The impact of interest rates on law firms - part 1

Jaysen

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    The impact of interest rates on law firms - Part 1

    Hey guys,

    This is a very popular interview question this year so I’ve decided to do a mini-guide. I know I’ve briefly touched on these areas in other posts, but hopefully, this’ll help you to connect the dots further. I hope to release part 2 tomorrow.

    Who raises interest rates?

    That’s the central bank. Almost every country in the world has one. I’ll focus on two – the Bank of England in the UK and the Federal Reserve in the US. Right now, when you see the press talking about the ‘Fed’, that’s short for the Federal Reserve.

    How do central banks raise interest rates?


    Central banks don’t actually control the interest rate. They influence it. They do this by deciding how much money there should be in the economy. The amount of money in circulation at a given time is called the money supply. If the money supply increases, it can stimulate lending and growth, but it can also cause inflation to rise – we’ll get to that below.

    If central banks want to raise the interest rate, they will reduce the money supply. There are a few ways they can do this. One way is to increase the discount rate (the base rate in the UK). The discount rate is the interest rate at which a bank can borrow from the central bank if they want a loan. If the central bank raises the discount rate, the banks tend to respond by raising the interest rates on their loans.

    What’s inflation got to do with this?

    In 1971, a packet of crisps cost 5p, a cinema ticket cost 30p and a house less than £6000. Why is everything more expensive? You can (generally) thank inflation for that. Inflation is where the price of goods and services rise over time.

    What causes inflation?

    Inflation can be caused by rising business costs. If the cost of raw materials rise, a business may increase their prices to maintain their profit margins. The central bank can also cause inflation if it prints too much money relative to the productivity in the economy. When there’s more money chasing a limited amount of goods and services, the excessive demand can push prices up.

    That’s what happened to Venezuela. A quick background – Venezuela’s economy is almost entirely dependent on exporting oil. So when oil prices crashed in 2014, the government couldn’t fund its expenses. Instead of cutting its social programmes or seeking help, the government decided to print money. The thing is you can’t just print money because the value of the currency will fall. Which it did, a lot. This was a problem, not least because the country relies on imports for most of its food, which it pays for in US dollars. But even as the currency fell, the government continued to print money. To give you an idea of how bad things have become - the International Monetary Fund predicted inflation will reach 13,000 by the end of 2018.

    Why do we have inflation?

    You might have seen that the Bank of England and the Fed targets an inflation rate of 2%. A low and stable rate of inflation isn’t necessarily a bad thing. It causes people to spend or invest because if they don’t, their money will be worth less in the future. The central banks can also control inflation if it rises too quickly.

    The opposite is true if inflation falls below zero. That’s deflation. It’s where prices fall over time. Deflation causes people to spend and invest less, because their money is worth more tomorrow than it is today. If people stop spending, prices fall even more, causing a deflationary spiral.

    You can look into Japan for a recent example of this. They’ve been battling with deflation for almost 20 years. When prices start to fall, it’s hard for the central bank to fix it using interest rates. Japan did try - they introduced negative interest rates in 2016, which penalises banks for holding cash. The country also printed money on a massive scale (also known as quantitative easing). That may have worked – it’s hard to say, but the economy is almost out of deflation for good. Unfortunately, Japan also has the highest debt-to-GDP ratio in the world.

    How do interest rates impact exchange rates?

    Suppose the interest rate in the UK and the US is 2%. Fast forward a few months, let’s imagine the Fed raises the interest rate to 3%. Now investors can get a higher rate of return by investing in US government bonds. So, all things being equal, investors sell sterling so they can buy dollars. As there’s high demand for the dollar, its value increases.

    So what?

    The short answer is that it’s good for imports, bad for exports.

    The longer answer: when the value of the dollar goes up, it’s cheaper for people in the US to buy goods abroad, so imports tend to rise. That’s good for US companies who import products or raw materials from overseas. It can also help foreign companies. For example, if a UK company does business in the US and generates income in dollars, its earnings will increase when it’s converted into dollars. This could lead to more foreign companies investing in the US.

    But a stronger dollar affects companies which export US goods. They tend to see a fall in sales because their goods become more expensive. US multinationals with overseas businesses are also hit. A stronger dollar means companies will record lower income in its books when it’s translated into dollars.

    What about the stock market?

    It tends to fall. Investors worry interest rates are going to increase. If interest rates increase, it can be more expensive to borrow, which can slow down a company’s growth. Likewise, if interest rates increase, bonds become more attractive because investors will get a better return (more interest payments). So many investors sell shares to invest in bonds.

    There’s also a few other reasons. Janet Yellen just left as the chairman of the Fed and her replacement, Jerome Powell was only recently sworn in. A new chairman causes uncertainty for investors, especially when the central bank has been lenient with low interest rates for so long. He’s also the first non-economist in almost 40 years.

