Author: Kreig Mitchell

  • Capacity Planning for Firms Under 25 People

    Most small firm leaders believe their problem is demand. It almost never is. The phone rings. The referrals come in. The pipeline is full. The actual problem — the one that keeps the firm from compounding into something durable — is that the firm cannot reliably convert demand into delivered work without breaking the team that does the converting. That is a capacity problem. It looks like a growth problem because the symptoms are the same: missed deadlines, frustrated clients, partners working weekends, associates updating their LinkedIn pages. But the cause is different, and the cure is different, and the leaders who confuse the two end up running marketing campaigns to solve a staffing model.

    The hardest constraint in a small professional services firm is almost never demand. It is capacity. What is missing is the people, the hours, the bandwidth to do the work well without burning out the team that has it. Most firm leaders will tell you they need more clients. What they actually need is more capacity to serve the clients they already have — and a system that lets them see the difference six months before the wheels come off, instead of six months after.

    Capacity planning in a small firm is almost always done badly, because nobody learned how to do it. The senior practitioner went to law school or got her CPA. She did not take a class on staffing models. So she runs the firm by feel, hires when she is drowning, lays off when she is slow, and never has the right team for the work in front of her. We can do better than this, but only if we treat it as a discipline — one with its own vocabulary, its own metrics, and its own weekly rhythm. The discipline is not glamorous. It is also the single highest-leverage activity a firm leader can spend her time on, because every other operational improvement runs through the team that does the work, and the team is the capacity.

    Know What an Hour Costs and What It Produces

    The first piece of capacity planning is knowing, for each role in the firm, what an hour of that person’s time costs and what an hour of that person’s time produces. The cost number is straightforward. Salary plus benefits plus a fully-loaded allocation of overhead, divided by available hours. Every firm should know this number for every role, and most firms either do not know it or have not updated it in three years.

    The production number is where most firms fail. They know what was billed. They do not know what was actually accomplished — how many matters moved forward, how many client touches happened, how many internal-quality steps were completed. Billed hours and produced work are different things, and the difference is where the firm’s slack lives. A practitioner who bills forty hours in a week and produces work that closed three matters is twice as productive as a practitioner who bills the same forty hours and produces work that closed one and a half matters. The dashboards do not show this difference, because the dashboards measure billing. The firm leader has to learn to see it anyway.

    The reason this matters for capacity planning is that the firm’s actual capacity is the product of headcount and productivity, not headcount alone. A firm that grows headcount without tracking productivity will grow capacity more slowly than it expects, because the new headcount comes in at lower productivity and stays there until the firm invests in moving it up. Most firms hire and then hope. Better firms hire and then teach. The difference between hoping and teaching is roughly thirty percent of the productivity of the new hire over the first two years. That thirty percent is the firm’s most underused source of capacity.

    Plan for the Realistic Year

    A practitioner in a small firm has roughly 1,500 productive hours in a year. Not 2,000, not 1,800 — 1,500, once you subtract vacation, illness, training, administrative overhead, client development, and the rest of the things that have to happen but do not bill. Plan for that number. Firms that plan for 2,000 routinely overcommit the team and routinely miss internal deadlines. The annual plan that assumes 2,000 billable hours is not an ambitious plan; it is an unrealistic one, and unrealistic plans cause the same kind of damage as no plan at all, except slower and more expensively.

    Plan for the unevenness of demand. A probate practice has a steady baseline plus periodic surges when something complicated lands. A tax practice has a brutal January through April and a softer rest of the year. A bookkeeping practice has month-end and quarter-end peaks. The annual hour total is meaningless without the seasonal shape underneath it. A firm that is correctly capacity-planned on an annual basis can still be catastrophically over-capacity in a single month, and the catastrophic month is what the clients remember.

    The discipline here is to build the capacity model around the peak, not the average. A firm sized for the average will fail in the peak, lose clients in the peak, and burn out the team in the peak. A firm sized for the peak will have slack in the trough, which feels wasteful but is actually the price of being reliable. The slack in the trough is where the firm can invest in cross-training, process improvement, client development, and the other long-term-but-not-urgent work that never happens otherwise. The firms that run lean enough to have no slack are the firms that never improve. They are too busy executing to ever get better at executing.

