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CommBank Legal Market Pulse Conducted by Beaton Research + Consulting February 2016 (Wave 1 FY16)

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Page 1: CommBank Legal Market Pulse...CommBank Legal Market Pulse Conducted by Beaton Research + Consulting February 2016 (Wave 1 FY16) Contents Foreword Expense and profitability predictions1

CommBankLegal Market PulseConducted by Beaton Research + Consulting

February 2016 (Wave 1 FY16)

Page 2: CommBank Legal Market Pulse...CommBank Legal Market Pulse Conducted by Beaton Research + Consulting February 2016 (Wave 1 FY16) Contents Foreword Expense and profitability predictions1

Contents

Foreword 1

Economic outlook 2

Snapshot of survey findings 4

Respondent profile

Office locations 7

Primary practice areas 7

Business conditions

Perceived performance of the Australian economy 8

Perception of business conditions – present to 2018 8

Perception of business conditions – by area 9

Perception of business conditions – by area and tier 9

Market entry 10

Revenue predictions

Changes in revenue over the next 6 months – by location 11

Changes in revenue over the next 6 months – by practice area 12

Increase in revenue – by practice area 13

Decrease in revenue – by practice area 14

Realised rates

Expected changes in realised rates – next 6 and 12 months 15

Expense and profitability predictions

Changes in expenses over the next 6 months 16

Changes in staffing over the next 6 months 17

Change in operating margins over the next 6 months 18

Alternative fee arrangements

Revenue across different fee types 19

Margin on fixed fees relative to hourly rates 19

Type of work with fixed fee quotes 20

People, staff and talent

Turnover of core workforce in the last 6 months 21

Expected change in turnover of core workforce in FY2016 21

Change in remuneration of core workforce in FY2016 22

Percentage of contract workforce across levels 22

Change in proportion of casual/ contract staff headcount 23

Top 3 reasons

Top 3 reasons for staff to remain with a firm 24

Top 3 reasons for staff to leave a firm 25

Outsourcing back office functions – over the last 12 months 26

Outsourcing office functions to a lower cost location - in the last 12 months 26

Gender split across work levels 27

Page 3: CommBank Legal Market Pulse...CommBank Legal Market Pulse Conducted by Beaton Research + Consulting February 2016 (Wave 1 FY16) Contents Foreword Expense and profitability predictions1

1

COMMBANK LEGAL MARKET PULSE – FEBRUARY 2016 (WAVE 1 FY16)

Confidence improves however challenges remain

Marc Totaro National Manager, Professional Services Commonwealth Bank

I am very pleased to bring you the first-half edition of the CommBank Legal Market Pulse for the 2015/16 financial year, conducted in partnership with Beaton Research + Consulting.

The survey found a material improvement in the industry’s perception of current business conditions. While still very much in the negative territory, overall sentiment has risen from net negative 37 per cent in the previous survey to a net negative 18 per cent.

The more positive mood is also evident in the fact that the largest law firms expect realised rates to increase by 0.9 per cent in the next 12 months while mid-tier firms anticipate a rise of 1.2 per cent. In an environment where negotiating price with clients is one of the industry’s greatest challenges, this is a significant finding.

Across both groups of law firms M&A and corporate advisory work is expected to be one of the most lucrative areas for revenue growth in the next 12 months, along with construction, engineering and major infrastructure.

M&A and corporate advisory work is generally more profitable for law firms. Being mission-critical, it is less price sensitive than many other types of work.

The Legal Market Pulse also found that the top three challenges for the legal industry, whilst remaining the same, have deteriorated slightly.

Among those challenges, law firms are struggling to keep staff fully utilised. This is an interesting contrast with the accounting profession where finding and keeping quality staff is problematic. The difference may reflect the accounting firms’ success in diversifying sources of revenue so they’re able to deploy staff into different areas within their business.

There is no doubt that business models continue to evolve, with the prevalence of fixed and capped fee work increasing. Of the fixed fee work, 89 per cent relates to transactional matters and 37 per cent to litigation work.

Large law firms view this as a positive development, with 88 per cent reporting that the margin on their fixed fee work is around the same or higher than the work conducted at standard hourly rates.

CommBank’s Legal Market Pulse captures the industry’s latest views and trends, making it a useful tool for business planning. We value the opportunity of sharing the resulting insights with you.

