When the Phone Stops Ringing

What Big Law Figured Out – Part One of Four

The most dangerous threat to your firm will not announce itself. Clients will not explain why they move on. The work just stops.

Jae Um, legal analyst and founder of Lumio, explained this on the AI and the Future of Law podcast, hosted by Jen Leonard of Creative Lawyers and Bridget McCormack of the American Arbitration Association. In some practices, the phone simply stops ringing. You are left guessing. A client found a cheaper way and the work got done elsewhere. No announcement, no discussion.

One in-house counsel completed a $10,000 matter with a $20/month tool. The former law firm never knew. You cannot measure what you never received.

That is the nature of this threat. Missed matters go untracked, making the competitive loss invisible.

Most firms focus on visible work at risk: commoditized, high-volume matters with price pressure. But a bigger risk is work leaving the firm unnoticed. When clients handle legal matters elsewhere, no one notices until the pattern has continued for months. The key question is not where price pressure appears, but where work disappears before you see it.

The most exposed position, in my experience, is serving clients you barely know. If you do not truly understand these clients’ businesses, you will not spot a problem before it becomes a decision. When a $20/month tool is viable, the client weighs it against your cost. If your value is not clear, they choose differently. They will not say why; they will simply stop calling.

If clients are solely focused on price, the risk of loss is high. Lawyers must be able to communicate their value beyond just the price, including judgment, experience, track record in court, $ won, $ saved, reputation, creativity, references, etc.

A general counsel in Um’s analysis said it plainly: “If a firm isn’t cannibalizing its own inefficient billable hours, we will find a firm that will.”

Take that as a forecast. Clients already have alternatives, and they are signalling what happens if you do not act first.

Um described how this pressure arrives to a room full of managing partners in London. It never comes as one event. New business gets harder to win, and existing matters shrink. Realization rates slip, and it will be hard to say why.

If you are asking the right questions, you are already ahead. A Cleary senior partner advised: envision the business that would put yours out of business. This explains the threat faster than any market analysis.

For each major practice area, ask: how hard is it for clients to solve this another way? The competitor may not be another firm, but a $20/month subscription. If the honest answer is “not very hard,” that area is more exposed than you may be treating it.

The most at-risk work is process-driven: matters where clients with the right tool and some internal capacity can reach an acceptable result without you. Think work that follows a predictable process and produces a predictable result. The work least at risk requires judgment that the client cannot buy off the shelf, especially where the stakes are material and getting it wrong costs far more than the tool costs to try. Most firms have both: the question is whether you know which is which.

If your firm is smaller, you have a real advantage here. Close client relationships are an early-warning system, but only if you use them that way. Ask clients directly what they are handling without you. Learn what tools or services they are already using. Knowing this before you need it gives you time to respond.

This is not a cause for paralysis. The same disruption pulling work away from firms that are not paying attention is creating real opportunity for those that are. If you understand what you deliver and can make that case against the alternatives, you will be in a stronger position at the end of this period than you are now.

Don’t wait for silence to signal risk. Contact clients now and ask specifically why their needs are changing. Taking initiative to reach out demonstrates attentiveness, not desperation. Approach these conversations as opportunities to help clients with their challenges and reinforce your commitment to their success. Be proactive: schedule conversations, request candid feedback, and use what you learn to adapt immediately. The managing partners who do this consistently and directly are the ones who stay ahead of shifting client expectations.

This article is the first in my “What Big Law Figured Out” series, inspired by the AI and the Future of Law podcast featuring Jae Um. In Part two, learn how to design AI investment around a distinct competitive strategy, not by following others. Part three will walk you through essential foundations to put in place before any investment discussion. Act on these insights today to outpace competitors tomorrow.

Pricing the Client, Not the Work: A More Flexible, Value-Driven Approach to Legal Billing

I often see lawyers debating on LinkedIn about the merits and disadvantages of hourly billing versus value-based pricing. I don’t see it as a question of doing it one way vs. the other. Each client will have their own unique needs regarding how they prefer to be billed. And it doesn’t have to be just one way. The right way to price/bill is the one that best meets your client’s needs.

We need to start offering options: that could mean two or three different options, including hourly billing or value-based pricing, or a hybrid billing option, which includes a monthly retainer plus hourly billing, etc. This is my twist on “Price the client, not the work”, as Ron Baker recommends.

Clients Have Different Needs, So Give Them Different Options

Some clients still prefer hourly billing. Others want predictability through flat fees or monthly retainers. Some are open to value-based pricing or outcome-contingent models. A few are even willing to pay a premium for guarantees or guaranteed availability.

All of these models can coexist. Your job is not to convince every client to fit your preferred pricing/billing method. Your job is to understand what the client values, then design a fee structure that reflects that.

In Implementing Value Pricing, Ron Baker lays out a clear, eight-step process for moving firms toward value-based pricing models. But even Baker doesn’t argue that it’s all or nothing. Instead, it’s about moving along a continuum, away from pricing based on effort, toward pricing based on value.

Hourly Billing Isn’t Going Anywhere, But It Shouldn’t Be the Only Option

Let’s be realistic: hourly billing isn’t disappearing anytime soon. And that’s okay. What we can do is evolve from relying on it as our only pricing model.

Hybrid models are often more practical and better aligned with both firm and client interests. A client might be on a monthly flat fee for routine advisory work, with defined scope projects priced at a fixed fee, and a litigation file on a success-based arrangement.

The point is flexibility. And when you build tailored fee structures, you change the conversation from “what’s your hourly rate?” to “how can we work together in a way that makes sense for both of us?”