    Hire Ahead of the Work, Not Behind It

    The single biggest mistake we see is hiring after the firm is already over capacity. By the time the partner can prove she needs another associate, the team has been working evenings for three months, two people are looking for new jobs, and the new hire takes six months to ramp anyway. The firm spends a year recovering from a hire that should have happened a year earlier.

    We hire when the trailing six-month utilization shows a sustained level that, if it continues, will overstretch the team in the next six months. The trigger is leading, not lagging. The cost of an underutilized associate for three months is far smaller than the cost of an over-utilized team for nine. The math here is almost always misunderstood. The cost of the underutilized associate is the salary plus benefits for the underutilized months — a known, bounded number. The cost of the over-utilized team is the attrition of senior people, the client churn from missed deadlines, the burnout of the team that stays, and the multi-year drag on the firm’s reputation. The bounded loss is always preferable to the unbounded one, and yet most firms make the opposite trade because the bounded loss is visible on a P&L and the unbounded one is not.

    The cultural change required to hire ahead is harder than the financial change. Most firm leaders have an emotional resistance to hiring someone before there is a desk full of work for that person to do. The resistance is understandable. It is also wrong. The job of the firm leader is to manage the firm’s capacity curve, which means accepting some slack so that the team can absorb the next surge without breaking. A firm leader who refuses to accept any slack is, in effect, betting that the future will look exactly like the past — and the future never looks exactly like the past in professional services, which is why capacity planning exists as a discipline.

    Cross-Training Is Capacity

    In a four-person firm, if one person is unavailable for a week, fifteen percent of the firm’s capacity has just disappeared. The only insurance against this is cross-training. Every important process should have at least two people who can run it. Every important client should have at least two people who know the matter. This is operational hygiene, not nice-to-have. The firm that does not cross-train is the firm that has a brittle dependency on individuals, and brittle dependencies on individuals always fail eventually — either because someone leaves, or because someone gets sick, or because someone has a personal emergency that the firm cannot work around.

    Cross-training takes time the firm does not feel it has. The senior practitioner has to explain how she does the work, the junior practitioner has to do it under supervision, and both have to absorb the inefficiency of the handoff. We carve out time for this anyway, because the alternative is a firm that grinds to a halt whenever someone takes a vacation or a sick day. The carve-out is non-negotiable, because the moment it becomes negotiable, it becomes the first thing that gets cut when the firm is busy — and the firm is always busy.

    There is a second-order benefit of cross-training that is rarely discussed. The act of explaining how a process works forces the senior practitioner to examine the process, and examination almost always surfaces improvements. The cross-training session is also, every time, a process-improvement session. The firms that take cross-training seriously discover that their senior practitioners have been doing things a particular way for years that, when written down and shown to a junior practitioner, turn out to be unnecessarily complicated. The cross-training is the surfacing mechanism. The improvement is the dividend.

    Track the Right Numbers Weekly

    The weekly operations meeting at every firm in our family looks at the same handful of numbers. Open matters by stage. New matters this week. Closed matters this week. Hours billed by person. Hours produced by person against a target. Client-side waiting items — what is the firm waiting on from clients. Firm-side waiting items — what are clients waiting on from the firm. That is the dashboard. It fits on one page. It tells the firm leader what is going on in fifteen minutes.

    The reason most firms do not have this dashboard is not technical. The data exists, somewhere, in the systems they already pay for. The reason they do not have it is that nobody made it a priority to build. Once it is built, the firm leader cannot imagine running without it. The dashboard is the difference between a firm leader who knows what is happening and a firm leader who finds out what is happening after it has stopped being preventable.

    The two waiting-item numbers are the ones that most firms ignore and that we consider the most important. Firm-side waiting items measure the work that is queued up but not moving — usually because the firm is over capacity in a particular role. Client-side waiting items measure the work that is queued up but not moving because the firm is waiting on something from the client. Both numbers should be small. Both numbers should be aging less than a week. When either number gets large or starts aging, the firm has a problem that the billing dashboard does not show. The waiting-item dashboard shows it three or four weeks earlier, which is the difference between a problem you can fix and a problem you can only apologize for.

