Thomson Reuters Institute releases 2022 Australia: State of the Legal Market Report

Practical Law ANZ Legal Update w-036-7986 (Approx. 6 pages)

Thomson Reuters Institute releases 2022 Australia: State of the Legal Market Report

by Practical Law In-house
On 28 August 2022, the Thomson Reuters Institute published its 2022 Australia: State of the Legal Market Report, a data-led report for leaders at law firms and legal departments with results for the 2022 financial year. The report shows that despite currently turbulent business conditions, the fundamentals of the Australian legal market are solid and the Australian legal industry remained strongly resilient despite the challenges brought by the 2019 novel coronavirus disease (COVID-19) pandemic, and outperformed their global counterparts for most of the past two years.

New Thomson Reuters 2022 Australia: State of the Legal Market Report

On 28 August 2022, the Thomson Reuters Institute released the 2022 Australia: State of the Legal Market Report (Report). The Thomson Reuters Institute is the dedicated thought leadership arm of Thomson Reuters and brings together people from across the legal, corporate, tax, accounting and government communities to:
  • Ignite conversation and debate.
  • Make sense of the latest events and trends.
  • Provide essential guidance on the opportunities and challenges facing the world today.
The Report describes the 2022 financial year (FY 2022) as a “tale of two halves” (at page 6). Demand for legal services rose to 6.4% by the midyear point, before dropping into the negative. Across Australia, demand growth was relatively evenly distributed, both in terms of firm size and geographic region, with the cities of Perth and Brisbane enjoying especially high growth.
Overall, despite turbulent business conditions, the fundamentals of the Australian legal market were relatively strong, with record rate growth pushing revenue growth to 10% for the FY 2022. However, some challenges were identified in the market. Legal talent turnover in Australia is higher in comparison to global counterparts, with nearly one-third (31.6%) of associates leaving their law firms in the past year. Furthermore, developing and implementing effective technology as part of legal operations remained a challenge, particularly for partners.
For a list of key resources on Practical Law addressing legal department operations, see Toolkit, Legal department operations.

Key features of the Report

Legal innovation and technology trends

Innovation initiatives and legal technology investment are increasing among Australian law firms, with lawyers seeing the need to upgrade their skills for the future. Some key trends noted in the Report include the following:
  • Growing emphasis on technology among law firms. Firms grew technology investment at 5.3% in FY 2022, with 59% of firms investing significantly or moderately in technology, according to the Thomson Reuters Tech and the Law 2022 Survey (2022 Survey).
  • Lawyer turnover is rising significantly. According to the 2022 Survey, 29% of lawyers said they would be prepared to leave their firm or legal practice for a more innovative firm, while another 32% said they were unsure.
  • Digital literacy is becoming a core skill for lawyers. Millennials and younger lawyers (aged 25-39) are "digital natives" with much less tolerance for mundane, repetitive work which can be instead automated (at page 18). Given the proportion of millennials overtook that of baby boomers (aged 55-74) according to the latest 2021 Australian Census results, law practices will likely be under increasing pressure to continue to respond to the demands of this younger generation. Some law firms have begun implementing graduate programs for legal technology and innovation teams.

How corporate clients are managing their law departments

Corporate law departments are looking to technology and their outside legal counsel for help as they are experiencing growing demands and tightening budgets. According to the Thomson Reuters Institute: 2022 State of the Corporate Law Departments Report, efficiency (27%) was ranked second behind spend (48%) as the most important metric for law departments to track. Digitalisation and technology (16%) as well as operational efficiency and processes (12%) were listed among the top priorities and challenges in the next 12 months. For further information on metrics for in-house legal teams, see Practice note, Quick guide to using metrics to manage in-house matters, control spend and demonstrate value.
Some key trends noted in the Report include the following:
  • Alternative legal services panels. Some legal service clients in Australia are deciding to opt for separate alternative legal services panels in addition to traditional legal services panels, which are mostly composed of law firms. For more information on alternative legal service providers and how they can improve legal department operations, see Practice notes, Sourcing legal services: identifying the business's needs and potential suppliers and Using alternative legal service provides to improve legal department operations.
  • Cybersecurity threats rise. Corporate law departments are looking to leverage existing in-house technologies to gain more easily obtained benefits, as cybersecurity compliance requirements become more extensive. With the rise of cybersecurity threats, information governance is becoming a key investment area as both law firms and corporate law departments continue to adopt hybrid-working models. For more information on cybersecurity and a list of resources relating to the legal, practical and commercial issues associated with cybersecurity, see Practice note, Cybersecurity issues for in-house lawyers and Toolkit, Cybersecurity.
  • Technology investment on the corporate side. Australian corporate law departments are starting to spend more on digital transformation and legal operations. Focus on technology investment has been within law firms as 59% of respondents reported they invested heavily or moderately in legal technology from 2020 to 2022. For further information on technology adoption for corporate legal departments, see Toolkit, Legal department operations: Technology adoption and implementation.
  • Challenges for technology adoption. Australian stand-out lawyers had much lower satisfaction scores with their firms' information technology (IT), innovation and knowledge management teams, in comparison to global and United States (US) averages. For example, the satisfaction rating for Australian stand-out lawyers in IT as a technology support function was 26%, in comparison to global averages of 34% and US ratings of 44%.

The changing demands on law firm partners

Firms are embracing new technologies and ways of working, but this is having an impact on their partners. At the beginning of the 2019 novel coronavirus disease (COVID-19) pandemic, many firms recorded a significant increase in partner billable hours relative to other fee earners. Clients were demanding more direct access to partners and the move towards remote working made delegation to less experienced employees more difficult. Some key trends noted in the Report include the following:
  • Increased time pressures on partners. Partners have been billing more but have also had to spend a greater proportion of their time recruiting new employees which has added to time pressures.
  • Lower wellbeing scores. Increased billables and time in recruitment have contributed to lower wellbeing satisfaction measures. Besides appreciating the level of income attained, Australia-based stand-out lawyers (91% being partners) measured lower than their global counterparts in other areas of wellbeing (for example, whether they felt a sense of purpose (32%) and were progressing towards personal goals (27%)). For helpful resources on mental health and wellbeing, see Toolkit, Mental health and wellbeing for lawyers.
  • More demands on partners. Partners in law firms essentially have four roles:
    • producer;
    • manager;
    • leader; and
    • owner.
    The four-role partner business model will continue to succeed in the long term if partners have balanced, healthy and sustainable roles. Given the end of FY 2022 demonstrated record-high utilisation and low wellbeing scores, many firms may have to consider foundational management theory which states that structure should follow strategy. Every firm should re-examine strategy at the practice-team level (clarifying aspirations, market focus, and competitive edge) and ensure team structure (roles, relationships, resources, capacity and operating systems) are clear, balanced and aligned.
End of Document
Resource ID w-036-7986
© 2024 Thomson Reuters. All rights reserved.
Published on 07-Sep-2022
Resource Type Legal update: archive
Jurisdictions
  • Australia
  • Federal
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