Unique Pricing Drives Unique Value and Breaks the Race to the Bottom

If your pricing model looks like everyone else’s, then you’re just another commodity. That’s when clients start comparison shopping based on price alone.

But if you’re structuring your pricing based on deep knowledge of the client’s goals and preferred ways of working, you’re no longer interchangeable. You’re delivering something tailored and valuable. You’re a legal professional, not a plumber.

And most importantly, you’re helping the client win, which means you’ll win too.

Track Your Time Even When You’re Not Billing It

One more essential point: I believe you should still record time, even when using non-hourly billing models.

Time tracking isn’t just for billing. It’s how you understand your internal costs, opportunity costs, and profitability. If you abandon time tracking altogether, you lose visibility into whether a fixed fee or value-based arrangement is actually working for your business.

Think of it as managing a portfolio. You need data to know what’s sustainable and where the value really lies.

Value Pricing Doesn’t Mean Taking All the Risk

A lot of firms resist alternative billing because they think it means giving up control or taking on all the risk. But that’s not the point.

A good pricing model finds a win-win. The client gets predictability or performance incentives, whatever they need most. The firm gets fair compensation aligned with results and client satisfaction.

Bartlit Beck LLP, the original poster child for alternative billing, still did 50% of its work on an hourly basis in the early years. Why? Because not every client was ready to make the shift. Some simply weren’t comfortable. And even the most visionary firms need to meet clients where they are.

Stop Arguing. Start Listening.

We don’t need to keep arguing about which model is superior. Hourly billing is not the villain. Value pricing isn’t a panacea. What matters is what your client wants and needs.

If you build pricing options around that, you’ll build trust and long-term success for both you and your clients.


References and Further Reading:

  • Ron Baker, Implementing Value Pricing: A Radical Business Model for Professional Firms
  • The American Lawyer (1995), Diamonds Are This Firm’s Best Friend – Profile of Bartlit Beck and its hybrid approach to alternative fees

What I’ve Learned from Working with Law Firm Leaders

After decades of consulting with law firm leaders across practices of every size, I’ve observed patterns that separate the firms that thrive from those that merely survive. My conversations in boardrooms, over coffee, and during those long strategy sessions have taught me more about legal leadership than any business school case study ever could.

Here’s what matters when building a profitable, sustainable law practice.

The Numbers Don’t Lie, But They Don’t Tell the Whole Story

Every managing partner I work with can recite their firm’s metrics: billable hours, realization rates, and overhead percentages. However, the most successful leaders understand that profitability starts with people, not spreadsheets.

The lesson? You can optimize your way to mediocrity. The firms that consistently outperform focus first on creating a culture where top talent is retained and clients want to keep coming back.

Strategic Planning Is Worthless Without Strategic Execution

I’ve attended countless strategic planning retreats where partners craft beautiful vision statements and ambitious growth targets. However, many of these plans end up collecting dust within six months.

The difference between successful firms and the rest isn’t the quality of their strategy. It’s their obsession with execution. The best law firm leaders ask three questions every quarter:

  • What did we say we’d do?
  • What did we actually do?
  • Why was there a gap?

The firms that succeed aren’t those with the most sophisticated strategies. They’re the ones that consistently deliver on their commitments, week after week, quarter after quarter.

The Talent War Is Real, and Most Firms Are Losing

Here’s an uncomfortable truth: your best people have options, and they know it. The legal market has fundamentally shifted from an employer’s market to an employee’s market, and many law firm leaders are still operating with an outdated playbook.

The firms winning the talent war aren’t just paying more. They’re creating cultures where lawyers feel valued as professionals, not just billing machines. It’s about respect, development opportunities, and having a voice in firm decisions.

Client Relationships Trump Everything Else

You’d be surprised how many firm leaders treat client development as an afterthought. They’ll spend months debating whether to upgrade their practice management software, but won’t invest in teaching their lawyers how to have meaningful business conversations.

The most profitable firms I work with have cracked the code: they view every client interaction as an opportunity to deepen the relationship, not just complete a transaction. Their lawyers don’t just solve legal problems. They become trusted advisors who understand their clients’ businesses.

Technology Is an Accelerator, Not a Solution

I get calls from managing partners asking about the latest legal tech. “Should we invest in AI for document review?” “What about automated time tracking?” “How do we know if our case management system is holding us back?”

I tell them that technology amplifies what you’re already doing. If your processes are broken, automation helps you fail faster. Collaboration software won’t fix your communication problems if your team isn’t aligned.

The firms that get the most value from technology investments are those that optimize their workflows first and then find tools to support those optimized processes.

The Most Important Conversations Happen Outside the Billable Hour

The best law firm leaders I know are voracious learners who invest heavily in relationships that don’t generate immediate revenue. They serve on nonprofit boards, speak at industry conferences, and maintain networks beyond their practice areas.

These activities might not appear on their timesheets, but they’re often the source of the firm’s most valuable opportunities. Business development isn’t just about pitching services. It’s about becoming the kind of professional others naturally turn to when they need legal counsel.

Looking Forward

The legal profession is changing faster than ever, and the firms that will thrive are those led by partners who embrace that change rather than resist it. They’re data-driven but people-focused, ambitious but sustainable, competitive but collaborative.

If you’re leading a law firm today, remember this: your success isn’t measured by how many hours your team bills this month. It’s measured by whether your best people and best clients will still be with you five years from now.

The most profitable firms are built on a simple foundation: exceptional legal work delivered by engaged professionals to clients who see real value in the relationship.