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Developments in The Legal Pricing Function - 2022
Developments in The Legal Pricing Function - 2022
Developments in The Legal Pricing Function - 2022
Optimising profitability
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Nigel Laws, Withers
Contact information 22
Leading these functions are some of the most commercially focused individuals we have
come across in the legal services sector. They are driving far more transformation and
innovation in their firm’s approach to pricing and taking a broader commercial approach.
In the past four years, the remit and influence of pricing functions have also grown and, as
more people are hired from outside of the sector bringing with them fresh ideas, so too
has the sophistication in approaching pricing. Clearly this is a function that is not
going to be disappearing any time soon and, according to our findings, is expected
to continue growing.
In response to the headcount growth and expanding remit, for this report we decided to
survey leaders of pricing functions in the UK top 50 law firms and any international firms
with HQs outside of the UK that have a pricing capability in the UK. The findings have
helped us to shape what we believe is an insightful and interesting document that should
provide readers with a useful understanding of what is happening in pricing functions today
and where they will be heading in the future.
We were also very fortunate to be able to conduct several interviews with today’s pricing
leaders – the results of which can be found in part two of the report, Pricing Perspectives.
Thank you to Adam, Adrian, Nigel and Stuart for your time and candour. Thanks also
to everyone who participated in the survey, without whom this paper would not be as
accurate and revealing as we have been able to make it. We hope you enjoy the report and
would welcome any feedback you have on it.
Thanks, Martyn
Martyn Draper is Head of the Finance Practice at Totum. He works across senior
level finance recruitment at C-suite, Director and ‘Head of’ level – including titles
such as CFO, CFOO, Finance Director, Pricing and Commercial Director, Head of
Finance, Head of Partnership Tax, Head of Business Intelligence, as well as senior
Commercial Finance roles.
1
PART ONE
Pricing survey:
Our findings
Structure and
size of today’s Figure one: What is your firm’s total global revenue?
34%
50
m 0m 0m 0m bn 1b
n
Most respondents (86%) came from
r£ £10 £20 £50 - £1 r£
e - - - e
larger firms, with a global revenue of over
Un
d
0m m m 01
m Ov
£5 01 01 £5
£201m a year, with 21% coming from £1 £2
firms with over £1bn revenue. Findings
therefore often represent larger functions
that may be at a more mature stage of
evolution – see figure one.
3
The pricing leader
In terms of individual respondents, the majority This hypothesis is reinforced by questions pertaining to the
were either Heads of or Directors of Pricing, remit of pricing function leaders. The vast majority (90%)
have a mixed remit, their role covering more than pricing. And
although there was a substantial minority with
while managing pricing – or managing pricing team members
‘commercial’ in their title, including Commercial – certainly takes the brunt of their time (54% spend more than
Director, Head of Pricing & Commercial 60% of their time on pricing – see figure two) the breadth of
Development and Head of Commercial Analysis. other responsibilities is considerable (see figure three).
This commercial leaning is a trend we will return
to on several occasions in this report. It was In particular, 65% have some commercial responsibility taking
pricing firmly from tactics (managing costs) to strategy
also interesting to see a link in some titles to
(delivering sustained profit). Nearly a third (30%) chose the
operations and to marketing and business ‘Other’ option here, citing remits such as client relationship
development. If titles alone could tell a story, it management, propositions, change management and
would be one in which the function is no longer investment decision support. Pricing is tapping into an
only ‘pricing’. ever-wider set of responsibilities.
30%
Percentage of people
20% 19%
10%
0%
0-20% 21-40% 41-60% 61-80% 81% or more
Percentage of time
Figure three: If your role has a mixed remit, what other areas does your role cover?
70% 65%
60%
50%
40% 38%
30%
30%
23% 23%
20% 19%
15%
10%
0%
s ce t l l er
LPM ines t our rcia rcia
me ing Client oardin
and g Oth
Bus gemen Res gemen omme o m t b
a a C C ou n n
Man Man acc tter
o
ma
Half of the members of today’s pricing teams are in pricing-specific roles although 43%
have a combined remit (for example, a combined LPM and Pricing Analyst role). Those
that specified ‘other’ to this question, again pointed to a commercial remit, including
‘commercial decision support’ and ‘pricing and commercial/profitability’ – see figure
four.
