Who was the first to say:

All other things being equal people want to do business with people (lawyers) they know, like and trust.

In his book “The Likeability Factor,” Tim Sanders includes a chapter on “The Four Elements of Likeability.” Those elements are:

    • • Friendliness
    • • Relevance
    • • Empathy
    • • Realness (authenticity)

They say our country wants to elect a President the majority knows, likes and trusts. The 2016 election may have changed that. Both Donald Trump and Hillary Clinton had unfavorabilty ratings over 50%.

I learned a great deal from President Kennedy, Robert Kennedy, President Reagan and President Clinton. Each of those Presidents connected with their audience. In varying degrees they each demonstrated friendliness, relevance, empathy and realness.

Many young lawyers I coached believed they were at a competitive disadvantage because of their age and experience. I said that was the wrong way to think. I told young lawyers to focus on what they were, not on what they weren’t

When I coached young lawyers I shared with them that about 10% of legal work is “bet the company.” Clients will hire the best-known senior “go to” lawyer to handle that work.

At the other end, about 20% to 30% of legal work is commodity work. Clients will hire whoever is willing to do that work for the lowest price. Lawyers in a firm of any size, are not able to compete on price and would not want to compete on price.

Finally, at least 60% of legal work is neither bet the company or commodity work. Clients will hire lawyers they like and trust and with whom they feel some connection.

How can you position yourself to have the best opportunity to be hired by clients for that work? First, you have to be a capable lawyer. But, that will not be enough. You need to also be likeable with the elements Tim Sanders describes. You need to be friendly. Tim Sanders uses a quote from Bert Drecker, a communication expert:

“If you want to get your message across . . .., You must first persuade the listeners first brain that you represent warmth, comfort and safety.”

Next, you must be relevant. As a lawyer that means understanding your client’s industry and company and understanding your client contact’s needs.

Next, you need to be empathetic. You must be able to see things from your client’s point of view. To do that you need to ask relevant questions and then listen, listen, listen.

Finally, you need to be real. Have you ever said about a person:

What you see is what you get.

If you have, then you know what being real means.

When you are asked to speak to an industry group you have one of the greatest opportunities to market yourself and also one of the greatest challenges.

You have the opportunity to show your knowledge and to build rapport.

You have the challenge of speaking to a skeptical audience. No matter what the industry, your audience did not likely wake up and say:

“Oh boy, I get to listen to a lawyer this morning.”

How do you overcome their skepticism? In a nutshell, figure out what is really important to your audience and find a way to tie your presentation to that in the first 90 seconds.

You will have 90 seconds to convince a very skeptical audience that they should listen to you for the next hour. Give more thought to what you will say in those 90 seconds than what you will say in the remaining 58 minutes and 30 seconds.

I gave at least 10 presentations to contractors on compliance and ethics after Enron and Worldcom. How did I use the first 90 seconds? I will leave you with just the last line.

Compliance and ethics is as important to the survival of your company as safety is to the survival of your employees.

How will you use those 90 seconds the next time you have the opportunity to speak to your target market?

When I coached lawyers, I concentrated on both a coaching component and a teaching component. The coaching component involves asking the right questions. The teaching component involves giving the right answers

As a coach, use questions to help your lawyers:

  1. Figure out what they want to accomplish their definition of success
  2. Understand their values
  3. Plan and goal setting
  4. Figure out their major strengths and offering ideas and best practices on how to use those strengths.
  5. Figure out the best ways to deal with obstacles they encounter.
  6. Answer questions, offer feedback, and suggestions.
  7. Be Accountable: Pushing each participant and the group to attain group and individual goals.

As a trainer and teacher, you will help the lawyers with and by:

  1. Preparation of a business development plan
  2. Presentation/communication/writing articles and blogs skills that will attract clients
  3. Understanding how clients select lawyers and how to be considered and selected
  4. Networking, developing relationships and converting those relationships into business
  5. Referral to sources on career and client development
  6. Create opportunities for the team
  7. How to conduct potential client meetings
  8. Understanding what clients expect and how to provide it

A lawyer recently complained about young lawyers who were working on projects for her. She said:

They grew up getting trophies for participation and now they think they deserve praise for mediocre work. They just touch the surface and I have to spoon feed them to go deeper.

I don’t know whether that is a fair criticism of lawyers in their 20s. During my 37 years practicing law, senior lawyers always criticized the next generation.

