Financial Benchmarking 2014 The 2014 survey of law firms in Scotland John Pollock and Andrew Otterburn Contents Foreword from the President of the Law Society of Scotland and Convener of the Remuneration Committee 3 About the authors 4 1 Executive summary 5 2 Introduction 6 3 Overall results 8 4 Sole principals 22 5 2-4 partner firms 30 6 5-9 partner firms 37 7 10+ partner firms 46 8 Salaries 54 9 Characteristics of the most profitable firms 59 10 Hourly cost 62 All rights reserved. No part of this publication may be reproduced in any material form, whether by photocopying, scanning, downloading onto computer or otherwise without the written permission of the Law Society of Scotland. © The Law Society of Scotland 2015 Published by: The Law Society of Scotland 26 Drumsheugh Gardens, Edinburgh, EH3 7YR 2 The Law Society of Scotland Graham Matthews Convener, Remuneration Committee Alistair Morris President Foreword from the President of the Law Society of Scotland and Convener of the Remuneration Committee The Society’s latest financial benchmarking survey report shows improving fortunes for law firms, with small to mid-sized firms showing the biggest increase in profits per equity partner in 2014. Our annual survey of firms’ financial performance gives us a picture of the overall health of the profession, and the results from the 2014 survey, which show an almost 8% increase in overall profits per equity partners of law firms, support increasing optimism expressed across the profession. The report shows that smaller firms have largely driven the rise, with 2-4 partner firms showing a 17% increase in profits per partner from 2013. Larger firms continue to achieve the highest profits per partner, although this year showed a drop from 2013 figures back to 2012 levels for profit per partner, indicating that there is still some way to go before we experience pre-recession profit levels. Overall, however, the legal sector has largely been successful in weathering the economic storm of recent years. We have seen significant consolidation within Scotland’s legal sector, including cross-border mergers with firms in England and Wales and global law firms. Some high-profile firms have failed, but these have been few and, despite the downturn and pretty sluggish recovery, the Scottish solicitor profession now has more than 11,000 solicitors for the first time ever. In addition to the economic climate, digitalisation and technology, globalisation and new entrants to the market have all contributed to a period of unprecedented change for the sector. However, what remains key to running a successful law firm is that solicitors require to be excellent business managers, as well as having the legal knowledge and skills expected of them by their clients. This year’s report highlights that, while there are improved bank balances, cash flow remains key and, for many firms, getting paid promptly remains a major issue. Managing cash flow and credit control is essential for any business so being clear with clients about the cost and billing arrangements is vital. The Society is there to support its members and offers training and information on a whole range of business management and financial planning topics. We would recommend that you take a look at our website www.lawscot.org.uk and talk to the Society’s professional support team about how we can help. We would also like to take this opportunity to thank everyone from all 185 firms who took time to complete the 2014 survey. We know that many solicitors find the report a highly useful and important management tool which enables them to measure their own performance as well as benchmark their firm with other similar practices whether by size or location, or both. We hope you find this year’s report an interesting and informative read. Alistair Morris and Graham Matthews 3 The Law Society of Scotland About the authors Dr John Pollock, a consulting actuary, has been responsible for the administration and statistical aspects of the cost of time survey since 2002 and is a member of the Law Society of Scotland Remuneration Committee. John is well known to personal injury, employment and family law solicitors in Scotland through his expert witness work at Pollock & Galbraith Consulting Actuaries. Andrew Otterburn is a management consultant and has advised around 250 firms on their management and profitability. He has helped in the development of the cost of time survey since 1999, working initially with Professor John McCutcheon and now with Dr John Pollock. Author of “Profitability & Law Firm Management” (Law Society 2007), his new book, “From Recession to Upturn – financial management and strategy for law firms”, was published by the Law Society of Scotland in 2010. Dr John Pollock Andrew Otterburn 4 The Law Society of Scotland 1 Executive summary The 2014 survey of law firms in Scotland is based on information provided by 185 firms, representing 16% of firms in Scotland. As far as we are aware, it is the largest annual financial survey undertaken by any European bar association. Overall totals • Total fee income – £227 million, of which £75 million was in respect of court work and £12 million was legal aid; • Fee income of the 11 firms with more than 10 partners – £148 million. Profitability • Overall profitability rose slightly from a median of £64,000 per equity partner to £69,000 this year. The increase is driven purely by 2-4 partner firms, with all other size groups seeing profits fall; • The profitability of firms in Scotland is lower than the rest of the UK, with the RBS/NatWest 2014 Financial Benchmarking Report indicating median profit per partner of £107,000; • It should be noted that “profit” is before any allowance for a salary and is before tax. An equity partner’s ability to actually take any income is also dependent on the cash being available and that is not always the case, especially where a firm is expanding. Sole principals • The median profit for sole principals fell from £47,000 to just £41,000; • The profitability of sole principals is especially poor in Glasgow where the median was just £26,000; • These very small firms often undertake legal aid and provide a key service within their communities. 