Small Law Firms

Beyond Biglaw: The Importance of A Happy Employee “Face”

It's easy for service companies -- including law firms -- to ask “too much” of their employees, with negative effects on the customer experience as a result.

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Travel is always an interesting experience, especially when you keep an eye out for what other service industries are doing to try and enhance the customer experience. I must confess that as a Biglaw partner, my primary motivation during travel was simply to get where I was going with a minimum of fuss and distraction. If it was a work trip, I was most concerned with getting to whatever was the reason for the trip (e.g. deposition, client meeting) on time. Likewise, my main concern on the way home from a work trip was getting back as quickly as possible. Similarly, vacations were highly choreographed affairs, as there were limited windows to take them usually, and as with work travel, my main focus was getting there and home with minimal delays. Plus enjoying my trip of course, and the rare uninterrupted time with family.

Now that I am helping to run a boutique firm, however, I also find myself looking at everyday experiences with a different set of eyes, and often catch myself observing behaviors and situations from a much more business-focused perspective than I previously would have. I recently found myself in the position of “customer” during a recent trip with my kids, and noticed on two separate occasions how easy it is for service companies to ask “too much” of their employees, with negative effects on the customer experience as a result.

As I repeat often, law is at bottom a service profession, and the surest guarantee of a successful legal career is keeping your “customers” — understanding that the profile of your customer will change as your career develops — satisfied with your services. Considering that the travel industry as a whole has a strong focus on customer service, it can be helpful to see what companies that need to service a broad base of customers are doing to keep their customers happy. Because there may be lessons that could apply to how we provide services to our own clients, considering how competitive law (and travel for that matter) has become.

Put another way, law firm clients, like travelers, have plenty of options capable of meeting their needs, at various price points. Just like not every trip requires a stay at the Peninsula, not every legal matter requires high-end legal help. At the same time, both law firms and travel companies try to keep their customers close by providing exceptional service and value, in order to avoid having their clients shop elsewhere. For companies that cater to tourists, and just as importantly for law firms, it is of the utmost importance that the employees who actually interact with customers (clients) maintain a happy “face” — ideally performing their jobs with enthusiasm, and a pleasant disposition. The stress and challenges of working in a service profession make that a difficult standard for employees to reach, however, even if the employees are generally motivated and well-trained.

At the same time, employers in service professions often make matters worse, by falling prey to the nefarious tendency of “piling on” sometimes contradictory tasks on employees who would be much happier and able to present a “good face” otherwise. Two examples from my trip make the point, and highlight what mindful employers should avoid asking of their employees whenever possible.

First, when we went to check in our bags, there was a mix-up with the frequent flier number on my reservation. As a result, the computer was telling the gate agent that I had to pay for my checked baggage. I said that must be a mistake, and told the agent so. She challenged me, with a perceptible shift in both tone and attitude from her previously friendly demeanor. So I pulled out my airline-branded credit card, which entitles me to free bags, and showed the agent. She immediately apologized, and was able to confirm the free bags. What intrigued me was how the simple shift in our interaction, from one where her job was to assist (print boarding passes, etc.) to one where she was put in a position to collect money (for bag fees), led to such a negative shift in her spirit.

Similarly, towards the end of one of our flights, one of the flight attendants, who had previously impressed me during the meal service with his enthusiasm, was tasked with walking the aisle while hawking passengers to sign up for the airline’s credit card. The change in his demeanor was noticeable, and confirmed for me that when you ask employees to “shift gears” too dramatically in a single set of interactions, customer service can suffer. Just as the gate agent was visibly at edge when placed in the role of payment collector, so was the flight attendant’s enthusiasm muted when he was put in the role of pushing credit card applications.

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I know that life is not perfect, and maybe businesses, even huge airlines, can’t afford to only have employees do tasks that they love. At the same time, it behooves both employers and employees to be thoughtful about what is expected from employees in a customer-facing role, particularly when a situation can arise where the employee who was previously in a position of helping the customer needs to switch into a different role — especially if that role is adversarial to the customer in some respect. Recognition from an employer that they are asking their employees to behave in a certain way can lead to better training as to how to manage the transition, for example. You would also hope that employers who frequently call on their employees to “do it all” while keeping a good face will be more appreciative of their employees generally, and look to minimize placing them in such situations whenever possible.

Lawyers, in particular, are often called to juggle multiple roles within a single interaction. It is important, at a minimum, to be aware of shifting dynamics within a client interaction, and know how best to manage those interactions so as to always leave a good impression with the client. That does not mean that every conversation will necessarily even be a pleasant one, as serious issues sometimes call for difficult discussions. At the same time, it is critical to always put on as good a “face” as possible with clients. The smart clients realize that lawyers who care about them and their problems are the ones who are truly wearing their good faces, and know what customer service is all about. When a lawyer is also an employer, however, they also need to keep in mind whether or not they are helping their employees also keep a good face. Because clients will notice.

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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