BTI Litigation Outlook 2019: Changes, Trends and Opportunities for Law Firms - Executive Summary

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BTI Litigation Outlook 2019:
Changes, Trends and Opportunities for Law Firms
0
Executive Summary

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Litigation Spending to Hit a New High:
Increased Complexity and Volume Drive Growth
The litigation market is seeing a resurgence. Companies are managing
more matters than last year and spending is expected to hit an all-time
high in 2019.
Legal decision makers are on the hunt for new law firms to help manage litigation.
Firms currently on their legal rosters aren’t making the cut, so clients are auditioning
new law firms to take their place. What are clients seeking? The best. The best
results, the best expertise, the best value, and the best client service. Firms not
delivering on each of these elements will be passed over for someone else.
BTI’s 8th annual series on trends in the litigation market uncovers how client
behavior—and spending—is changing in 2019. BTI’s Litigation Outlook will help you
identify clients’ newest needs and help you meet these needs before your
competitors realize there’s new work for the taking.
6 Trends Shaping Litigation in 2019 | 2
Litigation Forecast 2019 | 4
Industry Assessment for 2019 | 7
How Clients Use Law Firms for Litigation | 10
Litigation Powerhouses:
Law Firms Leading the Litigation Market | 11
About BTI | 12
Methodology | 21
BTI Litigation Outlook 2019

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6 Trends Shaping
Litigation in 2019
1. Litigation matters increased by 9.5% in 2018; expected to grow
another 6%
2. Clients face more than twice as many high-stakes matters than
last year
3. All 6 major segments of litigation are set to see increases
4. Increased complexity is slowing settlement rates―which
increases spending
5. Clients plan to add $2.5 billion to litigation spending
6. Clients plan to cut law firm rosters after trying 5 new firms
in 2018

3
For detailed trend analysis,
order BTI Litigation Outlook 2019 here…

4
Litigation Forecast 2019
OPPORTUNITY ROADMAP

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How to Use BTI’s Litigation Forecast 2019
Identify Growing (and Shrinking) Market Segments
Vertical axis measures 2019 growth potential
• Practices above the projected average growth line
will grow faster than the overall market
• Practices below the growth line are growing slower
than the market
Pinpoint Premium Rate Opportunities
Horizontal axis identifies relative average rates
• Practices on the right side of the chart garner higher
average hourly rates
• Practices on the left side of the chart experience
greater rate pressure
Understand Extent of Opportunities
Bubble size measures market size
• The size of each practice bubble measures the total
corporate counsel spending in the litigation segment
= $1 Billion Market Opportunity
PROJECTED GROWTH LINE
Higher Growth
Lower Rates
Higher Growth
Higher Rates
Lower Growth
Higher Rates
Lower Growth
Lower Rates

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4.0% PROJECTED
MARKET
GROWTH
Commercial
Litigation
Employment
Litigation
Product Liability
Litigation
IP Litigation
Class Actions
Securities and Finance
Litigation
RATE
PRESSURE
= $1 Billion Market Opportunity
PREMIUM
RATES
MARKET RATES
GROWTHPROSPECTS
HIGHER
GROWTH
NEGATIVE
GROWTH
TACTICAL PRACTICES PRIORITY PRACTICES
OPPORTUNISTIC PRACTICESCORNERSTONE PRACTICES
BTI’s Litigation Forecast 2019
For complete access to the
BTI Litigation Forecast
and Recommendations on how
to prepare for the changes ahead
in 6 types of litigation order
BTI Litigation Outlook 2019 here…

7
Industry Assessment for 2019
BTI OPPORTUNITY ZONE

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How to Use BTI’s Opportunity Zone Chart
BTI Hot Opportunities
The intersection of industries and litigation segments
tagged for prime growth and higher-than-market rates
Market Neutral
expected to see average or neutral growth
Pressure Points
expected to experience price sensitivity or pushback
The BTI Opportunity Zone chart is a comprehensive look at growth prospects by cross section of industry and litigation segments. This chart is your
roadmap for understanding how different client organizations will react to service offerings and rates in the upcoming year. Use this guide to better
leverage resources, assemble right-sized pricing structures, and target hot opportunities.