    Why are they raising interest rates this time?

    First, it’s important to remember that interest rates have been really low for a long time. This was in order to stimulate growth after the financial crash.

    Now the US and the UK are more than eight years into their recovery. The US economy is doing well. It’s seen wage growth and low unemployment rates. When the economy is growing and wages are growing, the Fed thinks the economy can take the rise in interest rates.

    Why are people worried?

    There are fears that the US economy can’t sustain an increase in interest rates. Some say it isn’t growing fast enough. Others point to the number of companies with lots of debt. Investors don’t like uncertainty either. There was a sell-off in the bond market as investors fear being locked into fixed returns.

    The UK tends to follow the US in raising interest rates. This was also supported by unemployment falling to a 42 year low in December 2017. However, we’ve got Brexit to deal with, so it makes less sense to do so when the markets are already troubled.

    Then there are the emerging markets. When the Fed lowered interest rates in 2008, it became cheaper to borrow in dollars and many emerging markets took out loans to build new infrastructure and expand their economies. Borrowers in emerging markets will be hurt because they have plenty of dollar-denominated debt. If interest rates rise, investors are also likely to flock to the US and sell emerging market currencies. So these markets tend to rattle at signs of a rise in interest rates.

    Part 2 to follow!
     

    Jaysen

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    The impact of interest rates on law firms - Part 2
    How do I connect commercial issues to law firms?

    First, it helps to understand that law firms are a service business. Clients pay law firms to handle their legal work and the legal work they do will vary between departments. We can simplify this so it’s easier to understand: Corporate lawyers advise clients who want to buy companies. Finance lawyers help clients raise money. Litigation lawyers help clients handle disputes. And so on.

    A news story could impact law firms in two ways. First, you can think about the impact on clients. Let’ s suppose your commercial issue leads to a rise in M&A activity. So now, you want to connect it to law firms. Let’s call your law firm Franklin & Associates. On a basic level: If corporate clients are doing more deals, they'll need more legal advice. That means corporate teams at Franklin & Associates will be busier. They may also be doing deals of a bigger value, so the law firm may see a boost in revenue. To go further, you could tailor your answer by comparing it to other law firms. For example, perhaps Franklin & Associates X can complete due diligence at a lower cost because of its investment in technology or a legal services centre. Maybe this’ll mean it’ll have an opportunity to advise on more deals.

    You could also discuss what the law firm can do to help clients. Suppose this time, we were talking about some kind of market crisis. You might suggest that Franklin & Associates help clients with their contingency plans. For example, it could develop draft wording for a new contract clause or keep clients up to date through regular research reports. This would help to protect clients from losing business in the region. You might also point out – after research – that some international clients have a lot of exposure to the market. So, Franklin & Associates may want to advise clients to scrutinise their contracts or limit the extent of any planned projects or supply chains in the market.

    You can also answer this question by thinking about the impact of a commercial issue on law firms. The issues can be a little harder to discuss, but you will have less trouble connecting the issue to a law firm. An upcoming example is the General Data Protection Regulation (“GDPR”), which places strict rules on the use of data for law firms and their clients. You may want to confirm why it applies – does Franklin & Associates have a presence in the EU? If not, does it represent clients in the EU, or hold data on EU clients? Then think about how the law firm could prepare for the GDPR, it may want to carry out an impact assessment or an audit of the firm’s contracts. Or it could hire an external specialist or invest in software tools – you can explain why accuracy is very important (think about the consequences of a failure to comply).

    So, what’s the impact of interest rates on law firms?

    I’ll explain how a rise in interest rates tend to affect clients in various departments of a law firm.

    Mergers & Acquisitions

    It’s possible to argue that M&A activity will fall if interest rates rise. That’s because it’ll become more expensive to fund acquisitions using debt. This will be an issue for leveraged buyouts - where companies use a lot of borrowed money to fund an acquisition. It could also affect the valuation of target companies. If borrowing costs eat into profit margins, acquirers may not be willing to pay as much.

    On the other hand, if companies are seen to be more affordable, the volume of M&A deals could increase. The valuations of companies have been rising in recent years, so an increase in interest rates may be a good thing. Even if this isn’t the case, many companies have built up cash reserves, also known as dry powder, so they're pretty resilient to a rise in interest rates. The economy is also doing well - that's why interest rates are increasing in the first place, so companies may opt to expand because they’re more confident in the state of the market.

    You can also nuance this argument by picking certain geographies (developed nations v emerging economies) or sectors (utility companies v tech companies).

    The financial sector

    A rise in interest rates is generally good for the banking sector. Banks make more money from the difference between their portfolio of loans and investments and what they pay savers. This also applies to insurance companies and pension funds who have lots of cash to invest in securities, so they see a better return to cover their commitments, which often leads to a rise in their stock price.

