Monthly Archives: January 2017

Mid size law firms doomed to planning, diligence

due-diligenceGuilford College president Jane Fernandes once counseled the College’s board of trustees that there is a difference between “planning” and “hoping.” (She communicated this very diplomatically, a measure of her fitness for her job.)

In a word (well, two words) the difference is “due diligence.”

British law firm consultants Edward Drummond & Co recently advised “mid-tier” firms in England that the largest London firms are shouldering mid-tier firms out of high-margin work. Mid-tier firms, Drummond says, are in danger of losing their ability to attract new business.

But, there is hope. Drummond, itself a planning consultant, says there is

scope for mid-tier firms to improve their margins by placing greater focus on ‘rigorous strategic planning’. For their new ventures to be effective, the consultancy said, it was imperative that mid-tier firms dramatically ramp up in-depth market research and competitor analysis while also ensuring a thorough understanding of the potential opportunities and risks of the work.

Firms were warned that without carrying out detailed due diligence, they could risk seeing seemingly profitable new business ventures suffer or even fail.

Before firms commit to “new lines of business” though, a Drummond partner counseled

  • analysis of competitors,
  • identifying gaps in the market, and
  • targeting potential clients

Failure to commit to rigorous due diligence is more strategic hope than strategic planning. It risks doom.

What all this means in the context of mid-size American law firms is a horse of a somewhat different color than what British mid-tier firms face, but still a horse.

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Cahiers de Hoummous: to skin a pea

skinsRemoving the skins from chickpeas when you make your hummus is something you just don’t hear enough about. And there are multiple schools of thought on the subject.

Maureen Abood, Yotam Ottolenghi, Sami Tamimi and others counsel soaking then cooking dried peas a long time with baking soda, straining them, adding cold water, and then rubbing the skins off with your fingers. (Same method can be adopted for canned chickpeas, where you microwave instead of simmering for a long time.)

Others suggest rubbing your peas with a towel. See the Steamy Kitchen, rub-them-with-a-paper-towel method.

But traditionalist Amy Riolo, the author of Nile Style, says that she skins her peas one by one. She says

To peel chickpeas, hold them in between your thumb and index finger over a bowl and squeeze. The chickpea will come through and you will be left with the skin in your hand. I like to peel them while I’m watching television or talking on the phone, and leave them ready in the refrigerator, so that later on I can make this dish.

She handles each chickpea, one at the time. Well, there you go. If you remove each skin from each pea, one by one, you will have some creamy hummus.

Perfectly acceptable hummus, however, can be fashioned from skin-on peas. Partially skinned peas are fine, too. (Don’t let the perfect be the enemy of the good.) You might want to give your food processor a few more turns for skin-on peas than for the naked ones, then you’ll be good to go.

It’s your hummus, you choose.

A word about the television, though. We cannot condone watching television while you skin your peas. In some jurisdictions, watching cable TV news in particular while skinning chickpeas may be regarded as chickpea abuse.

[Broader MidLaw hummus wisdom was recapped at year end.]

Guilford College president meets with Congress, President

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NC Capitol

War came and North Carolina Quakers were in a bad spot. They were abolitionists and unionists and pacifists to boot.

A bill was introduced in the North Carolina legislature to require that every free male over sixteen years old must publicly renounce allegiance to the government of the United States and agree to defend the Confederacy. The penalty for noncompliance was banishment.

It was a bridge too far. Former governor William Graham, who Bishop Cheshire said was one of the greatest men North Carolina ever produced and who represented North Carolina’s traditions of progress and moderation, spoke against the bill. He said it would be “a decree of wholesale expatriation of the Quakers.” “The whole civilized world would cry ‘shame,’” he said.

And so the bill was defeated, although “not so the hostility” from which it came. “Hatred and malice … fell with much violence” upon North Carolina Quakers.

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Virginia Capitol

Legislation was proposed at both the State and Confederacy levels to provide exemptions from military service for Quakers and other “peace churches.” North Carolina Quakers recruited a committee to go to Richmond and make their case to the Confederate government.

Among the five-person committee was Nereus Mendenhall, the leader of New Garden Boarding School (later Guilford College) in Guilford County. He was “well known as one of the most learned men in North Carolina and a prominent educator.”

