We spoke to several experts working in the ESG arena within the legal industry across the world to see what developing issues they see as critical ones to watch. These are what they considered the five most important themes for the year ahead:

1. Supply chain transparency

Supply chain diversity and transparency of material issues around ESG will mature because of upcoming deadlines on reporting by regulators in the United States, United Kingdom, and the European Union.

“As law firms realize that they are actually just a vendor in somebody else’s supply chain, they must recognize the need to start making efforts to comply with regulations,” says Aragon St-Charles, Global ESG Officer at Dentons, adding that these regulations are increasingly being driven by new reporting rule-making by U.S regulators and implementation of existing E.U. Corporate Sustainability Reporting Directive regulatory mandates in reporting that are coming in effect in 2024.

Omar Sweiss, CEO of JusticeBid, a technology platform that helps corporate law departments expand efficiency in outside counsel selection and gain increased transparency on ESG topics for Tier 1 and Tier 2 suppliers, agrees. “A burgeoning area of focus coming in 2023 is that every vendor in the legal space, not just law firms, is really going to have to start thinking about their own supplier diversity programs,” Sweiss explains. “Up until now, the majority of these players in legal have been immune to supplier diversity efforts. I believe this is going to change dramatically in the next 12 months.”

2. The growth of ESG benchmarks, scorecards & frameworks

With an expanded collective understanding of ESG material issues for the legal industry, custom frameworks for the industry too will evolve. The beginning of this trend started in the last 24 months, as numerous outside parties began offering up metrics in the ESG space.

For example, impactvise provides a comprehensive measurement of law firms internal ESG strategy; and the Law Students for Climate Accountability focuses on law firms’ client work around climate in litigation, lobbying, and transactions. While Diversity Lab’s Mansfield Rule provides a measurement for diversity, equity & inclusion as part of the social part of ESG.

3. Increased legal risk for law firms

Clients are starting to make ESG demands about corporate values and positions that present a potential risk for multinational law firms, observes St-Charles. There are important implications for this growing trend regarding the rule of law and the right to representation for multinational law firms. To illustrate how the risk shows up, imagine a client working with a partner at the U.K.-based office of a law firm who asks the firm to agree to terms that contractually prohibit it from working with fracking companies, even in other countries. If that law firm is working with such clients in other jurisdictions, then agreeing to this could contractually open up the firm to legal risk.

4. Biodiversity as an emerging dimension of the “E”

The critical need to retain abundant biodiversity is an issue requiring closer attention of the legal sector, notes Adam Woodhall, chief executive for Lawyers for Net Zero, a non-profit initiative launched in mid-2021 that supports general counsel and their teams to drive action on climate and ESG within their organizations. Indeed, governments from around the world — as part of the United Nations — gathered in December 2022 to agree on a new set of goals to guide global action through 2030 in order to halt and reverse nature loss; and the Taskforce on Nature-Related Financial Disclosures, a financial services industry advisory group whose members represent more than $20 trillion in assets, is expected to release its final risk disclosure framework in Fall 2023.

5. Increased pressure to speak out on controversial events

Law firm leaders are increasingly caught in the middle between activism coming from employees, clients, and politicians on one side of a hot-topic issue and another group of clients who may be on the opposing side. For example, we’ve recently seen corporate clients that are leaning into ESG actions, such as enacting net zero commitments, while expecting their supply chain partners to do the same; yet, on the other side, a small group of members of the U.S. Congress warned law firms in a recent series of letters about the “collusive effort” to restrict fossil fuels.

To successfully navigate these events, law firms should “think through the process of if, when, and how to respond and address it from the law firm’s values,” says Gayatri Joshi, former Executive Director of the Law Firm Sustainability Network and a Partner at Vorgate Legal ESG Impact. Indeed, many law firms already have been doing this during the Ukraine/Russia conflict, either by making public statements or internal statements to their employees or clients describing the impact of the this event on the firm and its stakeholders.

Although the ESG issues that stakeholders care about differ across the legal industry, the fact remains that ESG will only increase in prominence for legal organizations in 2023 because of the many external factors — regulations, clients’ ESG strategies, politics, and activism among stakeholders — that influence the industry.

That means, law firms should proceed with introspection and caution.

“Law firms need to get their own house in order if they do not want to run the risk of losing and not attracting new clients,” says Adrian Peyer, Co-Founder & CEO of impactvise. “Until now, the ESG performance of a law firm has been ‘a nice to have’, but 2023 and beyond will move it to ‘a need to have’.”

Woodhall, of Lawyers for Net Zero, agrees, highlighting the unique role of general counsel. “The foundation of our society is a livable planet, so savvy GCs and their teams are supporting their business to be part of the climate and biodiversity solutions, as well as providing the social and governance advice which helps nurture flourishing businesses and society.”

The ability to create or plan for capacity is a challenge in virtually every industry, and one that impacts the quality of service and overall client experience. When your firm’s primary value comes from the experience provided to clients, then action needs to be taken to live up to, and exceed, their expectations. Today, tax & accounting professionals see the opportunities to offer their clients more, but they are struggling with their ability to deliver.

This is where we can look at other industries for ideas. How are other professions creating quality client experiences? What can be gleaned from these approaches?

The concept of incorporating customer service related roles within tax & accounting firms has been emerging. Every day, clients may have many questions that do not require the skilled expertise of accountants, tax preparers, or CPAs to answer. Yet, the model for most firms is to have these individuals be the first point of contact for clients. And as firms get deeper into their busy seasons, the level of engagement and client service they have time to provide can often decline.

Sometime this decline takes the form of prolonged response times to client questions; lack of detail in responses because of time constraints; and communications that are interpreted as abrupt or harsh due to the brevity of the message. In addition, client requests for additional services may be postponed to a less busy time for the firm, which can frustrate the client.

