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Compelling Research. Compelling Results. ©2016 The BTI Consulting Group, Inc. All Rights Reserved. 2017 BTI Practice Outlook Changes, Trends and Opportunities for Law Firms Executive Summary

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Page 1: BTI Practice Outlook 2017 Executive Summary

Compelling Research. Compelling Results.©2016 The BTI Consulting Group, Inc. All Rights Reserved.

2017

BTI Practice OutlookChanges, Trends and Opportunities for Law Firms

Executive Summary

Page 2: BTI Practice Outlook 2017 Executive Summary

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©2016 The BTI Consulting Group, Inc. All rights reserved. +1 617 439 0333 www.bticonsulting.com BTI Practice Outlook 2017:

Changes, Trends and Opportunities for Law Firms

Introduction High Opportunity in a Low-Growth Market

Market Trends in 2017 5 Overarching Trends Driving the Future of the Legal Industry

• 4 of the 5 Largest Practices Getting More Legal Budget in 2017 • Cybersecurity and Data Privacy Demand Outstrips Supply • Corporate Legal Spending Hits Record • 3 Industries Showing Most Need for Complex Work • Flat Markets Mask Legal Crosscurrents & Enormous Opportunity

Practice Outlook: Where to Find Growth in 2017 Opportunity Hot Spots in 2017 BTI’s Practice Roadmap 2017

• Priority Practices • Opportunistic Practices • Cornerstone Practices • Tactical Practices • Crossover Practices

BTI’s Industry Opportunity Zone Identifying Hot Spots and Pressure Points in 2017

Practice Spotlights Market Drivers and Trends by Practice

• Cybersecurity and Data Privacy • Regulatory • Class Actions • Bet-the-Company Litigation • M&A

Practice Spotlights | cont. • Litigation • Securities and Finance • Investigations • IP Litigation • Restructuring • Bankruptcy • Environmental • Corporate • Employment • Tax • Real Estate • Intellectual Property

Seizing Opportunities: How to Grow in 2017 4 Strategies for Success in 2017

• Act as a Business Advisor • Focus on High-return Differentiators • Look for a New Entry Point to High-rate Matters • Create Targeted Client Development Plans

Research Methodology and Approach

About The BTI Consulting Group Driving Superior Client Relationships Fueling Growth and Profits with Clientelligence® Key Services to Help Our Clients BTI Research and Publications Terms of Use Contact BTI

INCLUDED IN BTI PRACTICE OUTLOOK 2017:

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©2016 The BTI Consulting Group, Inc. All rights reserved. +1 617 439 0333 www.bticonsulting.com BTI Practice Outlook 2017:

Changes, Trends and Opportunities for Law Firms

$47.2B

$57.0B $59.9B $60.3B $60.8B

Detecting new opportunities as they emerge secures a competitive advantage in slow-growth markets

Today’s legal market—while stagnating in terms of size—is anything but slow moving.

New opportunities are unannounced and pounced on by client-centric firms. Capturing these opportunities requires understanding what clients are trying to achieve next, not what clients have historically done in the past. BTI Practice Outlook 2017 goes beyond the data points to explain the state of the market, and zeroes in on the top needs and frustrations motivating client hiring (and spending) decisions in 2017.

HIGH OPPORTUNITY IN A LOW-GROWTH MARKET TRENDS AND OPPORTUNITIES FOR LAW FIRMS IN 2017

2005 2010 2015 2016

US Outside Counsel Market Size

In 2017, the market for outside counsel services in the US is

expected to grow only

0.9%

2017

Page 4: BTI Practice Outlook 2017 Executive Summary

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©2016 The BTI Consulting Group, Inc. All rights reserved. +1 617 439 0333 www.bticonsulting.com BTI Practice Outlook 2017:

Changes, Trends and Opportunities for Law Firms

5 Trends Shaping the Legal Market in 2017

1. 4 OF THE 5 LARGEST PRACTICES ARE GETTING MORE LEGAL BUDGET IN 2017 While Litigation shrinks, Employment, Securities, IP and M&A will receive a bigger portion of the budget, and the law firms in conversation with their clients are best positioned to capture this rare incremental spending coming into the market. (See page 6 in full report)

