to maximise its chances of success.
Such devolution of executive power
often creates stresses within a partnership
culture. While partners as a group must
have high levels of confidence in the
management team to make ‘the right
strategic plays’, this does not obviate their
personal desire to be engaged in the
process. This extends both to creating and
understanding the firm’s overall strategic
route map and endorsing key decisions
relating to any merger.
Getting partner engagement right is
therefore something that requires careful
thought and planning, since it is of critical
importance to both long and short-term
success. It is paramount that the partner
group receives appropriate communications and interactions if the management team
is to avoid any accusations of sidelining or
steamrolling. Engagement also, of course,
generates enthusiasm to capitalise on the
opportunities that the merger will create.
It is not enough for the leadership team
to state at the outset of a strategy briefing
that “the pursuit of merger opportunities
will form part of our growth plan” and then,
following a period of radio silence, present
partners with a fait accompli proposal.
Even the most emotionally unintelligent will
see that such tactics will make any partner
vote challenging at best and impossible in
many cases.
What this means in practice is that
a strategy founded on merger-based
growth needs to be framed within a
broader approach to managing the
partner base, setting expectations and
communicating openly and frequently.
It should be expected, and quite
logical, that partners will be brought into
the inner circle and introduced to a merger
candidate on the basis of their own roles.
It would follow that those with senior
management responsibility, key influencers
or those running practice groups most
directly impacted by a merger would have
knowledge of discussions in advance of
the wider partner base and form part of the
validation process.
The detailed framework adopted
will also, quite naturally, differ according
to the firm’s pre-existing culture and its
number of partners. A large partnership
presents quite different management and
communication challenges to a small one.
In the former case, there is likely to
already be an accepted corporate style of
management; partner expectations will thus
be set accordingly. By contrast, a smaller
partnership can be more challenging;
partners may have high expectations which
require individual knowledge of everything
that is being contemplated. In such an
environment, it may prove difficult – if not
impossible – to keep a potential merger
confidential from some partners while
involving others. The risk of distraction
and internecine conflict in such cases
is high.
A structured approach would
make clear to the partnership at which
stages of any merger negotiation they
would receive communications to notify
them of a possible union, to update
them on progress, likely next steps and
projected timescales.
Even with a strong desire for
transparency, it would be neither prudent
nor practical to recount every conversation,
exploratory discussion, early stage
negotiation or piece of preliminary due
diligence that a firm might enter into with
a range of prospective merger candidates.
Any potential union needs to reach an
appropriate stage of gestation before it is
communicated more widely.
It will be quite natural for a number
of partners to have personal concerns
that transcend any firm strategy or
compelling business case. These should
be identifiable in advance and proactive
steps taken either to allay personal fears
or to explain the impact of change on that
individual. Allowing a communications
vacuum is never the correct approach; this
creates unhelpful assumptions and a belief
that the worst possible scenario that can
be envisaged is that which is planned.
There should be a robust plan and
cascade for partner engagement and
communication. Clear protocols, with
well-defined trigger points and a range
of scenarios, allow the leadership team
to maintain good levels of management
control, while responding to the
understandable information needs of the
wider partnership, both as ‘shareholders’
and ‘workers’ in the firm.