Most pricing teams are now following a hybrid model of working – with over half of
pricing teams working in the office for 40% of the time and 60% from home – see figure
five. As pricing expert Stuart Dodds says in our Q&A on page 17, this presents new
challenges for Pricing Heads and Directors, who must be able to balance a growing
workload with teams working both in the office and remotely. This may be particularly
tricky in a function experiencing such fast-paced change.
Figure five: How often is your pricing team now in the office (on average)?
Other 3%
Full-time remote 7%
5
There was a complete 50/50 split to the
question on whether firms have team Figure six: If members of your team are overseas, where are they based?
members based abroad. For those that
do, there was a relatively even split in 40%
terms of location: 40% are in Asia, a third 40%
both in the US and Europe and 20% 33% 33%
in Australia – see figure six.
30%
20%
20%
10%
0%
US Europe Asia Australia
Figure seven: If you have hired people into the team from outside of the legal sector, where have they come from?
80%
70%
61%
60%
50%
44%
40%
20% 17%
10%
6% 6%
0%
0%
ncy
t nal ms ia ion r
Big
5 en and s CG Me
d
uct he
nta es em cies essio s l eco i ng rvice FM r Ot
u
co ic n a g
an of m Te n k
Ba cial s
e nst
Ac ract Ma nsult er pr es fir Co
p h vic a n
co t
O ser fin
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Purpose and remit of the pricing function
The purpose of the pricing team is a key question facing pricing and broader law firm
leadership teams today. As Stuart Dodds says in the Q&A, one of the main reasons for
pricing functions failing to live up to their promise is lack of purpose – something that is
also an easy trap to fall into when teams are bogged down with day-to-day transactional
duties. This is why our survey asked several questions around the chief purpose of
teams and the top priorities for leaders over the next 12-18 months. In response, there
was an interesting alignment of views.
When asked to choose three options to describe the chief purpose of their firm’s pricing function, the highest number
of respondent firms (62%) chose ‘Train partners in pricing agreements/negotiations’, followed by ‘Financial modelling
to enhance profitability’ (55%) and then ‘Improve tools/platforms for pricing more effectively’ (45%) – see figure ten.
Figure ten: How would you describe the chief purpose of your firm’s pricing function?
When leaders were later asked for their top three priorities for
the next 12-18 months, most respondents (62%) again chose
‘Working with, and training, lawyers on pricing principles’, followed
by ‘creating and implementing firm-wide pricing strategy’ (52%)
62% think that training
lawyers/partners in pricing
and ‘Working on pricing systems/technology’ (41%) – see figure
11. Supporting lawyers and partners to discuss pricing issues is both a chief purpose and
with clients will remain a key part of the pricing role ensuring the priority for the pricing function.
continued success of the client engagement process, especially
through times of uncertainty.
9
We are also seeing pricing leaders seeking out the skills they will need for these commercial pricing teams of the future.
When asked ‘What skills/capabilities do you think will be key to the future of successful pricing teams?’, the vast majority of
respondents (82%) chose ‘Commercial/strategic thinking’, followed by ‘Internal relationship management skills’ (54%) and
then the ‘Ability to engage and work with clients’ (43%) – see figure 12.
This is a hugely telling set of results pointing to teams that are fast evolving to become highly strategic and commercial
functions that see themselves at the heart of the future legal business model.
Figure 12: What skills/capabilities do you think will be key to the future of successful pricing teams?
Understanding/using and
implementing pricing 29%
systems technology
Change management
29%
experience
Internal relationship
54%
management skills
Commercial/strategic 82%
thinking
Entrepreneurialism to
innovate pricing models 29%
Figure 13: Are you anticipating your pricing team to grow in Figure 14: What additional headcount do you anticipate?
the next 12 months?
80%
71%
No 25%
60%
40%
24%
20%
5%
Yes 75%
0%
1-2 3-4 5-6
The reasons given for headcount growth are However, 62% of respondents also chose ‘To keep up with
interesting – see figure 15. In response to the workload driven by overall growth of the firm’ and 57% selected
‘To free up pricing leadership for more strategic roles’. Will
question, ‘What is the reason for the increase
pricing leaders be able to set the strategic/commercial agenda
in headcount?’ the majority of respondents
for the future if they are overwhelmed with the day-to-day
(76%) chose ‘To meet expanding remit of the workload? How can pricing teams prioritise the right, most
pricing team’. This was followed by ‘Expansion transformative, work if bogged down in the sheer volume of
to deliver commercial finance priorities’ (62%) tasks sent their way?
and ‘To enable better collaboration with fee
Indeed, when asked ‘From a people-management perspective,
earners/partners/other business services
where do you see the greatest challenges for a Pricing Director/
functions’ (62%) – all in keeping with our Head of Pricing over the next 12 months?’, the biggest response
conclusions drawn above. by far was, ‘Managing heavy workload to prioritise the right
projects’, selected by 71% of respondents, followed by ‘Difficulty
sourcing the right level of pricing skills’, chosen by 57%. These
concerns appear to far outweigh most of the other options
listed, although ‘salary inflation’ is clearly another worry cited by
46% (see figure 16).