Email: [email protected] Tel: +61 2 9303 1940

Page 4: CommBank Legal Market Pulse...CommBank Legal Market Pulse Conducted by Beaton Research + Consulting February 2016 (Wave 1 FY16) Contents Foreword Expense and profitability predictions1

2

COMMBANK LEGAL MARKET PULSE – FEBRUARY 2016 (WAVE 1 FY16)

Economic outlook

Diana Mousina Associate Director Economics Commonwealth Bank

The six months since the last CommBank Legal Market Pulse have been volatile for the global economy. There were continuing debates about whether the US central bank (The Federal Reserve) would raise interest rates, pronounced fears about the slowdown in the Chinese economy, collapsing bulk commodity prices, a falling oil price and (finally) an increase in US interest rates. Over 2015, overall current business conditions for Australian corporate and commercial law firms improved but still remained negative. Legal firms continue to be optimistic about the future, a trend that has been consistent in recent Pulse reports. In the latest Legal Market Pulse report, the average legal firm holds a neutral perspective on the expected performance of the Australian economy over the next twelve months. Top-tier law firms are optimistic about the economy’s performance while mid-tier firms are pessimistic.

CommBank’s forecasts assume that the economy grows by 2.75 per cent in 2016. This outcome would be in line with our estimates of potential or “trend” growth. Therefore, we expect the unemployment rate to grind lower during 2016. Nevertheless, unemployment will remain relatively high, keeping a lid on wages growth. Legal firms indicated that on balance, staff numbers are expected to increase. Firms are looking to grow junior lawyers and senior associates/senior lawyers, while shared services staff and secretarial and admin staff numbers are expected to decline.

The risks to the Australian growth story (and rest of the world) from numerous global economic risks look more intense at the beginning of the year. Over the past decade, the global economy became increasingly dependent on China and the rest of emerging Asia to drive economy growth. Therefore, the slowdown in the Chinese economy is a concern. Chinese growth prospects are central to global risks in 2016. We expect the Chinese economy to grow by 6.5 per cent in 2016. Such an outcome would fall short of the likely 7.0 per cent outcome for 2015. But the mathematics of big economies means that lower GDP growth rates should not be too alarming. While the Chinese economy is transitioning from resource-heavy industries to a services-based economy, there will still be important opportunities for Australia. Education and tourism service demand will be important for Australia. These two industries already rank in Australia’s top-five exports.

Another key global risk is around how much further the US Federal Reserve will raise interest rates. The Federal Reserve finally lifted the Fed Funds rate by 25 basis points in December into a 0.25 to 0.50 per cent range. Further rises are pencilled in for 2016. Policymakers are at pains to stress that these rises will be gradual and data dependent. Higher interest rates in the US pose risks to exchange rate markets, particularly in the emerging economies. Emerging market economic growth tends to be sensitive in a time of slower world growth, a higher US dollar and higher US interest rates. But, policymakers in emerging markets have taken steps to strengthen their balance sheets. We see a low chance of an emerging market crisis in 2016.

For the domestic Australian outlook in 2016, there remains a lot of uncertainty around the transition from mining to non-mining led growth. But in our view, Australia is more advanced through the transition than most would probably appreciate. We are already about 70 per cent of the way through the expected decline in mining capex. In terms of the impact on the labour market, we estimate that we are around 60 per cent of the way through the expected decline in mining construction-related jobs.

Page 5: CommBank Legal Market Pulse...CommBank Legal Market Pulse Conducted by Beaton Research + Consulting February 2016 (Wave 1 FY16) Contents Foreword Expense and profitability predictions1

3

COMMBANK LEGAL MARKET PULSE – FEBRUARY 2016 (WAVE 1 FY16)

Policy in Australia remains very accommodative, a big positive given the risks to growth. Low interest rates are continuing to support borrowing and spending. The Australian dollar has now fallen below US$0.70, to a range where the Reserve Bank of Australia is comfortable. This outcome is very positive for Australian exporters and import-competing businesses. Service industries, particularly education and tourism, are noting the positive impacts on their business from the lower currency. We see the Reserve Bank keeping interest rates on hold at 2.0 per cent throughout 2016.

-2

0

2

4

6

8

Long-run average

World growth (annual % change)

Source: IMF

Global recessions

1950 1960 1970 1980 1990 2000 2010

%

1

3

6

8

-80

-40

0

40

Mar-11 Mar-12 Mar-13 Mar-14 Mar-15

Business conditions & growth

Nominal GDPgrowth (rhs)

BusinessConditions

(lhs)

ppts

y%ch

Source: CBA Beaton Legal Pulse Survey, CBA

Page 6: CommBank Legal Market Pulse...CommBank Legal Market Pulse Conducted by Beaton Research + Consulting February 2016 (Wave 1 FY16) Contents Foreword Expense and profitability predictions1

4

COMMBANK LEGAL MARKET PULSE – FEBRUARY 2016 (WAVE 1 FY16)

Snapshot of survey findings

Net % (positive - negative) Net % (increasing – decreasing)

Net % (positive - negative)

Net % (positive - negative)Net % (challenging - easy)

Perceived performance of the Australian economy over the next 12 months is weak overall