2-4 partner firms • The profitability and viability of 2-4 partner firms is much healthier with a median profit per equity partner of £74,000, up from £64,000 last year; • Capital per equity partner has increased this year for 2-4 partner country firms – from £37,000 last year to £54,000 this year. Firms in Glasgow saw capital fall slightly; • Fees per equity partner are very much higher for 2-4 partner firms than for sole principals and have improved in all areas compared to last year. 5-9 partner firms • These firms achieved median profits of £92,000 per equity partner; • 5-9 partner country firms saw profits rise and a significant improvement in their bank balances from a median of £30,000 last year to £128,000 this year; • Despite the higher levels of profit, median capital per equity partner for 5-9 partner country firms fell to just £52,000 – down from £87,000 last year. 10+ partner firms • Median profit per equity partner for 10+ firms was £163,000. Whilst these profits might appear high, it should be noted that these are far lower than the top 100 UK law firms generally; • Retained capital per equity partner was a median of £166,000 and in a quarter of firms was over £264,000. 5 The Law Society of Scotland 2 Introduction A total of 185 firms participated in the 2014 survey, representing 16% of the 1,192 firms in Scotland. As far as we are aware, it is the largest annual survey undertaken by any bar association in Europe. A response rate of this level for a voluntary survey continues to be good compared to other surveys of professional firms. Overall totals: • Total fee income – £227 million, of which £75 million was in respect of court work and £12 million was legal aid; • Fee income of the 11 firms with more than 10 partners – £148 million. The size and location of the firms is summarised below, based on the total number of partners each firm has – equity and salaried. Size and location of participating firms Number of partners Edinburgh Glasgow Aberdeen, Dundee, Perth Country 1 13 17 3 43 2-4 7 22 10 46 5-9 1 1 2 9 10+ 7 4 0 0 Total 28 44 15 98 Total 76 85 13 11 185 The 185 firms comprise 1,761 fee earners. Equity partners Salaried partners Associates Qualified assistants Consultants Trainees Unqualified assistants 2014 518 151 271 293 35 160 333 1,761 2013 566 186 272 289 31 175 398 1,917 1,045 of the 1,761 fee earners were working in the 11 largest firms. The “average” financial year-end was 31 December 2013, with one quarter before 31 August 2013 and one quarter after 31 March 2014. 6 The Law Society of Scotland 2 Introduction The survey has been conducted each year since 1984 and every firm in Scotland is invited to take part. A total of 81% of the 185 firms had participated last year, with 71% having contributed in each of the last three years. Although it would be helpful to have a greater overall level of participation, and more new contributing firms, this group of committed participants does contribute a measure of stability to the results. The sample is self-selecting and this may introduce bias into the results in a manner that is not directly quantifiable. There is a relative under-participation by sole practitioners and a relative over-participation of firms with 2-4 partners. Each graph and table shows the median together with the lower and upper quartiles. The median is the middle value in the range and is not influenced by the magnitude of the extreme values (as the arithmetic average or mean can be). The quartiles indicate the range of values. A total of 25% of firms are below the lower quartile, and 25% of firms are above the upper quartile. The median figures are generally reliable, being based on fairly large samples. The quartiles are reliable for the largest categories but should not be relied upon for the smaller groupings, where numbers can be very small. It is important to note that prior to the 2013 survey, the classification of firms was by the number of equity partners. Last year, the classification was changed and is now based on the total number of partners – equity and salaried. 7 The Law Society of Scotland 3 Overall results Profitability Profitability is key to financial success and the chart indicates that overall profitability has increased slightly this year. This overall rise was largely due to the better performance of the 2-4 partner firms that participated, indeed all other size groups saw a decline in profits compared to last year. Profit per equity partner (median) £’ooo 250 200 1 150 2-4 100 5-9 50 10+ All firms 0 2006 2007 2008 2009 2101 2011 2012 2013 2014 1 77 77 92 55 49 46 53 47 42 2-4 83 103 108 77 74 75 67 64 75 5-9 93 107 105 84 66 80 76 99 92 100+ 223 192 221 136 178 144 163 197 163 All firms 83 93 104 72 64 71 64 64 69 The second chart shows the profitability of each of the size groups and illustrates the divide between firms with fewer than, and more than, 10 partners. A huge range is indicated, with a quarter of sole principals earning less than £18,000 a year and a quarter of 10+ firms achieving profits per equity partner over £300,000. Whilst the profits of the 10+ firms might appear high, it should be remembered that these are far lower than the top 100 UK law firms generally. It should also be noted that a paper profit is not necessariy the same as the actual amount of income partners are able to withdraw from the business. These figures are before tax and part of a firm’s profits invariably have to be retained in order to fund working capital. An equity partner is not paid a salary, as an employee is, and his or her profit share represents: • The equivalent of a salary for working in the firm; • Interest on capital invested in the firm; • Rent if the partners own the firm’s offices – as many smaller firms do; • Any balance represents a genuine profit to compensate for the risk of running a business – and for most firms this will be very low. 8 1 profit is defined as total income less total expenditure (including any allowance for depreciation). Net It equates with the distributable profit as shown in a firm’s accounts. Profit per Equity partner 350,000 300,000 £ 250,000 200,000 150,000 100,000 50,000 0 Sole Principal 2-4 Partners 5-9 Partners 10+ Partners All firms Lower Quartile 18,107 45,551 67,872 119,731 35,323 Median 41,955 47,527 92,442 163,359 68,756 Upper Quartile 91,046 106,032 127,862 306,746 108,059 Upper Quartile Median Upper Quartile Cash and partner capital As indicated above, good levels of profitability are important; however, profit is not the same as cash in the bank, and the key requirement for survival in any firm is cash. Bank balance (median) £’ooo 80 60 1 40 2-4 20 5-9 0 All firms -20 -40 2006 2007 2008 2009 2010 2011 2012 2013 2014 1 5 4 5 3 4 6 4 7 7 2-4 12 11 10 8 9 27 6 6 10 5-9 14 42 -1 -27 35 65 44 31 30 All firms 6 8 6 3 5 12 5 8 9 9 The Law Society of Scotland The chart shows the movements in the median bank balance per firm in recent years – 10+ firms have been excluded from the chart due to their volatility. The chart below shows the range