When I practiced law I often wondered why the client who had hired me to get them out of a tough jam at great expense, had not hired me to help them avoid getting into the jam at far less expense.

Today, I wonder why law firms do not hire me, or anyone else to do client development coaching for their lawyers to make sure they get it.

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Some time ago, I found the answer to my questions in a Fast Company article by Dan and Chip Heath titled: Turning Vitamins Into Aspirin: Consumers and the “Felt Need” As the Heaths point out:

If entrepreneurs want to succeed, as venture capitalists like to say, they’d better be selling aspirin rather than vitamins. Vitamins are nice; they’re healthy. But aspirin cures your pain; it’s not a nice-to-have, it’s a must-have.

I know that when I practiced law, clients were more willing to pay for the “must haves’ than they were to pay for the “nice-to-haves.”

The same is true in my current work with lawyers and law firms. Sad as it may seem, many law firms view developing the next generation of rainmakers as a “nice-to-have” rather than a “must have.” I guess they assume their baby boomer lawyers will never retire.

Likewise, when the economy is tough, law firms cut training and development of their lawyers because it goes from a “must have” to a “nice to have.” Thus, even though developing the next generation of outstanding lawyer rainmakers is “nice-to-have” not a “must-have” for the near future.

One irony in all this: My best construction law clients were the ones who hired me to do “nice-to-have” legal work and now my best law firms and the best lawyers for whom I work hire me to help with “nice-to-have” goals.

One other irony: The primary way I got hired for “must have” work was by creating content to help clients avoid the “must have” problem.

I have a question for you. What will happen to your law firm when the vast majority of baby boomers retire? Have you developed the next generation of rainmakers?

Have you ever failed to meet a client’s expectations? I can think of no worse feeling.

How do you avoid it? The key is to establish the expectations right from the start. When I practiced law, I met with clients for pre-project planning and did not charge for the time.

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If you want to avoid the problem begin each project with a planning session. Here are some of the planning questions for the agenda:

  1. What is the budget for the work?
  2. Does the client expect the billing to be level during the project?
  3. How does the client want the project staffed?
  4. What client representatives will be working on the project?
  5. Are there any time sensitive issues?
  6. How does the client want its bill?
  7. How often does the client want a status report and in what format?
  8. What are the clients goals for the project?
  9. How does the project fit into the overall business objectives and strategy?
  10. Does the client want to take a hard line in the matter or not?
  11. Would the client like to have an extranet site set up for the project documents?

Over years of experience I learned what my construction clients liked and did not like about their experiences with law firms. I decided we would put together a Construction Law Client Service Goals based on what I had been told. After I drafted the document I had several clients review it and offer suggestions. Then I used it in my planning sessions.

To those of you who subscribe by email and got one yesterday afternoon for my latest Practical Lawyer Article, I apologize. I was trying to post it on my own and not only did I mess up the post, I also messed up by not doing it the way so you wouldn’t get an email.

I posted correctly last time, but…this time I needed help from Joyce. She told me the two things I messed up so if you want to read my latest Practical Lawyer Article, you’ll find it here.

If you ever read Jim Collins book: Good to Great, you know where I got the bus analogy.

If you have never read the book, here is a Fast Company article he wrote that summarizes the book pretty well: Good to Great.

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Collins says:

Most people assume that great bus drivers (read: business leaders) immediately start the journey by announcing to the people on the bus where they’re going—by setting a new direction or by articulating a fresh corporate vision.

In fact, leaders of companies that go from good to great start not with “where” but with “who.” They start by getting the right people on the bus, the wrong people off the bus, and the right people in the right seats.

It is incredibly hard to build something when you have the wrong people on the bus. I know. I experienced it.

I led my construction law practice group and came to a point where I knew we had two income partners who were the wrong people on the bus. They weren’t happy, they weren’t productive and they were dragging down the rest of us.

Each month I received management reports and the production of one of those partners lagged behind. He was a knowledgeable construction lawyer, and even though we had lots of work, he didn’t step to the plate to take on more of it.

Finally after hearing month after month that I had to do something about his performance, I fired him. At that point I was told I didn’t have the authority to fire an income partner. That was the first I had heard that.

I look back now and think about what I could have done differently. I found an interesting Entrepreneur article: 9 Ways to Manage Underperforming Employees. Each idea was a good one I wish I had tried, especially:

5. Create performance goals together.

I’m not sure my underperforming partner would have done it. But, if by chance he did, then it would be his expected performance, not something dictated by me.