Practice areas with highest revenue growth expectations

Top 3 most challenging business elements for law firms

Top-tier firms

Mid-tier firms

Realised rates

74%Keeping staff fully utilised

53%Winning new

business

Top-tier firms Mid-tier firms

Perception of business conditions for law firms suggests muted optimism

Geographic areas with highest revenue growth expectations

At the moment

All firms Top-tier firms Mid-tier firms

W4 FY15 W1 FY16

-37%

-7%

-18%

In 24 months

W4 FY15 W1 FY16

13% 39%16%

In 12 months

W4 FY15 W1 FY16

66%Negotiating price with

clients

40%

22%0%

75% UK / Europe

M&A and corporate advisory

M&A and corporate advisory

Banking and finance

Construction, engineering and major infrastructure

Construction, engineering and major infrastructure

IT, telecoms and media

71% Asia

68% Sydney

67%

48%

67%

33%

67%

43%

+0.7%In the next 6 months

-0.1%In the next 6 months

+0.9%In the next 12 months

+1.2%In the next 12 months

Page 7: CommBank Legal Market Pulse...CommBank Legal Market Pulse Conducted by Beaton Research + Consulting February 2016 (Wave 1 FY16) Contents Foreword Expense and profitability predictions1

5

COMMBANK LEGAL MARKET PULSE – FEBRUARY 2016 (WAVE 1 FY16)

Top-tier firms

Marketing and business development IT hardware and software Staff training and development

Library & knowledge management Telecommunications

Professional indemnity insurance Occupancy

Top-tier firms

Senior lawyers Junior lawyers Paralegals

Equity partners Fixed share / salary partners Secretarial and admin staff Shared service staff

Mid-tier firms

Marketing and business development IT hardware and software Staff training and development

Occupancy

Professional indemnity insurance Telecommunications Library & knowledge management

Mid-tier firms

Equity partners Fixed share / salary partners Senior lawyers Junior lawyers Paralegals

Secretarial and admin staff Shared service staff

Forecast expenses

Staff numbers Turnover of core workforce

Net % (increasing - decreasing)

Net % (increasing - decreasing)

12.6% Junior lawyers

3.1% Equity partners

44%outsourced back office functions

34%outsourced back office functions

22%outsourced office functions to lower

cost locations

14%outsourced office functions to lower

cost locations

5.6% Salaried partners

8.8% Shared service staff

8.9% Paralegals

9.5% Senior lawyers

9.6% Secretarial and admin staff

Outsourcing

Top-tier firms Mid-tier firms

Page 8: CommBank Legal Market Pulse...CommBank Legal Market Pulse Conducted by Beaton Research + Consulting February 2016 (Wave 1 FY16) Contents Foreword Expense and profitability predictions1

6

COMMBANK LEGAL MARKET PULSE – FEBRUARY 2016 (WAVE 1 FY16)

Type of work with fixed fees

89% Transactional matters

Male

Female

37% Litigation matters

Revenue across different fee types

RetainerStandard

hourly rates

42%

Discounted hourly rates

26%

Fixed fee for a matter

19%

Hybrid

8% 3%

Gender split across work levels

Equity partners

Salaried partners

Senior lawyers

Junior lawyers Paralegals

Shared service staff

Secretarial / admin staff

1732

52 57

7663

88

8368

48 43

24 37

11

Page 9: CommBank Legal Market Pulse...CommBank Legal Market Pulse Conducted by Beaton Research + Consulting February 2016 (Wave 1 FY16) Contents Foreword Expense and profitability predictions1

7

COMMBANK LEGAL MARKET PULSE – FEBRUARY 2016 (WAVE 1 FY16)

Respondent profile

Office locations

Brisbane UK / EuropeMelbourneSydney AsiaAdelaide OtherPerth Canberra

%

6353 53

4232

21 1813

24

0

20

40

60

80

100

Primary practice areas

Litigation and dispute resolution

Property, environment and planning

M&A and corporate advisory

Insolvency and restructuring

Other general commercial work

Employment, workplace and OH&S

Banking and �nance

Insurance

Construction, engineering and major infrastructure

Competition, consumer law and trade practices

Intellectual property

Government

Energy and resources

Taxation

IT, telecoms and media

0 20 40 60 80 100

10089

8484

827979

717171

666363

6158

Page 10: CommBank Legal Market Pulse...CommBank Legal Market Pulse Conducted by Beaton Research + Consulting February 2016 (Wave 1 FY16) Contents Foreword Expense and profitability predictions1

8

COMMBANK LEGAL MARKET PULSE – FEBRUARY 2016 (WAVE 1 FY16)

Business conditions

Perceived performance of the Australian economy

Law firm leaders are somewhat less pessimistic about the Australian economy compared to the last report.

47 64

-30

23

-18

18

Net

%

Net % (positive - negative)Positive Neutral Negative

-7 0

-60

-40

-20

60

80

100

0

20

40

Wave 4 FY15 Wave 1 FY16

Perception of business conditions – present to 2018

Perception of current business conditions has improved in the short term.