    If companies borrow less, we might see less work for finance teams. Or it could impact the kind of due diligence banks do on companies. The amount of debt a company has and its financial performance will matter a lot more. In that case, lawyers may push for additional security or financial covenants, so banks can be sure they get their money back.

    Project Finance

    For a very long time, cheap credit has helped companies to fund projects and service their debt. But, as it becomes more expensive to borrow, companies may suffer from cash flow problems. That's especially true if they haven't accurately priced a rise in interest rates to their projections. So as a result, law firms will need to advise companies on how to refinance their debt or they could even see a fall in projects work.

    For new projects, companies will want to hedge the risk of rising interest rates. That's where derivatives teams could step in. You wouldn't need to understand this in much detail, but in short, companies can enter interest rate swaps (where they swap a floating rate of interest for a fixed rate) or forwards (where they pre-determine the rate of interest) to protect themselves.

    On the lender-side, banks may scrutinise companies with a lot of existing debt. One way of doing this could be to have their lawyers negotiate stricter terms into the loan documents. For example, they could impose covenants that restrict levels of debt or require security (collateral to back up a loan).

    Leveraged Finance

    The leveraged finance market is really busy at the moment. For example, investors have recently flocked to leveraged loans - loans to companies that already have a lot of debt - in preparation for a rise in interest rates. Leveraged loans have floating rates of interest. That means if interest rates increase, the rate of interest they pay to investors will also increase. In 2017, these were used to refinance a lot of debt and investment banks made a lot of money underwriting these loans.

    Structured Finance

    One of the biggest buyers of these leveraged loans are collateralised loan obligations. These are loans that are pre-packaged into bonds and sold to investors. Thanks to their record levels of demand, structured finance teams have also been exceptionally busy advising issuers.

    Private equity

    PE firms will have to pay more for loans, so will want to pay less for acquisition. For the last few years, PE firms have had a lot of negotiating power when it comes to borrowing money. Their lawyers have been able to push for 'cov-lite' loan agreements. These are loans with fewer protections for lenders. To give you a sense of how much it's grown - before 2007, about 30% of the leveraged loan market involved cov-lite deals, that figure is now around 70%. Thanks to these loose terms, PE firms have been able to pile debt onto companies. That could cause a lot of problems when interest rates increase.

    Restructuring and Insolvency

    Companies with lots of debt could go bust or need to restructure. About 12% of US companies are said to be ‘zombies’, which means that their earnings aren’t enough to service interest payments, so a sharp rise in interest rates could put them on the brink of insolvency. So could mean more work for restructuring and insolvency teams.
     
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    The impact of interest rates on law firms - Part 2
    How do I connect commercial issues to law firms?

    First, it helps to understand that law firms are a service business. Clients pay law firms to handle their legal work and the legal work they do will vary between departments. We can simplify this so it’s easier to understand: Corporate lawyers advise clients who want to buy companies. Finance lawyers help clients raise money. Litigation lawyers help clients handle disputes. And so on.

    A news story could impact law firms in two ways. First, you can think about the impact on clients. Let’ s suppose your commercial issue leads to a rise in M&A activity. So now, you want to connect it to law firms. Let’s call your law firm Franklin & Associates. On a basic level: If corporate clients are doing more deals, they'll need more legal advice. That means corporate teams at Franklin & Associates will be busier. They may also be doing deals of a bigger value, so the law firm may see a boost in revenue. To go further, you could tailor your answer by comparing it to other law firms. For example, perhaps Franklin & Associates X can complete due diligence at a lower cost because of its investment in technology or a legal services centre. Maybe this’ll mean it’ll have an opportunity to advise on more deals.

    You could also discuss what the law firm can do to help clients. Suppose this time, we were talking about some kind of market crisis. You might suggest that Franklin & Associates help clients with their contingency plans. For example, it could develop draft wording for a new contract clause or keep clients up to date through regular research reports. This would help to protect clients from losing business in the region. You might also point out – after research – that some international clients have a lot of exposure to the market. So, Franklin & Associates may want to advise clients to scrutinise their contracts or limit the extent of any planned projects or supply chains in the market.

    You can also answer this question by thinking about the impact of a commercial issue on law firms. The issues can be a little harder to discuss, but you will have less trouble connecting the issue to a law firm. An upcoming example is the General Data Protection Regulation (“GDPR”), which places strict rules on the use of data for law firms and their clients. You may want to confirm why it applies – does Franklin & Associates have a presence in the EU? If not, does it represent clients in the EU, or hold data on EU clients? Then think about how the law firm could prepare for the GDPR, it may want to carry out an impact assessment or an audit of the firm’s contracts. Or it could hire an external specialist or invest in software tools – you can explain why accuracy is very important (think about the consequences of a failure to comply).