    The Capacity Curve Over Time

    Capacity in a small firm is not a static number. It is a curve that moves with the firm’s experience, its processes, and its tools. A firm that does the same work the same way every year will not gain capacity at all — it will only gain capacity by hiring. A firm that systematically improves its processes will gain capacity from the same headcount, year over year, as the team learns to do the work more efficiently and as the systems learn to absorb more of the rote work.

    The firms that compound capacity from improvement, rather than just from hiring, are the ones that end up with structurally better margins than their peers. They have figured out that capacity is partially a function of how the work is organized, not just how many people are doing it. The work of capacity improvement is unglamorous — process documentation, template refinement, system configuration, automation of the parts that automate well — but the payoff compounds. A firm that gets five percent more efficient every year doubles its effective capacity in fifteen years without doubling its headcount. The competitor that did not invest in efficiency has to actually double its headcount to keep up, which means it has to absorb all the management complexity that comes with twice as many people. The compounding firm wins on margin, on culture, and on resilience, and the win is invisible until it suddenly is not.

    The Team Is the Asset

    Every firm we own is mostly its team. The clients, the brand, the matter book — all of that compounds on top of the team. A firm with the right team can rebuild every other asset. A firm with the wrong team cannot. We hire carefully, develop deliberately, and invest in the people who are already there. The capacity that compounds is the capacity that stays.

    This is the part of capacity planning that the spreadsheet cannot capture. The spreadsheet treats headcount as fungible — one practitioner is worth roughly one practitioner. The reality is that a senior practitioner with five years of firm tenure is worth two practitioners with six months of tenure, and the gap is not visible in the headcount line. The investment in retention is, mathematically, the highest-leverage capacity investment a firm leader can make. The retained senior practitioner produces more per hour, requires less supervision, mentors the junior practitioners, and carries the institutional knowledge that no documentation system fully captures. Losing her is the single most expensive thing that can happen to a small firm, and yet firms routinely under-invest in retention because the investment is illegible on the P&L.

    What to Do Monday Morning

    Build the one-page dashboard. If it takes you a week, take the week. If it takes you a month, take the month. The dashboard is the foundation of every other capacity decision you will make for the next five years, and running without it is running blind. Open matters, new matters, closed matters, hours billed, hours produced, firm-side waiting, client-side waiting. Seven numbers. That is the foundation.

    Re-plan the year around 1,500 hours per practitioner. If your plan is built on a higher number, the plan is fiction. Re-plan it. Tell the team what changed and why. Accept that the new plan will be harder to hit on revenue, and accept that the team will trust you more because the plan is honest.

    And finally, identify the next hire before you need it. Not the hire after the team breaks. The hire two quarters before the team breaks. Write down the trigger that will tell you it is time to make the offer. Then watch the trigger every week. The discipline of watching the trigger is the discipline of running a firm rather than reacting to one, and it is the discipline that, more than any other, separates the firms that compound from the firms that just survive.

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  • From Heroics to Process: Documenting Work Before You Automate It

    There is a moment in the life of every small firm when the founder realizes that the firm cannot grow past her. The signs are subtle for a long time and then suddenly obvious. The work that depends on her judgment keeps showing up faster than she can train others to handle it. The senior people get frustrated because she will not let go. The clients are loyal to her, not to the firm. Whenever she takes a vacation, the work piles up in a way that takes two weeks to dig out of. The firm is, in effect, a personality projected onto a payroll. It is a wonderful personality and a fragile firm, and the founder is too busy being the personality to notice that the firm under her has stopped scaling.

    This is the moment process design becomes the most important investment the firm can make. It is also, in our experience, the moment the firm is least equipped to make it. The same things that made the founder good at running the firm by heroics — her judgment, her speed, her unwillingness to delegate the parts she cares about — make her bad at writing down how the firm works. The founder has to learn a new skill, late in her career, to do the thing that will determine whether the firm outlives her. Most founders never get there. The firms that do are the ones that, in retrospect, were able to compound.

    You cannot automate a process that does not exist. This sounds obvious until you walk into a small professional services firm and try to figure out how it actually does its work. The work gets done — the documents go out, the clients get served, the bills get paid — but if you ask three people in the firm how the work happens, you will get three different answers, each only partly true. The firm does not have a process. The firm has heroics.