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BTI Opportunity Zones 2019: Opportunities by Industry and Litigation Segment
IP Litigation Class Actions
Securities and
Finance Litigation
Commercial
Litigation
Employment
Litigation
Product Liability
Litigation
Banking
Chemicals
Consumer Goods
Energy
Financial Services
Food
Health Care
High Tech
Insurance
Manufacturing
Pharmaceuticals
Professional Services
Retail Trade
Telecom
Transportation
Utilities
Wholesale Trade
BTI Hot Opportunity:
Higher Need, Higher Rates
Pressure Point:
Pressure on Rates
Market Neutral
For complete access to the
BTI Opportunity Zones, order

10
How Clients Use Law Firms for Litigation
TRENDS AND LAW FIRM LEADERS

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Litigation Powerhouses:
Law Firms Leading the Litigation Market
As litigation (of all types) continues to become more complex, corporate counsel turn to law
firms they know and trust—and can sell to their leadership with little debate. The firms on the
following pages are the ones corporate counsel tell us they are currently turning to for their
most pressing litigation needs.
If your firm is among these elite, and stands out among the 650 firms serving large clients,
congratulations are in order—but BTI urges you to quickly plan for how you intend to protect
this position from those looking to unseat you in the upcoming year.
IP Litigation
Class Actions
Securities and Finance Litigation
Complex Employment Litigation
Employment Litigation
Product Liability Litigation
Complex Commercial Litigation
Commercial Litigation
The BTI Fearsome Foursome
For complete access
to the firms named
BTI Litigation Powerhouses order

12
About The BTI Consulting Group
HOW WE CAN HELP YOUR FIRM

13
Who We Are
For details on how to
FUEL PROFITS through
Clientelligence®
see page 17
BTI conducts more independent and custom-commissioned research on
client service performance than virtually anyone.
Our goal is to help our clients improve client focus, improve performance, and grow.
We benchmark how Fortune 1000 companies buy, how professional services firms sell, and how to
manage service provider performance. Through more than 14,000 independent interviews with C-level
executives and systematic analysis, BTI has helped professionals boost client service for over 25 years.
BTI examines the market from the client’s perspective.
Our proprietary methods include open-ended interviews with high-level executives and decision makers,
carried out by highly trained senior interviewers. These are not to be confused with check-off-the-box
surveys. Our reports and findings are based on what your clients and users say: We don’t put words in
their mouths and we don’t look to third parties to report what your clients are saying.
BTI is the leading provider of strategic, client-based research to the legal
community.
BTI has helped more than 250 law firms and professional services firms improve client service through
compelling research and advice. We conduct the only continuous benchmarking market study in the legal
services industry, now in its 19th year.
Clients use BTI’s insightful, custom client feedback surveys to drive change,
create urgency, and substantially boost performance.
For details on how to
DRIVE GROWTH with
Client Feedback
see page 14

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Please contact Michael B. Rynowecer at
+1 617 439 0333 or mrynowecer@bticonsulting.com
to learn more about BTI’s custom research & services.
Only BTI can help you immediately drive growth, profits, and increase
retention through high-impact client feedback.
BTI research shows strategic use of in-depth client feedback translates
into:
• 33% higher profits
• 19.5% rate premiums across all staffing levels
• 2x the fees from a single client
• 33% higher client retention
BTI works directly with you to design a custom client feedback program
to drive new business. Start now.
Drive Profits and Growth
Conduct Your Client Feedback with BTI

15
These insights from BTI Litigation Outlook are the first step in learning how to profit from the changes in
the litigation market.
Now what? BTI’s customized client feedback programs give you an unparalleled opportunity to ask the questions no
one else does to get the answers no one else knows—directly from your clients. With custom client feedback you can:
● Learn Precisely What Clients Need from Your Litigation Department
● Drive Growth with Each Client
● Gain Access to Higher-Rate Work
● Discover a Path to Dramatically More Work
● Enjoy Higher Rates
● Improve Client Retention
BTI has helped professional services firms boost client service—for 29 years.
BTI is the leading provider of strategic research to the legal community—performing more client and market research
about law firms than virtually anyone. BTI has helped more than 250 law firms and professional services firms improve
client service through compelling research and advice. We conduct the only continuous benchmarking market study in
the legal services industry, now in its 19th year, offering you an unmatched window into the market and your clients.
Please contact Michael B. Rynowecer, BTI President, at +1 617 439 0333 or
at mrynowecer@bticonsulting.com with your questions, thoughts, and comments,
or to learn more about BTI’s custom client research and services.
BTI Jumpstarts Your Firm’s Litigation Results