    So, what’s the impact of interest rates on law firms?

    I’ll explain how a rise in interest rates tend to affect clients in various departments of a law firm.

    Mergers & Acquisitions

    It’s possible to argue that M&A activity will fall if interest rates rise. That’s because it’ll become more expensive to fund acquisitions using debt. This will be an issue for leveraged buyouts - where companies use a lot of borrowed money to fund an acquisition. It could also affect the valuation of target companies. If borrowing costs eat into profit margins, acquirers may not be willing to pay as much.

    On the other hand, if companies are seen to be more affordable, the volume of M&A deals could increase. The valuations of companies have been rising in recent years, so an increase in interest rates may be a good thing. Even if this isn’t the case, many companies have built up cash reserves, also known as dry powder, so they're pretty resilient to a rise in interest rates. The economy is also doing well - that's why interest rates are increasing in the first place, so companies may opt to expand because they’re more confident in the state of the market.

    You can also nuance this argument by picking certain geographies (developed nations v emerging economies) or sectors (utility companies v tech companies).

    The financial sector

    A rise in interest rates is generally good for the banking sector. Banks make more money from the difference between their portfolio of loans and investments and what they pay savers. This also applies to insurance companies and pension funds who have lots of cash to invest in securities, so they see a better return to cover their commitments, which often leads to a rise in their stock price.

    If companies borrow less, we might see less work for finance teams. Or it could impact the kind of due diligence banks do on companies. The amount of debt a company has and its financial performance will matter a lot more. In that case, lawyers may push for additional security or financial covenants, so banks can be sure they get their money back.

    Project Finance

    For a very long time, cheap credit has helped companies to fund projects and service their debt. But, as it becomes more expensive to borrow, companies may suffer from cash flow problems. That's especially true if they haven't accurately priced a rise in interest rates to their projections. So as a result, law firms will need to advise companies on how to refinance their debt or they could even see a fall in projects work.

    For new projects, companies will want to hedge the risk of rising interest rates. That's where derivatives teams could step in. You wouldn't need to understand this in much detail, but in short, companies can enter interest rate swaps (where they swap a floating rate of interest for a fixed rate) or forwards (where they pre-determine the rate of interest) to protect themselves.

    On the lender-side, banks may scrutinise companies with a lot of existing debt. One way of doing this could be to have their lawyers negotiate stricter terms into the loan documents. For example, they could impose covenants that restrict levels of debt or require security (collateral to back up a loan).

    Leveraged Finance

    The leveraged finance market is really busy at the moment. For example, investors have recently flocked to leveraged loans - loans to companies that already have a lot of debt - in preparation for a rise in interest rates. Leveraged loans have floating rates of interest. That means if interest rates increase, the rate of interest they pay to investors will also increase. In 2017, these were used to refinance a lot of debt and investment banks made a lot of money underwriting these loans.

    Structured Finance

    One of the biggest buyers of these leveraged loans are collateralised loan obligations. These are loans that are pre-packaged into bonds and sold to investors. Thanks to their record levels of demand, structured finance teams have also been exceptionally busy advising issuers.

    Private equity

    PE firms will have to pay more for loans, so will want to pay less for acquisition. For the last few years, PE firms have had a lot of negotiating power when it comes to borrowing money. Their lawyers have been able to push for 'cov-lite' loan agreements. These are loans with fewer protections for lenders. To give you a sense of how much it's grown - before 2007, about 30% of the leveraged loan market involved cov-lite deals, that figure is now around 70%. Thanks to these loose terms, PE firms have been able to pile debt onto companies. That could cause a lot of problems when interest rates increase.

    Restructuring and Insolvency

    Companies with lots of debt could go bust or need to restructure. About 12% of US companies are said to be ‘zombies’, which means that their earnings aren’t enough to service interest payments, so a sharp rise in interest rates could put them on the brink of insolvency. So could mean more work for restructuring and insolvency teams.


    When you discuss the impact on clients, should you mention names of specific clients the firm has worked for/former deals that show the firm`s work for those clients or is it better to focus on core industries of the firm?
     

    Jaysen

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    When you discuss the impact on clients, should you mention names of specific clients the firm has worked for/former deals that show the firm`s work for those clients or is it better to focus on core industries of the firm?

    I would focus on the industry. If you come across a client during your research then sure you can mention it, but it's not necessary.
     

    Salma

    Legendary Member
    Feb 28, 2018
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    712
    The impact of interest rates on law firms - Part 2
    How do I connect commercial issues to law firms?

