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Law Firms’ Value Proposition
LAZ AGM Conference 5 May 2017
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‘MAGIC CIRCLE’ ENTRIES INTO AFRICA
1995 : White & Case 2000 : Dewey & LeBoeuf (now defunct) 2014 : Allen & Overy, Clyde & Co, Dentons 2016 : Herbert Smith Freehills, DLA Piper 2017 : Pinsent Masons Horizon Targets : Tanzania/Nigeria (Bowmans & Griffith), Kenya (Norton Rose Fulbright), Zambia?
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WHAT DRAWETH THE MNF to AFRICA?
Africa’s Economic Growth Projectile Zambia GDP growth forecast average of 4% and 4.2 % (2016, 2017) compared with 2.2% average of West Underserviced Population LCR (Lawyer-client ratio) roughly ! (population 16.2 million, advocates 1026) [slightly better for adult population]
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WHAT DRAWETH THE MNF to AFRICA?
Change in Capping of Legal Fees : Compare criminal negligence capping up to £ 25, 000 in England and Wales with recent LAZ Costs Orders revision East [China] v West fight for Africa Non traditional estimate of Chinese commitment of $ 73 billion from 2000 to 2011
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3 PRONG ENTRY APPROACH OF MNF’s
1. Alliances (early approach) eg Cliffe Dekker Hofmeyr & DLA Piper ( ), Deneys Reitz & Norton Rose (2011), Webber Wentzel & Linklaters (2013)
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3 PRONG ENTRY APPROACH OF MNF’s
2. Integration (current approach) Poaching local market leaders and setting up of fully financially integrated firms eg Allen & Overy (2014); Baker & McKenzie integrating Rudolph Bersntein & Associates/Dewey & LeBoeuf (2012); Clydes; Herbert Smithe Freehills, Pinsents, DLA Piper 3. Independents (fringe firms) Domestic firms eg ENSafrica
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INTEGRATION AND ITS FEATURES
Information Communication Technologies Business Development Permanent Staff : salaried associates, support staff, junior [salaried] partners True Partnership Structure : shared approach to the material elements of the firm i.e clients, salaries, expenses, profits
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INTEGRATION AND ITS FEATURES
Business/succession planning : Partner shadowing, ‘tournament to partnership’, tiering of partnership Full Legal Service value chain Brand champion Leveraged networks
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AFRICA’s LEGAL TERRAIN
Uncertainty in legal documentation : save for Nigeria, Kenya, Ghana, [Mozambique] Enforceability issues of State/Foreign counterparties Boom in oil, gas, mining, telecoms, energy, financial sectors Cross jurisdictional legal de-linkages, regulatory nuances
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RECOMMENDATIONS Maintain Licensing to Practice Requirements : ss 41, 42 LPA Revisit definition of “suitability” of a Practitioner’s office : Rule 13 (1), (2) LPR’s. Should cater for minimum features of a firm when licensing Value Add Services/Resources : up-to-date precedents, law cases, legal journals, commentary, legislation etc.
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RECOMMENDATIONS Practice Advice Services : free and confidential helpline on practice and procedure Accreditation Services : LAZ driven accreditation service with pre-qualification categorisation criteria according to the specialities of law firms Revisit LAZ Strategy : refocus on deliberate and sustainable interventions to upskill members with sui generis, be-spoke and trending legal skills
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Q & A
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