2. CYBERSECURITY AND DATA PRIVACY DEMAND OUTSTRIPS SUPPLY As hard as law firms try, they just can’t keep up with demand. Breaches and risk are growing and outpacing the ability to find the attorneys needed to make a dent in demand. (See page 24 in full report)

3. CORPORATE LEGAL SPENDING HITS RECORD Large clients are now spending more, on a per-company basis, than ever—beating the last record by $200,000 to $1 million per company. (See page 5 in full report)

4. BANKING, FINANCIAL SERVICES, AND PHARMACEUTICALS SHOW MOST NEED FOR COMPLEX WORK 3 of the biggest legal spending industries are driving the new demand for complex work, as they undergo internal change while trying to stay in compliance and chart new strategies. (See page 20 in full report)

5. FLAT MARKETS MASK LEGAL CROSSCURRENTS AND ENORMOUS OPPORTUNITY The action in the legal market is under the surface. Overall spending is up a fraction, which may sound bleak, but new needs and a surging market for complex work offer substantial opportunity as clients move money around to accommodate the higher-risk work. (See page 1 in full report)

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©2016 The BTI Consulting Group, Inc. All rights reserved. +1 617 439 0333 www.bticonsulting.com BTI Practice Outlook 2017:

Changes, Trends and Opportunities for Law Firms

Practice Outlook:

Where to Find Growth in 2017 The most difficult reality facing law firms today is the unlikely return of rapid growth and double-digit spending increases. Now law firms are tasked with identifying, creating, and exploiting growth segments. BTI’s translates its research with more than 330 corporate counsel into the best opportunities for growth—by practice and by industry.

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©2016 The BTI Consulting Group, Inc. All rights reserved. +1 617 439 0333 www.bticonsulting.com BTI Practice Outlook 2017:

Changes, Trends and Opportunities for Law Firms

ROUTINE RATES

= $1 Billion Market Opportunity

PREMIUM RATES RELATIVE RATES

GR

OW

TH P

RO

SPEC

TS

HIGHER GROWTH

NEGATIVE GROWTH

TACTICAL PRACTICES PRIORITY PRACTICES

OPPORTUNISTIC PRACTICES CORNERSTONE PRACTICES

BTI’S PRACTICE ROADMAP 2017 ANALYSIS OF LEGAL PRACTICES BY GROWTH, RELATIVE RATES, AND MARKET SIZE

RELATIVE RATE PREMIUMS IN BTI PRACTICE OUTLOOK 2017 Since the financial crisis, legal decision makers have been putting more rate pressure on their law firms—making cost competitiveness a market imperative. Each practice is evaluated by its access to rate premiums. Practice areas with the most potential for premium rates are on the right-side of the roadmap.

PROJECTED SPENDING GROWTH IN BTI PRACTICE OUTLOOK 2017 In the current legal market, predicting and reacting to how companies are allocating their legal budget can be a major source of advantage. The practices expected to see the most growth in 2017 are on the top of the roadmap.

PRACTICE REVENUE POTENTIAL IN BTI PRACTICE OUTLOOK 2017 A critical factor for any law firm is understanding the total potential revenue a practice can deliver to your firm. The larger the bubble representing a practice, the more revenue potential.

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©2016 The BTI Consulting Group, Inc. All rights reserved. +1 617 439 0333 www.bticonsulting.com BTI Practice Outlook 2017:

Changes, Trends and Opportunities for Law Firms

BTI Opportunity Zone:

Identifying Hot Spots and Pressure Points For 17 major practice segments, BTI analyzes which client industries are expected to have increased needs and spending—and which are declining. BTI’s Industry Opportunity Zone matrix zeroes in on the industries and practice areas promising strong growth opportunities in 2017. Actively target clients within these industries for access to increased spending and premium billing rates.

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©2016 The BTI Consulting Group, Inc. All rights reserved. +1 617 439 0333 www.bticonsulting.com BTI Practice Outlook 2017:

Changes, Trends and Opportunities for Law Firms

Banking

Chemicals

Consumer Goods

Energy

Financial Services

Health Care

High Tech

Insurance

Manufacturing

Pharmaceuticals

Professional Services

Retail Trade

Telecom

Transportation

Utilities

Wholesale Trade

BTI’S INDUSTRY OPPORTUNITY MATRIX LOOKING FOR GROWTH BY PRACTICE AND BY INDUSTRY

Top growth prospects Moderate growth prospects Low growth prospects

Full chart shows which practices and industries offer the TOP GROWTH PROSPECTS Despite disappointing growth in the overall market for outside counsel services, these areas are slated for prime growth and higher-than-market rates.