    First, it helps to understand that law firms are a service business. Clients pay law firms to handle their legal work and the legal work they do will vary between departments. We can simplify this so it’s easier to understand: Corporate lawyers advise clients who want to buy companies. Finance lawyers help clients raise money. Litigation lawyers help clients handle disputes. And so on.

    A news story could impact law firms in two ways. First, you can think about the impact on clients. Let’ s suppose your commercial issue leads to a rise in M&A activity. So now, you want to connect it to law firms. Let’s call your law firm Franklin & Associates. On a basic level: If corporate clients are doing more deals, they'll need more legal advice. That means corporate teams at Franklin & Associates will be busier. They may also be doing deals of a bigger value, so the law firm may see a boost in revenue. To go further, you could tailor your answer by comparing it to other law firms. For example, perhaps Franklin & Associates X can complete due diligence at a lower cost because of its investment in technology or a legal services centre. Maybe this’ll mean it’ll have an opportunity to advise on more deals.

    You could also discuss what the law firm can do to help clients. Suppose this time, we were talking about some kind of market crisis. You might suggest that Franklin & Associates help clients with their contingency plans. For example, it could develop draft wording for a new contract clause or keep clients up to date through regular research reports. This would help to protect clients from losing business in the region. You might also point out – after research – that some international clients have a lot of exposure to the market. So, Franklin & Associates may want to advise clients to scrutinise their contracts or limit the extent of any planned projects or supply chains in the market.

    You can also answer this question by thinking about the impact of a commercial issue on law firms. The issues can be a little harder to discuss, but you will have less trouble connecting the issue to a law firm. An upcoming example is the General Data Protection Regulation (“GDPR”), which places strict rules on the use of data for law firms and their clients. You may want to confirm why it applies – does Franklin & Associates have a presence in the EU? If not, does it represent clients in the EU, or hold data on EU clients? Then think about how the law firm could prepare for the GDPR, it may want to carry out an impact assessment or an audit of the firm’s contracts. Or it could hire an external specialist or invest in software tools – you can explain why accuracy is very important (think about the consequences of a failure to comply).

    So, what’s the impact of interest rates on law firms?

    I’ll explain how a rise in interest rates tend to affect clients in various departments of a law firm.

    Mergers & Acquisitions

    It’s possible to argue that M&A activity will fall if interest rates rise. That’s because it’ll become more expensive to fund acquisitions using debt. This will be an issue for leveraged buyouts - where companies use a lot of borrowed money to fund an acquisition. It could also affect the valuation of target companies. If borrowing costs eat into profit margins, acquirers may not be willing to pay as much.

    On the other hand, if companies are seen to be more affordable, the volume of M&A deals could increase. The valuations of companies have been rising in recent years, so an increase in interest rates may be a good thing. Even if this isn’t the case, many companies have built up cash reserves, also known as dry powder, so they're pretty resilient to a rise in interest rates. The economy is also doing well - that's why interest rates are increasing in the first place, so companies may opt to expand because they’re more confident in the state of the market.

    You can also nuance this argument by picking certain geographies (developed nations v emerging economies) or sectors (utility companies v tech companies).

    The financial sector

    A rise in interest rates is generally good for the banking sector. Banks make more money from the difference between their portfolio of loans and investments and what they pay savers. This also applies to insurance companies and pension funds who have lots of cash to invest in securities, so they see a better return to cover their commitments, which often leads to a rise in their stock price.

    If companies borrow less, we might see less work for finance teams. Or it could impact the kind of due diligence banks do on companies. The amount of debt a company has and its financial performance will matter a lot more. In that case, lawyers may push for additional security or financial covenants, so banks can be sure they get their money back.

    Project Finance

    For a very long time, cheap credit has helped companies to fund projects and service their debt. But, as it becomes more expensive to borrow, companies may suffer from cash flow problems. That's especially true if they haven't accurately priced a rise in interest rates to their projections. So as a result, law firms will need to advise companies on how to refinance their debt or they could even see a fall in projects work.

    For new projects, companies will want to hedge the risk of rising interest rates. That's where derivatives teams could step in. You wouldn't need to understand this in much detail, but in short, companies can enter interest rate swaps (where they swap a floating rate of interest for a fixed rate) or forwards (where they pre-determine the rate of interest) to protect themselves.

    On the lender-side, banks may scrutinise companies with a lot of existing debt. One way of doing this could be to have their lawyers negotiate stricter terms into the loan documents. For example, they could impose covenants that restrict levels of debt or require security (collateral to back up a loan).

    Leveraged Finance

    The leveraged finance market is really busy at the moment. For example, investors have recently flocked to leveraged loans - loans to companies that already have a lot of debt - in preparation for a rise in interest rates. Leveraged loans have floating rates of interest. That means if interest rates increase, the rate of interest they pay to investors will also increase. In 2017, these were used to refinance a lot of debt and investment banks made a lot of money underwriting these loans.

