law firms & partners

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welchllp.com Law Firms and Their Partners What you need to know to manage your practice going forward

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Page 1: Law Firms & Partners

welchllp.com

Law Firms and Their Partners What you need to know to manage your

practice going forward

Page 2: Law Firms & Partners

GROUND RULESQuestions

• Attendees are in listen-only mode• This webinar is being recorded for future on-demand playback• Your participation represents acknowledgement that we are recording• Tweet questions & comments to: #WelchExpert

Windows Mac Tablet

Page 3: Law Firms & Partners

Micheal Burch, CPA, CA, CFPManaging [email protected]

Don Scott, FCPA, FCATax Partner & Director of Tax [email protected]

PRESENTERS

Peter Cleveland, BBA, CFE, CIRP, [email protected]. clevelandleadershipgroup.com

Page 4: Law Firms & Partners

WHAT WE’LL COVER TODAY• Tax changes affecting professional corporations

and partnerships

• Opportunities that still exist

• Managing the Professional service firm

• Income allocation

• Other issues

• Q & A

Page 5: Law Firms & Partners

TAX CHANGES AFFECTING PROFESSIONAL CORPORATIONS & PARTNERSHIPS

0

• Private companies can earn income that is eligible for the

Small Business Deduction (“SBD”)₋ SBD income is taxed at 15.0%₋ Regular business income is taxed at 26.5%₋ Tax deferral on SBD income is worth $57,500/year

[$500,000 x 11.5%]₋ Higher personal tax is paid when SBD income is

eventually paid as dividends

Page 6: Law Firms & Partners

PARTNERSHIP INCOME

• Income earned by a partnership is subject to an

annual $500,000 SBD shared by the partners

• Each PC that receives partnership income gets its

prorata share of the $500,000 SBD

• SBD sharing can be avoided by having fees earned

by PCs charged to the partnership, i.e. this is not

an allocation of partnership income

Page 7: Law Firms & Partners

P1 P2 P3 P4 P5

PC PC PC PC

20%20%20%20% 20%

Income - $1,000,000

Each PC - $200,000 Income

- $100,000 SBD

LAW LLP

Page 8: Law Firms & Partners

P1 P2 P3 P4 P5

PC PC PC PC20%20%20% 20%

LAW LLP

Each PC - Invoices for services- Full $500,000 SBD on Income

20%

Page 9: Law Firms & Partners

BUDGET 2016

• For taxation years beginning after March 21st, 2016 rules

are extended to services provided to a partnership

• Services PC deemed to be a partner

• Each partner assigns prorata share of SBD to PC

• Rule does not apply if the PC earns substantially all its

income from services to arm’s length persons other than

Law LLP

Page 10: Law Firms & Partners

OPPORTUNITIES THAT STILL EXIST• Still provides a tax deferral

15% vs 26.5% vs 53.5%

• Partner retires De-register PC

Estate freeze

Income splitting

• Partner leaves partnership Professional services

Non professional services

Page 11: Law Firms & Partners

Transient Workforce• No longer long-term commitments• Current generations want multiple work

experiences• Need policies and incentives to minimize churn

For the best people spend time learning what is important to them Bonus pools Include them in decisions Embracing churn

welchllp.com

HR ISSUES

Page 12: Law Firms & Partners

Technology & Artificial Intelligence• Greater use of electronic research

• IBM’s “Watson”

• “Ross” for law firms

welchllp.com

HR ISSUES

Page 13: Law Firms & Partners

Remote Workforce• Management implications

• Necessary adjustments

welchllp.com

HR ISSUES

Page 14: Law Firms & Partners

Small Firms (10-15 lawyers)• Designated partner to manage

• Some part time

• Manages by consensus

• Everyone feels they have a say

• Mostly administration as opposed to governance

welchllp.com

METHODS OF MANAGEMENT

Page 15: Law Firms & Partners

Medium size Firms (15-30 lawyers)• Maybe just managing partner (MP)or both MP and

Management committee (MC)

• Beginning to shift away from consensus management

• Begin to create policies and procedures for uniformity

• ‘Governance Light’

• Resentment at loss of consensus

welchllp.com

METHODS OF MANAGEMENT

Page 16: Law Firms & Partners

Larger Firms(30+ lawyers)• Formalized management structure

• Management committee with a rep from each practice area Approves strategic plans

Reviews performance of MP

Acts like board of directors

Mergers and acquisitions

Major policies developed and approved

Income allocation to partners

welchllp.com

METHODS OF MANAGEMENT

Page 17: Law Firms & Partners

Managing Partner• Reports to management committee

• Implements strategic plan

• Drives operations Business development

Ensures timely billing and collections

Adherence to policies

Staff capacity

Seeks advice from partners

Partners may be equal, but some more equal than others

welchllp.com

METHODS OF MANAGEMENT

Page 18: Law Firms & Partners

• Management is a continuum from consensus to true

governance as the firm grows

• Uniformity and discipline around operations becomes

more difficult with size

• Aligning all practice areas to one strategic direction

becomes a challenge with size

• Need to tie rewards to alignment and performance

not years from the bar

welchllp.com

METHODS OF MANAGEMENT

Page 19: Law Firms & Partners

• Income Allocation Committee

• Open system VS. closed system

• Using income to motivate

INCOME ALLOCATION

Page 20: Law Firms & Partners

OTHER ISSUES

Page 21: Law Firms & Partners

Micheal Burch, CPA, CA, CFPManaging [email protected]

Don Scott, FCPA, FCATax Partner & Director of Tax [email protected]

Q&A

Peter Cleveland, BBA, CFE, CIRP, [email protected]. clevelandleadershipgroup.com