Having said that, I am an example of a lawyer who was forced to become a better lawyer by a client who pushed me.

Businessman wearing black suit and red boxing gloves

I once represented a client I will call Frank (not his real name). Frank was a tireless, brilliant businessman who started with nothing and built a thriving, successful business.

As some of you know, over my career I discovered I was a “big picture” lawyer. I frequently was able to see things others missed. But, I hated the details. Frank was the most detailed client I ever represented. He asked thorough, tough questions, and I had to be prepared to anticipate what he would ask and answer his questions. Frank forced me to become a better lawyer.

I recently read a Guy Kawasaki Article: Guy Kawasaki: At Apple, ‘you had to prove yourself every day, or Steve Jobs got rid of you’. Kawasaki writes:

In the Macintosh Division, you had to prove yourself every day, or Jobs got rid of you. He demanded excellence and kept you at the top of your game. It wasn’t easy to work for him; it was sometimes unpleasant and always scary, but it drove many of us to do the finest work of our careers.

Doing legal work for Frank was sometimes unpleasant and always scary, but it drove me to focus on details I would have missed if he hadn’t demanded excellence.

Do you have a client or a partner for whom you work who demands excellence? If so, years from now you will thank him or her for making you a better lawyer.

Have I ever told you I hated going to events and conferences? I only went if I was speaking, and I always tried to arrange my presentation so it was before the cocktail party.

Sometimes that worked, sometimes it didn’t. I remember when I was asked to speak at a Maryland Bar Association Annual Meeting held during the summer on the Eastern Shore. I arrived on Friday night, just in time for the cocktail party. I didn’t know any of the lawyers, so I stood with my diet coke in one hand and a vegetable plate in the other. After I finished my diet coke, I left and went to my room.

You might ask:

“Why didn’t you strike up a conversation with anyone?”

I never liked just striking up conversations with people I didn’t know. In this case, the lawyers were catching up with their friends from other parts of the state. What could I add to their conversation? Not much.

My presentation the next morning was at 8:00 AM. When I started my presentation only five people were in the audience. They told me the lawyers stay out late after the cocktail party. When I finished, there were at least 10 lawyers in the audience.

In 2019, you will likely attend one or more conferences. Like me, speaking at the Maryland Bar Association Annual Meeting, you may not know anyone at the conference. Sounds daunting, doesn’t it?

Eric Pruitt is a Birmingham, Alabama lawyer I coached 11 years ago. When I first met Eric he told me he would be attending an industry conference and asked if I had any ideas for him. I gave him some and told him to read chapters from Keith Ferrazzi’s book: Never Eat Alone. Eric did and it changed how he approached industry conferences. Here are some of Eric’s thoughts that he shared with me when I was coaching him.

Keith Farrazzi has 15 Tips for Being a Conference Commando. Some of it sounds over the top, or “dorky”, however, I decided to look at his tips with an open mind and see how I could apply his concepts as a lawyer. I found some great ideas. Here are a few of the things I’ve started doing:

  1. Develop a plan. Work to identify people you want to meet, schedule lunches/dinners/drinks/ etc. . . before the meeting. I’m attending the CMSA Annual Meeting in NY next month and have worked to schedule these events in advance and am working on identifying the “celebrity status” (people of importance in the organization – not real celebs) that I want to meet while I’m there.
  2. Work on building relationships with people, not seeing how many people I can meet and give a business card to. Focus on the person I’m talking to, don’t let my eyes wander and attempt to find the next target.
  3. Take notes on the people I meet and follow up quickly with a hand written note. Use the notes so I can make a personal connection in my follow up correspondence.
  4. Have a “what can I do for this person” attitude instead of “how can I do legal work for this person”. Helping others is a great way to build a network.
  5. If it is an industry organization that you want to become more involved in, find a non-threatening way to volunteer for tasks at the meeting. This can provide opportunities to find out about special invitation events, get to know leaders, etc. . .

These are just some quick comments. The book is packed with great insight.

What can you learn from Eric’s ideas and actually use at the next event you attend?

Practicing law has changed dramatically since I started now long ago. We made far less money, ($12,000 when I started), but we never worried about making partner and the law firms demanded less of us. If we worked hard, it was more a choice we made not a demand from our law firm.

