Managing the Process

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Managing the Process

• Panel Discussion

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Panel

• Nigel Thorne Shoosmiths
• Giles Rubens Hildebrandt Baker Robbins
• John Coman AL Goodbody
• Armen Khachaturyan Asters
• Martin Brodey Dorda Brugger Jordis
• Tomaso Cenci Gianni, Origoni, Grippo Partners

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Key themes of the discussion- client
expectations

• What expectations do clients have when appointing
  and dealing with international law firm groups?
• How do client expectations compare with the
  approach of the WSG and are there regional
  variations in approach by the WSG?
• To what extent should the WSG be seeking to
  emulate international law firms and other
  international legal firm groupings and what are
  barriers to overcome?

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Key themes of the discussion- To what extent are
their practical barriers to meeting client
expectations?

• Terms of business
• Responsibility for fees
• Caps on liability
• Insurance levels
• Consistency of documentation

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Result of WSG Members Survey
What best summarises your overall experience of using other WSG law firms? Excellent 7 Very Good 60 Good 26 Fair 0 Poor 7
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Result of WSG Members Survey
What was the most important attribute of a WSG firm? delivery of advice/work on time (75)
What were the most popular choices for second and third place? Second setting out advice in the format and level of detail required Third value for money
What were the least important soft skills (e.g. language skill, personality etc)
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Result of Client Survey
What was the most important attribute of a foreign law firm? delivery of advice/work on time (71)
What were the most popular choices for second and third place? Second value for money Third certainty of fees
What were the least important soft skills (e.g. language skill, personality etc)
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Meeting Clients International Expectations

• Giles Rubens Hildebrandt Baker Robbins

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Meeting Clients International Expectations-
Response of the Panel

• Who is the WSG in competition with?
• Do clients have differing expectations?
• Does the type of work make a difference?
• Should the WSG be doing anything different to
  meet the challenges?

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Practical barriers to meeting client
expectations? - Question for the Panel

• When using WSG lawyers do you prefer the other
  WSG firms to be engaged by the client or by your
  firm?
• WSG Members survey result 75 say the client
• Client survey result 50 say your firm
• Do you think your clients generally prefer to
  instruct other WSG member firms directly or
  through your firm?
• WSG Members survey result 56 say through your
  firm
• If you are appointed through another WSG member
  do you prefer to be engaged directly by the
  client or by the other WSG firm?
• WSG Members survey result 56 say by the
  client

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Question for the Panel

• When you are appointed by other WSG firms or
  their clients do you always set out the terms of
  your engagement in full or only set out brief
  terms such as fees?
• WSH Members survey result 73 say in full
• Client survey result 88 say in part
• Does it vary depending on whether another WSG
  firm appoints you or it is a direct engagement
  from the client?
• Have you experienced any clients being unhappy
  with having to enter into more than one set of
  engagement terms and conditions with different
  WSG members on the same transaction?

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Question for the Panel

• Would you expect to limit your liability for
  particular pieces of work? Have you any
  experience of any issues arising regarding this
  when either being appointed by clients of other
  WSG firms or when appointing other WSG firms in
  relation to your clients?
• WSG members survey result 63 cap liability
• Client survey result 63 do not accept caps
• Professional indemnity insurance caps vary
  between WSG members. Has this created any issues
  for you or your clients or can you anticipate it
  doing so?
• WSG members survey result cover varies fairly
  evenly from amounts in the Euro nil to 2
  million range to above Euro 100 million.
• Client survey result 33 expect minimum of
  Euro 2m to 5m, 50 expect minimum Euro 5m to 20m,
  17 expect minimum Euro 20m to 50m

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Question for the Panel

• If you engage other WSG members firms do you
  expect them to bill at the same intervals as your
  firm? Has this created any issues for you, other
  WSG members or your clients or can you anticipate
  it doing so?
• WSG Members survey result 80 insist on
  payment at same intervals however 61 also say
  they bill monthly
• Client survey 50 insist on same billing
  intervals

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Question for the Panel

• If you instruct other WSG firms on due diligence
  exercises or on other processes where
  standardisation might be appropriate do you seek
  to apply standard styles, formats, definitions,
  glossaries etc on other WSG firms? Have you had
  any resistance to that?
• WSG Members survey result 75 require the same
  format
• Client survey 84 require the same format

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Question for the Panel

• Do you know if the rules of professional conduct
  in your jurisdiction mean (in the absence of any
  express agreement to the contrary) that if a
  client that you commission work for from another
  WSG member does not pay then your firm will be
  responsible for the fees of the other WSG member?
• WSG Members survey result 20 say they are
  responsible

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• Conclusions?