In this blog written by Tim McKey, CEO of Vista Consulting, he explores how contingency fee law firms can determine their response to private equity (PE) and management services organizations (MSOs) as these models reshape the plaintiff law industry.
While no single model is right for every firm, studying how to approach these decisions can help leaders better evaluate their next steps or simply “stay the course.”
What You’ll Learn
- Three ways firms can respond to private equity and MSOs.
- Why operational and financial discipline keeps options open.
- How intentional planning can position firms for what comes next.
Waking Up to the New Reality: PE and MSOs Are Already Here
Private equity and MSOs have entered the personal injury law space. This isn’t a forecast. It’s already happening. Deals are signed, MSOs are being created, interests sold, and the ground beneath plaintiff law is shifting whether you’re paying attention or not.
Our team has spent time in hundreds of firms, and we hear the same reaction: “That’s not for me.” Maybe it isn’t. But here’s what we know: your response to this market shift matters whether you ever touch outside capital or not. The firms that are best positioned to thrive will be the ones that choose their path intentionally and align with their best fit.
So, what should your firm’s response be? There are three doors in front of you. Understand each and then choose intentionally:
Door 1: Grow and Compete
You don’t have to create/join an MSO to win. Build real scale and operational strength, like systems that hold up when volume spikes and a team that runs like a business, not dependent upon a one-person show. Or go the other direction: niche down and become the trusted community firm clients seek out by name.
Small can be mighty when your reputation and relationships are ironclad. Either path works. Drifting between the two does not. There may also be alternative methods of raising capital, if needed. Going the equity route is not the only option.
Door 2: Grow and Position to Sell
If an exit is anywhere on your horizon, you need to be ready when the right offer arrives. Buyers today are mostly looking for firms with more than $10 million in EBITDA, clean books/accounting records (well-designed and accurate) that survive due diligence, and a management layer that doesn’t collapse the day the founder steps back. Choose this door if building enterprise value and creating a genuine exit matters more to you than staying independent forever.
Door 3: Do Nothing
Nobody consciously picks this door, yet most owners walk through it anyway. Doing nothing feels like waiting to see what happens. In reality, it’s letting outside forces decide for you. The risk? Slow absorption, gradual shrinkage, or eventual closure. Standing still isn’t neutral. It’s just a slower way of losing ground. The firms best positioned for what comes next have a plan.
The Foundation Is the Same Either Way
Here’s the good news: whether you want to compete or sell, the necessary work is identical. You don’t need to pick a door today to start building. You just need to get your financial house in order.
- Tighten your operations. Document your processes. A firm that only works because the founder is watching isn’t a business; it’s a job. Build systems and a quality team that can keep the firm running whether you’re in the office or on a beach.
- Keep clean books. Reliable, accurate, well-designed financials allow you to make well-informed decisions today and survive a buyer’s due diligence examination tomorrow. Messy books cost deals, money, and sleep.
- Build a real management layer. You can’t scale on the founder’s willpower alone. A capable leadership team lets you grow and makes the firm valuable to anyone who might want to invest in it. Dependence on one or two founders is a recipe for disaster. Having the right people within the organization is a must.
- Treat intake as the priority it is. Every missed lead is money gone. No marketing budget outruns a broken intake process. The firms that convert efficiently win; the ones that don’t will leak revenue.
None of this is flashy. It’s foundational. But it’s the difference between a firm that has options and a firm that has none.
Choose on Purpose
The firms best positioned to come out ahead won’t have the fanciest strategy. They’ll be the ones that picked a door deliberately and did the unglamorous work to walk through it. Build that foundation, and every door stays open. Skip it, and Door 3 makes the choice for you.
Please don’t just let these market changes affect your firm by being the ostrich. Which door is yours? Intentionality trumps default in every case.
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- Life Cycle Stage: Educated - Best Practices
- Content Tier: silver
- Content Type: blog