Client service. The heartbeat of Biglaw. The area where every firm has to improve. Perpetually. Biglaw hamsters in overdrive. All to make the clients happy. Sit back and admire your Biglaw firm’s willingness to go the “extra mile” by listening to its clients. We might even see a client paraded before our partners once a year. (See my column on improving partner meetings by having guest appearances from clients.)
We are taught happy clients are well-paying clients. And clients that will refer their dissatisfied colleagues at other companies to experience our brand of Biglaw magic. We love clients. Almost as much as the consultants do on House of Lies, a show that provides outrageous, if funny, explorations of the client-service provider dynamic in modern-day America. (A fun business development-training program would involve watching a series of client-interactions from the show and learning from them. Better than listening to Rainmaker X pretend the reason for his multimillion-dollar book was not his maternal grandfather’s business dealings and connections.)
Truly thinking about client service can be all-consuming, especially for a younger partner like myself. No one is giving me clients. I have to fight for them in the marketplace. I love it, but it is difficult and you need patience.
But rather than focus on the process of developing clients, let’s discuss the art of “superpleasing” clients….
There’s lots of misery in our profession. Much of it occurs because lawyers didn’t realize that the practice is not like some television show glamorizing our daily lives. We are also a miserable bunch because many of us do the same thing every day, we hate what we do every day, and we deem it useless. Even if you’re one of those rare lawyers who loves what they do, you stand the risk of being around the miserable ones.
I love what I do. I don’t love it every day, and like everyone else on the planet, occasionally think about doing something else. There are days when, like everyone else, I have to deliver bad news to a client, or wonder if every conversation I am having is a conspiracy to cause me to jump out a window.
So because I love what I do and love you all so very much, I thought I’d give you some thoughts about how to actually enjoy lawyering….
Let me regale you with two recent examples of lawyers disclosing client confidences. There’s a lesson tucked into each.
First: An acquaintance sent me the résumé of, and asked me to speak to, a young lawyer. The idea was to give some general career advice, rather than necessarily to hire the person.
I’m a pushover, so I agreed to have a cup of coffee with the relatively new lawyer. Over coffee, he (or she, but I’ll use the masculine) explained that what he liked least about the job he’d just left (which was identified on his résumé) was being asked to do unethical things. My curiosity piqued, I asked for an example. He explained that he’d been asked to draft a contract that committed his employer to violating the law as part of the contractual relationship. (Think along the lines of, “We will ship the illegal weapons to you in New York.”) My young acquaintance said that he’d gone to the general counsel, who had instructed him to draft whatever contract the business wanted. The earnest young lawyer had solved the ethical problem by drafting a contract that, when read carefully, would prohibit the illegal conduct. (Think: “Under no circumstance will any weapons of any type be shipped pursuant to this contract.”)
I’m afraid I won’t be recommending this person for any jobs. . . .
Last week, I came across this great blog post: The Merits of Not Throwing Someone under the Bus. It touches on a few issues that come up all the time during the practice of law (and probably at any job that involves contact with other human beings, which I’m pretty sure describes a few of the legal ones out there, but correct me if I’m wrong).
In sum, Joey P. found herself in a situation in which she opted to be a team player by correcting some minor edits in a motion that another attorney in her office had prepared and then sending the document out to the client. Doesn’t sound like it would amount to anything, does it? Well, there was a big, dumb mistake in the motion, and the client emailed Joey to point out the blunder (while cc:ing a couple of partners because clients tend to be super nice and thoughtful like that).
Joey explained to her partner what had happened and wanting to be a team player, she took responsibility for not noticing the mistake made by the other attorney and decided not to rat that person out.
The way she handled the situation was pretty admirable (especially for a lawyer). There are, however, a couple of other steps that I would have taken if I had been in her situation that I think would have helped to further team dynamics and also to prevent a poor, innocent associate from being blamed for someone else’s screw-up….
The 2012 Biglaw numbers are starting to trickle in. The American Lawyer (and the rest of the legal press) follows a near-uniform format in reporting them. Revenues — up or down x percent. Profits per partner — slightly to moderately up (if your executive committee was unable to generate higher profits, via financial sophistry or good-old de-equitizations or stealth layoffs, I am very sorry). Revenue-per-lawyer, slightly up. Feel-good comment by managing partner. Slightly passive-aggressive commentary by a “legal consultant.” Repeat, on a daily basis for about a month, until the Am Law 100 (and “interesting” Am Law 200 firms as well) is covered.