    Structured Finance

    One of the biggest buyers of these leveraged loans are collateralised loan obligations. These are loans that are pre-packaged into bonds and sold to investors. Thanks to their record levels of demand, structured finance teams have also been exceptionally busy advising issuers.

    Private equity

    PE firms will have to pay more for loans, so will want to pay less for acquisition. For the last few years, PE firms have had a lot of negotiating power when it comes to borrowing money. Their lawyers have been able to push for 'cov-lite' loan agreements. These are loans with fewer protections for lenders. To give you a sense of how much it's grown - before 2007, about 30% of the leveraged loan market involved cov-lite deals, that figure is now around 70%. Thanks to these loose terms, PE firms have been able to pile debt onto companies. That could cause a lot of problems when interest rates increase.

    Restructuring and Insolvency

    Companies with lots of debt could go bust or need to restructure. About 12% of US companies are said to be ‘zombies’, which means that their earnings aren’t enough to service interest payments, so a sharp rise in interest rates could put them on the brink of insolvency. So could mean more work for restructuring and insolvency teams.

    Hey Jaysen, Following this, do you know how law firms can utilize interest rate concerns to maintain a competitive advantage?I am struggling on the latter part. Thanks for your input as always.
     

    Jaysen

    Founder, TCLA
    Staff member
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  • Feb 17, 2018
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    Hey Jaysen, Following this, do you know how law firms can utilize interest rate concerns to maintain a competitive advantage?I am struggling on the latter part. Thanks for your input as always.

    Hey Selma - I'm a little unsure what you mean by competitive advantage in this context. Are you asking what law firms can do for companies worried about a rise in interest rates?
     

    Salma

    Legendary Member
    Feb 28, 2018
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    712
    Hey Selma - I'm a little unsure what you mean by competitive advantage in this context. Are you asking what law firms can do for companies worried about a rise in interest rates?

    Hey Jaysen, I am stuck on explaining how law firms can maintain a competitive advantage in uncertain economic climates such as low interest rate concerns. I hope that makes sense?
     

    Jaysen

    Founder, TCLA
    Staff member
    TCLA Moderator
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  • Feb 17, 2018
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    Thanks for clarifying, I think I understand, I assume you mean a competitive advantage when it comes to securing work from clients, but let me know if you meant otherwise. A few things to think about:

    First off, if you're a law firm operating in an uncertain environment, you need to be investing in the relevant practice areas to help clients. That sounds obvious but it was critical during the financial crisis. Firms with renowned restructuring practices made millions after working with banks like Lehman. In this case, perhaps clients want to restructure or enter hedging agreements or reassess their tax exposure. Here, it's the law firms that have strong corporate, finance/derivative, tax or restructuring experience and expertise that are likely to have an advantage.

    Second, if clients are operating in an uncertain economic environment then price is often an issue. If so, it may be the case that the firm most likely to secure client work is one with the most cost-effective proposal. In that case, it helps if law firms can nearshore/offshore elements of the work to low-cost support centres, make use of lower-cost employees (more paralegals/trainees) and make use of technology or enter into a fixed-fee arrangement.

    Third and alternatively, in uncertain economic climates, relationships are often more important. Clients will award work based on people they can trust to get them through the difficult time. If a client is concerned that a rise in interest rates will collapse his company, it may be less about paying the lowest fee and more about paying a premium to the partner that can come up with a creative solution to save it. On that note, particular qualities may be more important - for example, lawyers that show great understanding of a client's business, market and industry, or a lawyer that uses his knowledge of the law to devise a legal solution that minimises the costs of a rise in interest rates.

    Fourth, clients can get a lot of value from law firms that publish market intelligence. If a law firm produces summaries/email updates/a knowledge database about the Fed's meetings, when interest rates may rise, how much it will rise and what the impact will be, then that's helpful to clients. It shows that they understand the market and go above and beyond to inform clients.
     

    Salma

    Legendary Member
    Feb 28, 2018
    650
    712
    Thanks for clarifying, I think I understand, I assume you mean a competitive advantage when it comes to securing work from clients, but let me know if you meant otherwise. A few things to think about:

    First off, if you're a law firm operating in an uncertain environment, you need to be investing in the relevant practice areas to help clients. That sounds obvious but it was critical during the financial crisis. Firms with renowned restructuring practices made millions after working with banks like Lehman. In this case, perhaps clients want to restructure or enter hedging agreements or reassess their tax exposure. Here, it's the law firms that have strong corporate, finance/derivative, tax or restructuring experience and expertise that are likely to have an advantage.

