The Crossing Report — Issue #25

The EBITDA Gap

Published September 28, 2026 · By The Crossing Report · 15 min read

24.2% EBITDA.

That's what professional services firms widely applying AI earned in 2026, according to SPI Research's Maturity Benchmark — a study of 509 organizations representing $63 billion in revenue.

The firms not applying AI? 8.8%.

Same industry. Same clients. Same market. The gap is already measured, and it's nearly 3x.

I watched this gap open at my own agency — we had AI running across three workflows but hadn't touched our packaging. The efficiency was real. It was invisible on the P&L.

Here's the part that should stop you: the firms at 24% aren't working more hours. They didn't hire more people. What they did was redesign how they package and price work — and use AI to deliver more of it with the same team.

If you're reading this with the nagging sense that you're using AI but not feeling it on the bottom line, this issue is for you.


1. The EBITDA Gap Is Real — and It's Getting Wider

SPI Research tracks professional services firm performance more rigorously than anyone else in this industry. Their 2026 Maturity Benchmark covers 509 organizations and more than $63 billion in combined revenue.

The headline finding: firms that have broadly applied AI — not just experimented, but operationally deployed it — now earn 24.2% EBITDA margins. Firms that haven't: 8.8%.

That's not a rounding error. That's a different business.

What makes this number worth paying attention to is the mechanism. Industry-wide utilization fell to 66.4% in 2026 — the lowest in SPI's historical tracking. Revenue growth slowed to 5.2%, roughly half the healthy benchmark. The market isn't getting more lucrative on its own.

The 24% firms aren't winning because the market is easier. They're winning because they produce more output per professional at lower utilization — and they've redesigned their service packages to capture that efficiency as margin, not as capacity they give away.

The firms at 8.8% are still delivering work the old way, only faster. Same pricing structure. Same package design. Just with AI in the mix somewhere.

The gap between 24% and 8.8% is a packaging and pricing problem, not an AI problem.


2. The Pricing Freeze

The data on why AI isn't showing up on your bottom line is uncomfortably clear.

Clio's 2026 Legal Trends Report found that 75% of small law firms now use AI — but fewer than 33% increased revenue. BigHand's 2026 survey found that only 31% of law firms using AI captured meaningful profit improvement. The other 69% are using AI and seeing nothing on the bottom line.

More broadly: 80% of professional services firms are experiencing client pricing pressure in 2026. And yet 86% of solo practitioners and 78% of small firms made zero pricing changes in response.

Read that again. You're using AI. Your clients are pushing back on fees. And the answer for most firms has been: keep the pricing structure exactly the same.

Meanwhile, McKinsey moved 25% of its global fee arrangements to outcome-based structures in 2026. That's the direction of travel for the market leaders. The firms at 24% EBITDA are not waiting to see where it goes.

Deploying AI without redesigning your service packages is like installing a faster engine and leaving the transmission in first gear. The speed is there. The performance isn't.

The good news: there are concrete tools you can add to your stack this week that make the redesign easier. One of them just went live.


3. DocuSign MCP Is Live — Your Contract Library Is Now Searchable by AI

DocuSign's MCP Server went generally available on September 30, 2026.

What that means in plain terms: any AI tool your firm already uses — Claude, ChatGPT, Gemini, Copilot, any MCP-compatible workflow — can now directly query your full DocuSign contract history. Past negotiations. Accepted terms. Clause history. Signing status. Approval workflows.

For a 10-person professional services firm, this matters in three ways:

  1. Proposal acceleration: "Pull the engagement terms from our last three similar-scope projects" becomes a single AI query instead of a half-hour of DocuSign navigation
  2. Conflict checking: before committing to client terms, check what your existing agreements say about scope, exclusivity, and IP — without opening DocuSign separately
  3. Renewal automation: an AI agent can now monitor expiring agreements, draft renewal proposals, and flag for human approval — all without a human initiating each step

One governance note before you connect: Before linking your contract history to an AI agent, confirm your DocuSign enterprise agreement's data handling terms and verify that client confidentiality obligations are met. The configuration step is worth 30 minutes with your legal team or outside counsel. Contract data includes sensitive client information — getting the access controls right before connecting matters.

The firms that connect today start building a compounding advantage from day one.


The firms at 24% EBITDA didn't get there by deploying more AI — they made four specific packaging decisions in the last two quarters. Your firm type determines which one to make first.


The Q4 Execution Checklist (by Firm Type)

The EBITDA gap doesn't close by doing everything on this list. It closes by doing the top item for your firm type. Pick one. Do it before Q4 ends.

