Any merger should seek to
build a sustainable competitive
advantage. What this means in
practice is that vision is needed to create a
client proposition which is more compelling
than either firm could offer before and,
crucially, better than other firms competing
for the same work.
A characteristic of the newly-emerging
legal services market is a simultaneous
trend towards consolidation and
specialisation. As well as getting larger,
firms are also becoming much more
focused in their objectives, strategies
and implementation.
The market opportunities for the
smaller, generalist practice are limited.
There will still, of course, be a requirement
for such firms in places that are
geographically isolated, where the service
has to be delivered face to face and where
the risks of using a generalist rather than
a specialist firm are judged reasonable.
However, this is a fast-shrinking market,
presenting few options to firms with
growth ambitions.
A feature of successful mergers, when
viewed through the eyes of the strategist,
is a desire to dominate a specific market
space. This market space may be defined
by geography, sector, client type, practice
area or a combination of these, but clarity
is vital. Simply getting bigger without an
overriding strategic purpose will not deliver
commercial benefits and may well create
significant difficulties.
One way of ensuring that any merger
delivers sustainable competitive advantage
is to view the deal through the eyes of the
client and assess ways in which the new
firm’s value proposition will be enhanced.
This means, of course, understanding
which aspects of the firm’s service mix are
most important to its target client groups.
It is by demonstrating that the merger
offers specific advantages to these types
of clients that a step change in market
position can be realised. This will be achieved by enhancing the offer of both
legacy firms and creating new areas of
value which neither could historically
offer. By showing increased coverage,
capabilities and capacity that are
relevant to the client, combined with an
improvement in overall brand awareness,
the new firm will be repositioned in the
mind of the client.
It should also be possible to look more
closely at the small number of clients
which will be of particular importance
to the firm in the period immediately following merger. These will be the clients
that present significant opportunities for
revenue development. An excellent earlystage
initiative for any newly-merged firm is
a key client programme.
This may serve a number of purposes.
In some cases, the new firm will be
better able to meet a client’s existing
requirements with a greater geographic
footprint because, with a greater depth
of resources, the client feels comfortable
allocating a larger share of work to the
firm. In other instances, opportunities will
arise because the new firm is able to offer
a broader range of services, creating the
potential to service key clients across a
wider set of practice areas.
It is also crucial that any post-merger
key client initiative is used as a Trojan
horse opportunity to promote integration.
By assembling a team from across the
firm, drawing on a broad college of
expertise, the new firm can encourage
collaboration and communication at the
earliest possible opportunity.
By sharing knowledge, the combined
team will be better able to understand
the current relationship and dissect the
business mix. This will allow a plan to
be developed which exploits the client
development opportunities that are
uncovered by leveraging the capabilities of
the new firm.
At the same time, it is important to
ensure enthusiasm is balanced with realism.
It should never be forgotten that, even
with a new array of resources and talent,
the firm will almost certainly be attempting
to displace a well-ensconced incumbent.
How can a proposition be developed and
communicated that will encourage the client
to consider moving this work?
For any merger to succeed, clients
should sit at the centre of the management
team’s thinking – clients that each firm has
historically served and those which the new
firm wishes to focus upon in the future. It is
vital to see the world through the eyes of
the client and to shape the firm to deliver
distinctive value in a way that is sustainable
and profitable.
The danger that must be avoided is
that the merger is assembled solely on the
basis of internal cost efficiencies, overhead
consolidation and reduction of the partner
base. That is not to say that these are not
important considerations, but rather that they
should not be the dominant ones. Most of
these factors form part of the transition plan
and offer one-off benefits, but they do not
change the fundamental competitive position
of the firm. Longer-term success is achieved
by adopting an external orientation, which is
client centric.
In simple terms, if there is nothing in the
merger to excite and entice the client, there
is little chance that growth will be achieved.
Without growth, stagnation becomes
inevitable, along with the firm’s ultimate
demise. A strong client rationale must sit at
the centre of any merger proposition.