This is where customer services professionals can relieve some of this pressure, so the tax & accounting specialists’ time spent with the client is purposeful, impactful, and adds value.

Finding client success advocates

Dixie McCurley, partner of Digital Advisory and Client Accounting Services at Cherry Bekaert, calls this position a client success advocate role.  McCurley says their responsibilities are expected to include proactive outreach to clients — while not performing day-to-day accounting services — in order to ask clients how their business is going; any upcoming business changes for which the firm should be preparing; if there is anything else they need; and, specifically, how the firm is doing in delivering services to clients.

These client success advocates will handle change orders, scheduling meetings, and more, McCurley explains, adding that this role is similar to positions in managed service providers or software companies.

Practitioners considering adding client success advocates as a way of enhancing your client experience offering, might be wise to ask:

• • • Where do you find this talent?
    • What qualifications should they have?
    • What does the job description look like?

The firm Rehmann, a top 100, regional accounting and consulting firm, piloted a concierge role within their Finance and Accounting Outsource and Manage Service group in 2022. This year, they are rolling out this position across their service lines. While the details of the role’s responsibilities were built organically, the concept of this role developed over time, says Sandy Shecter, principal at Rehmann.

The concierge role at Rehmann focuses on the client on-boarding, and it puts someone in place that hand-holds clients through the process, while providing proactive communication and answering questions. The client concierge will also introduce clients to the firm’s processes and systems, and connect clients with the appropriate Rehmann team members at the right times. The full job responsibilities evolved around the talents of the right candidate. “Be open to a great talent and make a role that employs their strengths,” Shecter suggests.

To narrow the search for these client experience specialists, there are characteristics and skills that are beneficial for someone stepping into this type of position. Shecter identified the following attributes that Rehmann looks for in a concierge candidate:

• • • showing a strong interest in technology so the candidate can look into opportunities to automate and leverage technology more effectively;
    • being able to multi-task and work in a fast-paced environment (for example, like in the hospitality or restaurant industry);
    • remaining client-focused;
    • displaying an ability to think outside the box; and
    • willing to ask questions, propose solutions with confidence, and be a problem solver.

It’s important to note that technical accounting experience is not necessary to succeed in this role. A candidate does need to be a team player and willing to listen and learn.

Committing to success

Partners in some tax & accounting firms may be uncomfortable allowing someone else to have such an influential role in the clients’ experience with the firm. However, by allowing someone else to take over tasks and functions that don’t leverage their expertise, they ultimately are enhancing the clients’ experience to the benefit of the firm. This teaming concept supports the philosophy of a one-firm approach to client service, rather than individual partners managing individual books of business.

The success of Rehmann’s concierge initiative came down to the culture within the firm and the commitment from leaders and partners to cross-service clients, Shecter says.

For firms that feel this may be out of their reach at the current time, they should start small. Identify someone on the team, possibly an administrative team member, that has untapped talents. These team members could start performing these functions part-time, or seasonally, to test the model. As the role develops, the firm can bring in some success measurements to determine the impact on client satisfaction ratings and team productivity increases that are attributable to the new role. Then over time, other key performance indicators can be incorporated to further measure the success of the role.

Formalizing a firm’s focus on client experience through development of these roles is one clear way that tax & accounting firms can transform their business model to better meet the needs of their time-strapped talent and exceed their clients’ expectations.

The number one reason for this lack of ownership mentality is that “most lawyers aren’t raised to think of the practice of law as a business,” says Elaine Fitch, of Kalijarvi, Chuzi, Newman & Fitch. “They become lawyers because they want to be lawyers, not business owners.”

This in turn leads into the personality traits of the kind of people who select law as a career. Many lawyers become lawyers precisely because they do not see themselves as future business owners, but rather as practitioners of a craft. “Their personal commitment to their craft is what often allows them to be great at what they do,” notes Joshua Driskell of Lagerlof. “When stepping into an ownership role, they might often feel as though they have a less intimate connection to their practice.”

Another obstacle to developing an ownership mentality is lack of training. Most law schools do not include any education or training in the business of law, and that is unfortunate. “The consequences of the lack of this training often shows up down the road,” says Brian Temins of Minden Gross. “Making the transition to owner isn’t as easy as just changing a title — training and preparation need to go into it.”

Indeed, adds Bijal Vakil of Allen & Overy, having business acumen “is just as important for obtaining work and retaining it.”

“Most lawyers aren’t raised to think of the practice of law as a business. They become lawyers because they want to be lawyers, not business owners.”

Often firms are not intentional about exposing their lawyers to the business side of the firm. And this problem starts early because many law firms encourage young attorneys to focus on developing their legal skills, rather than on developing a book of business. As their practice builds, these lawyers tend to focus on getting their legal work done, and perhaps never develop and understanding of why they do what they do. Instruction on why the work matters to the client, and how lawyers’ time is billed and collected, as well as how new work comes to the firm, may broaden attorneys’ focus beyond the day-to-day legal work.

Another possibility to consider is that an attorney may, in fact, already have an ownership mentality, but the more senior attorneys are not allowing him or her to express that. If senior partners insist on doing things the way they have always been done, or are not welcoming toward new ideas, other partners will have little incentive or opportunity to demonstrate an ownership mentality.

What’s a firm to do?

Many law firm leaders that were interviewed emphasize “drawing back the curtain,” and involving more attorneys in the business of the firm. This approach requires transparency and education at all stages. Tom Segars of Ellis & Winters recommends starting early by “involving young lawyers at every step of the initial client intake and billing processes, including conflicts checking, initial consultations, discussing terms of engagement, preparing an engagement letter, and editing invoices.”