Short, of getting them off the bus, how do you handle a lawyer in your firm or group who is underperforming?

I was recently asked to make a prediction about law firms for 2016. What do you suppose I predicted?

I doubt you would guess it because I may be one of the few people who see that it is happening.

So, with that here’s what I predicted:

In 2016 law firms will experience greater problems with succession as more baby boomer lawyers retire or slow down and fewer junior lawyers have been trained, coached, mentored on the client development skills necessary to take their place.

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I think it’s a big issue. Before I left my law firm, now 11 years ago, I mentioned to our leadership that all but one of the top lawyers in our firm were over 55. I was friends with many of them and I knew that some of them had not saved for their retirement.

At the same time I suggested that the firm have me coach our brand new partners and present programs to others on client development. As you know that led to what I am doing now.

Last year I wrote briefly about this issue. See: Light My Fire: Motivating and Developing Your Next Generation and What’s Wrong With Many Law Firm Partners?

Some firms started years ago by lawyers my age are developing the next generation of rainmakers. Other firms don’t seem to care what happens to their firm after they are gone. I hope your firm is the first type not the second.

In 2016, I will be coaching more lawyers than I coached in 2015, so it seems more firms are thinking about this.

I posted the first blog referenced above the day I was giving the Light My Fire presentation. If the subject of business succession interests you, take a look at the Prezi slides from my presentation.

 

Leila Rafi and Elder Marques are two McCarthy Tétrault  Toronto partners I coached a couple of years ago. You might recall they wrote a guest post here a year ago. Fast Forward: What Will You Be Doing in 2020?

Because I greatly value their ideas, I asked them to write another guest post. Here is what they had to say about The Client Revolution.

Leila and Elder

Measuring time by the billable hour has always been a cornerstone of the legal profession – not only for charging clients, but also assessing lawyer productivity and significantly impacting compensation. Accordingly, when clients started to question the billable hour, they raised concerns that have had a revolutionary effect on the way legal work is done, measured and valued. These issues are at the heart of how law firms do work for clients and the methodology used to incentivize their lawyers.

How should law firms respond?

First, they should make sure that they are giving clients more value for their money. For some clients, this may mean complimentary seminars for their business leaders and the use of office space; for others it may mean secondments to help address gaps among in-house legal teams, or entering into creative fixed-fee arrangements that permit ad hoc advice in key areas.

Second, they need to be bold about re-thinking what they do. The lawyers and firms that will truly excel in the profession are those that will think creatively about the way they actually help their clients solve problems. As a starting point, there are three questions that lawyers need to ask themselves in dealing with clients:

  1. What problems do we help our clients solve?
  2. Who do we need to work with to solve those problems?
  3. How can we do it most efficiently?

Understanding Challenges from the Client’s Perspective

Clients have always come to their lawyers for solutions to legal issues. Increasingly, those issues have become more complex depending on the nature of a client’s business. Some of that increasing complexity is because of changes to public policy – for example, regulatory changes – while in other cases it’s caused by technological change or public expectations about transparency and accountability.

The advent of social media has completely transformed the management of reputation, branding and stakeholder relations. Technological changes are disrupting traditional business models in a range of industries. Clients still need legal advice first and foremost, but more than ever lawyers must really understand their clients’ businesses, and the environments in which they operate.

Who Lawyers Work with to Solve those Problems

Never before has playing nice in the sandbox been so important. Many legal problems cross borders or have high-risk shareholder, stakeholder and public relations implications that cause in-house counsel a lot of anxiety. To be equipped to handle such matters, lawyers can’t work in a vacuum.

As a result, depending on the deal, case or issue at hand, lawyers need to consider whether they need to bring in other advisors to provide a client with a comprehensive solution. Such advisors can include colleagues in other practice areas of the same firm, and outside specialists like media and communications specialists, government relations experts, forensic accountants, consultants or other law firms.

Doing it All Efficiently

Expensive”. That’s the phrase typically associated with “lawyers”. Add some more professional advisors, and it only gets worse….. Lawyers must be pro-active in developing workable cross-functional teams where tasks aren’t duplicated and time is not wasted.

Clients should never pay for duplication, so each member of an advisory team (internal and external) needs to have clarity on their role. Project management tools can be applied to create and control budgets and costs and steer the work product towards what the client wants. All the foregoing help to meet a client’s expectations and bring innovation to fee arrangements. Ongoing communication among the team and with the client is key to nurturing the trusted advisory role.

