The 23-attorney Kenny Nachwalter litigation boutique likes its place in the world, quietly handling sophisticated and complex cases on a nationwide platform.

In a profession with plenty of tireless self-promoters, Kenny Nachwalter relies on word of mouth from clients and other lawyers to open new doors.

The firm's president, Richard H. Critchlow, has spent more than 40 years as a litigator. He answers questions offering insight into the firm's operations and practices.

Head count: 18 shareholders, 1 of counsel, 4 associates

Locations: Miami; Austin, Texas; and Washington, D.C.

Practice areas: We are known for our strength in complex business litigation, which includes:

• Plaintiffs' antitrust; antitrust defense and counselling;
• Defense of legal and accounting complex malpractice or third-party claims;
• Defense of professionals, directors, officers and others caught up in assertions of conspiracy, securities fraud, Ponzi schemes or RICO claims in litigation or enforcement actions;
• Independent investigations; shareholder derivative suits;
• Health care business disputes; federal and state enforcement actions;
• Real estate litigation and breaches in business relationships;
• Intellectual property rights enforcement;
• Tax controversies in U.S. district court;
• Mediation, arbitration and special master engagements.

Governance structure and compensation model:

Kenny Nachwalter has a five-person board of directors, which delegates authority to an executive committee. Additionally, other experienced shareholders at KNPA have specific areas in which they participate in our day-to-day operations, such as IT interface, associate development, and ethics and internal issues.

Compensation includes a conservative base salary, supplemented with bonuses based on cash flow as established by the executive committee. We do not use a formula for compensation.

Do you offer alternative fee arrangements?

KNPA works with clients to develop competitive fee arrangements that fit the client's needs and that are appropriate for the litigation challenges presented.

What do you view as the two biggest opportunities for your firm, and what are the two biggest threats?

At Kenny Nachwalter, our greatest opportunity is to engage on behalf of clients in multi- dimensional civil or enforcement litigation. We have built our practice by providing high-quality litigation and trial services for our clients with nimbleness and creativity at value-based fees.

In many instances, KNPA's civil cases involve criminal or regulatory issues, distressed companies, multi-party or multi-jurisdiction matters, or class action defense. Our cases often involve coordination with multiple law firms and co-parties. We are frequently sought out by other law firms and in-house counsel to work hand in hand on sophisticated and complex matters.

National and local law and accounting firms seek us out for sophisticated representation in their own most complex matters, including their malpractice defense. KNPA regularly provides ethics advice to other law firms and, for more than 40 years, Kenny Nachwalter has maintained a reputation for being the “lawyers' lawyer.”

In multi-dimensional business litigation, we are in a strong position to provide outstanding services through highly skilled and experienced lawyers who are fully immersed in their cases at a lower total cost than a typical big firm structure provides. We have always been a leader at using our informal structure and adaptability, as well as technology, litigation strategy and trial teams to leverage our attorneys' skills in litigating, trying and resolving very sophisticated lawsuits throughout Florida and all major commercial centers in the United States.

Whether seeking substantial recovery for victims of corporate wrongdoing or solving “bet-the- company” litigation risks, our track record of success and reservoir of strong relationships, satisfied clients and corporate counsel provide a unique platform for Kenny Nachwalter in national and local litigation.

We view our greatest challenge as promoting Kenny Nachwalter discretely in the age of self- promotion. While other firms capitalize on their clients' cases, we have always held ourselves to a stricter standard, choosing not to publicize our clients' matters to promote ourselves. Instead, we have prided ourselves on creative, cutting-edge legal work, maintaining a high intellectual capacity to respond to and stay ahead of changes in the law, technology, trends and client needs.

Word of mouth from other lawyers and satisfied clients has historically driven awareness to Kenny Nachwalter. With a larger national and multi-national legal community and more lawyers willing to discuss client matters publicly, our strict adherence to client confidentiality reduces opportunities for competitive marketing.

Another challenge is that businesses and individuals lean toward engaging large, national “brand names,” primarily because they are unfamiliar with the depth of representation available at a boutique firm. Without this awareness and consideration of the differences in efficiency, creativity and staffing that a smaller firm offers, clients may limit their options for solving their problems.

The legal market is so competitive now — what trends do you see, and has anything, including alternative service providers, altered your approach? Is your chief competition other mid-market firms, or is your firm competing against big firms for the same work?

Our chief competitors are large sophisticated national law firms. Kenny Nachwalter's niche in the market is the ability to provide large firm sophistication with the personal responsiveness and involvement of a boutique firm staffed by more senior and experienced lawyers. We have no pyramiding structure involving layers of young lawyers with a limited understanding of the legal issues, strategies or litigation process. Our structure provides a competitive advantage, as it ensures efficient and effective use of the time for which clients are billed.

There is much debate around how law firms can foster the next generation of legal talent. What advantages and disadvantages do midsize firms have in attracting and retaining young lawyers, particularly millennials?

Younger lawyers are more aware of the national and international firms, which are structured to attract more applicants and appear to offer more opportunities for development and advancement. Our practice is to hire laterally or from federal clerkships. Our size gives younger lawyers more involvement in the strategy and investigation of cases from the start and allows all of our lawyers to work and learn in a cooperative environment. There is no hierarchy to work through to solve problems or to get work. There is no inter-associate competitiveness. Kenny Nachwalter maintains its size to ensure that its culture and excellence continue.

Does your firm employ any nonlawyer professionals in high-level positions (e.g. COO, business development officer, chief strategy officer, etc.)? If so, why is it advantageous to have a nonlawyer in that role? If not, have you considered hiring any?

No. Our size allows us to work closely with our legal administrator, accounting manager, IT director and controller without hiring other such specialists.

What would you say is the most innovative thing your firm has done recently, whether it be technology advancements, internal operations, how you work with clients, etc.?

Our firm maintains a professionally staffed, commercial grade, state-of-the-art electronic data and document processing center, which allows us to provide cost efficient litigation support and deliver considerable value to our clients.

Does your firm have a succession plan in place? If so, what challenges do you face in trying to execute that plan? If you don't currently have a plan, is it an issue your firm is thinking about?

We do not have a formal succession plan. Our “succession plan” is to do great work. So far, this has been a successful plan. Since 1978, younger lawyers have become part of our success and brand, enhancing their own and Kenny Nachwalter's reputation. We are known in the community for having little turnover. In the natural order of life, older lawyers slow down, and others rise to take up the work, with no loss of excellence or reputation. Kenny Nachwalter has continued to thrive as this cycle continues.