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Figure 15: What are the reasons for the increase in headcount?
Figure 16: From a people management perspective, where do you see the greatest challenges for a Pricing Director/
Head of Pricing over the next 12 months?
Personal professional
development 18%
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Pricing team salaries
In a marketplace where candidates are in high demand, it is particularly
difficult to supply accurate advice about salaries as information tends to
go out of date quite quickly. The details supplied below are based on what
Totum has seen London-based firms paying pricing specialists at the levels
described as of September 2022. Unfortunately, we don’t have enough data
to be able to produce regional variations of this information but hopefully it
will at least provide a template, considering London weighting on salaries.
The job titles are those used most frequently; they are interchangeable with
other, similar ones.
Although in the US there have been a growing number of Chief roles (Chief Commercial Officer, Chief
Pricing Officer) we have yet to see that development in the UK legal market.
*Generally we don’t see graduate or school leaver entry roles into pricing – the most junior
positions are usually second jobbers who have had either direct pricing experience in another sector
or are transferring into pricing from a different law firm’s business services department.
**The wider breadth of this bracket will be dependent on levels of responsibility. For instance, a global
role in a Magic / Silver Circle firm will be towards the top end of this bracket, a national role towards the
lower end.
Bonuses
As with most other areas of law firm’s business services functions, bonus
schemes vary widely. More senior level roles (Manager and above) do
tend to receive bonuses more regularly, of between 10 to 30%. The
top end of that range is usually reserved for Head of or Director level
positions. Roles below Manager are often only up to 10% bonus, if at all.
The measurement of bonus payments is often split between firm-wide
and individual performance, with KPIs attached to the latter.
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PART TWO:
Pricing perspectives
Conversations with pricing leaders 2022
17
What is the link between pricing and legal project Expectation management is also key – how much can a team do
management (LPM)? and what should they prioritise? A pricing team may spend as
much time pricing a small deal as a large one. This doesn’t mean
I have managed pricing and LPM. When we talk about pricing
they shouldn’t focus on smaller deals, because they might all add
we talk about a process, it’s what we receive in exchange for
up. But they need to consider where to allocate scarce resources
our services. It’s not just what the price is at the beginning,
to have maximum impact on the firm.
it’s what we get at the end. Pricing delivery is therefore very
important – and it’s that which links LPM and pricing whether What trends do you see for the future of pricing functions?
they’re separate functions or combined.
Pricing teams are going to increase their influence – and
But there is a difference. Pricing in terms of costing can be have much greater focus on technology when pricing and
thought of as who’s going to be doing the work, how long it’s managing a matter, and in how to more effectively integrate
going to take, what is the budget, and what do we manage technical solutions in the delivery of legal solutions (and be paid
against? But then pricing moves to a more strategic level: what appropriately for this efficiency).
is the market telling us, what does the client value? If an LPM is
coming up with the budget and work plan etc, they might share A pricing function might not be right for every firm – for example,
that with the pricing team and ask if that changes the way smaller firms may find the investment required to bring these
they would approach a matter. LPM can often be more detailed skills in house on a full-time basis challenging; developing the
in focus and transactional in nature, whereas pricing is often skills of partners and fee earners through external training may
more strategic and relationship based, but they have to work be a more cost-effective approach.
well together.
But for any business of any size you need to have someone
I don’t’ see pricing and LPM roles directly linked as much these who can drive your approach to pricing rather than making it a
days – they’re typically team mates. Often they come together responsibility for everyone, which ultimately means that no-one
as part of a Legal Operations Team or similar. But by building is responsible.
and developing very rounded skills, they can flip between their
roles quite often and they need to understand what each other
does very well. Stuart Dodds is Co-founder and Principal of
Positive Pricing. He was one of the first and
What do firms chiefly get wrong in their pricing functions? longest serving pricing and LPM directors in
The first thing they get wrong is not having clear the industry, working firstly with Linklaters
sponsorship, which drives stronger visibility and and then Baker McKenzie having previously
engagement of the function and can help support quick been a Management Consultant for 18 years.
wins. And then it’s not having a clear plan of what you want Since co-founding Positive Pricing in 2018, he
to do. You need a road map or direction of travel even if the has subsequently worked with over 50 leading
plan changes over time. professional services firms.