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Clientelligence
IMMEDIATELY FUEL GROWTH AND PROFITS
Pinpoint your strengths—and weaknesses—
in the activities proven to drive growth
THE 17 ACTIVITIES DRIVING GROWTH
Quadrant I: Relationship Bliss
1. Commitment to help
2. Client focus
3. Understanding the client’s business
4. Providing value for the dollar
Quadrant II: Price of Admission
5. Legal skills
6. Quality
7. Meeting core scope
8. Keeping clients informed
9. Dealing with unexpected changes
10. Handling problems
Quadrant III: Relationship Builders
11. Breadth of services
12. Helping advise on business issues
13. Regional reputation
14. Unprompted communication
15. Bringing together resources
Quadrant IV: Business Magnets
16. Anticipating the client’s needs
17. Innovative approach
BTI’s more than 25 years of research pinpoint the 17 activities responsible
for driving the absolute best client relationships. In essence, they are how
clients define client service excellence and what clients expect out of the
firms with whom they have the best relationships. The best-in-class
performances in these activities are proven to drive superior financial
performance.
There’s only 1 way to determine if you are hitting the best-in-class
threshold: Ask.
Client feedback allows you to unequivocally pinpoint where you are
excelling and where you need systematic improvements in your
relationships.
The best feedback initiatives not only assess how you and your firm
perform, but also look at the performance of the competitors also serving
your clients. At the end of the day, what does it matter if a client thinks
you are doing great, if a competitor is doing better?
LEARN MORE ABOUT THE 17 ACTIVITIES AND
BTI’S BEST-SELLING BOOK: CLIENTELLIGENCE:
HOW SUPERIOR CLIENT RELATIONSHIPS
FUEL GROWTH AND PROFITS
www.bticonsulting.com/17

17
BUSINESS DEVELOPMENT
BTI looks at PERFORMANCE in new ways—driving adoption
of new tactics and better results.
 Strategic Business Planning
 Client-focused Business Practices
 Custom Training
Please contact Michael B. Rynowecer at
+1 617 439 0333 or mrynowecer@bticonsulting.com
to learn more about BTI’s custom research & services.
MARKET ASSESSMENT
Establish a DIFFERENTIATED position—with less risk, lower
costs, and a greater chance of success.
 Brand Health & Market Awareness Studies
 New Market Entry Assessments
STRATEGIC PLANNING
Assess your options to find the GROWTH best suited to your
firm: from least risk to highest return and anything in
between.
 Financial and Market Performance
 Competitive Analysis
CLIENT INSIGHT BRIEFINGS
Tailored to your firm and chock full of CLIENT-BASED
insights, perspectives and facts, BTI briefings draw from our
research and experience to help you boost client
satisfaction, increase client retention, and improve your
performance.
We can design our briefing to include specific feedback on
your firm. Offered both in person and via the web.
USE BTI’S SERVICES AND RESEARCH TO:
Drive new business immediately
Keep competitors out of your client base
Find your strengths…and weaknesses
Learn what clients really want from you
Additional Services to Help Our Clients
BTI PROVIDES A BROAD RANGE OF SERVICES FOR OUR CLIENTS, INCLUDING:

