The revenue earning branch (ie the business not owned by PE and owned by lawyers) has to pay five percent of its revenues every year for intangible assets owned by the PE owned business. Things like licenses and branding. It’s f’d up. |
| If this happens then PE truly will have won. It is totally incompatible with existing legal ethics rules. |
So PE will just be a vendor offering HR and IT services? I mean … |
Law firms don’t really have branding and non-legal licenses or other intangible assets not directly related to the legal services. To do this would require a total overhaul of legal ethics rules. |
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They’re allowed because of called Management Services Agreements. The doctors/attorneys/etc. collect legal fees but must pay money back to the PE entity things like IT and infrastructure.
The MSA thing isn’t just used by PE. Litigation finance firms are pushing into using it to invest in law firms as well (usually midsize litigation firms). In accounting firms, the PE investment often comes with a merger bc the PE firm promises to make operations more streamlined post-merger. There’s an accounting firm called Sorren which is PE backed and was formed by the merger of 13 smaller accounting firms (or close to that number). McDermott did recently acquire Schulte Roth. |
| Not a lawyer, but could see it happening. It’s happening a lot in medicine, and starting to happen in accounting too. |
The whole point is the law firm would invent ip that doesn’t currently exist but they can assign large value to. |
It's already happened in accounting. Outside the Big 4, almost everything is up for grabs. |
How? Isn't their IP essentially confidential client information? |
Yes--accounting is a little different--because in accounting the CPA side keeps all attest functions but the PE side gets the advisory functions in addition to the back office stuff. So the PE side gets both revenue from the back office services they are providing the CPA side AND direct client revenue from the advisory work. |
How? Legislators legislate. Many are/were lawyers, but their ambitions are typically political, and not to do with legal work. |
Regulatory arbitrage. Airbnb is illegal until it's not. Uber is illegal until it's not. This is how opportunities are realized by PE firms. Overhauling legal ethics is not as heavy a lift as it might seem. It wasn't all that long ago that lawyers were not even allowed to advertise. Change comes quickly. |
| Our thoughts and prayers are with BigLaw during this difficult time. |
Let me finish that for you: Anything with a license is simply split up, and turned into fecal rubbish vomit. |