in 2013 and this indicates an overall median balance of £8,000, compared to £5,000 in 2012. It is interesting to see that most firms do not have an overdraft and even amongst 10+ firms, there are not significantly high levels of borrowing. Bank balance per firm 800,000 700,000 600,000 £ 500,000 400,000 300,000 200,000 100,000 0 -100,000 -200,000 -300,000 -400,000 Sole Principal 2-4 Partners 5-9 Partners 10+ Partners All firms 0 -10,950 -9,480 -390,465 -4,415 Median 7,402 9,973 30,000 55,133 8,544 Upper Quartile 31,918 86,243 138,831 657,770 63,866 Lower Quartile Lower Quartile Median Upper Quartile 10 The Law Society of Scotland Firms are funded by a combination of bank borrowing and retained partner capital. The chart below indicates that for most size groups this has once again fallen and this is likely to be due to partners drawings exceeding cash profits available: Capital per equity partner (median) 250 £’ooo 200 1 150 2-4 1000 5-9 50 10+ All firms 0 2006 2007 2008 2009 2010 2011 2012 2013 2014 1 44 51 63 48 39 32 47 52 42 2-4 80 98 100 71 86 83 58 36 41 5-9 107 119 115 110 88 114 85 67 52 10+ 188 187 225 173 202 159 150 179 166 All firms 76 86 88 64 74 71 58 48 50 The second chart shows a wide range of capital, from under £10,000 in a quarter of sole principals to over £250,000 for a quarter of 10+ partner firms. Capital per Equity partner 250,000 200,000 £ 150,000 100,000 50,000 0 Sole Principal 2-4 Partners 5-9 Partners 10+ Partners All firms Lower Quartile 9,089 12,886 40,940 131,746 13,700 Median 42,184 41,321 51,631 166,214 50,089 Upper Quartile 114,221 86,332 98,380 263,838 112,081 Lower Quartile Median Upper Quartile 11 The Law Society of Scotland Working capital The key to most firms’ bank position is the speed at which work can be billed and paid. The chart shows trends in debtor days, which is a measure of the efficiency of getting paid. The chart indicates improvements for most size categories except, notably, 10+ partner firms, where the amounts owed have increased. Debtor days have fallen for small and medium sized firms since 2008/9. £’ooo Debtor days (median) 100 90 80 70 60 50 40 30 20 10 0 1 2-4 5-9 10+ All firms 2008 2009 2010 2011 2012 2013 2014 1 43 35 35 15 33 23 24 2-4 41 33 34 30 34 31 30 5-9 50 48 43 31 44 38 34 10+ 91 93 83 82 88 84 96 All firms 44 37 36 28 35 31 34 12 The Law Society of Scotland This measure is calculated by dividing year-end debtors by each firm’s average daily fees. Because most firms that undertake legal aid only post their legal aid bills when they are paid, average daily fees exclude legal aid fees. Although we have made this adjustment for legal aid, care needs to be taken in interpreting these tables, in particular, in respect of smaller firms as residential conveyancing will account for much of their fees. This is in effect also accounted for on a cash basis and can distort this particular benchmark. In the chart below, the very low figures for some smaller firms must be interpreted with care as much of their work is in effect undertaken on a cash basis. Debtor days 150 120 Days 90 60 30 0 Sole Principal 2-4 Partners 5-9 Partners 10+ Partners All firms Lower Quartile 4 13 23 68 10 Median 24 30 34 96 34 Upper Quartile 71 46 40 145 60 Lower Quartile Median Upper Quartile 13 The Law Society of Scotland Profit drivers There are a number of key statistics that firms should monitor as these can have a direct impact on profitability. These include: • Fees per equity partner and fees per fee earner; • Staff ratios; • Salary ratios – in particular, including a cost for each equity partner; • Overhead ratios. The chart summarises fees per equity partner and highlights the difference between firms with under 10 partners, where median fees per equity partner are approximately £200,000, and those with more than 10 partners, where the median is approaching £700,000. The chart indicates a progressive increase in fees per equity partner as firm size increases and this is primarily a function of gearing. Fees per Equity partner 1,200,000 1,000,000 800,000 £ 600,000 400,000 200,000 0 Sole Principal 2-4 Partners 5-9 Partners 10+ Partners All firms Lower Quartile 57,071 143,153 205,867 564,652 103,442 Median 109,281 210,000 298,833 684,501 194,692 Upper Quartile 215,362 263,188 363,543 1,101,571 281,728 Lower Quartile Median Upper Quartile 14 The Law Society of Scotland The second chart shows fees earned per fee earner and shows an overall median of £101,000 (compared to £103,000 last year). This chart also indicates an increase with size of firm; however, the trend is much less pronounced. Fees per fee earner 160,00 140,000 120,000 £ 100,000 80,000 60,000 40,000 20,000 0 Sole Principal 2-4 Partners 5-9 Partners 10+ Partners All firms Lower Quartile 48,570 81,042 91,424 110,601 72,060 Median 85,137 103,700 116,363 123,261 101,250 Upper Quartile 138,635 141,821 128,071 150,893 141,798 Lower Quartile Median Upper Quartile 15 The Law Society of Scotland The chart shows the first of the two key staffing ratios – the number of fee earners in addition to each equity partner, or fee earner gearing. This has improved slightly this year from an overall median of 0.7 last year and 0.5 the year before that. Fee earner gearing 7.0 Number of fee earners 6.0 5.0 4.0 3.0 2.0 1.0 0.0 Sole Principal 2-4 Partners 5-9 Partners 10+ Partners All firms Lower Quartile 0.0 0.3 0.8 2.9 0.0 Median 0.0 1.0 1.3 6.1 0.8 Upper Quartile 1.0 1.9 1.7 7.0 1.7 Lower Quartile Median Upper Quartile 16 The Law Society of Scotland The second chart shows the number of support staff to each fee earner and indicates a median of 1.0, which is very similar to previous years. Support staff per fee earner 2.0 1.8 Number of support staff 1.6 1.4 1.2 1.0 0.8 0.6 0.4 0.2 0.0 Sole Principal 2-4 Partners 5-9 Partners 10+ Partners All firms Lower Quartile 0.0 0.7 1.0 0.5 0.5 Median 0.7 1.1 1.1 0.6 1.0 Upper Quartile 1.5 1.7 1.5 0.7 1.5 Lower Quartile Median Upper Quartile 17 The Law Society of Scotland The chart below shows the cost of all employed staff relative to fees. The overall median of 31% compares to 32% last year. Salaries as a % of fees 50% 45% 40% 35% 30% % 25% 20% 15% 10% 5% 0% Sole Principal 2-4 Partners 5-9 Partners 10+ Partners All firms Lower Quartile 8% 26% 33% 39% 22% Median 24% 33% 37% 42% 31% Upper Quartile 36% 41% 39% 48% 41% Lower Quartile Median Upper Quartile 18 The Law Society of Scotland The second salaries chart includes an allowance for the cost of each equity partner: All salaries (inc equity partners) as a % of fees 160% 140% 120% 100% % 80% 60% 40% 20% 0% Sole Principal 2-4 Partners 5-9 Partners 10+ Partners All firms Lower