What Next?

If law firms are to be prepared for this future of collaboration and problem-solving, they need to:

  1. Ensure that they truly understand the industries in which their clients operate.
  2. Develop effective relationships with other professional advisory firms and be prepared to collaborate, including by looking at alternative fee arrangements.
  3. Reward lawyers who demonstrate the skill set that fosters collaboration, both internally and externally.

Lawyers need to inspire clients. The way of the future is incentivizing lawyers to be industry-savvy, collaborative and creative in their client focus. Like it or not, the revolution is happening and it’s up to lawyers to ensure that they are ready and remain relevant.

What do you think?

 

For several years, my trusty assistant Joyce and I ate lunch almost every Tuesday at one of our favorite restaurants. It was a Tex-Mex Grill in far north Dallas.

We traditionally dined there on Tuesday because the restaurant features “Double Punch Tuesdays” and we get two punches on our card. When we have 10, punches we get a free meal (up to a certain $$ amount), and with 20 punches we get two free meals.

Several months ago after we were seated I noticed we had been handed new menus. I was excited to check out what they had added to the menu.

As I skimmed through the new menu, I found the restaurant had not added any new dishes. Instead,  I found substantial price increases (some as much as 20%) on the same items.

The longer I looked at the menu and realized I would be charged an additional $2.00 for one of my favorite lunch items, the more bothered I became.Finally, I looked at Joyce and suggested that we go somewhere else for lunch. She agreed and we were out of there and on the road in a jiffy.

We never went back, not even on Tuesdays. Why? no one explained to us why the restaurant had raised prices and why the price increase was so dramatic.

I remember the leaders in my old law firm demanding that I raise my rates each year. I hated the idea and protested.

I told the leaders that just because we had entered a new year, that was not reason enough to increase rates. My clients would want to know why.  Had I become smarter by being a year older? Could I do their legal work more efficiently because I had gone from 31 to 32 years of experience?

I asked the firm leaders to give me the “talking points” to explain why my rates would be higher going forward. Needless to say, I never received anything I could share with clients. I refused to raise my rates and told firm leaders I would just work harder.

I left a fine restaurant and may not return simply because the restaurant had raised prices without explaining how we would get more for our money, or the circumstances that made the price increases necessary.

Unless your firm is the “best in the world” and price is no object for your clients, when you raise your rates and provide nothing more than you provided before, you will alienate many clients, some of whom may leave you.

 

 

Noting that once again Duke is in the Final Four, I thought it might be valuable for you to re-read this blog that I first posted in 2012.

Before we get to Coach K, I want to share that I have become a big Gonzaga basketball fan. I like Coach Few and I like how they play as a team. You might enjoy reading: Gonzaga falls five minutes short of Final Four greatness. I agree with the Seattle Times writer who said:

This run was not the surprise journey of a Cinderella. It was the culmination of a difficult process to add glory to an established program.

In the article, Coach K is quoted:

“This is a magical moment for us,” Krzyzewski said, “but we played a magical team in Gonzaga.”

If you watched Gonzaga through the tournament, I think you will agree that the Zags are a magical team in part because how unselfish they are. It is one for all and all for one.

So, let’s turn to what I wrote in 2012.

When I practiced law, my firm included many very talented entrepreneurial lawyers. Our lawyers were extremely successful on their own, but did not collaborate and work as well as a team. Our firm leaders tried, but were unable to change the silo culture at the firm. Perhaps you have the same issue in your firm. You have likely heard the phrase:

Leading lawyers is like herding cats.

Can leading star NBA basketball players be any different? Certainly their egos are as big as any lawyer’s ego.

As you likely know, Coach Mike Krzyzewski will once again coach the 2012 Olympic basketball team. The team was recently finalized and does not include three stars from the 2008 Redeem Team.

I read how the team will be different than the 2008 team in a CBS report: Coach K: 2012 U.S. Olympic basketball team could be better than 2008 squad.  I hope they can be better. But, one thing is certain: They will play as a team, much like the 2008 Redeem Team rather than playing as a group of talented losers, like the 2004 team.

What was the primary difference in those two teams? The 2004 U.S. Olympic basketball team included just as much talent, but took a third-place bronze medal because they had a “me first” attitude, and were less focused on the basics than the Argentine and Italian teams.

