Question 2 from Ep. 41 of the Ask the Law Firm Seller Show: Could you please share an example of a law firm sale that could have achieved more success?
During Ep. 41 of the Ask the Law Firm Seller Show, Jeremy E. Poock, Esq. addresses the following question: Could you please share an example of a law firm sale that could have achieved more success? At the outset, Poock points out the importance of an initial meeting between a Seller and a Buyer and due diligence because of the need to recognize initial yellow flags and even red flags about potential buyers. As Poock states, “[W]e are often explaining to our clients [the] importance to avoid what we call puppy love.” A key factor/test for avoiding “puppy love” involves asking whether lawyer at a potential buyer’s firm match the type of lawyers that a selling law firm wants to continue representing their clients. When sharing an example of a sale that could have achieved more successful, Poock explains the following 2 shortcomings of a particular sale: Shortcoming No. 1 – Fair to Poor Trust Transfer: A key to a successful law firm sale involves transferring the trust of a selling law firm’s clients and referral sources to lawyers at a purchasing law firm, particularly when financial terms for a seller include earnout provisions. In this example, the parties could have achieved more success from Trust Transfer as follows: (a) Unfortunately, lawyers at the purchasing firm did provide 5-Star customer service to several of the selling attorney’s referral sources. As a result, those referral sources stopped referring new clients to the purchasing law firm. (b) The purchasing firm did not allocate resources to develop a particular, growing part of the selling lawyer’s firm. As a result, potential clients for the purchasing firm wound-up retaining other law firms, rather than benefit from the selling attorney’s Trust Transfer, had the purchasing firm allocated resources to develop that practice area. Due to both shortcomings, the Seller did not monetize the sale to its potential success, and the purchasing firm did not succeed to as many new clients as it had expected. Shortcoming No. 2 – Under-Utilized Digital Value: Based upon the selling attorneys’ good will, the purchasing firm could have converted the seller’s Subject Matter Knowledge and good will into digital content for Multi-Channel Digital Marketing, including: (i) Social media posts associating the selling attorney with the purchasing firm; (ii) Publishing podcasts that share the seller’s Subject Matter Knowledge; (iii) Featuring the selling attorney in e-newsletters published by the purchasing firm; and (iv) Recording videos that associate the selling lawyer’s good will with the purchasing firm. Due to not taking advantage of converting the selling attorney’s good will and Subject Matter Knowledge into digital content, the purchasing firm missed the Multi-Channel Digital Marketing opportunities that the selling attorney presented to the purchasing firm. Based upon under-performing Trust Transfer and unrealized digital content, Poock grades this sale as a “C” and also points out that the sale could have received a high B or even an A grade had the parties taken advantage of the Trust Transfer and digital content opportunities that the selling attorney presented to the purchasing law firm.


