“The moment you make a mistake in pricing, you’re eating into your reputation or your profits,” wisely stated Katherine Paine, emphasizing the critical importance of understanding the strategic value in pricing. As we look ahead to 2024, law firms are operating in an increasingly complex and dynamic environment, with AI hype, lawyer engagement challenges, returning-to-office issues, and economic uncertainty adding to the urgency to adapt and evolve.

Recent years have seen a steady climb in rates, averaging well over 6% for most firms. Still, the question on everyone’s minds is whether this trend will continue into 2024.

Discovering Fair Value: A New Approach

Rather than focusing on increasing rates, the current industry landscape demands an innovative approach. Law firms must develop processes that enable their lawyers to discover fair value. This emphasis on understanding value helps bridge the gap between cost and price, aligning better with client expectations and market dynamics.

On this path, avoid the usual mistakes I’ve previously discussed, and focus on value considerations.

Three Common Rate Management Mistakes

• Avoid Unnecessary Discounting: Offering discounts without a clear rationale can seriously weaken a firm’s standing in the market and reduce its profitability. So when can a discount be considered justified? When the discount aligns with the firm’s targeted market position, the rate is reasonable, allowing for the proper allocation of resources, such as hiring skilled lawyers to perform the work effectively while maintaining profitability. Additionally, a justified discount should present an opportunity for the firm to be recognized and rewarded for outstanding results, perhaps with a success fee. Unfortunately, the mistake often made in indiscriminate discounting is that these vital considerations are overlooked, and the discount is granted impulsively. Avoiding this practice to safeguard the firm’s market position and profitability is essential.
• Beware of Rate Stagnation: Failing to adapt to market trends can lead to stagnation, placing firms in a precarious position where they risk falling behind their competitors. This is not a transient issue; the compounding effects of such a mistake can persist for years, undermining growth and profitability. It underscores the importance of being vigilant and responsive to market dynamics. Firms should proactively identify and rectify any pricing strategies, such as unjustified flat rates, that may be misaligned with current market conditions. Doing so can ensure competitiveness and foster sustainable growth.
• Reduce Dispersion or Fragmentation: When a firm’s rates are highly varied, it can create confusion and detract from its overall market position. This inconsistency can lead to a perceived lack of strategy and clarity, hindering growth and client trust.

Our 2024 Forecast and Advice

• Rate Increases Staying in Their Trajectory: Despite the underlying uncertainties, the existing momentum in rate increases is expected to persist, further emphasizing the need for strategic rate management. Those firms who hesitate risk falling behind.
• Price on Purpose: It is vital for firms to realize that random acts will not lead to successful rate management. Pricing must be purposeful, guided by well-defined strategies, and aligned with the firm’s strategic objectives.
• Timing Is Crucial: Since we are in the later stages of an industry decade-long pricing cycle, getting it right has never been more important. A well-calibrated approach to pricing can lead to sustainable growth and resilience.

Conclusion

As we forge into 2024, the intricacies of rate setting for law firms unfold in new dimensions. Balancing the ongoing trends with a keen eye on delivering value, avoiding common errors, and being purposeful in pricing strategies can set the stage for success.

In these uncertain times, aligning your rate strategies with your firm’s core values and market demands can be the difference between thriving and merely surviving. As in many professional endeavors, pricing, precision, purpose, and timely action are your strongest allies.