    Second, if clients are operating in an uncertain economic environment then price is often an issue. If so, it may be the case that the firm most likely to secure client work is one with the most cost-effective proposal. In that case, it helps if law firms can nearshore/offshore elements of the work to low-cost support centres, make use of lower-cost employees (more paralegals/trainees) and make use of technology or enter into a fixed-fee arrangement.

    Third and alternatively, in uncertain economic climates, relationships are often more important. Clients will award work based on people they can trust to get them through the difficult time. If a client is concerned that a rise in interest rates will collapse his company, it may be less about paying the lowest fee and more about paying a premium to the partner that can come up with a creative solution to save it. On that note, particular qualities may be more important - for example, lawyers that show great understanding of a client's business, market and industry, or a lawyer that uses his knowledge of the law to devise a legal solution that minimises the costs of a rise in interest rates.

    Fourth, clients can get a lot of value from law firms that publish market intelligence. If a law firm produces summaries/email updates/a knowledge database about the Fed's meetings, when interest rates may rise, how much it will rise and what the impact will be, then that's helpful to clients. It shows that they understand the market and go above and beyond to inform clients.

    Thanks Jaysen!
     
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    E_3919

    Star Member
    Sep 30, 2022
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    The impact of interest rates on law firms - Part 2
    How do I connect commercial issues to law firms?

    First, it helps to understand that law firms are a service business. Clients pay law firms to handle their legal work and the legal work they do will vary between departments. We can simplify this so it’s easier to understand: Corporate lawyers advise clients who want to buy companies. Finance lawyers help clients raise money. Litigation lawyers help clients handle disputes. And so on.

    A news story could impact law firms in two ways. First, you can think about the impact on clients. Let’ s suppose your commercial issue leads to a rise in M&A activity. So now, you want to connect it to law firms. Let’s call your law firm Franklin & Associates. On a basic level: If corporate clients are doing more deals, they'll need more legal advice. That means corporate teams at Franklin & Associates will be busier. They may also be doing deals of a bigger value, so the law firm may see a boost in revenue. To go further, you could tailor your answer by comparing it to other law firms. For example, perhaps Franklin & Associates X can complete due diligence at a lower cost because of its investment in technology or a legal services centre. Maybe this’ll mean it’ll have an opportunity to advise on more deals.

    You could also discuss what the law firm can do to help clients. Suppose this time, we were talking about some kind of market crisis. You might suggest that Franklin & Associates help clients with their contingency plans. For example, it could develop draft wording for a new contract clause or keep clients up to date through regular research reports. This would help to protect clients from losing business in the region. You might also point out – after research – that some international clients have a lot of exposure to the market. So, Franklin & Associates may want to advise clients to scrutinise their contracts or limit the extent of any planned projects or supply chains in the market.

    You can also answer this question by thinking about the impact of a commercial issue on law firms. The issues can be a little harder to discuss, but you will have less trouble connecting the issue to a law firm. An upcoming example is the General Data Protection Regulation (“GDPR”), which places strict rules on the use of data for law firms and their clients. You may want to confirm why it applies – does Franklin & Associates have a presence in the EU? If not, does it represent clients in the EU, or hold data on EU clients? Then think about how the law firm could prepare for the GDPR, it may want to carry out an impact assessment or an audit of the firm’s contracts. Or it could hire an external specialist or invest in software tools – you can explain why accuracy is very important (think about the consequences of a failure to comply).

    So, what’s the impact of interest rates on law firms?

    I’ll explain how a rise in interest rates tend to affect clients in various departments of a law firm.

    Mergers & Acquisitions

    It’s possible to argue that M&A activity will fall if interest rates rise. That’s because it’ll become more expensive to fund acquisitions using debt. This will be an issue for leveraged buyouts - where companies use a lot of borrowed money to fund an acquisition. It could also affect the valuation of target companies. If borrowing costs eat into profit margins, acquirers may not be willing to pay as much.

    On the other hand, if companies are seen to be more affordable, the volume of M&A deals could increase. The valuations of companies have been rising in recent years, so an increase in interest rates may be a good thing. Even if this isn’t the case, many companies have built up cash reserves, also known as dry powder, so they're pretty resilient to a rise in interest rates. The economy is also doing well - that's why interest rates are increasing in the first place, so companies may opt to expand because they’re more confident in the state of the market.

    You can also nuance this argument by picking certain geographies (developed nations v emerging economies) or sectors (utility companies v tech companies).

    The financial sector

    A rise in interest rates is generally good for the banking sector. Banks make more money from the difference between their portfolio of loans and investments and what they pay savers. This also applies to insurance companies and pension funds who have lots of cash to invest in securities, so they see a better return to cover their commitments, which often leads to a rise in their stock price.