As pricing teams have become more valued, they can also be in Stuart may be contacted at
danger of getting sucked into day-to-day tasks, which means stuart.dodds@positivepricing.com or via
they can get diverted from the transformational goals that can www.positivepricing.com
really impact a firm for the better.
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The commercial shift:
Adrian Avanzato, Ashurst
He always saw the potential to go further with the pricing
function at Ashurst, not just setting it up from scratch, which
he did, but giving it a commercial dimension. ‘We are more
entwined with the commercial life-cycle, not just pricing but
looking at the engagement piece: value propositions, trying to
improve commercial outcomes of all aspects of Ashurst. I have
far greater reach across the business,’ he says.
For the first 12 months at Withers, it was about putting the right
foundation in place, and building out a new pricing programme.
‘It was a clean slate and I have found that opportunity very
fulfilling,’ he says.
And now, amid his many duties, he is busy rolling out pricing and
profitability software – a matter budgeting, pricing and tracking
tool, which delivers data on budgets and costs that support fair
pricing arrangements and help the firm secure better financial
outcomes. ‘The fee-tracking and reporting capability really helps
communication with the client, both in the initial stages and
throughout the engagement,’ says Nigel.
‘Good pricing tools are a key part of the pricing jigsaw,’ he adds.
‘They allow for more informed data-driven decisions when
Nigel Laws, Head of Pricing at Withers, has been part of the pricing and staffing work, and also serve as a central focus
legal pricing world right from the start. Here, he explains how he around which you can build additional pricing infrastructure and
is using his experience to build the pricing function at Withers. communication channels with partners.’
Prior to joining Withers, Nigel Laws worked for 16 years at Allen & Beyond the importance of putting in place the right toolkit, he
Overy (A&O), rising through the ranks from Revenue Information describes change management abilities and commercial acumen
Coordinator and Financial Analyst to his first Pricing Manager as key features of delivering good pricing and profitable growth.
role back in 2011 in the early days of law firm pricing functions. ‘It’s important to have the strategy in place first with the backing
His time at the firm culminated in the role of Senior Manager, of senior management. And then stick to the plan and reinforce
Pricing and Commercial Projects from 2018 to June 2020 – a your messaging as you go along. Our programme here at Withers
trajectory that in itself says something about the changing focuses on five key areas: governance, data, toolkit, charging
pricing landscape over the years as it has become increasingly practices and developing a commercial mindset,’ he says.
strategic.
Right now, predicting the future direction of pricing functions
He recognised the importance of pricing in the wake of the is tricky with there being so much volatility and change in the
financial crisis of 2008, when law firms were coming under world, he says. Pricing professionals will need to be alive to
strain to maintain profitability. ‘This only increased with clients change – it’s a risk to stand still – and continue to be prepared
investing heavily in legal procurement functions,’ he says. ‘Law to put their heads above the parapet. ‘With high cost inflation,
firms had to get better at pricing and there was an opportunity law firms have got a tough year ahead. Optimising profitability
to help the firm's relationship partners front up to the challenge through sound pricing will be key,’ he says.
of fee negotiations to secure good outcomes.’
That pricing has already proved its value through uncertain
He has since seen pricing functions change considerably. times, and is populated with leaders like Nigel who know how
‘Pricing teams are now much more common and they have to meet change head-on, will no doubt put pricing in a central
grown in size and influence, becoming an accepted part of the position to help firms ride out whatever storms lie ahead.
support structure as partners face growing price pressure
from their clients,’ he says. ‘The function has also broadened
its commercial influence although individual teams may vary in
terms of the day-to-day support they provide.’
Nigel Laws is Head of Pricing at Withers
He joined Withers in 2020 as Head of Pricing, bringing
with him wide experience from A&O of advising on pricing
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For more information,
please contact:
Martyn Draper
martyn.draper@totumpartners.com
Dee Deol
dee.deol@totumpartners.com
Caroline Poynton
caroline.poynton@totumpartners.com