Private Equity Firms Look to Cut Legal Spend Amid Downturn
Most in-house counsel at US and UK buyout firms expect to reduce external legal costs, a study has found.
July 15, 2020 at 09:27 AM
3 minute read
Private equity firms in the U.S. and U.K. are looking to cut their legal bills in the coming year, according to a survey of in-house counsel that bodes ill for one of the legal industry's most lucrative practice areas.
The coronavirus pandemic, declining M&A activity and fundraising deal volumes, improved procurement skills, and a desire for greater billing transparency have all led to a push to reduce legal spend, the poll of 100 legal executives at buyout houses found.
In total, 86% of the legal departments said they expected their external legal spend to reduce in 2020. In the U.S. 98% said so, while the figure dropped to 74% in the U.K.
The study, commissioned by legal spend management company Apperio and conducted by independent research firm Coleman Parkes, surveyed private equity firms that had on average more than $10 billion under management.
The research found that U.S.-based buyout houses spent an average of $10.5 million on legal fees in 2019, while U.K.-based houses spent $8.6 million. At the upper end of the spectrum, 6% of firms in the U.S. and 4% in the U.K. spent more than $25 million on external legal fees.
Increased scrutiny on costs is essential, according to one U.K.-based general counsel at a top international private equity firm, who said law firms charge an ever-increasing amount for the same service, which in many cases is quite commoditised.
The GC pointed out however, that some buyout firms have less purchasing power which means they are held more tightly to whatever the law firm says the price is for work completed.
The news comes after top U.S. private equity firm KKR was reported to have asked its legal and financial advisers for discounts as the global economy suffers from the coronavirus pandemic.
A lack of transparency around legal billing was an issue for most of the survey respondents, with many saying they are surprised by their legal bills.
A reluctance to calculate legal spend data using new technologies also persists in private equity firms, according to the Apperio report, which found that 91% of the PE firms surveyed still used Microsoft Excel to compile and analyse their spending.
"Trust between a PE house and their legal counsel is paramount for the relationship to work," Nicholas d'Adhemar, CEO and founder of Apperio and former lawyer and PE investor, commented in a statement. "Real-time transparency and granular visibility of legal spend provide crucial information to keep budgets and commercial partnerships on track.
"Empowered with the right data at the right time, in-house legal teams at PE firms can make informed decisions and achieve optimal results while participating law firms benefit by retaining their clients' loyalty and trust."
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