David Lackowitz of Moses Singer, agrees, saying that transparency means sharing information. “Just like in other industries, [the attorneys] should be provided with data about lawyer productivity, revenue, expenses, hiring and firing, strategy, goals, etc.,” says Lackowitz, adding that such information given to attorneys at the beginning of their careers is the first step in creating an ownership mentality.

Too often, however, firms keep financial information within a small, tight circle. In some larger firms, even seasoned partners may not have access to important financial information. Instead, firms should share as much information as possible to encourage ownership mentality among their lawyers. “When people understand the mechanics of the business and feel like they have skin in the game, they are more likely to work harder for [the firm] rather than just themselves,” observes Sean Dolan of Evans & Dixon. Information is power and can lead to open discussions and improvements to the overall firm.

Law firms should start this process early by involving associates in the client relationship. This simple commitment goes a long way towards instilling an ownership mentality. When associates see how clients use and value their work — including knowing that the client has paid the bill for the work — associates then feel a sense of ownership to the client relationship.

Involving associates in the entire project creates a sense of ownership, while simply assigning tasks insures they develop purely a task orientation, explains Mickey Maher of Hecht Solberg. “If a younger lawyer hasn’t experienced the opportunity to take ownership of matters or some piece of client relationships, the lawyer will be less likely to take ownership in the enterprise of the firm over the course of his or her career,” Maher adds.

Indeed, firms should take this one step further — let younger lawyers play significant roles in hearings, depositions, trials, and more, especially as they become more senior. Introduce them to clients and encourage clients to contact senior associates directly with questions.

Heather Linn Rosing of Klinedinst observes that “the things that law firms can do to instill an ownership mentality in those up for partnership are the same things that firms can do to promote retention.” These include fair compensation, wellness programming, a commitment to the community, and a mechanism for employees to express their opinions and participate in the betterment of the organization.

Many of the leaders interviewed also emphasized the importance of active mentorship by senior lawyers, as well as active sponsorship for attorneys, and especially for women and diverse attorneys.

Promoting teamwork

While it is often challenging to motivate lawyers to participate in activities beyond their normal billing hours, firm activities that promote bonding, teamwork, and cross-selling are valuable in reinforcing ownership mentality. Involving lawyers on firm committees, such as recruiting, can help to instill an ownership mentality within them, says Heidi Yernberg of Jayaram Law. This activity brings “[the] entire team into operational issues from the beginning, involving associates in a wide range of areas, from project management and workflow to reviewing bills and budgets, to fostering business development relationships, encouraging thought leadership and more,” Yernberg says, adding that group activities, no matter what they are, instill a connection and sense of responsibility to others in the firm.

Developing a strategic plan, with the input of all attorneys and staff, is a way to encourage involvement and ownership. The plan should be consulted and reviewed on a regular basis, so that all stakeholders can see how it is being utilized to determine the direction of the firm.

“When people understand the mechanics of the business and feel like they have skin in the game, they are more likely to work harder for [the firm] rather than just themselves.”

Indeed, Mary Vandenack of Vandenack Weaver encourages her lawyers to develop their own practice plan and “that plan should be incorporated into the firm plan.”

At Ellis & Winters, a North Carolina-based litigation and commercial real estate firm, they take it further by having their director of Client Services & Business Development work with each attorney to develop an individual plan for business development, focusing on the lawyer’s interests and strengths, while holding each lawyer accountable for implementation.

And finally, accountability is a large part of this process — and often, it is the hardest part of the equation as managing partners often have difficulty holding their partners accountable. “I would give them actual business responsibilities,” says Marco Antonio Gonçalves of Veirano Advogados in Brazil. “A make them accountable for [those] responsibilities, as well as for what is expected from them as a firm partner in the long run.”

To reinforce what it means to be a partner, Fairfax, Va.-based patent law firm Harrity & Harrity conducts partnership skills training that requires new partners to meet with the managing partner on a bi-weekly basis to review scenarios, such as hiring or firing an employee, or how to deal with a potential malpractice issue. When a partner has an ownership mentality, they hold themselves accountable because they want their firm to improve and succeed in every way possible.

Clearly, creating an ownership mentality among firm partners is not easy. Often, all a law firm can do is provide training, resources, opportunities, and support. It’s up to the individual lawyers and partners to fully embrace being a law firm owner and all that it encompasses.

Against this background, boards and executive teams should ask themselves two broad sets of questions. The first concerns what steps are being taken to remain resilient and support customers through near-term economic pressures; and the second, whether their own strategic plans align with medium-term structural changes in their operating environment.

Indeed, a strong grasp of the ever-evolving regulatory environment must inform how financial services firms answer these questions.

Near-term economic pressures

Disruptive economic factors will command attention in the near term. The credit risk outlook is increasingly precarious, and lenders will need to be able to demonstrate to supervisors how they are managing the associated risks. Many insurers and investment funds will also face credit-related pressures in their portfolios and may need to boost their credit teams if the volumes of defaults and corporate restructurings begin to rise.

Where credit risks crystallize, they will feed through to regulatory capital positions. Firms will also need to be vigilant for sudden bouts of volatility within the capital markets.

Central banks and regulators will be working hard to understand market vulnerabilities, with continued stress-testing of individual firms, funds, and the wider system. Margining practices will be under scrutiny.

There is also a major conduct risk component to the current economic situation, with consumers feeling the cost-of-living squeeze. Conduct supervisory standards are substantially higher now than in previous downturns, and firms will rightly be expected to support their customers through a period of economic hardship.