Quartile 69% 63% 62% 60% 63% Median 99% 45% 68% 63% 77% Upper Quartile 150% 88% 79% 68% 110% Lower Quartile Median Upper Quartile 19 The Law Society of Scotland In preparing the all salaries chart, we have used a notional salary of £83,500 or £150,000 for firms with under/over 10 partners respectively. This has been included so as to reflect a cost for each partner as someone working within the firm. Where the actual profits of the equity partners are below these levels, this results in values greater than 100%. The overheads chart indicates an overall median of 31% – the same as the last two years. The second overheads chart shows overheads per fee earner, and this indicates a slight fall from the overall median last year of £33,000. Overheads (exc staff) as a % of fees 50% 45% 40% 35% 30% % 25% 20% 15% 10% 5% 0% Sole Principal 2-4 Partners 5-9 Partners 10+ Partners All firms Lower Quartile 27% 25% 24% 24% 25% Median 34% 29% 28% 30% 31% Upper Quartile 50% 35% 34% 37% 41% Lower Quartile Median Upper Quartile 20 The Law Society of Scotland Overheads (exc staff) per fee earner 50,000 45,000 40,000 35,000 30,000 £ 25,000 20,000 15,000 10,000 5,000 0 Sole Principal 2-4 Partners 5-9 Partners 10+ Partners All firms Lower Quartile 19,042 24,915 26,752 33,459 22,570 Median 26,398 31,254 30,341 38,436 30,057 Upper Quartile 45,073 41,165 45,081 43,531 43,133 Lower Quartile Median Upper Quartile 21 The Law Society of Scotland 4 Sole principals We had a good response amongst sole principals, with 76 participating. Number of firms Edinburgh 13 Glasgow 17 Aberdeen, Dundee & Perth 3 Country 43 76 Just three sole principals took part from Aberdeen, Dundee & Perth, so we have just showed the median. Profitability The profitability of the sole principals who participated is summarised in the chart: Profit per equity partner - Sole Principals 120,000 100,000 80,000 £ 60,000 40,000 20,000 0 Edinburgh Glasgow Aberdeen, Country Dundee & Perth Lower Quartile 29,674 14,857 30,391 Median 45,128 26,624 54,193 Upper Quartile 72,700 41,080 Lower Quartile Median 70,213 107,629 Upper Quartile As last year, the chart illustrates the very low profits of some of the Glasgow sole principals and the healthy performance of the country firms, with a quarter achieving a profit of more than £100,000. Median profit per partner for Glasgow sole prinipals has fallen from £45,000 last year to just £26,000 this year. 22 The Law Society of Scotland Cash and partner capital The chart summarises the bank balance of sole principals and demonstrates the stronger position of country firms and the weaker position, as would be expected, in view of their low profits, of some of the Glasgow firms. £ Bank balance per firm - Sole Principals 80,000 70,000 60,000 50,000 40,000 30,000 20,000 10,000 0 -100,000 Edinburgh Glasgow Aberdeen, Country Dundee & Perth Lower Quartile 0 Median 7,432 Upper Quartile 12,893 Lower Quartile -8,000 0 5,762 18,931 Median 2,248 16,730 60,903 Upper Quartile £ The chart summarises capital per equity partner: Capital per equity partner - Sole Principals 200,000 180,000 160,000 140,000 120,000 100,000 80,000 60,000 40,000 20,000 0 Edinburgh Glasgow Aberdeen, Country Dundee & Perth Lower Quartile 17,608 10,012 5,000 Median 78,869 20,000 42,184 Upper Quartile 190,067 52,557 Lower Quartile Median 37,965 129,786 Upper Quartile 23 The Law Society of Scotland The capital chart once again illustrates the strength of country firms and also indicates some good levels amongst some Edinburgh sole principals. Working capital The chart illustrates low levels of debtor days amongst Edinburgh and Country firms but surprisingly high levels in Glasgow and Aberdeen, Dundee & Perth: Debtor days - Sole Principals Days 100 90 80 70 60 50 40 30 20 10 0 Edinburgh Glasgow Aberdeen, Country Dundee & Perth Lower Quartile 0 0 9 Median 13 42 24 Upper Quartile 83 61 Lower Quartile Median 34 71 Upper Quartile It should be remembered that for many of these firms, much of their fees (in areas such as residential conveyancing and legal aid) are in effect on a cash basis. 24 The Law Society of Scotland Profit drivers There are a number of key statistics that firms should monitor as these can have a direct impact on profitability. These include: • Fees per equity partner and fees per fee earner; • Staff ratios; • Cost ratios. The first chart shows fees per equity partner. If the total fees of the firm are below £70,000, as is the case for a quarter of Edinburgh and Glasgow sole principals, the actual profit the patners make will inevitably be low. For a quarter of country firms, the equivalent figure exceeds £250,000, so providing much greater opportunity for reasonable profits. The median fees per equity partner for country firms has also increased this year to £150,000 from £135,000 last year. Fees per equity partner - Sole Principals 300,000 250,000 £ 200,000 150,000 100,000 50,000 0 Edinburgh Glasgow Aberdeen, Country Dundee & Perth Lower Quartile 68000 56352 60949 Median 90075 84000 150000 Upper Quartile 118511 141927 Lower Quartile Median 164443 257074 Upper Quartile 25 The Law Society of Scotland The chart shows the fees per fee earner – the median for sole principals in Glasgow has fallen from £67,000 last year to just £57,000 this year. £ Fees per fee earner - Sole Principals 180,000 160,000 140,000 120,000 100,000 80,000 60,000 40,000 20,000 0 Edinburgh Glasgow Aberdeen, Country Dundee & Perth Lower Quartile 48,614 40,000 48,878 Median 79,177 57,521 97,346 Upper Quartile 99,143 86,843 Lower Quartile Median 164,443 145,899 Upper Quartile The chart indicates a wide range and this will reflect the types of work undertaken, and a range of other factors such as location, how long established the practice is, and its reputation. The gearing of most sole principals was zero – they had no other fee earners working with them. The exception was in Glasgow and in country areas, where a quarter of firms had a gearing of one. The support staff chart indicates a wide range in support staff numbers for many sole principals – the median for country firms for example is 1.0, but there is a big range. 