This question, or versions of it, is notoriously popular on vacation scheme and training contract applications.
A full answer requires an understanding of the internal networks of the City and an appreciation of the role lawyers play in relation to other commercial actors. In essence, it tests a student’s possession of commercial awareness, an essential quality for accessing City firms.
To provide a full answer, we must first set the scene of the current legal market, acknowledging the changes affecting both the legal industry and commercial organisations.
Each external factor shapes the key issues facing City firms and points towards potential business model solutions, making these contextual considerations essential.
- The Legal Services Act 2007: The monopoly lawyers once held over legal services has ended. The Act introduced new providers into the market, expanding client choice and increasing competition. Clients now possess greater bargaining power.
Many analysts predict that the pressure created by the Act will be felt most acutely at the lower end of the market, affecting high‑street and smaller firms. City firms, however, are less likely to be significantly affected, as their expertise and reputation continue to attract major clients.
- The legal process outsourcing model: The delivery of legal services has shifted through the outsourcing of routine legal work to external vendors, either overseas or domestically. This reduces costs, increases flexibility and allows firms to expand their in‑house capabilities.
- The socio‑economic climate: Even City firms felt the repercussions of the 2008 financial crisis. In June 2013, the Solicitors Regulation Authority announced that it was monitoring the finances of thirty top‑two‑hundred firms at risk of failure. Smaller firms have merged to survive.
In a difficult financial climate with uncertain growth, competition for clients intensifies as clients themselves face pressure to reduce legal budgets. However, the downturn has also created opportunities. While banking sectors may struggle, bankruptcy and insolvency lawyers often experience increased demand.
- The increase in qualified lawyers in emerging economies: When firms and clients focus on cost‑cutting, securing and retaining the best talent becomes essential. Many City firms have international reach, and employing qualified lawyers in emerging markets, with knowledge of local industries, is a strategic advantage.
- Social Networking and Technology: Technological advancement has transformed City firms. It has changed how students search for jobs and network, while offering firms new ways to recruit, market their brand and interact with clients.
Drawing on this context, what key issues are facing City firms?
- Increased client demands: Clients expect more for less. Meeting the demands of global clients is essential to prevent them from turning to competitors.
- Client retention: With increased bargaining power, clients can compare similar firms for the best deal. To grow market share, City firms must compete for more work from existing clients at competitive prices.
- Globalisation: Global City firms have erased traditional boundaries of business and legal practice. This issue is gaining momentum due to internet growth, automation and emerging technological tools. The legal industry is being reshaped, and City firms must lead this change.
Clients observing a firm’s expansion into new markets may expect similar innovation in their own matters. Globalisation therefore offers opportunities to consolidate industry expertise and cross‑sell services.
- Market consolidation: Firms across all tiers have merged in recent years. Mid‑tier firms merge to survive, while City firms merge to expand their global reach and access new economies.
- Other issues: Maintaining work‑life balance, attracting talent, managing internal networks, environmental responsibility, and budget allocation decisions such as investment in IT, training or new offices.
Which issue is most important?
Clients becoming more cost‑conscious is the key issue. Clients are integral to City firms, providing both revenue and status.
Meeting client demands and understanding the pressures clients face can lead to increased retention and more work from existing clients. Given that this aligns with the goals of City firms, investing in understanding and adapting to client needs is a worthy priority.
Having identified the key issue, we can consider potential solutions.
City firms want to adapt to maintain client relations, but how can they do so practically?
- Combine legal and commercial expertise: Clients want tailored commercial advice rather than legal jargon. By developing lawyers who are also commercially aware, firms can meet client needs and provide industry‑specific insight.
- Offer competitive value: Routine legal work can be outsourced to reduce costs and free lawyers to focus on strategic matters. Cost savings can be passed on to clients to offer competitive pricing.
- Invest in technology: Modernising how firms produce, store and manage legal documents can improve efficiency and grant clients easier access to the information they need.
- Consider restructuring: Preserving traditional financial models may not be the most effective way of billing in the current climate.
- Assess the firm’s talent: Ensuring the firm is staffed with motivated, skilled lawyers and investing in training and development will benefit clients and strengthen internal relations.
Which solution is most effective?
All of them. Innovation is essential to remaining competitive. City firms must adapt to the speed of business to meet client needs. Key areas of innovation include:
- Outsourcing: Some firms, such as Allen & Overy and Herbert Smith Freehills, have opened their own due‑diligence centres in Belfast to handle routine work. Others outsource internationally to countries such as India or the Philippines.
- Technology: Casey Flaherty, General Counsel at Kia Motors America, has remarked that lawyers often struggle with technology despite relying on it heavily. Investment in modern systems is crucial for creating efficient, cosmopolitan firms.
- Alternative billing models: Conditional fee arrangements are increasingly popular. Addleshaw Goddard, for example, used such a model in Russian oligarch litigation, receiving fifty per cent of fees if they lost and one hundred and fifty per cent if they won.
These arrangements build trust by sharing risk with clients. The traditional hourly‑rate model lacks transparency and has been criticised for rewarding inefficiency. Fixed‑fee arrangements may take longer or require more resources than expected, but the transparency and trust they create can improve client retention.
Put simply, innovation will ease client demands for more services at lower cost, which remains the central challenge facing City firms.
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