    Most small firms are run on heroics. A senior person knows how to do something. She does it. When she is busy, she trains a junior person by doing it together a few times. Eventually the junior person can do it on her own, mostly. When something unusual happens, the senior person handles it. When the senior person leaves, the institutional knowledge leaves with her. This is fine until the firm needs to scale, at which point it becomes a wall.

    From Heroics to Process

    Process design in a professional services firm is not about turning the work into a factory. It is about making the work repeatable enough that it does not depend on any one person knowing the answer. The senior person’s job changes from “do the work” to “design the work so that other people can do it correctly without me.” This is a different job. It uses different muscles. It requires the senior practitioner to translate twenty years of tacit knowledge into explicit instructions, and then to accept that the explicit instructions, executed by a less experienced person, will produce work that is ninety percent as good as her own — which is the right trade, because the firm can run ten parallel instances of ninety percent and only one instance of one hundred percent, and ten times ninety is nine hundred percent.

    The smallest unit of process design is the checklist. A real checklist, not a wishlist — a sequence of steps that, when followed, produces a reliable outcome. For probate intake, the checklist might have forty items. For drafting a particular kind of trust, eighty. For an offer in compromise, two hundred. The checklist is not a substitute for judgment. It is a way to free up the practitioner’s judgment for the parts of the work that actually require it.

    The genius of the checklist, which Atul Gawande wrote a whole book about and which professional services firms have mostly failed to learn from, is that it does not lower the ceiling of performance — it raises the floor. The best practitioner with a checklist is at least as good as the best practitioner without one, because she can simply ignore the items she already has internalized. The mediocre practitioner with a checklist is substantially better than the mediocre practitioner without one, because the checklist catches the items she would otherwise have forgotten. The variance of the firm’s output narrows. The narrow variance is what clients are actually buying when they hire a “good firm.” They are not buying the peak performance. They are buying the predictability.

    Document Before You Automate

    The first rule of automation is that you cannot automate what you have not first documented. The temptation to skip the documentation step and go straight to the software is enormous, because documentation is boring and software is exciting. The teams that skip the documentation step end up with software that automates the wrong thing, or that requires more manual work than the process it replaced.

    We document everything before we automate anything. The process documentation lives in plain text, edited by the practitioners who actually do the work, reviewed by the firm leader, and updated whenever the process changes. It is not glamorous. It is the most valuable artifact in the firm. The documentation, taken together, is the firm’s operating system — and a firm with a written operating system is qualitatively different from a firm without one. The first kind of firm can be taught to a new partner. The second kind of firm can only be lived through, which means it cannot be replicated, transferred, or sold.

    The order matters: document first, then automate. Most firms that get this order wrong end up with a tangle of automations that nobody fully understands, each one solving a small problem in a way that creates a larger one. The right sequence is to write down the process as it is currently being executed, in enough detail that a thoughtful new hire could follow it. Then improve the process on paper — most processes have at least one or two obvious improvements that surface only when they are written down. Then, and only then, look at what parts of the improved process are mechanical enough to automate. The mechanical parts get automated. The judgment parts stay with humans. The result is a firm that uses software as a force multiplier, not as a substitute for understanding its own work.

    Process Owners

    A process without an owner decays. Every process in the firm has an owner — a specific person whose job includes keeping that process current, identifying where it is breaking, and fixing it. The owner is not necessarily the senior practitioner. Often the best process owner is the senior paralegal or the office manager, because she is the one who watches the process get executed every day and notices when it is not working.

    Process owners are paid for the role. It is not extra duties on top of a full-time job. We carve out real time and real authority for the people who own processes, because the alternative is processes that look great on paper and that nobody actually follows.

    The pathology of process ownership without authority is one of the most common patterns in professional services firms. Someone is named “process owner” but has no power to change the process, no time to maintain it, and no audience for raising the alarm when it is failing. The process stays on paper. The work happens however the practitioners decide it happens. Six months later, the documented process and the actual process have diverged so far that the documentation is worse than useless — it is misleading. New hires are trained on the documentation and then quietly learn from senior peers that the real way to do things is different. The firm now has two operating systems, one written and one oral, and the oral one wins. The cure is not better documentation. The cure is process owners with authority commensurate with the responsibility.