Full chart shows which practices and industries offer MODERATE GROWTH PROSPECTS The legal market in 2017 will largely be neutral in terms of dollar growth. There will be little change in terms of spending and clients needs in these practice segments.

Full chart shows which practices and industries offer LOW GROWTH PROSPECTS The most successful growth strategies are consistent with market realities—and in these low growth prospect sectors rapid growth is not going to return in the near future.

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©2016 The BTI Consulting Group, Inc. All rights reserved. +1 617 439 0333 www.bticonsulting.com BTI Practice Outlook 2017:

Changes, Trends and Opportunities for Law Firms

Practice Spotlights:

Market Drivers and Trends by Practice MARKET SIZE TRENDS: Understand the potential revenue opportunities available in each practice—and how major changes have impacted your firm’s ability to be profitable.

INDUSTRY OPPORTUNITIES: For 17 major practice segments, BTI analyzes which client industries are expected to have increased needs and spending—and which are declining. PRACTICE DRIVERS: Current trends and developments impacting the type of opportunities available.

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©2016 The BTI Consulting Group, Inc. All rights reserved. +1 617 439 0333 www.bticonsulting.com BTI Practice Outlook 2017:

Changes, Trends and Opportunities for Law Firms

READING BTI’S PRACTICE SPOTLIGHTS

INDUSTRY OPPORTUNITY ZONE For every major practice segment, BTI analyzes which client industries are expected to have increased needs and spending—and which are declining.

Top growth prospects Despite disappointing growth in the overall market for outside counsel services, these areas are slated for prime growth and higher-than-market rates.

Moderate growth prospects The legal market in 2017 will largely be neutral in terms of dollar growth. There will be little change in terms of spending and clients’ needs in these practice segments.

Low growth prospects The most successful growth strategies are consistent with market realities—and in these low growth prospect sectors rapid growth is not going to return in the near future.

MARKET SIZE TRENDS BTI has tracked the legal market for the past 17 years. Use this data to understand the potential revenue opportunities available in each practice—and how major changes have impacted your firm’s ability to be profitable.

PRACTICE DRIVERS Current trends and developments impacting

the type of opportunities available.

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©2016 The BTI Consulting Group, Inc. All rights reserved. +1 617 439 0333 www.bticonsulting.com BTI Practice Outlook 2017:

Changes, Trends and Opportunities for Law Firms

Research Methodology and Approach

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©2016 The BTI Consulting Group, Inc. All rights reserved. +1 617 439 0333 www.bticonsulting.com BTI Practice Outlook 2017:

Changes, Trends and Opportunities for Law Firms

BTI Practice Outlook 2017 is based solely on in-depth telephone interviews with leading legal decision makers. This comprehensive analysis trends data from more than 4,800 corporate counsel client interviews conducted over the span of 17 years. This research is independent and unbiased—no law firm or organization other than BTI sponsors this study. Each year, BTI reaches out to a sample of legal decision makers at large organizations with $1 billion or more in revenue. Participants are granted confidentiality at the individual and organizational level.

2017 Survey Participant Demographics

324 in-depth telephone interviews Interviews

Conducted between February 18 and August 1, 2016 Time Frame

Respondents receive a complimentary report of legal benchmarks and metrics

Incentives

OVERVIEW

$13.8 billion

$4.9 billion

Average Revenue Median Revenue

ORGANIZATIONS WITH HIGHEST LEVELS OF LEGAL SPENDING

REPRESENTATIVE

OF MORE THAN 15

INDUSTRY SEGMENTS

Banking

Chemicals

Consumer Goods

Energy

Financial Services

Food & Agriculture

Health Care

High Tech

Insurance

Investment Banks

Manufacturing

Pharmaceuticals

Professional Services

Retail Trade

Telecom

Transportation

Wholesale Trade

• General Counsel/Chief Legal Officer • Direct Report to General Counsel • Other Legal Decision Maker

HIGHEST-RANKING LEGAL DECISION MAKERS

RESEARCH METHODOLOGY AND APPROACH

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©2016 The BTI Consulting Group, Inc. All rights reserved. +1 617 439 0333 www.bticonsulting.com BTI Practice Outlook 2017:

Changes, Trends and Opportunities for Law Firms

About The BTI Consulting Group

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©2016 The BTI Consulting Group, Inc. All rights reserved. +1 617 439 0333 www.bticonsulting.com BTI Practice Outlook 2017:

Changes, Trends and Opportunities for Law Firms

Driving Superior Client Relationships. Fueling Superior Growth and Profits.