26 The Law Society of Scotland Support staff per fee earner - Sole Principals Number of support staff 2.0 1.8 1.6 1.4 1.2 1.0 0.8 0.6 0.4 0.2 0.0 Edinburgh Glasgow Aberdeen, Country Dundee & Perth Lower Quartile 0.0 0.0 0.5 Median 0.0 0.3 1.0 Upper Quartile 1.0 0.5 Median Lower Quartile 1.0 1.9 Upper Quartile The salaries chart indicates that a quarter of Edinburgh and Glasgow sole principals have no staff. The median % for country firms has increased from 21% last year to 26% this year. Similarly, in Edinburgh the median has risen from 13% to 21%. Salaries as a % of fees - Sole Principals % 40 35 30 25 20 15 10 5 0 Edinburgh Glasgow Aberdeen, Country Dundee & Perth Lower Quartile 0.0% 0.0% 13% Median 21% 11% 26% Upper Quartile 34% 36% Lower Quartile Median 24% 36% Upper Quartile 27 The Law Society of Scotland The second chart includes an allowance for the cost of each equity partner. All salaries (inc equity partners) as a % of fees - Sole Principals % 180 160 140 120 100 80 60 40 20 0 Edinburgh Glasgow Aberdeen, Country All firms Dundee & Perth Lower Quartile 90% 79% 62% 61% Median 99% 119% 74% 75% Upper Quartile 148% 172% 145% 110% Lower Quartile Median 77% Upper Quartile As would be expected, the profits earned by some sole principals are less than the notional salary assumed in this calculation, resulting in values over 100%. The median overheads as a % fees was approximately 30-33% in all areas except Glasgow. Overheads (exc staff) as a % of fees - Sole Principals 70 60 50 40 % 30 20 10 0 Edinburgh Glasgow Aberdeen, Country Dundee & Perth Lower Quartile 25% 43% 27% Median 30% 50% 33% Upper Quartile 38% 70% Lower Quartile Median 34% 46% Upper Quartile 28 The Law Society of Scotland Overheads (exc staff) per fee earner - Sole Principals £ 50,000 45,000 40,000 35,000 30,000 25,000 20,000 15,000 10,000 5,000 0 Edinburgh Glasgow Aberdeen, Country Dundee & Perth Lower Quartile 17,085 18,111 20,002 Median 20,541 27,877 27,210 Upper Quartile 26,796 48,283 Lower Quartile Median 44,112 43,728 Upper Quartile 29 The Law Society of Scotland 5 2-4 partner firms We had a good response amongst 2-4 partner firms with 85 participating: Number of firms Edinburgh Glasgow Aberdeen, Dundee & Perth Country 7 22 10 46 85 Profitability The profitability of the 2-4 partner firms is summarised in the chart Profit per equity partner - 2-4 partner firms 120,000 100,000 80,000 60,000 £ 40,000 20,000 0 Edinburgh Glasgow Aberdeen, Country Dundee & Perth Lower Quartile 38,133 52,705 46,080 88,271 74,113 65,897 74,365 Upper Quartile 104,546 110,214 107,382 Median Median Lower Quartile Upper Quartile Median profit per equity partner amongst this size group increased compared to last year, especially in Edinburgh and Glasgow, and as might be expected, were at levels higher than those of sole principals. A quarter of the firms achieved profit levels greater than £100,000. 30 The Law Society of Scotland Cash and partner capital The median bank balances were broadly similar to last year with the exception of the firms in Aberdeen Dundee and Perth, where the median increased from an overdraft of £3,000 to £40,000 in the bank. Bank balance per firm - 2-4 Partners 100,000 80,000 60,000 £ 40,000 20,000 0 -20,000 -40,000 Edinburgh Glasgow Aberdeen, Country Dundee & Perth Lower Quartile -13,642 -8,188 227 -21,748 10,306 40,232 11,332 Upper Quartile 98,481 80,537 81,514 Median Median Lower Quartile Upper Quartile Capital per equity partner has increased this year for country firms – from £37,000 last year to £54,000 this year. Firms in Glasgow saw capital fall slightly. Capital per equity partner - 2-4 partner firms 120,000 100,000 80,000 60,000 £ 40,000 20,000 0 Edinburgh Glasgow Aberdeen, Country Dundee & Perth Lower Quartile 7,446 31,313 18,968 470 28,770 42,614 54,423 Upper Quartile 73,363 105,185 100,099 Median Median Lower Quartile Upper Quartile 31 The Law Society of Scotland Working capital Debtor days are broadly similar, and not disimiar to sole principals. Debtor days - 2-4 partners Days 50 45 40 35 30 25 20 15 10 5 0 Edinburgh Glasgow Aberdeen, Country Dundee & Perth Lower Quartile 16 22 5 26 36 34 27 Upper Quartile 47 41 45 Median Median Lower Quartile Upper Quartile Profit drivers Fees per equity partner are very much higher for these firms than for sole principals and have improved in all areas compared to last year. Fees per equity partner - 2-4 partners 350,000 300,000 250,000 £ 200,000 150,000 100,000 50,000 0 Edinburgh Glasgow Aberdeen, Country Dundee & Perth Lower Quartile 193,925 136,233 139,365 221,946 214,247 176,290 209,885 Upper Quartile 294,842 346,197 257,6659 Median Median Lower Quartile Upper Quartile 32 The Law Society of Scotland Fees per fee earner have barely changed compared to last year. £ Fees per fee earner - 2-4 partners 160,000 140,000 120,000 100,000 80,000 60,000 40,000 20,000 0 Edinburgh Glasgow Aberdeen, Country Dundee & Perth Lower Quartile 86,967 83,596 80,074 92,015 111,996 102,475 111,938 Upper Quartile 140,387 133,073 143,455 Median Median Lower Quartile Upper Quartile Fee earner gearing is much healthier amongst the 2-4 partner firms, albeit still low relative to larger firms. Fee earner gearing - 2-4 partners 3.0 Number of fee earners 2.5 2.0 1.5 1.0 0.5 0 Edinburgh Glasgow Aberdeen, Country Dundee & Perth Lower Quartile 0.5 0.3 0.3 1.1 0.9 0.5 0.9 Upper Quartile 1.9 2.5 1.8 Median Median Lower Quartile Upper Quartile 33 The Law Society of Scotland Support staff ratios vary slightly across the country; however, this may reflect the different sample sizes. Support staff per fee earner - 2-4 partners Number of support staff 1.8 1.6 1.4 1.2 1.0 0.8 0.6 0.4 0.2 0.0 Edinburgh Glasgow Aberdeen, Country Dundee & Perth Lower Quartile Median Upper Quartile Lower Quartile 0.8 0.6 0.8 0.7 1.1 0.7 1.2 1.4 1.3 1.8 Median Upper Quartile Salaries as a % of fees were lowest in Aberdeen, Dundee & Perth, at 27%. Salaries as a % of fees - 2-4 partners % 45 40 35 30 25 20 15 10 5 0 Edinburgh Glasgow Aberdeen, Country Dundee & Perth Lower Quartile Median Upper Quartile Lower Quartile 28% 22% 26% 32% 33% 27% 34% 43% 31% 41% Median Upper Quartile 34 The Law Society of Scotland This key ratio of all salaries as a % of fees is clearly much better amongst 2-4 partner firms than sole principals. All salaries (inc equity partners) as a % of fees - 2-4 partners % 90 80 70 60 50 40 30 20 10 0 Edinburgh Glasgow Aberdeen, Country Dundee & Perth Lower Quartile Median Upper Quartile Lower Quartile 64% 70% 63% 65% 70% 83% 76% 86% 87% 89% Median Upper Quartile Overheads relative to fees were broadly similar across the country. Overheads (exc staff) as a % of fees - 2-4 partners % 40 35 30 25 20 15 10 5 0 Edinburgh Glasgow Aberdeen, Country Dundee & Perth Lower Quartile 27% 23% 25% 30% 30% 28% 28% Upper Quartile 33% 30% 39% Median Median Lower Quartile Upper Quartile 35 The Law Society of Scotland For the firms that participated in the survey, overheads per fee earner were similar across the country at approximately £30,000. It is fee income that is the key to variations in profit. Overheads (exc staff) per fee earner - 2-4 partners % 45,000 40,000 35,000 30,000 25,000 20,000 15,000 