-37

-18

13 16

40 39

Wave 4 FY15 Wave 1 FY16Likely to be in 12 months’ time

Wave 4 FY15 Wave 1 FY16Likely to be in 2 years’ time

Wave 4 FY15 Wave 1 FY16At the moment

Net

%

-60

-40

-20

0

20

40

60

80

Page 11: CommBank Legal Market Pulse...CommBank Legal Market Pulse Conducted by Beaton Research + Consulting February 2016 (Wave 1 FY16) Contents Foreword Expense and profitability predictions1

9

COMMBANK LEGAL MARKET PULSE – FEBRUARY 2016 (WAVE 1 FY16)

Perception of business conditions – by area Perception of business conditions has dropped across all areas, compared with the previous report.

Wave 1 FY16Wave 4 FY15

Accessing capital

Keeping staff fully utilised

Negotiating price with clients

Winning new business

Competing with other firms

Collecting invoices

Finding quality staff

Keeping expenses under

control

Keeping quality staff

57

0 3

-10-27

-47 -50-60 -60

42

-5 -8

-29 -32

-50 -53-66

-74

-100

-80

-60

-40

-20

0

20

40

60

80

100

Net

% (

easy

- c

halle

ngin

g)

Perception of business conditions – by area and tier

Top-tier firms are finding business conditions less challenging than mid-tier firms across all areas other than keeping quality staff.

63 67

0

-22

0

33

0

-11

13

-11

5534

0 0 5

-21 -14-34 -41 -38

Mid-tier firmsTop-tier firms

Net

% (

easy

- c

halle

ngin

g)

-40

-20

0

20

-60

40

60

80

100

Wave 4 FY15 Wave 1 FY16Accessing capital

Wave 4 FY15 Wave 1 FY16Collecting invoices

Wave 4 FY15 Wave 1 FY16Finding quality staff

Wave 4 FY15 Wave 1 FY16Keeping expenses

under control

Wave 4 FY15 Wave 1 FY16Keeping quality staff

-13

-44-25

-44 -50 -44 -38 -44-59 -52 -59 -55

-64-72 -68

-83

Mid-tier firmsTop-tier firms

Competing with other firmsWave 4 FY15 Wave 1 FY16

Winning new businessWave 4 FY15 Wave 1 FY16

Negotiating price with clientsWave 4 FY15 Wave 1 FY16

Keeping staff fully utilisedWave 4 FY15 Wave 1 FY16

Net

% (

easy

- c

halle

ngin

g)

-40

-20

0

-80

-60

-100

20

40

60

80

100

Page 12: CommBank Legal Market Pulse...CommBank Legal Market Pulse Conducted by Beaton Research + Consulting February 2016 (Wave 1 FY16) Contents Foreword Expense and profitability predictions1

10

COMMBANK LEGAL MARKET PULSE – FEBRUARY 2016 (WAVE 1 FY16)

Market entry

The top three practice areas law firms are looking to grow are 1) Property, environment and planning; 2) Litigation and dispute resolution; and 3) M&A and corporate advisory.

29

1016

23

3229

6

39

32 29 29 26 26 26 26 24

Wave 1 FY16Wave 4 FY15

Property, environmentand planning

GovernmentOther general commercial work

Employment, workplace and OH&S

Banking and finance

Construction, engineering and

major infrastructure

M&A and corporate advisory

Litigation and dispute

resolution

0

10

20

30

40

50

60

%

Wave 1 FY16Wave 4 FY15

Intellectual property(includes PTA and

IP disputes)

Insolvency and restructuring

IT, telecoms and media

Energy and resources

Competition, consumer law and

trade practices

TaxationInsurance

16

63

19

3

10

1816

10 11 11 11 11 11

0

10

20

30

40

50

60

%

Page 13: CommBank Legal Market Pulse...CommBank Legal Market Pulse Conducted by Beaton Research + Consulting February 2016 (Wave 1 FY16) Contents Foreword Expense and profitability predictions1

11

COMMBANK LEGAL MARKET PULSE – FEBRUARY 2016 (WAVE 1 FY16)

Revenue predictions

Changes in revenue over the next 6 months – by location

Optimism in Sydney is being driven by top-tier firms, however in Canberra it is being driven by mid-tier firms.