One could easily argue that the major difference was Coach K. He was able to get the 2008 U. S. Olympic team back to basics and teamwork. They approached their task as a team instead of a group of talented individuals. Coach K spent three years molding “The Redeem Team.”

When they won a hard fought final game against Spain, the entire team showed up for the press conference. Coach K had built a relationship with the players that not only caused them to win for him, but, more importantly also caused them to want to win for each other.

I read once that the biggest difference between business school and law school is that in business school students are taught to collaborate with one another and in law school students are taught to compete with one another. Your law firm will be more successful if you are able to create an environment that causes your lawyers to want to win for each other.

This may be easy to say, but hard to implement. If you want ideas, read Coach K’s book: The Gold Standard, or Building a World-Class Team from Success magazine that includes this Coach K quote from the book:

People want a recipe. Recipes guarantee that if you follow these steps in this order, you will get a favorable outcome. But team building is not about a recipe, it’s about taking the necessary time to build this team for this purpose.

You might also read his blog titled: Coach K, USA Basketball Moving to New Levels Together. In it he talks about the importance of collective responsibility. I like that concept. When your lawyers feel collectively responsible for your firm’s success, they will more likely want to win for each other. He says:

We didn’t have rules for the team,” he said, “we had standards. The players took personal responsibility to the uniform and to each other. There was a standard for how to act in public, for how to practice, for how to compete. We didn’t lie to each other, we showed up on time and we didn’t have excuses. It was a collective responsibility.

Are you taking the necessary time to build a world class team in your law firm?

 

 

Why are so many successful lawyers silos in their law firms? Does it matter?

Have you heard the phrase: In MBA programs students are taught to collaborate. In law schools, students are taught to compete?

If you are a regular reader, you have likely seen that phrase in previous blog posts. I thought about it again when I recently read a Kevin Roberts blog: Genius Isn’t Enough, Execution Is Everything. Kevin was reviewing the new Walter Isaacson book: The Innovators: How a Group of Hackers, Geniuses, and Geeks Created the Digital Revolution.

I specifically liked this Isaacson thought:

I think sometimes we underestimate … or sometimes we don’t fully appreciate the importance of collaborative creativity. So my book is not a theoretical book, but it’s just a history of the collaborations and teamwork that led to the computer, the Internet, the transistor, the microchip, Wikipedia, Google and other innovations.

Years ago, I suggested to my law firm’s executive committee that it put together a group of the most successful lawyers in our firm to meet either monthly or quarterly to creatively brainstorm ideas that could help us become more valuable to our clients. Here are some of the ideas I had at the time:

  • Client Service: How can we better serve our clients?
  • Motivation: What can we do to provide an environment that encourages our younger lawyers and staff to excel?
  • Visibility: What can we do to raise our visibility in the industries and cities we serve?
  • Attorney Development: How can we create the premier attorney development program recognized by our clients, our lawyers and potential recruits?
  • Collaboration: What is it? Why does it matter? What can we do to encourage it and reward it?
  • The Internet: How can we use it more effectively than other law firms to help our clients?

I had many more ideas for topics, but hopefully these will get you thinking.

So, I guess my question is are lawyers in your firm creating silos or collaborating with each other in creative ways?

Is your law firm a  Fortune Best Place to Work in America Law Firm, or are your associates just  “getting their hours?”

What difference do you think that might make to your business clients (Bet many of them read Fortune), your lawyers and staff (Bet many of them are proud…or not of their firm) and recruits (Bet many want to work for a Best Place in America Law Firm)?

Sadly, I don’t think my old firm ever made the Best Place to Work in America list. I found out one reason years ago when I was scheduled to give a lunch presentation on career planning to my law firm’s Los Angeles associates.

I saw no reason to make the presentation mandatory, especially since we were serving a “free lunch.” On the Monday before I was to speak on Friday, only six associates had signed up. I called our Los Angeles Office Administrator who told me so few had signed up because the others wanted to “get their hours.”

Wow, I was taken by surprise. I never once thought as an associate that I needed or wanted to get my hours. I think like many associates today, I would have hated practicing law if my most important goal was “getting hours.”

Incredibly, several relatively large law firms are rated within the top 100 best places to work each year.  In the 2014 Fortune Magazine list of 100 best places to work there are 6 law firms. Baker Donelson is number 31, Alston & Bird is number 40, Perkins Coie is number 41, Bingham McCutchen is number 60, Arnold & Porter is number 81, and Cooley is number 100. What do you suppose sets these firms apart from the rest?