This is a particular dilemma for lenders, who will need to make judgements about when and how to exercise forbearance. It will also be a challenge for insurers, who may see rising numbers of policyholders struggling to cover their premiums, creating the possibility of protection gaps that will draw supervisory attention.

Embedding climate & nature risks

Climate and nature risks will increasingly shape the financial services operating environment. Less advanced firms may find themselves given progressively less leeway for shortcomings in the year ahead.

Efforts are underway in numerous arenas to improve the structure and content of transition plans, and firms will need to shift gears to keep up with new rules, guidelines, and greater supervisory scrutiny.

Firms will also need to keep an eye on the still-evolving nature-related risk disclosure framework being developed by the Taskforce on Nature-Related Financial Disclosures, a financial services industry advisory group whose members represent more than $20 trillion in assets. The Taskforce’s risk disclosure framework is due to be finalized in Fall 2023.

Technology transforming the sector

Technology enables firms to provide new and better products and services, develop deeper insights, and do so ever-more efficiently. However, as supply chains and delivery services models become more complex, both the regulatory regime and firms’ risk management and control frameworks have struggled to maintain pace with technological innovation.

Nowhere is this clearer than in relation to digital (and particularly crypto) assets. Regulated firms have increasingly been engaging with an evolving ecosystem of digital asset technology providers and developing client offerings. The European Union’s Markets in Crypto-Assets framework will enter into force this year, but a further regulatory response may be needed to tackle issues such as leveraged trading and crypto-lending as regulatory uncertainty and gaps will persist.

In the United Kingdom, meanwhile, the Financial Services and Markets Bill, once passed, will give authorities the power to oversee digital assets markets. The secondary legislation that will clarify which activities and market participants they will regulate, however, is yet to emerge.

The transition period for the U.K.’s operational resilience framework will soon enter its second year, and U.K.-based firms need to demonstrate measurable progress with regards to important business services. The 24-month implementation period for the E.U.’s Digital Operational Resilience Act begins this month, and firms within the E.U. will need to begin their work post-haste to be on track for the early 2025 deadline.

The resilience of the delivery of financial services in which third-party suppliers are involved is a major issue. In some cases, firms will need to develop contingency exit strategies and business continuity plans for third-party exposures, including substitute service delivery methods.

Long-standing concerns about model risk management also now have a distinctly technological flavor, with supervisors scrutinizing how firms are deploying artificial intelligence and machine learning. When finalized later this year, the U.K. Prudential Regulation Authority’s (PRA) proposed principles on model risk management will require a large amount of work to catalogue, categorize, and risk-assess models that for some firms could number in the thousands given the PRA’s expansive definition of model.

A general principle will be relevant for firms across all sectors and regions: people, and not models, should be responsible for decision-making. Boards and executive teams should be able to demonstrate that they understand the functioning of their models, including those based on new technologies such as machine learning.

Rising geopolitical tensions

Finally, rising geopolitical tensions will continue to be another feature of the changing risk environment in which financial services firms are operating. International markets are increasingly fragmenting, as nations and business leaders look at how to build supply chain resilience and security through greater localization of production and supply.

Given the volume of alerts generated by transaction monitoring systems, the inherent limitations of legacy systems and data, and strengthened baseline expectations, it is no wonder that some firms feel they are having to run ever-faster just to keep up. The status quo does not appear sustainable, and operating model reform will need to be part of the response, including considering changes to internal structures, resourcing models, and technology strategies.

Resilience and strength

Financial service firms face many headwinds as the new year begins but will do so from a position of resilience and strength, having successfully navigated the vicissitudes of the last three years. The major challenge will be to navigate the choppy near-term waters without losing sight of the medium-term processes of structural change playing out in relation to geopolitics, technology, and sustainability.

Regulation continues to be a major force that will shape the operating environment for financial services, and an integrated view of the regulatory landscape — as well as an ability to connect such a view with business strategy decisions — remain imperative for firms looking to stay at the forefront of the industry.

This blog post was taken in part from a recent report written by David Strachan & Suchitra Nair of Deloitte. You can sign up to receive Deloitte’s Financial Markets Regulatory Outlook report, due to be published later in January, here.

Consequently, many corporate law departments (CLDs) will remember these past 12 months as the great pricing reset in which law firms required significantly higher hourly rate increases over and above anything the legal marketplace has seen in at least a decade.

The new year finds both the buyers and sellers of legal services having to grapple with the economic reality of high inflation, increasing labor and infrastructure costs, attrition, labor arbitrage, and major shifts in market demand — all of which will in some way or another impact the cost of legal services into 2023 and beyond.

Using cost control counter-measures

With this reality, many CLDs are not looking forward to a repeat of last year’s rate hikes; however, that is not necessarily a fait accompli for corporate clients. Yet, there are counter-measures that can be deployed to help them mitigate, control, and even create cost savings in the face of such pricing uncertainty.

There are many familiar options that CLDs have at their disposal — such as tiering, RFPs, volume discounts, panel convergence, budget structuring, and in-sourcing — although these approaches, while important considerations for every CLD looking to control their costs, may take time to mitigate the impact of proposed rate increases.

Instead, let’s focus on a few things that might help CLDs achieve tactical and immediate results.

Rebates

Similar to, but distinct from, volume discounts, most rebates exist with those law firms that enjoy large volumes of billing. Rebates are typically negotiated at the start of a calendar year and are contingent on a firm achieving a certain dollar threshold or tier of billings in that year.

Rebates are a good tool for CLDs to utilize during any rate negotiations and especially on large matters or a portfolio of work where a CLD is looking to reduce its legal spend, offset the cost of future work, or simply to mitigate the impact of future rate increases.

Value-added services

Not all clients have sufficient scale with a law firm to entitle them to ancillary benefits with the firm. However, value-added services — such as free legal advice, secondments, market research, access to proprietary technology, education, and training sessions — can be separately negotiated.