Mid-tier firmsTop-tier firms

UK / EuropeWave 4 FY15 Wave 1 FY16

AsiaWave 4 FY15 Wave 1 FY16

SydneyWave 4 FY15 Wave 1 FY16

CanberraWave 4 FY15 Wave 1 FY16

8675

8667 63

75

3325

100

0

67

100

50 5060

100

Net

% (

incr

easi

ng -

dec

reas

ing)

-40

-20

0

20

40

60

80

100

71

3829

13

100

0

2914

53 50

2942

0

31 29

-20

Mid-tier firmsTop-tier firms

MelbourneWave 4 FY15 Wave 1 FY16

BrisbaneWave 4 FY15 Wave 1 FY16

AdelaideWave 4 FY15 Wave 1 FY16

PerthWave 4 FY15 Wave 1 FY16 N

et %

(in

crea

sing

- d

ecre

asin

g)

-40

-20

0

20

40

60

80

100

Page 14: CommBank Legal Market Pulse...CommBank Legal Market Pulse Conducted by Beaton Research + Consulting February 2016 (Wave 1 FY16) Contents Foreword Expense and profitability predictions1

12

COMMBANK LEGAL MARKET PULSE – FEBRUARY 2016 (WAVE 1 FY16)

Changes in revenue over the next 6 months – by practice area

Top-tier firms are forecasting greatest net growth across Construction, engineering and major infrastructure, M&A and corporate advisory and Banking and finance practice areas.

Mid-tier firms forecast highest net increase across M&A and corporate advisory and IT, telecoms and media practice areas.

Mid-tier firmsTop-tier firms

Net

% (

incr

easi

ng -

dec

reas

ing)

75 6750

6343

6786

5643 44

3348

36 43 4433

19 25

54

27

-40

-20

0

20

40

60

80

100

Wave 4 FY15 Wave 1 FY16M&A and

corporate advisory

Wave 4 FY15 Wave 1 FY16Government

Wave 4 FY15 Wave 1 FY16Intellectual property

Wave 4 FY15 Wave 1 FY16Construction, engineering

and major infrastructure

Wave 4 FY15 Wave 1 FY16IT, telecoms and media

38

67 63

33

5744

2544

63

1125 19 18

31

57

24

62

1629 28

Mid-tier firmsTop-tier firms

Net

% (

incr

easi

ng -

dec

reas

ing)

-40

-20

0

20

40

60

80

100

Wave 4 FY15 Wave 1 FY16

Banking and finance

Wave 4 FY15 Wave 1 FY16

Competition, consumer law and trade practices

Wave 4 FY15 Wave 1 FY16

Property, environment and planning

Wave 4 FY15 Wave 1 FY16

Employment, workplace and OH&S

Wave 4 FY15 Wave 1 FY16

Litigation anddispute resolution

20 17 25 22

71

0

33

0

50

11

3821

46

14 21 22

60

21 15

-13

Mid-tier firmsTop-tier firms

Net

% (

incr

easi

ng -

dec

reas

ing)

-40

-20

0

20

40

60

80

100

Wave 4 FY15 Wave 1 FY16Other general

commercial work

Wave 4 FY15 Wave 1 FY16Energy and resources

Wave 4 FY15 Wave 1 FY16Insurance

Wave 4 FY15 Wave 1 FY16Insolvency and restructuring

Wave 4 FY15 Wave 1 FY16Taxation

Page 15: CommBank Legal Market Pulse...CommBank Legal Market Pulse Conducted by Beaton Research + Consulting February 2016 (Wave 1 FY16) Contents Foreword Expense and profitability predictions1

13

COMMBANK LEGAL MARKET PULSE – FEBRUARY 2016 (WAVE 1 FY16)

Increase in revenue – by practice area

Among firms who have seen an increase in revenue compared to this time last year, the main practice areas of growth are 1) M&A and corporate advisory and 2) Property, environment and planning.

Mid-tier firmsTop-tier firms

Insolvency and restructuring

GovernmentConstruction, engineering and major infrastructure

InsuranceLitigation and dispute resolution

Property, environmentand planning

M&A and corporate advisory

86

29 2914

2943

0

31

54

31 31

158

31

0102030405060708090

100

%

Mid-tier firmsTop-tier firms

Intellectual property

Energy and resources

TaxationCompetition, consumer law and

trade practices

Employment, workplace and OH&S

Banking and financeOther generalcommercial work

29

14

29

14 14

0 0

15 158 8 8 8 8

0

10

20

30

40

50

60

%

Page 16: CommBank Legal Market Pulse...CommBank Legal Market Pulse Conducted by Beaton Research + Consulting February 2016 (Wave 1 FY16) Contents Foreword Expense and profitability predictions1

14

COMMBANK LEGAL MARKET PULSE – FEBRUARY 2016 (WAVE 1 FY16)

Decrease in revenue – by practice area

The main decline among mid-tier firms since the last report is in Litigation and dispute resolution and Other general commercial work practice areas.