BTI conducts more independent research on how clients acquire, manage, and evaluate their professional service providers than virtually anyone.

We benchmark how Fortune 1000 companies buy, how professional services firms sell, and how to manage service provider performance. Through more than 14,000 independent interviews with C-level executives and systematic analysis, BTI has helped professionals boost client service for over 25 years.

We examine the market from the client’s perspective. Our proprietary methods include open-ended interviews with high-level executives and decision makers, carried out by highly trained senior interviewers. These are not to be confused with check-off-the-box surveys. Our reports and findings are based on what your clients and users say: We don’t put words in their mouths and we don’t look to third parties to report what your clients are saying.

BTI is the leading provider of strategic, client-based research to the legal community. BTI has helped more than 200 law firms and professional services firms improve client service through compelling research and advice. We conduct the only continuous benchmarking market study in the legal services industry, now in its 17th year.

Clients use BTI’s insightful, custom client feedback surveys to drive change, create urgency, and substantially boost performance.

BTI has helped professional services

firms boost client service for 27 years

WHO WE ARE

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©2016 The BTI Consulting Group, Inc. All rights reserved. +1 617 439 0333 www.bticonsulting.com BTI Practice Outlook 2017:

Changes, Trends and Opportunities for Law Firms

Pinpoint your strengths—and weaknesses— in the activities proven to drive growth

THE 17 ACTIVITIES DRIVING GROWTH

Quadrant I: Relationship Bliss 1. Commitment to help 2. Client focus 3. Understanding the client’s business 4. Providing value for the dollar

Quadrant II: Price of Admission 5. Legal skills 6. Quality 7. Meeting core scope 8. Keeping clients informed 9. Dealing with unexpected changes 10. Handling problems

Quadrant III: Relationship Builders

11. Breadth of services 12. Helping advise on business issues 13. Regional reputation 14. Unprompted communication 15. Bringing together resources

Quadrant IV: Business Magnets

16. Anticipating the client’s needs 17. Innovative approach

BTI’s more than 25 years of research pinpoint the 17 activities responsible for driving the absolute best client relationships. In essence, they are how clients define client service excellence and what clients expect out of the firms with whom they have the best relationships. The best-in-class performances in these activities are proven to drive superior financial performance. There’s only 1 way to determine if you are hitting the best-in-class threshold: Ask. Client feedback allows you to unequivocally pinpoint where you are excelling and where you need systematic improvements in your relationships. The best feedback initiatives not only assess how you and your firm perform, but also look at the performance of the competitors also serving your clients. At the end of the day, what does it matter if a client thinks you are doing great, if a competitor is doing better?

LEARN MORE ABOUT THE 17 ACTIVITIES AND

BTI’S NEWEST BOOK: CLIENTELLIGENCE:

HOW SUPERIOR CLIENT RELATIONSHIPS

FUEL GROWTH AND PROFITS

www.bticonsulting.com/17

IMMEDIATELY DRIVE GROWTH WITH CLIENTELLIGENCE®

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©2016 The BTI Consulting Group, Inc. All rights reserved. +1 617 439 0333 www.bticonsulting.com BTI Practice Outlook 2017:

Changes, Trends and Opportunities for Law Firms

BUSINESS DEVELOPMENT

BTI looks at PERFORMANCE in new ways—driving adoption of new tactics and better results. Strategic Business Planning Client-focused Business Practices Custom Training

Please contact Michael B. Rynowecer at +1 617 439 0333 or [email protected] to learn more about BTI’s custom research & services.