If a CLD must accept higher rates, then perhaps trying to negotiate or tie some level of complimentary ancillary services to those rates may help offset the CLD’s legal costs in other areas.

Rate management policy

While many CLDs have billing guidelines in place with their law firms, far fewer have any language in their guidelines that talks specifically about rate management and prescriptive requirements related to how a law firm is to address any proposed rate increases. Consequently, the process becomes much more ad hoc.

A proper rate management policy should address criteria such as when a firm can make a rate increase request, the frequency of a request (e.g., one increase per year rather than two incremental increases), permissible rate increase caps for specific professional groups, and the permissible criteria or reasons that qualify for a rate increase (e.g., merit vs. market pressures). All of these criteria are fundamental to managing expectations up front for both the firm and the CLD and for providing predictability and transparency around rate management.

ALSPs

ALSPs offer CLDs an opportunity to leverage less expensive providers than traditional bricks-and-mortar law firms. Tiering transactional matters or components of a matter away from expensive firms to ALSPs provides CLDs with cost saving and convergence opportunities.

Contingent worker ALSPs are a good example of legal work that typically has been sourced to traditional (and more expensive) law firms. Now, however, CLDs have the option to utilize virtual and less expensive service providers for components of legal matters or other resource needs.

Staffing ratios

As part of rate negotiations, CLDs should consider imposing staffing ratios on firms requiring them to assign a greater percentage of their work to lower cost mid-level associates, rather than expensive partners, thereby offering up potential cost savings for the CLD.

Disbursements & cost recovery

Legal e-billing systems are great for implementing quantifiable rules around non-reimbursable expenses on invoices. However, there are many charges or billing practices that cannot be quantified and corelated to an automated e-billing rule that rejects the proposed expense. Further, there are also other expenses that may be subjective in nature and require more powerful tools to review.

Diving into law firm disbursement data offers a CLD an opportunity to: i) find patterns of billing that are non-compliant with a CLDs billing guidelines; and ii) use the exercise to close any compliance gaps and save money; .

Quick-pay discounts

The importance of timely payment is not lost on a law firm’s management team as tracking outstanding accounts receivable balances is instrumental in measuring productivity and effectiveness of lawyers or identifying servicing issues.

A CLD can utilize quick-pay discounts as a solution to a firm’s balance challenges by providing an incentive for the law firm to lower its rates or offer a discount in exchange for the CLD’s commitment to paying the law firms invoices within a specific time frame.

Alternative fee arrangements (AFAs)

AFAs (e.g., fixed fees, flat fees, contingency, volume discounts, risk collars, etc.) are often touted as the great pricing panacea to hourly rates; however, before accepting any AFA proposal, CLDs should consider asking the law firm to provide quantifiable proof as to the value of the AFA and what if any determination was made to validate that the AFA is a better pricing option for the client. Without any such empirical validation, CLDs risk making costly assumptions around cost savings, when in fact the opposite may be true.

Getting ready to negotiate

Before engaging any law firms in discussions of the above strategies, CLDs need to address two key components that must underlie any of their efforts — billing data and communications.

Billing data — When leveraged correctly, CLD billing data offers a plethora of opportunities to save money in a runaway market that has pivoted in favor of legal service providers. By mining timekeeper data (e.g., rates, year of call, geographic locations), disbursement charges, invoice line item detail, time allocation, staffing ratios, and more, CLDs may uncover opportunities for savings when comparing billing data between multiple firms and ALSPs.

Communications — Having an open and honest dialogue with their law firms on budget constraints or their companies’ cost saving targets may allow CLDs to obtain voluntary law firm rate freezes or even rate reductions in the interest of building stronger and lasting relationships.

Indeed, holding these candid discussions at an opportune time when a lot of companies are facing financial challenges, may remind law firms that many CLDs are committed to growing lasting partnerships with those firms that understand the client’s budgetary pressures and are willing to help clients meet their cost-saving targets for the greater good of the relationship.

While all of these reactions are normal, remember that critical feedback is not personal; it’s integral to business. It’s critical to our legal practices and the business of running a law firm that we are always learning, growing, and developing, especially if a particular behavior has a negative business impact. The key is to understand the situation objectively, try to resolve the issue, and then move forward. With shifts in the way we communicate, feedback can be a great gift to many senior-level attorneys.

Certainly, receiving difficult information can be a challenge. When you handle a negative situation graciously and calmly, however, your demeanor and professionalism will be noticed and appreciated. More importantly, you the gain the ability to pivot in the best direction possible for you and your organization.

Communications strategies

With that in mind, here four tips that may prove useful the next time you find yourself at the receiving end of constructive (and possibly uncomfortable) feedback.

1. Stay engaged in the conversation

It’s common to tune out feedback — and even mentally map out the counterargument before hearing someone out. That’s why many of us shut down or become closed off when presented with negative information. When this happens, we give off nonverbal cues through facial expressions and body language that show we’re not engaged in the conversation. Yet, this is a guaranteed way to rapidly escalate the conversation from constructive to destructive.

Because a conflict cannot be resolved until the situation is understood and addressed, it is important to stay open and actively listening. That way, you can be part of the solution and help everyone find a way to move forward. Keep your face neutral, your arms uncrossed, and your mind open.

2. Keep emotions out of it

Shock, anger, and embarrassment are all common reactions to bad news or criticism. In fact, many people may experience an entire range of emotions when presented with negative information at work. And while these reactions may be considered normal, unfortunately, they only serve to escalate an already negative situation.

By remaining calm and emotionally regulated, you can maintain a professional presence and offer solutions to help determine the next steps.

