What Is Really Behind Freshfields' Poor Financial Results?

Washington, D.C. offices of Freshfields at 700 13th Street, N.W. November 4, 2015. Photo by Diego M. Radzinschi/THE NATIONAL LAW JOURNAL.

The U.K. law firm reporting season is now well underway. The story so far has been one of unlikely financial gains, with challenging Brexit-related market conditions masked by the effects of a significantly weakened British pound.

The numbers of the more international U.K.-based firms in particular have been heavily skewed, with foreign revenue artificially boosted as it is converted into sterling for consolidated accounts. Some firms have seen their revenue inflated by as much as 10 percentage points on that basis alone.

One notable exception is Freshfields Bruckhaus Deringer, which struggled to even maintain its revenue in what the firm described as a challenging year, despite a hefty currency bump. The firm's revenue inched up just 0.3 percent in sterling terms over the past 12 months, to 1.33 billion pounds ($1.71 billion). Remove the currency effect and it would have fallen 5.4 percent.

Freshfields' Magic Circle rivals, in comparison, each posted massive revenue increases of between 9.8 percent and 16 percent (see chart, below).

In an interview with The American Lawyer's U.K. sibling publication Legal Week, Freshfields' joint managing partner Stephan Eilers blamed the results on several senior partners having retired or left the firm, including corporate rainmaker Mark Rawlinson's move to Morgan Stanley as chair of U.K. investment banking last October. He also pointed to a loss of fees due to conflicts, and the collapse of the merger between the London Stock Exchange and Deutsche Boerse. (Freshfields was advising the LSE on the deal.)

But that doesn't seem to tell the whole story. Taking the gains achieved by its Magic Circle rivals as a baseline, Freshfields' lack of growth represents a loss in revenue of between 130 million ($167 million) and 210 million pounds ($270 million). Partner exits and conflicts can be costly, it's true. But they are issues that affect all large law firms.

The other Magic Circle firms will also routinely face conflicts that may cost them some lucrative mandates. The level of conflicts activity will vary year by year, of course, but that still doesn't adequately explain Freshfields' performance relative to its rivals.

Likewise, while Freshfields did lose some big-name partners last year particularly to U.S. competitors they were also hardly alone on that front. And retirement is a constant, ongoing issue that firms should be dealing with as part of proper succession planning.