As a partner, you obviously hope your firm is reporting good news, even though the likelihood of that news reflecting on your personal situation is pretty low for most Biglaw partners. No one wants to be associated (or own the obligations of) a loser, and when everyone is proclaiming “modest” or “respectable” growth, the peer pressure can be tremendous. Especially where the Biglaw death spiral is a recognized phenomenon, and firms who report poor performance in a generally positive climate are quickly judged negatively, like a figure skater stuck doing double lutzes when everyone else is knocking out triples. Outliers, for good, but mostly for bad, stick out, and their ignominy is frequently paraded on these pages. With bonus Lat commentary for additional effect.
I for one, enjoy reading this kind of reportage…..
I live in Lake WoeIsMe: All of the children are a little below average.
Or maybe I just have a bad attitude.
I’ll be frank: If I just met you, I assume that you’re inept. Not because you necessarily are inept, but because I’ve been blindsided too often in the past by the mistakes of people who I foolishly believed to be competent. That ain’t gonna happen again.
I understand that not everyone views the world through my gray-tinted glasses. I’ve met folks who are shocked by my attitude: “Mark, that outside lawyer from Honduras just told you that you’d win the case. Why are you acting as though we’re going to lose?”
“Because the lawyer is probably incompetent.”
“Why do you think that? He comes highly recommended by Smith.”
“Why do we think that Smith is competent? Or that Smith knows enough about the Honduran guy to have a right to judge him? My working presumption is that people are incompetent until they prove otherwise.”
“I’m shocked by your attitude, Mark. I’m exactly the opposite. When I meet new people, I always assume that they’re good at what they do.” . . .
Over the last three weeks, we have heard from an In-House Insider, an opinionated source of insight into Biglaw-client relations — see here, here, here, and below. As with the three prior installments, the only changes I made to the Insider’s words were those done to protect their identity, and Insider was given the opportunity to revise their points once I added the questions and commentary. Again, I thank Insider for the candid observations and thoughtful opinions on these core issues….
AP: Any serious observer of Biglaw can see that firms continue to struggle adapting associate development to the new state of Biglaw-client relations. What can Biglaw learn from corporate clients like yourself on that front?
Over the last two weeks, we have heard from an In-House Insider, an opinionated source of insight into Biglaw-client relations — see here, here, and below. As with the two prior installments, the only changes I made to the Insider’s words were those done to protect their identity, and Insider was given the opportunity to revise their points once I added the questions and commentary. Again, I thank Insider for the candid observations and thoughtful opinions on these core issues.
AP: How firms are viewed from a value perspective is often very difficult to gauge from the outside. What criteria do you use to determine if a firm is delivering services to your company appropriately from a billing perspective?
I wrote last week about ideas to build a book of business. My main point was to start small and branch out from there. I mentioned how, as a young and naïve (ok, ignorant) associate, I was quickly disabused of the idea that I would soon be able to waltz into Pfizer and pick up some strands of litigation.
Then I received the following email in my Gmail account. It is a well-written counterpoint to my argument. A partner in New York City argues that starting small is a recipe for staying small.
Some attorneys think they are unable to transition from Biglaw to opening a solo or small firm boutique because they lack the ability to generate business. They might think, “If I can’t generate business at my current firm, with all of its vast resources, goodwill, and prestige behind me, then how could I ever hope to generate business on my own?”
This kind of negative thinking is pernicious, and based on a number of fallacies….
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Ed. note: The Asia Chronicles column is authored by Kinney Recruiting. Kinney has made more placements of U.S. associates, counsels and partners in Asia than any other recruiting firm in each of the past six years. You can reach them by email: email@example.com.
Deal flow has clearly picked recently up for most US associates, counsels and partners in Hong Kong/China and Singapore. We are on the phone with a lot of these folks on a daily basis, many of whom we have known for years. Further, the head of our Asia team, Evan Jowers, and Kinney’s founder and president, Robert Kinney, frequently meet in person with leading US partners in Asia to assess their needs and keep on top of the inside scoop at as many firms as possible. The need for legal recruiting help in Asia from experienced recruiters appears to be live and well. In March, Evan and Robert were in Beijing at such meetings, in April, Evan was in Hong Kong, and for half of June Evan will be in Shanghai and Hong Kong. Thus its pretty easy for us to tell when there has been an across-the-market pick up in capital markets and corporate work.
On an average day in Asia when Evan and Robert visit firms, they typically have 5 to 9 meetings a day, mostly with US partners in the market. The reason they have these meetings is not simply because Kinney makes a lot of US attorney placements in Asia and that a particular firm may have openings; instead these are just visits with friends. After years of working together as business partners, the folks at Kinney are actually these peoples’ friends. The firms Kinney work closely with in Asia (which is just about every law firm – call us if you want to know the one firm in the world we will never place anyone with again, ever, and why) look forward to the visits, or at least act like they do. After seven years in the market, many of the client partners are former associate candidates. Also, these US partners see Kinney as a very good source of market information as well, because they know how deep their contacts are in the market and how frequently they are speaking to counterparts at peer firms.
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