If you feel the conflict has arisen from misinformation, feel free to make that correction — but stick to the facts. Making excuses or placing blame will only cloud the issue and make it difficult to make headway. Further, it may seem like you aren’t taking responsibility but are instead throwing others “under the bus.”

3. Ask to reconvene

Not every conversation has to be resolved in a split second. Take a break and ask to reconvene once you’ve had a chance to review the details. Separating yourself from the situation will allow time to regulate your emotions, process the information, and start to come up with productive solutions or next steps. And if you have to share the bad news with others, taking time to review the situation can be even more important.

Your ability to remain emotionally regulated and handle feedback well will make it easier for your team or clients to model your behavior and provide a more straightforward path forward for everyone involved.

4. Look for the positive

As unpleasant as it may be, try to remember that constructive criticism, negative feedback, and difficult conversations are all key opportunities for growth. Each time you find yourself at the receiving end of bad news, try to see what you can gain from the situation.

For example, if the issue comes from a client, take time to listen and ask questions. The client may appreciate your openness to their feedback and your desire to improve. If you’ve hit a challenge within your firm’s partnership, having an open conversation will help you build trust and develop the relationship, as well as maintain a healthy work culture for others.

If your client is leaving you for a new firm, ask them why. If they’re committed to moving on, they still may be able to offer insight that will help improve your engagement with your other clients going forward. Being receptive to critical feedback will help establish you as a highly respected lawyer within your field, as well as one who is always trying to be responsive to their clients.

If the bad news comes internally, work together with your colleagues to see if they can share their suggestions on how they could have handled the situation differently. Use these scenarios to strengthen your relationships internally, possibly gaining information that may help you in the future.

Importantly, don’t be afraid to ask for constructive insights from both higher-ups and junior members of your team. Each perspective can contribute knowledge that helps create and refine best practices for your firm.

Responding with grace

When you respond to challenging feedback with grace and open communication, others will come to see you as a confident and emotionally intelligent person — one that they will be more likely to seek out in the future. You will also help create a psychologically safe work culture in which people aren’t afraid to give constructive feedback.

Remember that no one gets to the top without facing conflict multiple times throughout their career. What sets the best professionals and leaders apart is the way they handle these uncomfortable situations.

So, the next time you find yourself in a difficult position at work, remember to stay engaged and open to discussion, separate yourself and process your emotions, and accept feedback with grace and poise. These tips will help you navigate tricky situations confidently and allows you to continue growing and developing your key relationships internally and externally.

Receiving constructive feedback professionally and with grace is one step towards building communication and strengthening relationships among your colleagues and clients. For more on how internal collaboration can enhance your firm’s standing in clients’ eyes, check out our recent Thomson Reuters Institute Insights podcast.

Indeed, “Second Chance” or “Fair Chance” hiring — when done right — is good for business. Companies can fill workforce gaps and reduce turnover, increasing productivity and cutting on-boarding costs. This practice also has community benefits and is a place where corporate value and social values dovetail. When people with criminal records are employed, economic activity and new tax bases are created, and public safety increases.

A 2021 survey of human resources professionals found that 81% believed that the quality of workers with criminal records is generally the same or better than workers without records, with nearly identical hiring costs. Studies have also shown that retention rates are higher, turnover is lower, and employees with criminal records are more loyal to their employers once hired.

Recent job openings reports from the U.S. Bureau of Labor Statistics showed thousands of open positions in accommodation and food services and in manufacturing — just two of the many industries in which talented people who happen to have criminal records could fill the labor gap.

Offering a second chance

Second-chance hiring is good for employers’ bottom lines in whatever industry they operate. Fortunately, many more business leaders are also recognizing the significant value in second-chance hiring. The Second Chance Business Coalition, led by Jamie Dimon, Chairman and CEO of JPMorgan Chase & Co., and Craig Arnold, Chairman and CEO of Eaton, has brought large businesses into the space.  Corporations such as Walmart, McDonalds, Verizon, Accenture, and Koch Industries are among more than three dozen companies that have been brought together by the coalition to work on this issue.

When I was incarcerated, no one asked me for money, but nearly everyone asked me to help them get a job after they were released. Today, I work with businesses to help them develop organizational and risk management strategies to better recruit and retain people with criminal records.

A 2021 report from the Alliance for Safety and Justice estimates that one-third of American adults — roughly 78 million people — have a criminal record. The problem is even worse for Black men. A University of Georgia study found that, as of 2010, 33% of Black men had a felony conviction compared to 8% for all adults.

Unemployment also has been an inescapable by-product of a criminal record. The Prison Policy Initiative calculated that the unemployment rate for people with criminal records is over 27%. By contrast, the country’s overall unemployment rate currently stands at just 3.5%.

Expungement as a risk management tool

Expungement, or record-clearing, is a powerful risk management tool for businesses, but the system can vary drastically among states. For example, a minor drug offense in Florida can stay on a person’s criminal record for life, while a much more serious offense that involved prison time may be expunged in another state. When an employer performs a background check, the Florida person who never served a day in jail will be classified as a “felon” while the person who did years in prison will not.

Fourteen states now broadly allow felonies and misdemeanors to be expunged, while another 23 states have narrower expungement criteria for felonies and misdemeanors. Five other states allow expungement only for pardoned felonies and certain misdemeanors, and three states and the District of Columbia allow only misdemeanor expungement. Five states and the federal system have no expungement law. Without broad record-clearing laws, a person with even a minor criminal conviction will always wear that scarlet letter.