Years ago I read an Am Law Daily article: To Dream the Impossible Dream: Making Partner Increasingly Out of Reach.

More recently, I read a Bonnie Marcus interview of Elizabeth Anne “Betiayn” Tursi, Global Chair and Co-founder of the Women in Law Empowerment Forum (WILEF) in Forbes: Forget The Glass Ceiling. Female Attorneys Now Face A Concrete Wall.  Before the interview, reference was made to a Law360 report which included this statistic.

At the top of private firms, four-fifths of equity partners are men, ‘showing a continuing dearth of women at the highest firm level’.

Tursi identified two reasons for this:

I think that the partnership pie is less likely to be cut up than it was years ago. They don’t make as many partners in law firms anymore. And most firms have two tiers. They have non-equity and equity.

I am pleased to say that many of the law firms where I coached didn’t have a concrete wall for female lawyers. Many of those firms are among the Working Mother 60 Best Law Firms for Women. I coached women in the Best Law Firms for Women who are equity partners, top rainmakers and firm leaders.

What would the percentage of women equity partners be if those best firms for women were not considered?

What about the large law firms not on the list? I wondered what percentage of the male equity partners are over 50 in those firms. Then, I wondered what will happen to those law firms when those male equity partners finally retire?

If you are a non-equity partner or senior associate you must not only have significant billable hours, but you also must develop your own book of business. That is tough for any young lawyer.

Tursi described why some women are leaving law firms.

I think it’s the work-life integration. I think it’s about wanting a better life, wanting more balance.

I can relate to wanting a better family life. My work required that I travel almost every week. (I have over 5 million miles on American and over 1 million miles on Delta.) Years after our daughter grew up, got married and started teaching special ed, I found a journal she had written when she was a girl. In one entry she lamented that her father was not home for her birthday.

When I coached lawyers, I discovered that both fathers and mothers wanted a better and more balanced life. I recently completed the first draft of my second novel about a husband/father and wife/mother who are both lawyers. I decided that the mother would be the one more driven to succeed than wanting more balance, and the father would give up his work at a law firm so he could spend more time with their son.

So, is there any possible way to become an equity partner in a law firm while maintaining a more balanced life? In the Am Law Daily article, writers suggested you must pass what they called the “Cleveland Airport Rule.” The rule itself is simple: would a partner at your firm be comfortable getting stuck at the Cleveland airport with you and not want to self-immolate?

If you have hours, clients and pass the Cleveland Airport Rule, Seth Godin would likely say you are a Linchpin: Are You Indispensable?

When I was a young associate, a partner in my first firm unknowingly gave me about the best piece of advice I have ever received. He said:

Cordell, you are a very smart lawyer. You finished third in your law school class. But, smart lawyers graduate from law school every year and they are easily replaced by other smart lawyers. Your success in this firm will depend more on how well you attract, retain and expand relationships with clients. Lawyers with those skills are indispensable.

Are you busy doing the work for senior lawyers in your firm and hoping they appreciate your work so much that it will be ok for you to never have clients of your own? I hope not. If you want to become indispensable:

  • What are you learning about client development?
  • What are you doing to attract new clients?
  • What are you doing to exceed your clients’ expectations and create value for them?
  • What are you doing to build relationships with your clients and with partners in your law firm?

 

When was the last time you ate lunch with a client or referral source? I am posting this blog to urge you to not eat lunch at your desk, not eat every lunch with your colleagues. Eat lunch with clients and referral sources.

Years ago a former New York City Police Detective named Bo Dietl wrote a book with a lengthy title: Business Lunchatations: How an Everyday Guy Became One of America’s Most Powerful CEOs…and How You Can Too!

Dietl’s ideas are designed for CEOs but they also apply to lawyers. Consider the following:

  1. Look the part-Dress well every day
  2. Never stop networking-Dietl says: “Not a networker? Get over it. It’s other people who can make our success.”
  3. Show loyalty-Through the good times and the not so good times.
  4. Be a friend-Help people with no expectation of anything in return. People are attracted to those who have their best interest at heart.
  5. Learn to listen-many people tune out as soon as they think they know the gist of what the speaker is saying.
  6. Project a winning image-Be a winner, believe in yourself.
  7. Stay in touch-there is no substitute for face time with valued clients. Dietl admits he has lost valued clients by letting too much time pass between visits.