CUSTOM CLIENT FEEDBACK RESEARCH

High-impact client feedback drives SUPERIOR client service. Superior client service drives growth. Client Service Performance Studies Client Needs Assessment Your Firm’s Client Service Score

MARKET ASSESSMENT

Establish a DIFFERENTIATED position—with less risk, lower costs, and a greater chance of success. Brand Health & Market Awareness Studies New Market Entry Assessments

STRATEGIC PLANNING

Assess your options to find the GROWTH best suited to your firm: from least risk to highest return and anything in between. Financial and Market Performance Competitive Analysis

CLIENT INSIGHT BRIEFINGS

Tailored to your firm and chock full of CLIENT-BASED insights, BTI briefings draw from our research and experience to help you boost client satisfaction, increase client retention, and improve your performance.

USE BTI’S SERVICES AND RESEARCH TO:

Drive new business immediately

Keep competitors out of your client base

Find your strengths…and weaknesses

Learn what clients really want from you

BTI Provides a Broad Range of Services for Our Clients, Including:

KEY SERVICES TO HELP OUR CLIENTS

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©2016 The BTI Consulting Group, Inc. All rights reserved. +1 617 439 0333 www.bticonsulting.com BTI Practice Outlook 2017:

Changes, Trends and Opportunities for Law Firms

The data and insight found in BTI’s reports are used to train attorneys, guide business development, inform strategy, and calibrate market trends against firm tactics. In short, you get many of the benefits of a custom study commissioned for your firm, at a fraction of the cost. These insights are proven to drive growth and client retention and protect fees. All of our reports come with a 100% satisfaction guarantee and complete telephone support to help you maximize the value from our publications.

You can order these and other compelling BTI research or publications at www.bticonsulting.com.

BTI LITIGATION OUTLOOK 2017 – NOW AVAILABLE

Your guide to understanding how clients’ expectations are changing to help you grow and capture new market opportunities, take smart risks, and spur innovation.

BTI Litigation Outlook 2017 helps you create and provide solutions before clients realize they need them.

BTI CLIENT SERVICE A-TEAM 2017 – TO BE RELEASED NOVEMBER 2016 17 activities drive superior client relationships. 4 matter most.

Discover how clients rate more than 300 law firms—by name—in these key activities, including Client Focus, Commitment to Help, Legal Skills, and

Provides Value for the Dollar.

BTI BRAND ELITE 2016 Based on why clients hire and recommend law firms—not the services, size, or

location of a law firm—BTI’s research reveals how law firms of any size reap substantial new business by improving brand perceptions in the market.

BTI CLIENT SERVICE ALL-STARS 2016 312 attorneys step up to meet—and exceed—clients’ expectations and

earn recognition, by name, from corporate counsel for delivering the absolute best client service.

ADDITIONAL INSIGHTS FROM BTI RESEARCH AND PUBLICATIONS

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©2016 The BTI Consulting Group, Inc. All rights reserved. +1 617 439 0333 www.bticonsulting.com BTI Practice Outlook 2017:

Changes, Trends and Opportunities for Law Firms

This copy of BTI Practice Outlook 2017 is licensed to you for private, noncommercial use for internal, company purposes. No portion of this information may be copied or transmitted in any form, shape, or manner without the prior written consent of The BTI Consulting Group, Inc., of Wellesley, MA. Any violation of this license may be punishable by applicable federal statutes and subject the user to additional and compensatory licensing fees. Copyright ©The BTI Consulting Group, Inc., 2016.

Address any questions to: The BTI Consulting Group, Inc. 396 Washington Street, Suite 314 Wellesley, MA 02481 +1 617 439 0333

TERMS OF USE

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©2016 The BTI Consulting Group, Inc. All rights reserved. +1 617 439 0333 www.bticonsulting.com BTI Practice Outlook 2017:

Changes, Trends and Opportunities for Law Firms

Questions? Research inquiries? Interested in becoming a BTI Client?

For more information on BTI’s research, seminars, training, or workshops, please call:

+1.617.439.0333

Email Michael B. Rynowecer, BTI President, directly at: [email protected]

Email Jennifer Petrone Dezso, BTI Principal, directly at: [email protected]

Reach BTI on the web at: www.bticonsulting.com

Read The Mad Clientist—BTI’s blog at: www.bticonsulting.com/themadclientist

CONTACT BTI

Page 20: BTI Practice Outlook 2017 Executive Summary

The BTI Consulting Group, Inc.396 Washington Street, Suite 314Wellesley, MA 02481-6209

Tel: +1 617 439 0333Fax: +1 617 439 9174

www.bticonsulting.com