Mid-tier firmsTop-tier firms

50

0

50

0

50 50

36 36

18

27

18 18

0

10

20

30

40

50

60

Litigation and dispute resolution

M&A and corporate advisory

Insolvency and restructuring

Energy and resources

Employment, workplace and OH&S

Other general commercial work

%

0

50 50

0 0 0

18

9 9 9 9 9

Mid-tier firmsTop-tier firms

0

10

20

30

40

50

60

Banking and finance TaxationConstruction, engineering and major infrastructure

Competition, consumer law and

trade practices

Property, environmentand planning

Insurance

%

Page 17: CommBank Legal Market Pulse...CommBank Legal Market Pulse Conducted by Beaton Research + Consulting February 2016 (Wave 1 FY16) Contents Foreword Expense and profitability predictions1

15

COMMBANK LEGAL MARKET PULSE – FEBRUARY 2016 (WAVE 1 FY16)

Realised rates

Expected changes in realised rates – next 6 and 12 months

The forecast decline in realised rates is being driven by top-tier firms.

Mid-tier firmsTop-tier firms

In the next 6 months (as compared to the last 6 months)Wave 4 FY15 Wave 1 FY16

In the next 12 months (as compared to the last 6 months)Wave 4 FY15 Wave 1 FY16

Mea

n %

2.9

0.7

2.9

0.90.6

-0.1

0.9 1.2

-2.0

0

2.0

4.0

6.0

Page 18: CommBank Legal Market Pulse...CommBank Legal Market Pulse Conducted by Beaton Research + Consulting February 2016 (Wave 1 FY16) Contents Foreword Expense and profitability predictions1

16

COMMBANK LEGAL MARKET PULSE – FEBRUARY 2016 (WAVE 1 FY16)

Expense and profitability predictions

Changes in expenses over the next 6 months

Top-tier firms forecast a significant increase in expenses across all areas except Occupancy. Mid-tier firms expect the greatest increase in Marketing and business development.

Mid-tier firmsTop-tier firms

Marketing & business developmentWave 4 FY15 Wave 1 FY16

IT hardware & softwareWave 4 FY15 Wave 1 FY16

Staff training & developmentWave 4 FY15 Wave 1 FY16

OccupancyWave 4 FY15 Wave 1 FY16

-14

67

14

56

-14

44

14

-44

3245 41 38

921 23

0

-60

-40

-20

0

20

40

60

80

100

Net

% (

incr

easi

ng -

dec

reas

ing)

Mid-tier firmsTop-tier firms

Library and knowledge managementWave 4 FY15 Wave 1 FY16

TelecommunicationsWave 4 FY15 Wave 1 FY16

Professional indemnity insuranceWave 4 FY15 Wave 1 FY16

-29 -27

0

-17 -18 -11 -14

-57 -57

-23

-0

-17

-100

-80

-60

-40

-20

0

20

40

Net

% (

incr

easi

ng -

dec

reas

ing)

Page 19: CommBank Legal Market Pulse...CommBank Legal Market Pulse Conducted by Beaton Research + Consulting February 2016 (Wave 1 FY16) Contents Foreword Expense and profitability predictions1

17

COMMBANK LEGAL MARKET PULSE – FEBRUARY 2016 (WAVE 1 FY16)

Changes in staffing over the next 6 months

The forecast decrease in partner numbers is being driven by top-tier firms.

Mid-tier firmsTop-tier firms

Equity partner numbersWave 4 FY15 Wave 1 FY16

Fixed share / salary partner numbers

Wave 4 FY15 Wave 1 FY16Senior Associates /

senior lawyers numbers

Wave 4 FY15 Wave 1 FY16Junior lawyer numbers

Wave 4 FY15 Wave 1 FY16

25

-22

14

-13 -13

110

332714

3628 27 28 32 31

Net

% (

incr

easi

ng -

dec

reas

ing)

-60

-40

-20

0

20

40

60

80

Mid-tier firmsTop-tier firms

Paralegals numbersWave 4 FY15 Wave 1 FY16

Secretarial and admin staff numbersWave 4 FY15 Wave 1 FY16

Shared service staff numbers(e.g. Marketing, IT, Finance, HR)

Wave 4 FY15 Wave 1 FY16

Net

% (

incr

easi

ng -

dec

reas

ing)

-38

11

-38-22

-44

-63

5 7

-14 -14 -14 -17

-80

-60

-40

-20

0

20

40

40

80

Page 20: CommBank Legal Market Pulse...CommBank Legal Market Pulse Conducted by Beaton Research + Consulting February 2016 (Wave 1 FY16) Contents Foreword Expense and profitability predictions1

18

COMMBANK LEGAL MARKET PULSE – FEBRUARY 2016 (WAVE 1 FY16)

Change in operating margins over the next 6 months

Top-tier firm leaders forecast a significant increase in operating margins, whereas mid-tier firms expect the opposite.

Mid-tier firmsTop-tier firms

Net

% (

incr

easi

ng –

dec

reas

ing)

-13

1822

3

-40

-20

0

20

40

Wave 4 FY15 Wave 1 FY16

Page 21: CommBank Legal Market Pulse...CommBank Legal Market Pulse Conducted by Beaton Research + Consulting February 2016 (Wave 1 FY16) Contents Foreword Expense and profitability predictions1

19

COMMBANK LEGAL MARKET PULSE – FEBRUARY 2016 (WAVE 1 FY16)

Alternative fee arrangements

Revenue across different fee types

Revenue is still predominantly derived from hourly rates. However, almost 20% of all firms revenue, irrespective of size, is now coming from fixed fees.