 

You likely know I loved coaching lawyers, and when they tell me what they have achieved, it is even more fulfilling. Several lawyers I coached years ago are now top rainmakers or firm leaders in their law firms. Several groups of lawyers I coached still get together at their firm retreats.

Your law firm should consider client development coaching in 2019 for a variety of reasons.

  • Business Clients have changed.  Business clients are no longer local and no longer loyal. Many have moved work in-house and they have way more lawyers to choose from and way less time to choose.
  • Practicing law has changed. Lawyers have many more choices of client development activities and have way less time to do any of them. When there are lots of choices and less time to do what is chosen the natural thing to do is nothing.
  • Your lawyers have Less time. In 2019, in many firms, young lawyers are billing lots of hours and they want to spend more time with their families. How wisely they spend their personal time will determine the quality of their lives. How wisely they spend their non-billable time will determine the quality of their careers.
  • Many of your lawyers don’t know where to start. In many law firms, young lawyers were encouraged to work hard, do quality work, and not worry about client development. Those lawyers either never start client development efforts, or they start, get frustrated, and quit.

Coaching helps lawyers make the right choices, narrow their focus, and use their time wisely. Coaching also helps lawyers be accountable.

Why will client development coaching help create the next generation of rainmakers in your law firm?

First, your lawyers will own it. Lawyers do not want to be told what to do. They want to feel in control. In coaching your lawyers will get out of it what they choose to put into it. They get to choose.

Second, coaching focuses on your lawyers establishing and achieving their goals. Coaching provides both assistance and accountability.

Third, the coach will help your lawyers figure out what will work best for them. That means they will not waste time pursuing client development ideas that won’t work and your lawyers will less likely get frustrated in the process.

 

Many, maybe most of you either weren’t born or were too young to remember the 1984 Olympics held in Los Angeles.  There were many great American athlete performances, but the one that captured our nation was Mary Lou Retton, the young 16-year-old from Fairmont, West Virginia who became the first American woman to win the gold medal in Gymnastics All-Around competition.

Retton was locked in a close battle with Romanian Ecaterina Szabo. With two events to go, Retton trailed Szabo by .15 of a point. She then scored a 10 on the floor exercise but still trailed Szabo by .05 points. Mary Lou had to score a perfect 10 on the vault to win the gold medal.

I watched her run down the runway with a look of determination I had never seen close up on an athlete. She leaped in the air and came down perfectly to become the first American woman ever to win the gold medal in the Gymnastics All-Around competition. It was an unbelievable moment. After her first perfect vault, she did it a second time.

Her achievement and the 1980 US Hockey team featured in the movie “Miracle” are two of the most inspiring sports achievements I have ever watched. If you have never seen it, watch the video below, and think about the moment and the pressure the young 16-year-old faced.

Mary Lou Retton’s quest for the gold medal started many years before the event. She dreamed for many years about that moment in history in Los Angeles. On an old HBO show about her, there was a film of her tumbling at age 7.

She worked endlessly to achieve her goal. In fact, she worked so hard that just six weeks before the competition she tore the cartilage in her knee and had to have surgery. No one thought she would be able to rehab in time to compete. But, reportedly she told her doctors:

I’ve made it this far, no one’s going to keep me from trying.

Mary Lou rehabilitated her knee in a short period of time and prepared earnestly for the victory she had dreamed about many years before. After the Olympics, Time Magazine reported that the night before the finals, Mary Lou Retton lay in her bed visualizing and dreaming about the perfect performances she would have the next night to win the gold medal. Later, Mary Lou Retton said:

Each of us has a fire in our hearts for something. It’s our goal in life to find it and to keep it lit.

If you are interested, you can read more about her story: ‘Meeting challenges’ won Retton Olympic gold, she tells Judson crowd.

Many young lawyers I mentored, coached or met are incredibly bright and talented. They have the fire in their hearts for something. Yet, many have not taken the time to figure out what it is. Take the time. You will be enriched by the experience.

Over the Christmas week, I read an Altman Weil report: 2018 Law Firms in Transition An Altman Weil Flash Survey.

It is certainly worth reading. I found this quote interesting:

Most law firms continue to plan for short-term, incremental improvements in performance, while deferring or slow-walking more forward-looking actions to address long-term, systemic threats.