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Train Attorneys • Guide Business Development • Inform Strategy • Calibrate Market Trends Against Firm Tactics
BTI Research and Publications
ADDITIONAL DATA AND INSIGHTS
BTI Practice Outlook 2019 – to be released November 2018
BTI’s Practice Outlook outlines how clients are changing their spending and use of law firms—by practice—in
2018. Learn how to use the distinctive characteristics of 17 different practice areas to target the best
opportunities for your firm and beat out competitors.
BTI Client Service A-Team 2019 – to be released December 2018
17 activities drive superior client relationships. 4 matter most. Discover how clients rate more than 300 law
firms—by name—in these key activities, including Client Focus, Commitment to Help, Legal Skills, and
Provides Value for the Dollar.
BTI Legal Innovation and Technology Outlook 2019
BTI’s Legal Innovation and Technology Outlook 2019 is your roadmap to define your strategy, anticipate client
needs and boost client retention. This is the only place to get all the details on law firm innovation and
technology from the source—your clients.
BTI Client Service All-Stars 2018
326 attorneys step up to meet—and exceed—clients’ expectations and earn recognition, by name,
from corporate counsel for delivering the absolute best client service.
You can order these and the full line-up of
compelling BTI research and reports at www.bticonsulting.com.

19
This copy of BTI Litigation Outlook 2019 is licensed to you for private, noncommercial use
for internal, company purposes. No portion of this information may be copied or
transmitted in any form, shape or manner without the prior written consent of The BTI
Consulting Group, Inc., of Wellesley, MA. Any violation of this license may be punishable by
applicable federal statutes and subject the user to additional and compensatory licensing
fees. Copyright ©The BTI Consulting Group, Inc., 2018.
Address any questions to:
The BTI Consulting Group, Inc.
396 Washington Street, Suite 314
Wellesley, MA 02481
+1 617 439 0333
Terms of Use

20
Contact BTI
Questions? Research inquiries? Interested in becoming a BTI Client?
For more information on BTI’s research, seminars, training, or workshops,
please call:
+1 617 439 0333
Email Michael B. Rynowecer, BTI President, directly at:
mrynowecer@bticonsulting.com
Email Jennifer Dezso, BTI Principal, directly at:
jdezso@bticonsulting.com
Reach BTI on the web at:
www.bticonsulting.com
Read The Mad Clientist—BTI’s blog at:
www.bticonsulting.com/themadclientist

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Methodology
INDEPENDENT, UNBIASED RESEARCH, BASED SOLELY ON CLIENT FEEDBACK

22
Methodology and Approach
INDEPENDENT, UNBIASED RESEARCH, BASED SOLELY ON CLIENT FEEDBACK
2019 Survey Participant Demographics
More than 350 in-depth telephone interviewsInterviews
Conducted between January 11, 2018 and
August 28, 2018
Time Frame
Respondents receive a complimentary report
of legal benchmarks and metrics
Incentives
OVERVIEW
$21.8 billion
$9.1 billion
Average Revenue Median Revenue
ORGANIZATIONS WITH HIGHEST LEVELS OF LEGAL SPENDING
REPRESENTATIVE
OF MORE THAN 15
INDUSTRY SEGMENTS
Banking
Chemicals
Consumer Goods
Energy
Financial Services
Food & Agriculture
Health Care
High Tech
Insurance
Investment Banks
Manufacturing
Pharmaceuticals
Professional Services
Retail Trade
Telecom
Transportation
Wholesale Trade
BTI Litigation Outlook 2019 is based solely on
in-depth telephone interviews with leading
legal decision makers. This comprehensive
analysis trends data from more than 5,100
corporate counsel client interviews conducted
over the span of 19 years.
This research is independent and unbiased—
no law firm or organization other than BTI
sponsors this study.
Each year, BTI reaches out to a strategically
designed group of top legal decision makers at
large organizations with $1 billion or more in
revenue. We target the decision makers in the
industries who spend the most on legal affairs
as well as thought leaders and innovative Chief
Legal Officers. Our survey also includes Chief
Legal Operating Officers and business
executives who hire and influence the
selection and hiring of law firms.
Participants are granted confidentiality at the
individual and organizational level.
• Head of Litigation
• Chief and Vice President of Litigation
• General Counsel/Chief Legal Officer
• Direct report to General Counsel
LEGAL DECISION MAKERS RESPONSIBLE FOR LITIGATION

BTI Litigation Outlook 2019: Changes, Trends and Opportunities for Law Firms - Executive Summary

BTI Litigation Outlook 2019: Changes, Trends and Opportunities for Law Firms - Executive Summary

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