Mid-tier firmsTop-tier firmsTotal

41.6

25.6

19.2

8.12.7 2.8

36.1

30.0

19.4

11.9

2.60.0

43.3

24.219.2

6.92.8 3.6

0.0

5.0

10.0

15.0

20.0

25.0

30.0

35.0

40.0

45.0

50.0

Standard hourly rates

Discounted hourly rates

Fixed feefor a matter

Hybrid of fixed fee and hourly rates

Retainer Other

%

Margin on fixed fees relative to hourly rates

Top-tier firms are pricing their fixed fee work more profitably compared to their mid-tier counterparts.

Mid-tier firmsTop-tier firmsTotal

14

43

31

1113

0

75

1315

56

1911

0

10

20

30

40

50

60

70

80

Higher Lower About the same Not sure

%

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20

COMMBANK LEGAL MARKET PULSE – FEBRUARY 2016 (WAVE 1 FY16)

Type of work with fixed fee quotes

Fixed fee work is predominantly on transactional matters. Top-tier firms are more likely to provide fixed fee work on litigation matters than mid-tier firms.

Mid-tier firmsTop-tier firmsTotal

89

37

14

88

50

13

89

33

15

0

10

20

30

40

50

60

70

80

90

100

Transactional matters Litigation matters Other

%

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21

COMMBANK LEGAL MARKET PULSE – FEBRUARY 2016 (WAVE 1 FY16)

People, staff and talent

Turnover of core workforce in the last 6 months

Staff turnover is highest amongst Junior lawyers.

Wave 1 FY16Wave 3 FY15

Mea

n %

10.5

2.83.9

7.7

9.7

7.5 8.19.7

13.2

3.1

5.6

9.5

12.6

8.9 8.89.6

0.0

2.0

4.0

6.0

8.0

10.0

12.0

14.0

Secretarial and admin staff

Shared service staff

Total core workforce

Equity partners

ParalegalsJunior lawyersSenior Associates / senior lawyers

Fixed share / salary partners

Expected change in turnover of core workforce in FY2016

Firms expect turnover of Junior lawyers to continue at a higher rate compared to the previous report. On the other hand, they expect turnover of Fixed share/salary partners and Senior lawyers to decrease.

Wave 1 FY16Wave 3 FY15

Secretarial and admin staff

Shared service staff

Total core workforce

Equity partners

ParalegalsJunior lawyersSenior Associates / senior lawyers

Fixed share / salary partners

10

3

21

28

7

14

-7

10

19

63

14

25

8

-3-6

-10

-5

0

5

10

15

20

25

30

35

40

Net

% (

incr

easi

ng -

dec

reas

ing)

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COMMBANK LEGAL MARKET PULSE – FEBRUARY 2016 (WAVE 1 FY16)

Change in remuneration of core workforce in FY2016

Average remuneration in FY2016 is expected to increase at a lower rate compared to the previous report, especially among salary partners and senior lawyers.

Wave 1 FY16Wave 3 FY15

Secretarial and admin staff

Shared service staff

Total core workforce

Equity partners

ParalegalsJunior lawyersSenior Associates / senior lawyers

Fixed share / salary partners

2.32.8

3.53.1

2.7

1.0 1.1 1.01.3

3.3

1.6

2.12.3

1.1 1.1

0.6

0.0

0.5

1.0

1.5

2.0

2.5

3.5

3.5

4.0

Mea

n %

Percentage of contract workforce across levels

Paralegals are most likely to adopt contract roles in the workforce.

Wave 1 FY16Wave 3 FY15

0.9 1.8 2.0

17.7

6.6 6.0

0.72.8 2.8

10.0

6.75.2

0.0

2.0

4.0

6.0

8.0

10.0

12.0

14.0

16.0

18.0

20.0

Fixed share / salary partners

Senior Associates / senior lawyers

Junior lawyers Paralegals Shared service staff

Secretarial and admin staff

Mea

n %

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COMMBANK LEGAL MARKET PULSE – FEBRUARY 2016 (WAVE 1 FY16)

Change in proportion of casual/contract staff headcount

Law firms leaders expect a decrease in contract roles across all levels compared to previous report.

