1. the legal profession
a strategic
landscape
VIEWS FROM THE FRINGE
Michael Nicell, Griffith College Dublin
IAM Conference - September 2014

2. strategy and the professional ethic
1. what perspectives and priorities prevail?
2. what are their causes and implications?
3. is there potential for improvement?
Michael Nicell - IAM Conference 2014
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3. discoveries
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4. narrative summary
Michael Nicell - IAM Conference 2014
BACKGROUND
• challenges
• literature and
limitations
RESEARCH
• conceptual
framework
• policy delphi
stages
• data collection
FINDINGS
• despair
• hope
THOUGHTS
• contributions
• implications
• recommendations
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5. professional problems
Michael Nicell - IAM Conference 2014
Intangibles
Managerialism
Identity and
conduct
Tangibles
Downward
pressure on
fees
Rationalisation
and mergers
Regulation
Self-governance
Insurance and
risk
International
Ownership
and
incorporation
Virtualisation
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6. 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
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LIMITATIONS
• Descriptive
• Data sources
• Composition
• Constrained by existing models
• Relevance to Ireland
Michael Nicell - IAM Conference 2014

7. Michael Nicell - IAM Conference 2014
DEMANDS
CONSTRAINTS
CHOICES
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conceptual framework

8. conceptual framework
PURPOSE
PROCESS
CONTENT
CONTEXT
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9. policy delphi: research stages
SURVEY STRATEGIC
LANDSCAPE
Michael Nicell - IAM Conference 2014
PERSPECTIVES
AND PRIORITIES
QUESTIONNAIRE VIEWS FROM
THE FRINGE
CAUSES AND
IMPLICATIONS
INTERVIEWS BILATERAL
SOLUTIONS
POTENTIAL FOR
IMPROVEMENT
QUASI-JUDICIAL EXPERT
OVERSIGHT
QUALITY AND
RELEVANCE
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10. survey design
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11. survey participants .
(male) (female)
(law firm) (state/inhouse)
(1-3) (30+)
Michael Nicell - IAM Conference 2014
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
(4-29 F/E)
(juniors) (owners)
(10-15 years)
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13. findings
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14. economic imperative 2
societal imperative 1
PROFITABILITY
“If your goal is anything but
profitability ... you'll hit problems.”
16 32 4 4 8 10
• - 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
17 30 9 1 12 5
16 22 7 7 16 6
Desirable Feasible Appropriate
absolutely strongly slightly slightly strongly absolutely
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finding 1

15. 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”
Michael Nicell - IAM Conference 2014 15
finding 1

16. Michael Nicell - IAM Conference 2014 16

17. strategy is for other people
Michael Nicell - IAM Conference 2014
Process
Analysis
Deliberateness
Evolution
Content
Resources
Responsiveness
Cooperation
Context
Compliance
Control
Local
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finding 2

18. strategy is for other people
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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
Reactor Analyzer

19. Michael Nicell - IAM Conference 2014
one size fits one
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finding 3

20. 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.“

21. 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

22. 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

23. the value proposition
CONTRIBUTIONS
• framework for analysis
• explores professional ethic
• insights into firm dynamics
LIMITATIONS
• central conceit
• generalisability
• untapped potential
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24. 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
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25. Michael Nicell
Phone: +353 (0) 86 816 4297
Email: michael@nicell.com
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thank you