10,000 5,000 0 Edinburgh Glasgow Aberdeen, Country Dundee & Perth Lower Quartile Median 28,516 22,991 24,917 27,678 33,273 30,094 31,737 42,773 41,472 40,279 Upper Quartile Lower Quartile Median Upper Quartile 36 The Law Society of Scotland 6 5-9 partner firms Fewer 5-9 partner firms participated, most of whom were in Country areas: Number of firms Edinburgh Glasgow Aberdeen, Dundee & Perth Country 1 1 2 9 13 Because of the small numbers of participants from the cities, this section analyses just firms in country areas. We recognise the charts in this section look slightly odd, but have kept the same format as in other sections for consistency. Profitability 5-9 partner country firms saw a 18% increase in profits from a median of £104,000 last year to £123,000 this year. £ Profit per equity partner - 5-9 partner firms 200,000 180,000 160,000 140,000 120,000 100,000 80,000 60,000 40,000 20,000 0 Edinburgh Glasgow Aberdeen, Country Dundee & Perth Lower Quartile 87,276 Median 123,215 Upper Quartile 196,667 Median Lower Quartile Upper Quartile 37 The Law Society of Scotland Cash and partner capital The chart indicates a significant improvement in the bank balances of 5-9 partner country firms, from a median of £30,000 last year to £128,000 this year. Part of these balances will be in respect of partner tax provision and VAT, but the firms may also have made “rainy day” provisions or put money to one side for possible acquisitions or mergers: £ Bank balance per firm - 5-9 partner firms 140,000 120,000 100,000 80,000 60,000 40,000 20,000 0 -20,000 Edinburgh Glasgow Aberdeen, Country Dundee & Perth Lower Quartile -9,480 Median 128,300 Upper Quartile 138,831 Lower Quartile Median Upper Quartile 38 The Law Society of Scotland Despite the higher levels of profit, the chart indicates median capital per equity partner of just £52,000 – down from £87,000 last year. £ Capital per equity partner - 5-9 partner firms 160,000 140,000 120,000 100,000 80,000 60,000 40,000 20,000 0 Edinburgh Glasgow Aberdeen, Country Dundee & Perth Lower Quartile 43,880 Median 51,631 Upper Quartile 144,785 Lower Quartile Median Upper Quartile 39 The Law Society of Scotland Working capital Debtor days is higher amongst these 5-9 partner firms; however, this will be because more of their work is billed on a 30-day invoice basis. The median for country firms has fallen from 44 days last year to 40 days this year. Debtor days - 5-9 partner firms Days 50 45 40 35 30 25 20 15 10 5 0 Edinburgh Glasgow Aberdeen, Country Dundee & Perth Lower Quartile 34 Median 40 Upper Quartile 46 Median Lower Quartile Upper Quartile 40 The Law Society of Scotland Profit drivers Fees per equity partner are much higher than amongst the smaller firms. It has risen this year for country firms from £276,000 to £363,000 per equity partner. £ Fees per equity partner - 5-9 partner firms 450,000 400,000 350,000 300,000 250,000 200,000 150,000 100,000 50,000 0 Edinburgh Glasgow Aberdeen, Country Dundee & Perth Lower Quartile 214,859 Median 363,448 Upper Quartile 435,219 Median Lower Quartile Upper Quartile Median fees per fee earner for country firms have also increased, from £86,000 to £116,000 – a level slightly better than the £111,000 per fee earner recorded by 2-4 partner country firms and the £97,000 by country sole principals. 41 The Law Society of Scotland £ Fees per fee earner - 5-9 partner firms 180,000 160,000 140,000 120,000 100,000 80,000 60,000 40,000 20,000 0 Edinburgh Glasgow Aberdeen, Country Dundee & Perth Lower Quartile 91,424 Median 116,363 Upper Quartile 160,504 Median Lower Quartile Upper Quartile Fee earner gearing of 1.2 is slightly better than amongst the 2-4 partner firms, where the median was 0.9. Fee earner gearing - 5-9 partners Number of fee earners 1.8 1.6 1.4 1.2 1.0 0.8 0.6 0.4 0.2 0 Edinburgh Glasgow Aberdeen, Country Dundee & Perth Lower Quartile 0.8 Median 1.2 Upper Quartile 1.7 Median Lower Quartile Upper Quartile 42 The Law Society of Scotland As might be expected in these slightly larger firms, support staff ratios are slightly better. Support staff per fee earner - 5-9 partners Number of support staff 1.6 1.4 1.2 1.0 0.8 0.6 0.4 0.2 0 Edinburgh Glasgow Aberdeen, Country Dundee & Perth Lower Quartile 1.0 Median 1.1 Upper Quartile 1.4 Median Lower Quartile Upper Quartile At 37%, salaries as a % of fees are slightly higher than for country 2-4 partner firms, where the median was 34%. Salaries as a % of fees - 5-9 partners % 40 35 30 25 20 15 10 5 0 Edinburgh Glasgow Aberdeen, Country Dundee & Perth Lower Quartile 32% Median 37% Upper Quartile 39% Lower Quartile Median Upper Quartile 43 The Law Society of Scotland The key benchmark of salaries as a % of fees is once again better amongst the 2-4 partner firms. All salaries (inc equity partners) as a % of fees - 5-9 partners % 80 70 60 50 40 30 20 10 0 Edinburgh Glasgow Aberdeen, Country Dundee & Perth Lower Quartile 54% Median 65% Upper Quartile 79% Median Lower Quartile Upper Quartile Median overheads as a % of fees are unchanged from last year at 27%. Overheads (exc staff) as a % of fees - 5-9 partners 30 25 20 % 15 10 5 0 Edinburgh Glasgow Aberdeen, Country Dundee & Perth Lower Quartile 24% Median 27% Upper Quartile 29% Median Lower Quartile Upper Quartile 44 The Law Society of Scotland Overheads per fee earner are slightly lower than for 2-4 partner firms due to the greater ability of these firms to share overheads over more fee earners. Overheads (exc staff) per fee earner - 5-9 partners £ 50,000 45,000 40,000 35,000 30,000 25,000 20,000 15,000 10,000 5,000 0 Edinburgh Glasgow Aberdeen, Country Dundee & Perth Lower Quartile 26,752 Median 30,341 Upper Quartile 45,081 Lower Quartile Median Upper Quartile 45 The Law Society of Scotland 7 10+ partner firms Twelve 10+ partner firms participated, most of which were in Edinburgh and Glasgow. Number of firms Edinburgh Glasgow Aberdeen, Dundee & Perth Country 5 5 1 1 12 Because just one 10+ partner firm took part from Aberdeen, Dundee & Perth, and just one country firm participated, this section just analyses the firms in Edinburgh and Glasgow. The two other firms are, of course, included in the overall results in section 3. It shoud be noted that many of the larger firms now have offices in both Edinburgh and Glasgow. Firms were asked to indicate where they were based; however, that might be the office where the cash room partner was based, and may not be entirely reliable. Profitability The profitability of these firms is shown in the chart: Profit per equity partner - 10+ partner firms 250,000 £ 200,000 150,000 100,000 50,000 0 Edinburgh Glasgow Aberdeen, Country Dundee & Perth Lower