The windows of LNTV HQ are open wide, and if there were flowers nearby we’re sure we’d be able to smell them on the breeze (unfortunately, we have a burger joint nearby, so instead our breeze smells more like cooked meat and onions): yes, it finally feels like Spring has arrived! Now just don’t blame us if this public announcement causes clouds to move in tomorrow…
We’ve had a great week at here at LNTV HQ, where one of our new Writer/Presenters Katy (look out for her in future programmes) interviewed the wonderful Peter Scott (http://www.peterscottconsult.co.uk), to talk about the important subject of cash flow in law firms. The programme is due to be released later in the year, but here’s a sneak peak at some of that interview:
Katy: Running a firm so that it makes a profit has always been an important priority. Why is cash so important now?
Peter Scott: Well, yes, making a profit has always been a priority, and actually I would say that cash flow actually is an even greater priority. Why? Because businesses go bust when the cash runs out. And at this moment cash flow is very important, for a number of reasons. First of all, we’ve been through a recession, through since 2008 until just about now, and law firms have gone bust. Why have they gone bust? Well, the cash has run out. Why? Well, if you look at some of the law firms which actually failed probably most of them were claimant personal injury firms, and personal injury is a very difficult financial model. Why? Because it’s essentially all work in progress. They’re having to carry a lot of work in progress, which is contingent work in progress, usually based upon conditional fee arrangements, and they have to carry that for a long time. They probably have to borrow the money. And then with various changes in fee structures relating to personal injury that’s brought about a collapse there. But also, of course, in relation to cash flow generally we’re now moving out of recession, and if you talk to insolvency practitioners they’ll tell you that the most dangerous time for businesses is when you come out of a recession. Why? Because there’s more work about and because there’s more work about the firms have to finance that work. They might want to take on more people. And, of course, doing the work takes time before you can bill it and collect the cash. So very difficult times. But added to all that we also have the Solicitor’s Regulation Authority, which has made financial management mandatory. It’s a regulatory item now. Of course, good financial management should always have been mandatory, it’s the prudent thing to do, but it’s now a regulatory issue. And under Principle 8 of the SRA Handbook solicitor’s are required to run their businesses or carry out their roles in their businesses effectively, and in accordance with proper governance and sound financial risk management principles. So there you have it, you’ve got to do it. It’s not just good business prudence any longer, it’s regulation, it’s compliance.
Katy: So what is the best way for firms to take control of their cash flow in order to make themselves financially stable?
Peter Scott: Well, the words you’ve just used “take control”, are actually the most important words. Firms actually do need to take control. How? By I think putting in place strong clever financial management, in particular cash management in order to drive cash flow. And some of the things they need to do in particular, first of all, get their partners in to shape, get their partners to accept the principle of being accountable, in other words, doing things they should be doing by the firm rather than following their own personal agendas. Then educating partners, which is crucial. Educating partners in to how to drive cash flow, what they need to do, why is it so important. And then ensuring, for example, in the firm that the firm has the right financial skills, so getting good quality financial expertise on board. I mean they’re three basic, very basic things that firms should be doing in order to take control.
Katy: How can firms encourage their clients to pay promptly?
Peter Scott: Again, you need really to educate and manage your clients. Now you may think that’s an odd thing to say, but clients do need to be educated and managed in terms of how they deal with law firms and the financial side of their matters. So, for example, when you take instructions, crucial that, actually, you take money on account, for example, from clients. You make it clear that all disbursements have to be paid by clients rather than the firm paying out those disbursements. It’s crucial that you agree the frequency of billing with clients, i.e., when you’re going to be billing the clients. And it’s crucial that you agree payment terms with the clients. Now if you can get all those things right and agreed then you tend not to have arguments with clients thereafter. You know, happy clients are paying clients. And also one other in particular thing that you do, if you get all those things right you tend to have a lot less complaints, for example, to the Legal Ombudsman. The largest single area of complaints to the Ombudsman are about lack of financial information given to the client when a matter starts.
That’s us for this week. We hope your cash flow is healthy, and your breeze always smells of flowers, not burgers.