Advice

Keith Lee

An easy and lazy habit that you can have as a lawyer is only seeing things from the perspective of a lawyer. Lawyers are trained to deconstruct problems and look for weakness, to approach situations with a critical perspective. But that does not mean that it is the only perspective that you need to have. One of the most voiced complaints from clients is that their lawyer doesn’t understand their view or their perspective on a case or matter.

This is likely due to a breakdown of communication between the lawyer and the client, and more than likely it is the lawyer’s fault. As a lawyer, it is very easy to fall into entrenched patterns and lines of thought — so easy that it is often difficult to step back from your role as a lawyer, and look at a case or a problem as a layperson or client. Harvard professor Theodore Levitt most aptly summed up this problem with his famous observation: “People don’t want to buy a quarter-inch drill. They want a quarter-inch hole!”

A lawyer is often apt to think of the law as the drill — how to use it, apply it, and make it work in any particular situation. But a client does not really care about the law, they care about the solution to their problem — the quarter-inch hole…

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Turnabout.

I recently wrote about how to demoralize, discourage, and disenchant top talent. This is about how to retain that talent. Like the prior column, this one is based on one of the top columns of the year from Strategy + Business, the Booz & Co. publication: Retaining Top Talent: Yes, It Really Is All About Them.

Prefatory clarification: What follows isn’t addressed to your inner circle of key leaders, or to the Super Rainmakers, all of whom you presumably know intimately, and with whom you talk about what follows all the time, in ways tailored to each individual. Rather, what follows is addressed to how you deal with all the talent that’s not at the tippy-top of your firm already.

Here’s how the Strategy + Business piece starts:

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A few months back at my home blog, MyShingle, I wrote about a small Michigan law firm that sued a legal marketing company for fraud and RICO violations, alleging that the company created a “bogus Internet marketing program, supposedly designed for small law firms and sole practitioners” and duped firms into participating in the program through a series of misrepresentations about the company’s ability to boost law firms’ Google rankings. The lawsuit is still pending in federal district court in Arizona (Docket No. 2:13-cv-01502).

Though few expressed sympathy for the firm, suggesting that it was greedy or foolish to fall for the marketing company’s “infomercial-like” sales pitch, in my view the lawsuit raised a valid question: Should law firm marketers, practice management advisers, and other vendors pitching services to improve law firm performance remain accountable, at least to some degree, for the results?

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Key to writing a self-help piece? Pictures of bland smiling people.

Self-help books are amazing. So simple, so pedantic, so lucrative. If I could muster enough “human compassion,” I’d get in on that action. But, as is I’ll have to stick with mocking dumb lawyers online. It’s a living.

A self-help book for lawyers is out and boasts some advantages for lawyers choosing to live a “wellness” lifestyle.

If you’re wondering what “wellness” means, it’s kind of a catch-all pop psych term for “not being a f**kup.” Glad I could help out….

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What’s the key to good writing?

It turns out that it’s also the key to giving great speeches.

And to making great pitches for new business.

And to impressing clients, and your boss, and anyone else who matters to you.

Now that I think about it, it’s not a bad guide to planning your business development activities, ginning up theses for your articles, and plotting your blog posts. It would be a great way to design your firm’s website, too.

Eureka! The key to all professional success on earth!

And, of course, it’s just common sense . . . .

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Keith Lee

I was sitting in my office yesterday afternoon when my phone dinged. It was one of my law partners. He had sent me a picture of our other partner standing in front of an auditorium with about seventy-five people in it. They had gone to one of the local law schools here to speak about dealing with clients. Like many other law schools, this law school is focusing on providing their students some manner of real-world experiential education in the elusive hopes of making students “practice-ready.” An impossible task, but at least students are exposed to practicing lawyers, even if just for a day. I mean, it’s better than a seminar on Harry Potter and the Law.

After speaking for a bit, they took questions from the students. Eventually, someone asked what to do about a difficult client. The response?

“Double the retainer.”

After the crowd chuckled, he added: “In all seriousness, double the retainer.”