Wave 1 FY16Wave 3 FY15

Fixed share / salary partners

Senior Associates / senior lawyers

Junior lawyers Paralegals Shared service staff

Secretarial and admin staff

Net

% (

incr

easi

ng –

dec

reas

ing)

7

18

34

1821

18

-3

9

2015

96

-10

-5

0

5

10

15

20

25

30

35

40

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COMMBANK LEGAL MARKET PULSE – FEBRUARY 2016 (WAVE 1 FY16)

Top 3 reasons for staff to remain with a firm

Quality

Opportunity

Conditions

“ Great clients and excellent work experience”

– CEO / Managing Partner, Mid-tier firm

“ Quality of clients and work”

– CEO / Managing Partner, Top-tier firm

“ Quality and availability of mentoring and development”

– Chief Operating Officer / General Manager, Top-tier firm

“ Positive culture - people enjoy coming to work and where there are defined values which are respected”

– Chief Operating Officer / General Manager, Mid-tier firm

“ Satisfied with current role or positive about future prospects”

– Chief Operating Officer / General Manager, Top-tier firm

“ Opportunity to work on interesting and challenging client matters”

– Chief Operating Officer / General Manager, Mid-tier firm

“ Working conditions - culture, hours, firm management, quality of direct supervision, location”

– CEO / Managing Partner, Mid-tier firm

“ Opportunities for learning and career growth”

– Chief Operating Officer / General Manager, Mid-tier firm

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COMMBANK LEGAL MARKET PULSE – FEBRUARY 2016 (WAVE 1 FY16)

Top 3 reasons for staff to leave a firm

Recognition

Opportunity

Management

“ They are uncomfortable working in a law business rather than a law practice”

– Chief Operating Office / General Manager, Mid-tier firm

“ Lack of opportunity or quality work”

– CEO / Managing Partner, Mid-tier firm

“ Unhappy with direct management that is provided to them in their role”

– CEO / Managing Partner, Mid-tier firm

“ Annoying or unpleasant supervision: micromanagement or arrogance”

– Chief Operating Officer / General Manager, Mid-tier firm

“ Disengaged and under valued. Higher remuneration”

– Chief Operating Officer / General Manager, Top-tier firm

“ Lack of strategic direction. Lack of quality management. Firm not keeping up with technological changes”

– Chief Operating Officer / General Manager, Top-tier firm

“ Inability to match other benefits that may be provided at larger workplaces - paid maternity leave for non professionals”

– CEO / Managing Partner, Mid-tier firm

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COMMBANK LEGAL MARKET PULSE – FEBRUARY 2016 (WAVE 1 FY16)

Outsourcing back office functions – over the last 12 months

The proportion of mid-tier firms who have outsourced back office functions has increased significantly over the last 12 months.

5044

9

34

0

10

20

30

40

50

Wave 3 FY15

Mid-tier

Wave 1 FY16

% Y

es

Top-tier

60

Outsourcing office functions to a lower cost location - in the last 12 months

The proportion of top-tier firms who have moved office functions to lower cost locations has decreased over the last 12 months.

50

2217

14

0

10

20

30

40

50

60

Wave 3 FY15

Mid-tier

Wave 1 FY16

% Y

es

Top-tier

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27

COMMBANK LEGAL MARKET PULSE – FEBRUARY 2016 (WAVE 1 FY16)

Gender split across work levels

Partners in law firms are predominately males. Paralegals and non fee-earners are predominantly females.

Equity partners Secretarial and admin staff

Shared service staffParalegalsJunior lawyersSenior Associates /senior lawyers

Fixed share / salary partners

FemaleMale

82.6

68.4

48.242.8

24.1

37.3

11.617.4

31.6

51.857.2

75.9

62.7

88.4

0.0

10.0

20.0

30.0

40.0

50.0

60.0

70.0

80.0

90.0

100.0

%

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Further information

Things you should know: This report is published solely for information purposes. As this report has been prepared without considering your objectives, financial situation or needs you should consider the appropriateness to your circumstances and, if necessary, seek appropriate professional advice. This quarterly report has been prepared independently by Beaton Research + Consulting and is commissioned by Commonwealth Bank. The confidential online survey used to prepare this report was undertaken by Beaton Research + Consulting in October to November 2015. The report is based on the views of 38 law firms across Australia. Any opinions, conclusions or recommendations are reasonably held or made based on the information available at the time of its compilation. No representation or warranty, either expressed or implied, is made or provided as to the accuracy, reliability or completeness of any statement made in this report. The project was undertaken in compliance with the requirements of ISO 20252. Commonwealth Bank of Australia ABN 48 123 123 124.

About Beaton Research + Consulting

Beaton Research + Consulting is a full-service research firm which offers a full range of solutions for professional services firms, financial services firms and associations. Their expertise includes benchmarking, thought leadership, brand solutions, customised solutions and client satisfaction.

For further insights or information, please contact:Marc Totaro, National Manager Professional Services

Mobile: 0477 739 315 Phone: +61 2 9303 1940 Email: [email protected] Web: commbank.com.au/legalmarketpulse

For media inquiries, please contact:Bethany Poore, Public Relations Advisor

Phone: +61 2 9303 1259 Email: [email protected]