Quartile Median 161,208 228,630 Upper Quartile Median Lower Quartile Upper Quartile 46 The Law Society of Scotland Cash and partner capital The chart shows the strong cash position of the Edinburgh firms: Bank balance per firm - 10+ partners 1,200,000 £ 1,000,000 800,000 600,000 400,000 200,000 0 Edinburgh Glasgow Aberdeen, Country Dundee & Perth Lower Quartile Median 1,165,154 178,161 Upper Quartile Median Lower Quartile Upper Quartile 47 The Law Society of Scotland Firms in both Edinburgh and Glasgow have comparable levels of partner capital invested: £ Capital per equity partner - 10+ partners 200,000 180,000 160,000 140,000 120,000 100,000 80,000 60,000 40,000 20,000 0 Edinburgh Glasgow Aberdeen, Country Dundee & Perth Lower Quartile Median 179,867 Upper Quartile Lower Quartile 180,037 Median Upper Quartile 48 The Law Society of Scotland Working capital Debtor days are broadly comparable. Debtor days - 10+ partners Days 90 80 70 60 50 40 30 20 10 0 Edinburgh Glasgow Aberdeen, Country Dundee & Perth Lower Quartile Median 87 Upper Quartile 86 Lower Quartile Median Upper Quartile Profit drivers Fees per equity partner were approximately £700,000: £ Fees per equity partner - 10+ partners 800,000 700,000 600,000 500,000 400,000 300,000 200,000 100,000 0 Edinburgh Glasgow Aberdeen, Country Dundee & Perth Lower Quartile Median 737,118 Upper Quartile Lower Quartile 728,361 Median Upper Quartile 49 The Law Society of Scotland Fees per fee earner were on average £130,000 for this size group: Fees per fee earner - 10+ partners 140,000 120,000 100,000 £ 80,000 60,000 40,000 20,000 0 Edinburgh Glasgow Aberdeen, Country Dundee & Perth Lower Quartile Median 136,262 122,091 Upper Quartile Median Lower Quartile Upper Quartile As would be expected these firms have good levels of gearing: Fee earner gearing - 10+ partners 6 Number of fee earners 5 4 3 2 1 0 Edinburgh Glasgow Aberdeen, Country Dundee & Perth Lower Quartile Median 5.8 5.7 Upper Quartile Median Lower Quartile Upper Quartile 50 The Law Society of Scotland These firms were able to achieve better support staff ratios. Support staff per fee earner - 10+ partners Number of support staff 0.8 0.7 0.6 0.5 0.4 0.3 0.2 0.1 0 Edinburgh Glasgow Aberdeen, Country Dundee & Perth Lower Quartile Median 0.7 0.6 Upper Quartile Median Lower Quartile Upper Quartile Generally salaries were lower as a % of fees in Glasgow: Salaries as a % of fees - 10+ partners % 45 40 35 30 25 20 15 10 5 0 Edinburgh Glasgow Aberdeen, Country Dundee & Perth Lower Quartile Median 45% 39% Upper Quartile Median Lower Quartile Upper Quartile 51 The Law Society of Scotland All salaries (including an equity partner notional salary) was 60%: All salaries (inc equity partners) as a % of fees - 10+ partners 70 60 % 50 40 30 20 10 0 Edinburgh Glasgow Aberdeen, Country Dundee & Perth Lower Quartile Median 63% Upper Quartile Lower Quartile 63% Median Upper Quartile Very comparable overhead %s were achieved in Glasgow and Edinburgh: Overheads (exc staff) as a % of fees - 10+ partners % 40 35 30 25 20 15 10 5 0 Edinburgh Glasgow Aberdeen, Country Dundee & Perth Lower Quartile Median 35% 28% Upper Quartile Median Lower Quartile Upper Quartile 52 The Law Society of Scotland Overheads per fee earner for 10+ partner firms were slightly higher in Edinburgh: Overheads (exc staff) per fee earner - 10+ partners £ 40,000 35,000 30,000 25,000 20,000 15,000 10,000 5,000 0 Edinburgh Glasgow Aberdeen, Country Dundee & Perth Lower Quartile Median 38,436 34,863 Upper Quartile Median Lower Quartile Upper Quartile 53 The Law Society of Scotland 8 Salaries This section summarises the salary information gathered in the survey: Salaried partners Salaries - salaried partners £ 90,000 80,000 70,000 60,000 50,000 40,000 30,000 20,000 10,000 0 Sole Principal 2-4 Partners 5-9 Partners 10+ Partners All firms Lower Quartile 0 40,000 43,750 70,833 44,250 Median 0 47,500 53,500 74,041 54,500 Upper Quartile 0 66,250 56,863 81,741 73,485 Lower Quartile Median Upper Quartile Salaries - salaried partners £ 90,000 80,000 70,000 60,000 50,000 40,000 30,000 20,000 10,000 0 Edinburgh Glasgow Aberdeen, Country Dundee & Perth All firms Lower Quartile 67,783 40,000 50,000 40,500 44,250 Median 71,667 73,939 55,000 49,000 54,500 Upper Quartile 73,940 81,843 63,500 57,288 73,485 Median Lower Quartile Upper Quartile 54 The Law Society of Scotland Associates Salaries - associates 60,000 50,000 £ 40,000 30,000 20,000 10,000 0 Sole Principal 2-4 Partners 5-9 Partners 10+ Partners All firms Lower Quartile 32,750 34,875 33,875 43,122 34,500 Median 38,464 38,090 36,000 49,441 40,000 Upper Quartile 42,335 42,508 45,000 53,483 45,000 Edinburgh Glasgow Aberdeen, Country Dundee & Perth All firms Lower Quartile 38,866 36,337 30,673 33,000 34,500 Median 41,659 41,600 31,346 36,000 40,000 Upper Quartile 49,581 50,656 33,798 42,500 45,000 Lower Quartile Median Upper Quartile Salaries - associates 60,000 50,000 £ 40,000 30,000 20,000 10,000 0 Lower Quartile Median Upper Quartile 55 The Law Society of Scotland Qualified assistants £ Salaries - qualified assistants 40,000 35,000 30,000 25,000 20,000 15,000 10,000 5,000 0 Sole 2-4 Principal Partners 5-9 Partners 10+ Partners All firms Lower Quartile 25,000 26,750 25,563 30,954 26,667 Median 30,000 30,203 28,113 33,555 30,337 Upper Quartile 36,000 35,694 33,000 35,402 35,542 Lower Quartile Median Upper Quartile £ Salaries - qualified assistants 45,000 40,000 35,000 30,000 25,000 20,000 15,000 10,000 5,000 0 Edinburgh Glasgow Aberdeen, Country Dundee & Perth All firms Lower Quartile 30,317 28,500 26,918 25,495 26,667 Median 33,000 32,500 30,250 28,149 30,337 Upper Quartile 35,263 42,843 34,000 32,667 35,542 Lower Quartile Median Upper Quartile 56 The Law Society of Scotland Unqualified fee-earners Salaries - unqualified assistants 35,000 30,000 25,000 £ 20,000 15,000 10,000 5,000 0 Sole Principal 2-4 Partners 5-9 Partners 10+ Partners All firms Lower Quartile 22,283 18,163 22,005 24,223 20,030 Median 24,500 22,000 24,544 26,337 24,000 Upper Quartile 31,250 25,375 25,645 29,653 27,750 Edinburgh Glasgow Aberdeen, Country Dundee & Perth All firms Lower Quartile 22,534 23,790 19,663 20,000 20,030 Median 24,942 26,710 20,000 23,409 24,000 Upper Quartile 28,171 30,744 21,022 25,622 27,750 Lower Quartile Median Upper Quartile Salaries - unqualified assistants 35,000 30,000 £ 25,000 20,000 15,000 10,000 5,000 0 Lower Quartile Median Upper Quartile 57 The Law Society of Scotland Trainees Salaries - Trainees 25,000 £ 20,000 15,000 10,000 5,000 0 Sole Principal 2-4 Partners 5-9 Partners 10+ Partners All firms Lower Quartile 15,000 17,383 14,000 18,150 16,700 Median 