I don’t know about you, but I would like to practice law at a Best Place to Work in America firm. As a parent, I would like for a son or daughter to practice law there. If I was a business, I would want one of those firms to be my outside law firm.

Men, has there ever been a morning when you were getting dressed for court, or an important meeting, and you had to think beyond whether your tie matched your suit, or whether it is ok to wear a striped shirt with a striped suit? I doubt it. As you will see below, you have a relatively stress-free clothing selection.

Women, how about you? Has there ever been a morning when you were getting dressed for court, or an important client meeting, and you did not worry how the judge or client might evaluate your attire?

Look, I don’t want to create a major controversy here, but frankly I was really surprised when I did research for my novel. As you know I am writing about Gina Caruso, an alpha female lawyer, mother of two, and partner in a big Texas law firm who finds herself as a potential defendant or witness in a DOJ criminal investigation of her energy client.

Gina is smart and a high achiever. She is self-confident and will never allow herself to fail. She is fit and is the best golfer in her law firm. She has charm and lights up a room when she enters. All of those positive traits work against her in her quest for success in my fictitious Texas law firm.

Gina faces some smaller challenges as well. At one point, a firm mentor tells her to quit dressing like the men in gray and navy pantsuits. Later she is criticized for dressing less conservatively, including her 4 inch Christian Louboutin heels.

In my research, I have found true stories that I could have never made up. Just do a google search and you may find more articles with strong suggestions on how women lawyers should dress than perhaps any other topic for women. Here is a small sample:

I found an article: Do Female Lawyers Have The Strictest Dress Code?  (Ally McBeal seems to be a popular example of how not to dress, as this article includes her photo. David Kelley must have purposely created Ally McBeal’s attire to create a stir.)

There are many interesting suggestions/rules mentioned in the article. Here is one.

Famed judge Lenore Nesbitt, the first female judge appointed to the U.S. Southern District of Florida, used to send women out of her courtroom for wearing open-toed shoes. Pearls were an absolute requirement.

Pearls? I was surprised. How about you?

I found this Slate article: Female Lawyers Who Dress Too “Sexy” Are Apparently a “Huge Problem” in the Courtroom. From this article, it appears that “real” progress is being made, as long as women did not dress sexy:

Prior to the 1980s, it would have been scandalous for a lady lawyer to approach the bench wearing pants. Pantsuits are acceptable now, but the expansion of wardrobe possibilities for female attorneys has not made their choices any less political.

But, while pantsuits may have become mainstream, women still better make sure their skirts are an appropriate length. You must read: Federal Judge Suggests That Women Lawyers Not Dress Like ‘Ignorant Sluts.’  (He comes across as the ignorant one.) Do you see why I say I could not make up stuff to match this.

Finally, if you are confused about what is appropriate attire, take a look at: THE IMPORTANCE OF A WOMAN’S IMAGE IN THE WORKPLACE. The detailed suggestions there are based on “substantial research:”

The information presented in this article isn’t opinion; instead it’s the result of focus groups, surveys, and in-person testing with a database of more than 18,500 respondents from across the United States and in seven foreign countries, including attorneys, judges, and other professionals.

Make sure and read the article. In it you will learn about:

  • Hairstyle-shoulder length or shorter with no loose strands.
  • Your jacket-very important and you must keep it on.
  • Your work shoes-dark colors, no open toes and heels no higher than 2 1/2 inches

How would  Jessica Pearson, the lawyer in Suits be judged? I think her attire is very professional, but clearly her heels are too high and she frequently does not wear a jacket.  You can read about the designer’s ideas in ‘Suits’ costume designer on the show’s tailor-made wardrobe, or How the Costume Designer for Suits Tells Stories Using Just the Right Attire.

Check out this interview of Gina Torres.

Some law firms have created memos to help the women lawyers in their firm. One law firm wrote a memo: Presentation Tips for Women. Even though the firm had good intentions, the memo was not well received when it was leaked on the internet. You can find some of the memo tips in this article: Biglaw Memo From Top Firm Advises That Women ‘Don’t Giggle,’ Don’t ‘Show Cleavage’

Want to help me with my novel? You could help me with the wardrobe. Also, do you have a law firm or courtroom true story that is stranger than fiction to share with me for my book?