Madrid e-report 2014 | Page 3

Madrid Annual Report The fight intensifies Is the crisis over? Yes, say some lawyers who point to an increase in foreign investment in Spain and more M&A activity as evidence of an economy in recovery. Indeed, it is true that more money is being ploughed into Spain – for example, statistics show that Spain´s retail investment market grew almost three-fold in 2013. But this is only half the story. Some analysts argue that Spain is witnessing a “jobless recovery”. That is, though the economy may be improving, the unemployment rate remains high – the fact that unemployment in Spain stands at 27 percent (and as high as 55 percent among young people) suggests that this analysis is correct. So where does the current economic situation leave Madrid´s law firms? Deal volume is on the rise, and for the big ticket transactions, clients are still willing to pay significant fees. Meanwhile, as activity increases, firms are showing an increasing willingness to promote more lawyers to partner level, whereas in the past, with the economic outlook more uncertain, some firms had kept partner promotions to a minimum. However, while fees for major deals may be holding up, an increasing amount of work is becoming commoditised, with the result that some instructions only generate around a quarter of the amount of money they may have brought in a few years ago. Spanish firms are facing increased competition from the major auditing firms as well as the Anglo-Saxon law firms, with some managing partners of the belief that with foreign investment increasing in Spain, it is UK and US firms that have an advantage when it comes to winning instructions. Pedro Pérez-Llorca, managing partner of Pérez-Llorca, says lawyers are “no longer operating in a crisis market”. He adds: “If you work in an area where there is investment, you can do well, there´s a lot of volume and a lot of deals to be done.” However, he adds that the legal www.iberianlawyer.com fees are not always as high as law firms would like. According to Manuel Martín, managing partner at GómezAcebo & Pombo, while there continues to be pressure on fees for commoditised work, fees for high value work are holding up. But as one managing partner points out, the problem is that there are some huge firms in the Madrid market that are struggling because they have lawyers who are under-occupied, and therefore such firms are left with no choice but to take commoditised work. The managing partner adds that an increasing amount of work that previously was not commoditised is now becoming so – this includes capital markets, M&A and financing work. The source says that fees for some work in these areas have dropped a massive 75 percent in the last few years. Litigation is the foundation on which many law firm´s practices are built, according to one market source, with most top firms relying on this area of practice for around 50 percent of their revenues. “Everyone talks about deals and transactions, but litigation is always very important – you often don´t hear about it because much of it is confidential.” Eduardo Gracia, managing partner of Ashurst´s Madrid office foresees “another year of good opportunities ahead”. He adds that in the last 12 months, it was mainly the biggest companies that benefitted from foreign investment, but, in the coming year he expects a second wave of investment focused on mid-sized companies in Spain, with the real estate sector in particular offering “good opportu