At Richmond, they met with a committee of the Congress. It was summer and they met at night outside on the grounds of the Capitol. One of those present said later,

It was the feeling of the delegates that Nereus Mendenhall was preeminently the man to present our case. It seemed impossible, almost, to secure his consent, owing to his natural reserve. Finally, [the chairman] said: “Gentlemen, the Committee is ready. Please state your case.” A dead silence followed. In a few minutes, fearing the committee would not understand or appreciate our holding a silent Quaker meeting then and there, I reached over and gently touched Nereus. He arose slowly, and when fully aroused and warmed up to his subject I thought I never heard such an exposition of the doctrines of Friends on the subject of war.

Later, the group visited Jefferson Davis, President of the Confederacy. Davis received them courteously but remarked that he “regretted to learn” there was a group of people who were not willing to fight in defense of their country.

A statute was passed that exempted Quakers and members of other peace churches from military service upon either payment of money or rendering noncombatant services. A participant in the process said that

To Nereus Mendenhall’s argument, perhaps more than any other one thing, was due the passage of this law.

In later times, some Quakers refused to serve and refused to make payments or perform noncombatant services. Some of them were punished severely.

Mendenhall’s home, The Oaks, was located on what is now NC 68 between Greensboro and High Point in Guilford County. It is for sale by Preservation North Carolina and may be destroyed.

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Nereus Mendenhall

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The Oaks

Midsize law firms showing vigor

A glass building in downtown Greensboro,North Carolina. Notice the reflection on the glass.

An outfit that calls itself “MidLaw” and extols the virtues of midsize law firms probably has an obligation to call attention to January 12’s Georgetown Law Thomson Reuters “2017 Report on the State of the Legal Market” wherein it is reported (pages 13 and 14) that

midsize firms saw a consistent upward trend in demand growth and fees worked, as well as an improvement in productivity from the beginning to the end of the [last 3 years]. … One possible interpretation of these results is that clients, while still directing some types of work to high-end, fairly specialized, premium firms (like the AmLaw 50) are increasingly willing to move substantially down market to smaller firms (midsize firms) in order to achieve significant price savings.

For purposes of discussion, MidLaw is going to be large-minded about these references to what is “high-end” and what is “down market.” We could have found more directionally accurate terms.

Much in the 18-page report confirms what you’ve heard here at MidLaw for years in multiple posts.

 

The ecosystem of our kind: consultants to consultants to consultants

evolution-013First-of-the-year projections are still arriving at my inbox.

Added to the traditional providers now there’s a lively and growing new ecosystem of law firm consultants. There are all kinds of them. They do M&A, marketing, strategic planning, headhunting, IT, cyber security, all kinds of risk management, and more. Their categories are subdividing, their numbers multiplying. And they are projecting up a storm.

Many report that demand for legal services is growing again. “Exciting,” one of them said this morning. Transactional work for lawyers at all levels is growing, they say.

But just about as many say that demand is flat. That group tends to say that relatively few firms are taking work away from everybody else.

Still others are looking a bit further out. They are assessing artificial intelligence, non-lawyer legal services providers, the growth of legal departments, and the continuing expansion of accounting firms onto old-time lawyer turf. Most of them predict different kinds of long term demise. Some not.

I’m seeing a trend, myself. Demand for law firm consultants is up (it must be because there seem to be so many of them). But, wait, maybe it’s down (it must be because they are marketing so hard with their projections and all).

Anyway, I project a growing market for advisors to law firm consultants. Consultant consultants.  Just like anybody else, law firm consultants need advisors: someone to help them with their elevator speeches; someone to advise them about their mergers; someone to think about the impact of artificial intelligence on what they do.

They need somebody to tell them to be agile. We all do.

Greensboro’s greatest citizen of the 20th Century?

randall-jGot to be Randall Jarrell, right?

Here’s proof. There’s this podcast from London, “Backlisted, a podcast giving new life to old books.” It’s these two Brits with a guest talking (fortnightly) about books. (Awfully good talkers. Listening to them talk is like watching real athletes play pick-up basketball. You might get in the game but you could never keep up.)

Anyway, in September the sixth show was about The Animal Family by Randall Jarrell,  author, poet, critic, UNC-G professor and collaborator with illustrator Maurice Sendak. The extravagance of their appreciation for Jarrell made me wonder why we hear his name so little in Greensboro. Maybe we should have a statue of him to go with the O’Henry one. (O’Henry born here, left; Jarrell came here, stayed.) The Death of the Ball Turret Gunner.

Name somebody else from Greensboro (from NC) they’re talking about in London.

If not him, who?

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