    When to Break the Process

    Process discipline is a tool, not a religion. Every process should have an explicit exception path. The exception path is what the practitioner does when the fact pattern is novel, the client is unusual, the deadline is unusual, or something else is unusual. The exception path requires more judgment than the standard path. That is the entire point.

    A firm that follows its processes ninety-five percent of the time and uses good judgment for the other five percent is much better off than a firm that has perfect adherence to a process that does not actually fit reality. Process exists to make the routine work routine, so that the unusual work can get the attention it deserves.

    The cultural failure mode in mature-process firms is process worship — the belief that the process is the work, rather than a scaffolding for the work. Process worship produces firms that follow the documented steps even when the steps are clearly wrong for the situation in front of them. The signs of process worship are easy to spot once you know what to look for: practitioners who escalate trivial decisions to managers because “the process does not cover this,” documentation that has not changed in three years even though the firm has, and a steady erosion of judgment among the people who used to have it. The cure is to make the exception path as legitimate, as documented, and as celebrated as the standard path. The exception path is not a failure of the process. It is part of the process, and the practitioners who use it well are doing the highest-value work in the firm.

    The Documentation Discipline

    Documentation rots if it is not maintained. The discipline of keeping it current is harder than the discipline of writing it in the first place, because the urgency that drove the original effort fades, and the maintenance work is invisible until the documentation is wrong. The firms that maintain their documentation well do so because they have built maintenance into the regular operating rhythm — not as a quarterly project but as a continuous practice. Every time a process is executed in a way that differs from the documentation, the documentation gets updated. Every time a new edge case is encountered, the documentation absorbs it. The documentation is a living artifact, not a published one.

    The format matters less than the discipline. We have seen firms run perfectly good documentation systems in plain text files, in Notion, in Google Docs, in dedicated process-management software, and in old-fashioned binders. We have also seen firms with expensive process-management platforms whose documentation is stale and useless. The platform does not create the discipline. The discipline is what makes the platform worth anything. A firm with a discipline and no platform will have better documentation than a firm with a platform and no discipline, every time.

    What Good Process Design Feels Like

    In a firm with mature processes, a new hire can be doing real client work in weeks instead of months. A long-term associate can leave for two weeks of vacation and the firm does not freeze. The firm leader can sleep on Sunday night without lying awake wondering which deadline is going to be missed on Monday. The work product is consistent. The clients notice that the firm feels organized.

    The reason most small firms do not invest in process design is that the payoff is invisible. You cannot point at a particular client win and credit the process for it. You can only point at the absence of failures, which is the hardest thing in the world to point at. We do this work anyway, because the absence of failures is what compounds into a durable firm.

    There is also a more subtle, and ultimately more important, effect of mature processes. The firm starts to be able to think about itself. Not in the vague, retrospective way that all firms can — “I think we are getting better at X” — but in the specific, prospective way that only systematized firms can. The leadership can look at a documented process, see that it produces a particular kind of result, and ask whether a different version of the process would produce a better result. The firm becomes capable of experimentation, because there is a baseline to experiment against. Pre-process firms cannot really experiment, because they cannot measure the difference between the experiment and the control. The maturity of the process is the prerequisite for the maturity of the firm’s self-understanding, and the self-understanding is the prerequisite for everything that compounds beyond it.

    What to Do Monday Morning

    Pick the three processes that the firm runs most often and write them down. Not in a slide. In plain text. Start with the most ordinary, most repeatable processes — intake, billing, file opening — because these are the ones where the gap between “documented” and “actually executed” is widest and where the wins from closing the gap are largest. Resist the urge to start with the glamorous, complicated processes. Start with the ones that should be boring and have somehow become hard.

    Assign an owner to each process. Give the owner real time and real authority. If you cannot give the owner real time, the process is not important enough to have an owner. If you cannot give the owner real authority, the documentation will diverge from the practice within a quarter. The owner-with-power is what makes process work compound rather than decay.

    And finally, write down the exception path for each process. Not in the abstract. With examples. The exception path is the proof that the process respects judgment, and the explicit acknowledgment of the exception path is what keeps the standard path from becoming a religion. A firm that has both — a clean standard path and a legitimate exception path — has built the operating system that will let it scale beyond the senior people who currently hold it together. The rest is execution, and execution is easier than building the operating system in the first place.

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