    If companies borrow less, we might see less work for finance teams. Or it could impact the kind of due diligence banks do on companies. The amount of debt a company has and its financial performance will matter a lot more. In that case, lawyers may push for additional security or financial covenants, so banks can be sure they get their money back.

    Project Finance

    For a very long time, cheap credit has helped companies to fund projects and service their debt. But, as it becomes more expensive to borrow, companies may suffer from cash flow problems. That's especially true if they haven't accurately priced a rise in interest rates to their projections. So as a result, law firms will need to advise companies on how to refinance their debt or they could even see a fall in projects work.

    For new projects, companies will want to hedge the risk of rising interest rates. That's where derivatives teams could step in. You wouldn't need to understand this in much detail, but in short, companies can enter interest rate swaps (where they swap a floating rate of interest for a fixed rate) or forwards (where they pre-determine the rate of interest) to protect themselves.

    On the lender-side, banks may scrutinise companies with a lot of existing debt. One way of doing this could be to have their lawyers negotiate stricter terms into the loan documents. For example, they could impose covenants that restrict levels of debt or require security (collateral to back up a loan).

    Leveraged Finance

    The leveraged finance market is really busy at the moment. For example, investors have recently flocked to leveraged loans - loans to companies that already have a lot of debt - in preparation for a rise in interest rates. Leveraged loans have floating rates of interest. That means if interest rates increase, the rate of interest they pay to investors will also increase. In 2017, these were used to refinance a lot of debt and investment banks made a lot of money underwriting these loans.

    Structured Finance

    One of the biggest buyers of these leveraged loans are collateralised loan obligations. These are loans that are pre-packaged into bonds and sold to investors. Thanks to their record levels of demand, structured finance teams have also been exceptionally busy advising issuers.

    Private equity

    PE firms will have to pay more for loans, so will want to pay less for acquisition. For the last few years, PE firms have had a lot of negotiating power when it comes to borrowing money. Their lawyers have been able to push for 'cov-lite' loan agreements. These are loans with fewer protections for lenders. To give you a sense of how much it's grown - before 2007, about 30% of the leveraged loan market involved cov-lite deals, that figure is now around 70%. Thanks to these loose terms, PE firms have been able to pile debt onto companies. That could cause a lot of problems when interest rates increase.

    Restructuring and Insolvency

    Companies with lots of debt could go bust or need to restructure. About 12% of US companies are said to be ‘zombies’, which means that their earnings aren’t enough to service interest payments, so a sharp rise in interest rates could put them on the brink of insolvency. So could mean more work for restructuring and insolvency teams.
    Hi Jaysen - This is a really helpful resource, thank you! I just wondered whether you might consider doing a more updated version in light of recent interest rate hikes & the current economic climate? Thanks!
     
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    Jaysen

    Founder, TCLA
    Staff member
    TCLA Moderator
    Gold Member
    Premium Member
    M&A Bootcamp
  • Feb 17, 2018
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    Hi Jaysen - This is a really helpful resource, thank you! I just wondered whether you might consider doing a more updated version in light of recent interest rate hikes & the current economic climate? Thanks!
    Hey! I am actually writing the next commercial awareness newsletter on Friday. I'm not sure what topic I'll be writing about yet, but I will try to touch on this if I can - particularly how to connect commercial stories to law firms.
     
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    Romiras

    Legendary Member
    Associate
    Apr 3, 2019
    144
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    Hey! I am actually writing the next commercial awareness newsletter on Friday. I'm not sure what topic I'll be writing about yet, but I will try to touch on this if I can - particularly how to connect commercial stories to law firms.
    I think one thing missing from this newsletter is the mention / discussion of liquidity. Although it's alluded to, it's not discussed in detail.

    The current interest rates and recessionary climate has impacted your typical go-to lenders' ability to maintain facilities, extend loans, provide debt and various debt products (e.g. mortgages being removed from offering to being able to finance large PE deals). Long established facilities for various private equity houses are being questioned and sponsors need to find new alternative ways to obtain financing (e.g. co-investments, private debt, etc) so they can continue making money for their investor base.
     
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    Jaysen

    Founder, TCLA
    Staff member
    TCLA Moderator
    Gold Member
    Premium Member
    M&A Bootcamp
  • Feb 17, 2018
    4,695
    8,575
    I think one thing missing from this newsletter is the mention / discussion of liquidity. Although it's alluded to, it's not discussed in detail.

    The current interest rates and recessionary climate has impacted your typical go-to lenders' ability to maintain facilities, extend loans, provide debt and various debt products (e.g. mortgages being removed from offering to being able to finance large PE deals). Long established facilities for various private equity houses are being questioned and sponsors need to find new alternative ways to obtain financing (e.g. co-investments, private debt, etc) so they can continue making money for their investor base.
    Thanks for the feedback @Romiras.
     

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