And this one even more interesting:

In 69% of law firms, partners resist most change efforts. – 2018 Law Firms in Transition

Finally, here was one of the bold headings in the report:


Pay close attention to the firm’s greatest asset – human capital

 

So, what is changing?

  • More firms are merging,
  • Law firm revenue in big firms are increasing, but, there still a problem
  • Law firm size is greater
  • There are thousands and thousands of more lawyers
  • Senior partners are coasting to retirement and law firms are not developing the next generation

Merger mania. I recently read an American Lawyer article titled: Mid-Market Moves, ‘Serial Acquirers’ Drive Law Firm Merger Mania. Here is a quote from the article:

Almost every law firm we work with is actively considering its merger options in 2018, and some large firms are becoming serial acquirers.

Increased revenues per firm. I also recently read: BigLaw Growth Back in a Big Way. It included this quote:

After years of solid, if unexciting, 2 to 3 percent revenue growth, the American Lawyer’s Global 100 experienced 6.4 percent growth, amassing $105.7 billion.

More lawyers. In 1951, there were approximately 200,000 lawyers in the United States, 1 for roughly every 700 people in the nation. Skip forward to 2018 and there are 1.34 million licensed lawyers representing 1 lawyer for less than 200 persons. At this rate we are not far from the day that there will be a one-to-one relationship between licensed lawyers and American citizens.

Size of law firms. In 1960, there were only 38 law firms in the entire country with more than 50 lawyers. By 1985 there were more than 500 firms of that size or bigger. Today, a 50-lawyer firm is considered a small firm. In most cities, a firm that size is a relatively recent start-up, a merger candidate or a highly specialized boutique. Today’s largest law firms include thousands of lawyers. The average number of lawyers in the Am Law 100 is 781.

Increased Profit per Partner. Not too long ago, partners who claimed a $250,000-per-year share of profits, considered themselves well-off. But in today’s high-end, highly competitive world of business law, this would be a dangerous level of performance for a firm of any substantial size. Consider the PPP of the nation’s 100 largest law firms: In 2006, for the first time, a majority of America’s 100 top-grossing firms had profits per equity partner of $1 million or more. In 2018, 74 of the top 100 firms exceeded $1 million.

Litigation. Because large law firms are so focused on increasing profits per partner, they no longer want the kind of work that provided opportunities for young lawyers to go to court. I can remember when I started, a group of associates met at the courthouse frequently as each of us had small insurance subrogation cases, or court-appointed criminal defense cases to litigate. Now, I know litigation associates who become partners in their firms without ever trying a case. Needless to say, that can be disheartening for a young lawyer who aspires to try cases.

Firms are not Managing Transition:

In the Altman Weil report, this startling statistic appeared:

Almost 40% of firms surveyed attribute chronic lawyer under-performance to partners who are ‘coasting into retirement.’ The absence of rigorous management of lawyer and client transitions is a huge, ongoing problem in the legal profession as Baby Boomers extend their careers ever longer.

Law firms are becoming bigger and richer, and young lawyers are earning more than ever before, which seems more cause for cheer than concern. So why is our money-hungry profession in crisis, why are law firm clients dissatisfied with the quality of the legal services and why are so many young lawyers disillusioned with the legal profession?

Law firms are growing – and closing – at record rates, and our entire profession is being turned upside down. Many law firm leaders fail to recognize the need to change the main focus from profits and billable hours to clients and the development of the firm’s young lawyers.

I am reminded of our 2004 Olympic basketball team – talented losers. Compare that team to the first U.S. “Dream Team” that included Michael Jordan and Larry Bird. Those players never let their exceptional skills substitute for adherence to the game’s fundamentals.

Jordan, who often seemed like a one-man, high-flying, point-making machine, never forgot his philosophy,

“Talent wins games, but teamwork and intelligence wins championships.”

And Bird was a player so dedicated to fundamentals that he always showed up for a game hours before anyone else – so he could dribble the ball and detect any flaws on the court.Both men – and their teammates – recognized the power of focusing on the basket, not the scoreboard.

The 2004 U.S. Olympic basketball team included just as much talent but took a third-place bronze medal because they were less focused than the Argentine and Italian teams on the basics of basketball.

Partners in the 69% of law firms who are unwilling to change are focused on the scoreboard – The AM Law profits per partner – will ultimately lose to firms who understand the value of the fundamentals – training, motivating and retaining their best talent and providing exceptional service to their clients.