There are a small number of key
strategic questions which any
firm must be prepared to discuss,
honestly and objectively, if it is to best
equip itself to address future opportunities
and mitigate threats. This will mean
engaging in a partnership-level dialogue,
which will be uncomfortable for many
and threatening for some. It has been my
experience that the very best firms have
one common characteristic – they have
an unwavering focus; they know what they
are in business to do and what not to do.
Absolute clarity of purpose drives
decision making and ensures that
investment is targeted. Clients have a clear
understanding of the value proposition
and the firm is able to develop a business
model which is wholly aligned with its
core purpose, rather than having a series
of compromises to accommodate the
contradictory needs of diverse bedfellows.
In short, the decision to focus in itself
brings competitive advantage over more
diffused competitors.
Focus in practice
Focus can mean many things – it may
suggest a particular segment of the market,
a specific set of practice areas, a group
of industry sectors, a certain geography,
targeted types of client, a unique business
model or a cohesive combination of a
number of these components.
Greater focus can mean different
things in practice. Take, for example, a firm
which decides to focus on the defendant
insurance market. It would need to have
certain characteristics and to develop a
number of core competencies in order
to succeed. In addition to legal skills
across core disciplines, it would also need
strong process and project management
capabilities, as well as IT infrastructure
that supports lower-priced, lower-margin,
process-rich work.
The firm would likely need a lower
proportion of owners (i.e. equity partners or external investors) and a higher proportion
of non-solicitor fee earners. A need to
reduce the cost of production would also
imply lower-cost locations, thus defining a
geographic footprint which flows logically
from the decision to focus. A smaller
number of high-value clients would mean
that business development is based heavily
on key client management and retention.
Achieving consensus
In order to arrive at a consensus on the
future trajectory of the firm within the
leadership team, there are a relatively small
number of ‘big questions’ that need to be
considered.
Some of these, quite naturally, relate
to external factors – clients, markets,
a changing economy, demographic and
societal shifts, together with the actions
of current competitors and threats posed
by those newly emerging.
There are issues that every firm needs
to discuss and decide upon which are
closer to home, relating to the firm’s
competencies and capabilities, together
with the aspirations of the partners
themselves. It is only by developing a
clear understanding of where the firm is
trying to navigate in the longer term, and
by working through the implications of
such a decision, that the levels of focus
can be articulated.
This means better understanding
the markets in which the firm can best
compete in order to create a sustainable
and profitable future. To do this, it will need
to understand what key value-creating
activities are involved in such markets and
how the firm can perform better than the competition in areas most important
to the client constituencies that are
being targeted.
This, in turn, leads to an assessment
of current resources (which encompass,
for example, legal skills, business
processes, financial management, client
relationships, technological competence,
facilities and geographic footprint), as well
as the identification of new assets that will
need to be developed or acquired in order
to compete.
Such an assessment must also be
contextual, and so a clear understanding
of the external environmental factors that
affect the firm’s ability to compete will be
required. These could be macro factors
driven by economic changes (to which the
firm will need to respond) or more micro
in nature (for example, the ability to attract
and retain the staff that will be required
to forge the future shape of the firm). A
sensible strategy would also look at key
risks and conduct a sensitivity analysis
to assess levels of business exposure to
such factors beyond the control of the firm,
including how such risks might be hedged.
All of this will be fundamentally driven
by the values, expectations and ambitions
of those with power in and around the
firm. Without a leadership team prepared
to take difficult decisions and to drive
the firm to a different future, the other
big questions become meaningless
or tangential.
For many leaders, creating this
clear and unified view, together with
addressing the consequences of such
a focus, is the single biggest opportunity
and challenge they face. It is the elephant
in the room which needs to be addressed
in order to bring clarity and purpose to
the business.