For Law Firms

1. California SB 574 — signed September 30, effective January 1, 2027

Governor Newsom signed SB 574 on September 30. Every California attorney now has four codified AI obligations: (1) keep client information out of AI tools lacking proper access controls, (2) verify every AI-generated citation personally before filing, (3) avoid AI that produces unlawful discrimination, (4) consider disclosing AI use to clients.

A full compliance guide is live at crossing.one. The short version: a two-hour policy review against the free ABA Opinion 512 template gets most small firms 80% of the way there. The framework covers tools permitted, confidentiality requirements, verification procedures, billing disclosure, training, and accountability.

Your Q4 action: run your current AI tool stack against the four-point checklist. Document it. File it with your matter management system.

2. M365 data sovereignty If your firm handles sensitive client matters, confirm whether your Microsoft 365 agreement defaults to cross-tenant AI training. Enterprise-grade data sovereignty requires specific configuration — it's not automatic.

For Accounting Firms

1. Verify before you file — the AI citation risk The Journal of Accountancy flagged this in September 2026: AI tools are generating plausible-looking but fabricated tax citations. Every AI-assisted tax research output requires a three-step verification before the filing goes out: (1) confirm the cited authority exists in the primary source, (2) verify the cited language is accurate and hasn't been superseded, (3) document the verification in the file.

Not optional. Not "when you have time." Before every filing with AI-assisted research.

2. Byron and Accrual: AI-native tax prep worth evaluating this quarter Both launched purpose-built AI tax workflows in 2026. If your firm is still evaluating whether to deploy AI in your tax process, schedule demos before year-end when calendar pressure makes evaluation impossible.

For Consulting Firms

1. AB 1405 first-mover window California's AI auditing registry opens in 2029 — but the firms building AI auditing competency now will own that market before the registry formalizes. If your consulting practice touches any client's AI-informed decision process, start building the capability now. The first-mover window is Q4 2026 through Q4 2027.

2. SB 947 — signed September 30 The No Robo Bosses Act is now law. Consulting firms that have designed AI-informed HR decision workflows for clients need to add a documented human-review checkpoint before those systems go live. Compliance deadline: July 1, 2027. Start the human-review checkpoint audit now.

For Staffing Agencies

1. SB 947 — signed September 30 — highest priority Human review required before any AI-informed termination or discipline decision. Effective July 1, 2027. Penalties: $500 per violation plus punitive damages plus attorney fees. You have nine months to audit every AI-assisted HR workflow and document the human-review checkpoint. Start the audit this week — don't wait for the compliance deadline to appear on the calendar.

2. Colorado ADMT rules Circulated September 23, hearing October 26, effective January 1, 2027. If you staff in Colorado, your AI-assisted employment decision tools are in scope: 99-day window for AI impact assessment and disclosure. The clock starts January 1.

For All Firms

Change management is the most common failure point. 61% of firms that abandoned AI initiatives cited change management failures — not the technology, not the cost. The one fix that works consistently: one named person owns each deployed AI workflow. They monitor it. They report on it. They're accountable if it drifts.

Without that ownership model, experiments stay experiments. Every firm at 24% EBITDA has a version of this in place. Most firms at 8.8% don't.

SB 1000 — effective immediately. If your firm uses any purpose-built AI tool, its vendor is now subject to California AI disclosure requirements regardless of size — ask for their compliance statement before Q4 ends.


Regulatory Watch

All three California AI bills below were signed the same day — the compliance clock is now running on every one.

What Status Your deadline
CA SB 574 Signed Sep 30 Jan 1, 2027
CA SB 947 No Robo Bosses Signed Sep 30 Jul 1, 2027
CA SB 1000 AI Transparency Signed Sep 30 — effective immediately Now
CO ADMT revised rules Oct 26 hearing Jan 1, 2027
CO SB 26-189 hiring audit Active Dec 31, 2026
FTC AI disclosure standard In force since Jul 2026 Now

One Thing to Do This Week

Pick your firm type from the checklist above. Find the top item. Write down:

"By [specific date], [name] will complete [specific action]."

Not "we should look at this." A date. A name. A deliverable.

The firms at 24% EBITDA didn't do everything at once. They picked the workflow that paid off first, got it running, measured it, and moved to the next one. The gap closes one decision at a time.

The gap is already measured. The question is which side of it you're on in twelve months.


Next issue: 79% of professional services firms are experimenting with AI. Only 11% are running it in production. The gap isn't about budget or tools — it's about three things your experiments are almost certainly missing.

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