Small Law Firms, Technology

4 Rules Entrepreneurs Should Understand Before Pitching Their Products To Attorneys

The challenge is that almost all lawyers in private practice are fiercely resistant to change.

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I came across a farewell post from an apparently frustrated lawyer who spent the last 10 years trying to help other lawyers improve their practice through the use of modern technology. She decided to take some time off to “try something completely different.” This was her rationale:

I was originally motivated in my work by the idea that I could make an impact on the legal profession, educate lawyers to use technology to improve the delivery of legal services, and that I could help increase access to justice. At the core, I wanted to help people who couldn’t afford a traditional lawyer to get the help they needed. After fighting up-hill battles, winning a small handful of victories, and still seeing the pace of adoption and attitude change go at a snail’s pace, I’ve decided to stop trying, at least for awhile. I’m not helpful to anyone (lawyers or the people in our country who deserve legal assistance) when I’m in a state of cynicism and burnout.

She had a genuine, idealistic goal of helping lawyers improve their practice while seeking to improve access to justice. Sounds like a win-win situation to me. So why the uphill battles and the slow pace of change?

The problem for her and others trying to promote their new “innovative” product is that almost all lawyers in private practice are fiercely resistant to change because it threatens their income, autonomy, or both. Because of ethics rules and countless case studies of failed alternative business models over the decades, there are not too many viable alternatives to hourly billing, flat fees, or contingency.

Elder attorneys have probably heard all kinds of product pitches over the years only to see most of them flame out for one reason or another. They are also set in their ways. So for most of them, change has to be introduced slowly and incrementally.

Newer attorneys may be open to new ideas, but most don’t have a lot of startup capital. They are also distrustful because most of them left law school without the jobs they thought they would get even though the school’s post-graduate employment statistics hinted otherwise. So expect them to ask tough questions, read between the lines of your marketing materials, and call you out on any discrepancies. You will have to stand your ground and prove that your product will work. But if your answers are nothing but vague, condescending platitudes about attitude, hard work, and personal responsibility, chances are you won’t be getting a follow-up meeting.

Another talking point legal entrepreneurs use is that their products will improve access to justice or A2J. I think everyone agrees that people of modest means should have access to competent legal services. But some of these entrepreneurs couldn’t care less about A2J. They are more interested in promoting A2L or Alternatives 2 Lawyers. They will have no qualms about lobbying to repeal ethics rules that stand in their way.

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So if you legal entrepreneurs want to introduce your product that you think will improve the quality and efficiency of legal services, you can do it with or without lawyers’ support.

The latter can be done. Look at LegalZoom. All you need is an idea that will serve a large client base. You will also need a lot of money. Money for TV, print, and internet advertising. You also need more money to defend lawsuits from bar associations and disgruntled attorneys. And you’ll need a lot more money to file antitrust lawsuits and lobbying in case these lawyers win. So if you can get that kind of funding from Uncle Pierce, an angel investor, Kickstarter, or Shark Tank, then go for it.

If you want to get lawyers’ support for your product, it will be hard for the reasons I mentioned above. But I think you might have an easier time making your case if you remember a few rules about lawyers:

1. Lawyers want to make a living. At our core, we lawyers want to help people and make enough money to provide for ourselves and our families. We are grateful for any product or app that makes our lives easier and better serve our clients. Understand one fundamental rule that applies to most service business. If you want to be successful, you have to help other people become successful first.

Improving access to justice is a good cause and some of us don’t mind volunteering once in a while to help. But as they say in the airplanes before takeoff, we have to put on our mask first before we can help others.

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2. Most lawyers want to be wealthy and are willing to take calculated risks to get there. For a large subset of lawyers, it is not enough to make a living. We want to make considerable money. We did not forgo three years of opportunity costs and take on large, nondischargeable student loans to make the same amount of money as the average American. If this is greedy, then so be it.

So long as you are up front about the risks involved, some of us are willing to take it if it means a chance at earning more money. Just don’t hide the truth in the middle of a 20-page disclaimer or play fast and loose with statistics.

3. If you’re going to make vague promises about your product, I expect a very long free trial. On occasion, I get a pitch from someone who promises to increase my search engine visibility by exploiting a flaw in Google’s search algorithm. Just for spits and giggles, I pretend to know what he is talking about and ask for details. He either doesn’t, claiming “trade secret protection,” or provides a very confusing, technical explanation. In any case, I tell him that I would like to try it for six months before I make a decision to pay for continued service.

The point is, if your product is confusing or if its success relies on chance and luck, I won’t pay anything up front. I would like to test it out for a substantial amount of time before I decide to pay for it.

4. Don’t expect your successful clients to refer their competitors colleagues to you. Finally, you should be aware that law is a competitive business. So if you are able to improve my bottom line, I hope you can understand if I am not in a hurry to tell my buddies about you and your product at the next bar association meeting. To them, I’ll attribute my success to hard work, perseverance, sacrifice, and networking. At best, I’ll recommend you to a few close friends who are not directly competing with me.

To the legal entrepreneurs, if you can figure out how to address the above rules, you may have an easier time getting lawyers to try out your newest game-changer. But if this sounds like too much work for you, then I suggest taking a year off and thinking about doing something completely different.

Shannon Achimalbe was a former solo practitioner for five years before deciding to sell out and get back on the corporate ladder. Shannon can be reached by email at sachimalbe@excite.com and via Twitter: @ShanonAchimalbe.

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