Beyond Biglaw: The Smelly Beach

An unfortunate vacation incident offers lessons for lawyers about client service.

Most lawyers underestimate just how competitive our industry truly is. There is plenty of room to debate why that is, and plenty of room to blame the presence of too many law schools, or too many lawyers taking too long to retire, as contributing to the current state of too much competition chasing too little work. No matter what your pet theory, it is important to ask yourself which camp you fall in. Do you go around pretending that your practice is immune to competitive forces? Or do you acknowledge that no matter where you are in your legal career, there are other similarly credentialed lawyers who would be happy to take your job or clients?

The latter category is a safer one to be in. Competition helps bring out our best and encourages us to improve, rather than assume that we deserve in perpetuity those things that we currently enjoy. Because law is at bottom a service profession, recognizing that you face dedicated competition on a daily basis will only help inspire an increased focus on meeting your client’s expectations. Do so, and you will perhaps earn repeat business, and keep your career afloat until you are able to beat the odds and bring in a new client. Rinse and repeat, and before you know it, you might just be able to carve yourself out a real career.

So what does competition have to do with smelly beaches? I’ll explain.

On our most recent family vacation, we were fortunate to have the occasion to escape the miserable cold, and spend some time in the Dominican Republic. One day, we took a long ride from our lodgings to a beach that was supposed to be among the most beautiful in the Caribbean, much less the island we were on. Expectations were high, as the pictures we saw of the beach in the guidebooks held out the promise of an afternoon in Eden-like surroundings. It was not an easy trip, up and down the mountainous “highway” (which at any point could include other cars, people on foot, and the occasional person on horseback). The drive culminated in a back-breaking last mile or so over a rut-filled “road” that had our made-in-China rental car’s thin tires begging for mercy.

But it all seemed worth it as the road changed to sand, and we approached the beach itself. Massive palm trees hugged both sides of the sandy path, and as we approached the open area where we could park the car, we encountered a view that made the long drive seem well worth it. The crescent-shaped beach seemed endless, flanked by lush palm trees all around, with a dramatic set of cliffs serving as a backdrop. Calm turquoise water stretched out before our eyes, and almost as an added bonus, there was a freshwater lake set off to the side, with a white sandy strip of beach of its own. Nature at its unspoiled finest. We got out of the car excitedly, anxious to unwind after a challenging and long drive.

And then the smell hit. Rank. Sulfurous. A putrid smell that would tantalizingly disappear if you stood in the right spot, only to reappear with the slightest shift in the breeze. The culprit? Rotting seaweed. Foul-smelling sea grass. It was enough to ruin the entire experience. Our displeasure turned to anger. Why waste nature’s gift of such a beautiful beach, especially for such an easily correctable issue? Just hire some maintenance folks to clear off the seaweed regularly. The Caribbean is full of beautiful beaches. One that smells is not competitive, and thus a wasted resource for a country that depends on tourism for its economic well-being.

The entire episode reminded me of how important it is to be mindful of all the little details that make up the “customer experience” for our clients. Because even good legal results may not be enough in today’s competitive environment. Firms of all sizes need to search out the weak links in their handling of clients, and correct them as quickly and ruthlessly as possible. If your firm does not do a good job of responding to calls promptly, then that needs to be corrected. Or if your firm does not send out bills in a timely manner, complicating things for your client’s (much less your own) accounting department, then every effort must be made to overcome that self-created barrier to excellent customer service — on all fronts.

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It would be a shame to waste all the effort expended in securing a client, providing the legal representation, and generally nurturing the relationship — because of an addressable issue arising out of a client service breakdown. In today’s legal industry, you can be sure that there are a host of other firms prepared to take advantage of the slightest vulnerability your firm shows when it comes to maintaining client relationships. As I mentioned a few weeks ago, a willingness to invest in the technology and training your attorneys need can go a long way to enhancing the experience of clients dealing with your firm. At the same time, whenever a problem does arise, everything that can be done to address it, and repair any resultant damage to the client relationship, must immediately become a top priority for the firm. Hopefully the solution is as simple as carting off the seaweed.

Please feel free to send comments or questions to me at gkroub@kskiplaw.com or via Twitter: @gkroub. Any topic suggestions or thoughts are most welcome.


Gaston Kroub lives in Brooklyn and is a founding partner of Kroub, Silbersher & Kolmykov PLLC, an intellectual property litigation boutique. The firm’s practice focuses on intellectual property litigation and related counseling, with a strong focus on patent matters. You can reach him at gkroub@kskiplaw.com or follow him on Twitter: @gkroub.

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