Broader expungement laws have risk management benefits as well. This creates additional issues for chief human resources officers, corporate general counsels, and employment lawyers. Most businesses will never learn of an expunged record, which generally adds additional protections against negligent hiring cases and creates no additional work for corporate staff. In contrast, when a background check has a criminal conviction, the business may have to take additional steps before it can hire the person under the Fair Credit Reporting Act, applicable state laws, and its own risk management strategy.

Without expungement, the risk management landscape is largely governed by state law. For example, Colorado law prohibits an employee’s criminal record from being introduced as evidence in a lawsuit against an employer unless there is a direct relationship between the criminal history and the underlying facts of the claim (Colo. Rev. Stat. Ann. § 8-2-201(2)(a)(I)). Florida — a state without a record-clearing process — protects employers from a negligent-hiring presumption in cases in which the criminal-records check “did not reveal any information that reasonably demonstrated the unsuitability of the prospective employee” (§ 768.096, Fla. Stat.).

Hiring and retention are core business functions and are not an option for companies to achieve success. Unlocking this relatively untapped talent pool can help businesses grow and thrive, creating profits for the business and benefits for its stakeholders, employees, and surrounding community.

Hear more about John’s work, his former legal career, and his journey from prison to expert on re-entry into society after prison on Episode 108 of The Hearing: A Legal Podcast from Thomson Reuters.

As we enter 2023, the specter of a potential recession looms over all budgetary and strategic decisions. Professionals in corporate law and tax departments are already anticipating having to do more with less, which will likely impact how they work with their outside partners over the next 12 months. Add into this a mixture of new governmental regulations, and these next 12 months could start to look less optimistic and more of a trial to overcome.

In the most recent Thomson Reuters Institute Insights podcast, available on the Thomson Reuters Institute Insights podcast channel, our team of strategists reveal the trends they’re watching as we enter 2023, and how changes in the overall economy may affect this coming year’s strategic priorities.

Rabihah Butler, Head of Compliance & Government Insights, says that compliance is the name of the game in the risk and fraud space, with the Beneficial Ownership Act, the Enablers Act, crypto-regulation, and ESG compliance all playing their part to make the coming regulatory year a complicated one. And in the event of an economic downturn, there may be questions surrounding who bears the burden of that compliance risk, as well as how government entities and court systems will be able to continue key system reforms that they began during the pandemic.

Natalie Runyon, Head of ESG Insights & an Advisory Services Consultant, believes 2023 may be “a painful year because of multifaceted operational challenges and other headwinds” facing those responsible for ESG within organizations. The Securities and Exchange Commission’s rules on greenhouse gas emissions and the European Union’s new corporate sustainability reporting requirements both will increase work for lawyers and accountants, while certain social aspects of ESG — most significantly, the increased focus on employee well-being as a key performance indicator of organizational well-being — will remain a key priority for boards, especially in a tighter labor market.

Zach Warren, Head of Technology and Innovation Insights, views the tech and innovation landscape as one where next-generation technologies such as artificial intelligence, blockchain, and even ChatGPT may be taking a back seat to tried-and-true standards like business development and security and data protection. Thomson Reuters research has shown that while technology investment has continued thus far in the legal and tax industries alike, a recession may mean scaling back some research and development initiatives.

Bill Josten, Head of Legal Marketplace Innovation Insights, notes that what is top of mind for corporate law department leaders and law firms alike isn’t changing: the volume of matters they’re seeing is increasing. However, flat budgets and a potential down economy may have changed the calculus of how those matters will be tackled. Tighter budgets are forcing corporate law departments to tier their outside work, which could mean a potential rise in utilization of alternative legal services providers. Law firms, meanwhile, also are eyeing what inflation might mean for their realization rates and how to hold onto demand in the face of those tightening corporate purse strings.

Finally, Nadya Britton, Head of Tax and Accounting Insights, explains that small and midsize tax & accounting firms are looking to continue their advisory services expansion, particularly with continued industry automation and a de-emphasis on simple compliance work, while large tax firms are focusing on specialization in specific industry areas. Corporate tax departments, meanwhile, are “all about data, data, data,” Britton says, particularly with trying to better integrate the tax function into their organizations’ wider business initiatives. Even though any economic downtown may not impact tax as strongly as other industries, there are still implications around the industry’s growth plans to be considered.

As our team of strategists describe it in the podcast, 2023 is set to be a complicated year, but research has shown that there can be reason for optimism among all areas of professional services. Even with economic uncertainty looming on the horizon, the next year can prove fruitful with a little strategic planning and care.

Episode transcript.

You can get the whole story on the outlook for 2023 and listen to the most recent Thomson Reuters Institute Insights podcast here.

While talent issues remain high on the board agenda for many companies, organizations need to do more to explicitly tie the well-being of their people and corporate purpose directly to corporate ESG activities on a consistent basis. Indeed, measuring social impact — the S in ESG — through the lens of people’s well-being is not yet mainstream, although it is gaining traction.

Multinational food manufacturing giant the Kellogg Company (Kellogg’s) is among those companies that consistently link their global purpose platform to their sustainability agenda and ensures their purpose is centered on the well-being of their employees and other stakeholders. More specifically, the company, through its Kellogg’s Better Days Promise, aims to advance sustainable and equitable access to food by addressing the intersection of well-being, hunger, sustainability, and equity, diversity & inclusion to create better days for 3 billion people by the end of 2030.

Enacting a multi-pronged stakeholder engagement strategy

Kellogg’s also embeds its corporate purpose into its growth strategy. This definitive integration of purpose and growth dates back a century to its founder and is well entrenched within the organization’s business and culture today, says Stephanie Slingerland, Senior Director of Philanthropy and Social Impact at the Kellogg Company.