16,599 19,000 16,700 18,633 18,200 Upper Quartile 20,000 19,750 17,127 20,406 20,000 Lower Quartile Median Upper Quartile Salaries - Trainees 70,000 60,000 £ 50,000 40,000 30,000 20,000 10,000 0 Edinburgh Glasgow Aberdeen, Country Dundee & Perth All firms Lower Quartile 18,125 15,000 17,125 16,775 16,700 Median 18,829 18,633 17,383 17,777 18,200 Upper Quartile 19,875 19,000 61,625 20,000 20,000 Lower Quartile Median Upper Quartile 58 The Law Society of Scotland 9Characteristics of the most profitable firms For several years we examined the characteristics of the more profitable firms and these charts give the average for the most and least profitable firms3 : • • • • Gearing; Fees per equity partner; All salary costs (i.e. including a notional salary) relative to fee income; Non-salary overheads relative to fee income. Traditionally, firms with higher levels of gearing and fees per equity partner have achieved better profits. Salaries and overheads relative to fees have also been at lower levels. The charts indicate the goals that firms should have in mind. Gearing 12 10 8 6 4 2 0 1 2-4 5-9 10+ Least profitable 0.3 1.1 1.2 5.0 Most profitable 1.7 2.3 2.0 9.7 3 Least profitable Most profitable T hose earning average profit per equity partner above the upper quartile and below the lower quartile respectively 59 The Law Society of Scotland Fees per equity partner 2,500 2,000 1,500 1,000 500 0 1 2-4 5-9 10+ Least profitable 47 144 220 548 Most profitable 385 404 464 1,964 Least profitable Most profitable It should be noted that in the chart below, “all salaries” includes an allowance for equity partner notional salaries, hence the very high %s of some of the least profitable firms. All salaries as a % of fee income 300 250 200 150 100 50 0 1 2-4 5-9 10+ Least profitable 256 127 76 73 Most profitable 60 57 55 48 Least profitable Most profitable 60 The Law Society of Scotland Non - salary overheads as a % of fee income 60 50 40 30 20 10 0 1 2-4 5-9 10+ Least profitable 55 55 36 38 Most profitable 28 24 25 22 Least profitable Most profitable 61 The Law Society of Scotland 10 Hourly cost – the “cost of time” Average hourly expense rates, by size of firm, geographical location and type of practice, are derived from the survey. These are calculated according to the assumptions set out below and include a notional salary in respect of each equity partner, together with an allowance for pension provision and interest on capital. If each fee earner had generated fee income at his or her appropriate hourly rate for the assumed number of chargeable hours, then the amount available for distribution among the equity partners would have been sufficient to provide each partner with their notional salary, related pension provision and interest on capital. The tables provide details of the average hourly expense rates derived from the survey for 2014 by: • Level of fee earner • Size of firm • location Average 2014 hourly expense rates (Mean) £ All solicitors Equity partners Salaried partners Associates Qualified Assistants Trainees Unqualified fee-earners 2014 141 168 137 86 73 81 66 Note – “All solicitors” represents the average of all solicitors in the survey – equity partners and also those who were not equity partners All solicitors expense rate by size of firm4 and location (Mean) £ Size of firm Sole principal 2-4 partners 5-9 partners 10+ partners 2014 141 142 130 156 62 In this particular table the firms are classified according to the number of equity partners in order to provide comparability with previous years. These figures are used by LPAC in determining judicial fees. 2 It is important to note that this expense rate may be used to determine the cost to a firm of doing a piece of work. The charge to be made to the client may allow for other factors, having due regard to all the relevant circumstances and in particular to: • • • • • • • Importance of the matter to the client; Amount or value of any money or property involved; Complexity of the matter or the difficulty or novelty of the question raised; Skill, labour, specialised knowledge and responsibility involved on the part of the solicitor or assistant; Time expended; Length, number, and importance of any documents or other papers prepared or perused; Place where, and the circumstances in which, the services or any part thereof are rendered, including the degree of expedition required. It is obvious that the number of hours per annum spent directly on work for clients is a crucial factor in determining the cost of time. In view of the relatively small number of firms currently using time recording methods, in most cases the values used for this parameter are necessarily estimates. Firms are encouraged to use time recording methods (which need not be complex in nature) in order to maintain more accurate financial control over their business. Where a firm finds it has difficulty charging these rates, areas to explore will include: • The level at which the work is being done. Could it be undertaken by someone less senior – a non-partner solicitor rather than a partner, or an unqualified fee earner rather than a solicitor? • How is it being done? Could it be done more efficiently, perhaps through better use of IT? • Is this an area of work that the firm should be doing? If it is not possible to charge a realistic fee, why do it? Key assumptions In calculating the hourly expense rates the following specific assumptions have been used: • In the calculation of “all salaries”, and the expense rates, a notional salary of £81,500 has been used for firms with under 10 partners, and £140,000 for firms with more than ten partners. • Number of chargeable hours per annum for a full time fee-earner: o Partners – 1,000 o Trainees – 800 o All other fee-earners – 1,200 It is important to distinguish between chargeable hours and total hours at work. Chargeable time is defined as time spent directly on work for clients for which a charge will be made. • Rate of return for interest on working capital: 2%. Where necessary, an average value of £50,000 per equity partner has been used to estimate the working capital of the firm; • Pension provision for equity partners: 17.5% of notional salaries; • An inflationary growth rate for expenses based on movements in the retail price index. A more detailed report on the Cost of Time, that forms part of the Society’s annual submission to the Lord President’s Advisory Committee, is available free of charge from the Professional Practice Department at the Society on 0131 476 8124 or [email protected]. 63 The Law Society of Scotland
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