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That law firms are all about talent is a commonplace. Too bad that so many lawyers seem to have an uncanny knack for knocking the wind out of the sails of the most spirited contributors.

I dare you to tell me that you don’t recognize at least a few colleagues who exhibit some of the behavior described in The Three Habits of Highly Effective Demotivators, just picked as one of the top posts of 2013 on Booz & Company’s “Strategy & Business” publication. If these colleagues are at your firm now, you know what to do; if they used to be at your firm and you took the necessary measures, congratulations. (Just be on alert that you may have to do it again.)

The author uses the example of a real, but disguised, high-tech startup in the academic sector, whose CEO—otherwise brilliant—was referred to internally, sotto voce, as “the DM,” standing for “the DeMotivator”:

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Laurence Tribe

* Great music can inform great persuasive speaking. That’s why Larry Tribe always cranks up YYZ on a loop when prepping for an appearance. [Katz Justice]

* If you’re a law student planning for your summer job, this is an absolutely can’t-miss guide. “Be Fashionably Late To Everything To Demonstrate Your Value.” If only this had been around when I was a tyke. [BigLaw Rebel]

* If you’re a 1L thinking about what to do this summer, consider applying for a 1L Diversity Fellowship at MoFo. Maybe don’t follow the last item’s advice if you go for this. [MoFo (disclosure: ATL advertiser)]

* The attorney for convicted Steubenville rapist Ma’lik Richmond probably should have just kept his mouth shut. [Jezebel]

* Who needs domestic surveillance when the next generation helpfully posts all their crimes online. [IT-Lex]

* With courts in Utah striking blows for gay marriage and tolerance of religious polygamy, Professor Edward Zelinsky asks if it may not be time to junk the whole civil marriage thing altogether. [Oxford University Press Blog]

* Congrats to Forbes’s 30 under 30 for law and policy. As Orin Kerr noted on Lat’s Facebook page, “I am looking forward to the Forbes ‘Top 10 Lawyers Under 10.’” [Forbes]

* This isn’t a law school, but this is probably what those deans did over the break. Video after the jump…. [TaxProf Blog]

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Keith Lee

A new year means new beginnings, new goals, new ideas. There is a desire to hit the reset button on well-tread patterns of behavior. This can often lead to uprooting worn methods of doing things and casting aside old habits. This can be just as true in a firm as it is in your personal life. Especially if you are new to a firm.

But of course, the problem is that law firms, big and small, are bastions of doing things “the way they’ve always been done.” Change is often not welcome. For example, look at the continuous stream of complaints about legal writing (Hereunto, wherefore, premises considered, three (3) forms…). If you’re a square peg, you’re going to be hammered into a round peg whether you like it or not. The same can be true for the manner in which matters are handled within your firm. Perhaps there is a set process for handling a routine matter, something that was put in place ten years ago and does not take advantage of modern workflow procedures. Coming in with a fresh set of eyes and understanding of computers and technology, perhaps you see a way in which to improve and build on it.

Or the firm uses a standard template for certain motions, or they give you a boilerplate contract for a certain type of real estate deal that they’ve done before. You look over the contract and find some arcane phrasing and a seemingly unnecessary clause. You see the incongruities and think you can fix them.

The problem is that you are likely falling victim to the fallacy of Chesterton’s fence….

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Ed. note: This is the latest installment of the ATL Interrogatories. This recurring feature will give notable law firm partners an opportunity to share insights and experiences about the legal profession and careers in law, as well as about their firms and themselves.

Carol B. Ervin leads the Employment Law Practice Group at Young Clement Rivers, LLP. A highly experienced trial attorney, Fellow of the American College of Trial Lawyers and an Associate Member of the American Board of Trial Advocates, she focuses her practice on the representation of businesses in employment law and litigation. Carol was recently elected the Chair of ALFA International, the Global Legal Network, and previously served as Chair of ALFA International’s Labor and Employment Practice Group.

1. What is the greatest challenge to the legal industry over the next 5 years?

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