The Better Days Promise is a key element of Kellogg’s Deploy for Balanced Growth strategy, which includes consideration of the varying sustainability-related preferences, needs, and desires of the company’s multiple stakeholder groups — employees, customers, consumers, investors, and the communities in which the company is based and operates.

With the recognition that the “company should and can do well by doing good,” Kellogg’s has taken a proactive approach to engaging with stakeholders to communicate how its corporate ESG strategy remains central to its operations and growth strategy through a people well-being lens, Slingerland explains.

Kellogg’s has seen positive implications by intentionally collaborating with stakeholders to integrate the organization’s corporate purpose and social impact into its ESG strategy in a variety of ways, including:

• • • Cross-stakeholder ESG initiatives — Honoring World Food Day is a month-long event at Kellogg’s. It is an opportunity for the company to engage with many of its stakeholders, including food banks, retail partners, and employees, through workplace and community volunteering opportunities, donation drives, communications, and events.
    • Employees — Kellogg’s employees regularly engage with ESG initiatives over the course of the year. Indeed, cultivating employees as ambassadors through the promotion of the Better Days Promise to employees’ networks, customers, and partners enables a multiplier effect on the company’s ESG communications and social impact.
    • Consumers & community — Kellogg’s has a long history of involving consumers in its philanthropic activities. In the summer of 2022, for example, the company’s launch of the Build for Better program and competition, executed in partnership with Minecraft and the nonprofit KABOOM!, allowed consumers to design a virtual playground on Minecraft and submit it for the chance to see it built in real life. The winning design was built at a Boys and Girl Club of America in Marietta, Georgia in November 2022.
    • Customers — Likewise, the company’s retail customers recognize the importance of ESG initiatives and are eager to partner on Better Days Promise. For example, Kellogg’s collaborated with a retailer to launch Kellogg’s InGrained, a program that helps rice farmers reduce climate impact. Another retail partner, recognized Kellogg’s commitment, investment, and partnership on philanthropic, sustainability, and well-being initiatives, named the company the first-ever ESG Supplier of the Year.

Storytelling & data are essential

Data and storytelling are key to executing holistic, multi-pronged communications to a wide variety of stakeholders. While it is sometimes tricky to address all audiences’ preferences and expectations, “sharing stories about the people behind our strategy who have such a passion for their work, or the people that the initiative impacts, resonates the most,” Slingerland says. “Data helps to contextualize the impact of the stories.”

One of the most common challenges in implementing an ESG engagement strategy is how to influence late-comers or those who question the validity of the widespread attention that ESG is receiving. To make progress, companies should stay focused and highlight the positive impact company initiatives can have on the surrounding communities, and how these initiatives help drive company’s growth, Slingerland advises.

Indeed, one key metric — profits-per-equity partner (PPEP) — is down for the first time since 2009, which occurred during the last global financial crisis.

This scenario and lessons in how law firms are attempting to navigate these choppy waters is mapped out in the 2023 Report on the State of the Legal Market, issued today by the Center on Ethics and the Legal Profession at Georgetown University Law Center and the Thomson Reuters Institute.

The annual report reviews the performance of U.S. law firms and breaks down the factors that most impact financial success and drive the need for a strategic view of firms’ market positions, operations, and future plans.

This year’s report shows that throughout 2022, growing political and economic uncertainty significantly reduced clients’ appetite for transactional work — which had become the white-hot driver of demand throughout 2021 and the early part of 2022. Indeed, possibly the most prominent development in the legal industry in 2022 was the substantial slowing in demand growth that firms experienced throughout the year. On a year-to-date basis through November 2022, overall legal demand contracted by 0.1%, which stood in stark contrast to the 3.7% growth rate recorded for all of 2021.

Not surprisingly, this collapse in demand growth, especially in the transactional practice, fell more heavily on larger law firms. At the same time, many law firms continued to add new lawyers at a healthy pace. As a result, productivity declined, even as direct and overhead expenses remained high, much to law firms’ dismay.

The combination of all these factors pulled down PPEP from its 2021 levels, although it still remains in a relatively good position historically.

However, the report shows that growing uncertainty over macro-issues, such as economic sluggishness in the United States and throughout the world, the challenge of returning to the office, and the rising costs of talent all set the stage for a very difficult 2023 for the legal industry.

One interesting note to the report was the relative strength of the Midsize law firm segment, which stood alone among other market segments in seeing positive demand growth in 2022. The report attributes this to clients’ willingness to move work in search of high-quality but more cost-effective outside counsel.

Looking to the leadership of Luis Urzúa

The report also noted that in times of uncertainty, organizations have a tendency to hunker down to protect against both real and imagined dangers. To steer a firm successfully through such periods requires leaders to embrace somewhat different priorities and be willing to experiment with new ways of operating.

To illustrate further, the report relates the incident of the terrible mine collapse in Chile in August 2010 that trapped 33 miners for 69 days deep underground. Facing certain catastrophe, the miners rallied around their shift foreman, Luis Urzúa, who was a recognized leader and trusted by the men.

The report notes that Urzúa’s leadership skills were a key reason that the miners survived. Taking note that organizations rarely if ever face uncertainties as severe or as consequential as those that confronted the Chilean miners, the report states that nevertheless, it is often in extreme situations that critical leadership traits are most visible.

Urzúa’s leadership manner emphasized telling the truth, requiring teamwork, and staying focused to great success. It allowed his team of miners to concentrate on the singular task at hand — surviving their ordeal together — despite the dire circumstances in which they found themselves.

The report also suggests that as law firms confront a period of significant economic and market uncertainty, the lessons that were exemplified by the leadership of Luis Urzúa can provide some useful guidance for many law firm leaders as they navigate the uncertainties of 2023 and beyond.

You can download the full “2023 Report on the State of the Legal Market” by filling out the form below: