Client Representation

The Practice: When It Costs You To Be Honest

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He came to the office wanting only one thing: to clear his name by fighting the accusations. They were accusations that were currently civil (and very public) in nature, but could become criminal and administrative. He got my name, and he brought his file and his checkbook. He had his assignment for me, and just wanted a pen.

There was nothing I needed to do. No selling of my qualifications, no answering questions about what I think about other lawyers, no internet marketer to thank. He checked me out, was told the possible amount of fees, and made his decision before walking in the door.

I read his documents, asked a few questions, noted a few things I saw, and then told him he was going to get killed. I explained not only the legal aspects of his case, but the consequences of fighting and losing. I also explained his other options based on things he wanted to do, and why I thought there was another way to go that would put him in a better position to avoid other issues that would surely arise.

He immediately got up and walked out wanted to continue talking.

You may be thinking this is pretty obvious. This is what lawyers do, they give advice to potential clients on the risks and possibilities and let the client make the decision.

But we know that’s not true….

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Buying In: Conflicting Opportunities

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Conflict checks. A necessary evil in today’s incestous Biglaw, where every partner is a potential lateral, and client loyalty is fickle. Biglaw’s insurance companies demand them, so every firm goes through the motions — at sizable expense, given the size of your typical firm’s “Intake” or “Risk Management” department. Conflicts themselves are an old story, of course. Everyone would be a rainmaker, but for them. Blaming a lack of performance on conflicts is a time-honored Biglaw tradition. But who cares about excuses.

Let’s talk opportunities. There is plenty of information an enterprising Biglaw partner (or partner-aspirant) can glean from the firm’s hourly-daily-weekly conflicts report. Free information, as in not requiring the expenditure of political capital to obtain. (Practice tip: every Biglaw interaction is political in nature. At least you should treat them that way.)

Back to conflict reports. For many, they are simply another email to be skimmed and dragged into “Deleted Items” with all dispatch. A good percentage of Biglaw attorneys probably ignore them outright. That is a mistake. Why ignore a potentially valuable resource and real-time look into the health of your firm? Especially when your other option is to wait for the firm’s executive committee to update you on the firm’s performance — usually using financial metrics that present their own “management” abilities in the best possible light. Associates and other non-partners are not even usually dignified with any such information — but everyone gets a peek at the conflict check.

So what can we learn from conflict reports?

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Overbilling Gone Wild: Paying the (DLA) Piper

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Opening a legal bill from DLA Piper?

Here at Above the Law, we ❤ DLA Piper. The firm makes for great copy; there’s always something funny, ridiculous, or salacious going down over there.

In fairness to DLA Piper, the craziness might not be that high on a per capita basis. DLA Piper is one of the largest law firms in the world. In the most recent Global 100 rankings, DLA took second place in both total revenue and attorney headcount.

Many of the DLA Piper stories are on the lighter side. But this latest one — involving serious allegations of overbilling, apparently supported by internal DLA emails saying things like “churn that bill, baby!” — is no laughing matter….

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The Practice: Fun and Happiness in the Practice of Law

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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….

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House Rules: Standing Corrected?

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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.

I reprint his email (largely unedited) below….

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Inside Straight: Do Big Corporate Clients Use Solo Practitioners?

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A correspondent recently posed this question: I’m a litigation partner at a big firm. If I go solo, will my corporate clients continue to use me for their smaller matters?

I’ll use this column to do two things. First, I’ll offer the customary answer to all legal questions: It depends.

Second, I’ll ask my in-house readers at large corporations to let me know (either by posting in the comments or sending an e-mail to the link in the shirttail below) whether their corporations use sole practitioners.

Will big corporate clients follow an individual lawyer who jumps ship and goes solo?

It depends . . .

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The Practice: Your Competition, Isn’t — Part One

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A plumber once told me, “There’s price, quality, and service — I can only give two. Pick which ones you want.”

In the service business there are those that focus on beating the competition the easy way — price. Quality and service are often assumed by unknowing clients who believe that a $500 lawyer is going to offer the quality and service of the $5,000 lawyer (sometimes that’s true). You find out your “competition” quoted a flat fee of $10,000 for the representation, so you’ll do it for $7,500.00. You’ve determined the client is only hiring on price, and you’re good at price. You would never think to tell the client that your fee is $15,000.00. You don’t feel confident in your quality or service, nor that the client cares. You’re just trying to compete at the lowest common denominator.

Focusing on the competition is a waste of time. I see it over and over again. A group of lawyers start a niche and there is a standard fee no matter who you hire. Then some young broke stud jumps in and charges $20 less. A few years later, everyone is charging 60 percent less. No one is making money, except those that aren’t focused on the competition….

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The Practice: Client Control, Before It’s Out Of Control

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As lawyers, we often look past obvious signals when we’re about to get a new client. The client comes in, decides to hire “me” (yes, me!), and pays. What could be bad?

That the client showed up an hour late with no excuse or apology, or spent the hour with you talking about how his friend’s case worked out, or the opinion of his cousin who is a lawyer in another state is of no matter. We have a new client, a new check, and that’s all that we need.

I believe in the philosophy that sometimes the best client is the one you turn down. I’ll end a meeting after 10 minutes because the client’s expectations are only met through unethical behavior or by going to see the wizard. Or after meeting with the client, I’ll decline representation because even though the client can pay, I believe I’m not a good fit in terms of the client’s needs as far as time outside of the representation. Of course, then there’s the high fee you quote a client you just don’t want to represent who says (oops) “OK.”

Then there’s the client where everything seems great, until the day after you are retained….

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Inside Straight: How To Drive Clients Nuts!

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Fair is fair is fair is fair: First, I analyzed what drives partners nuts. Next, I revealed what drives associates nuts. Third, I suggested how secretaries could drive their bosses nuts. Which (unless my imagination improves) leaves only today’s column: How to drive clients nuts!

How can you drive clients nuts? Let me count the ways.

First, remember that it’s really not the client’s case; it’s yours! The client retained you. You’re tending to the thing. If you win, you’re going to link to the decision from your on-line firm bio. So take the case and run with it!

When journalists call, answer their questions. (Make sure they spell your name, and your firm’s name, correctly in the published piece. Free publicity can’t hurt.) That silly little client surely trusts you to handle the press properly and, if the client doesn’t, the client’s wrong.

In fact, don’t limit yourself to handling the press. Figure out what an appropriate settlement should be, and then move the process along on your own. Call opposing counsel and tell her that you haven’t yet run this idea past your client, but you think the case should settle for 500 grand. Tell her you’ll recommend that amount if she’ll recommend that amount, and see what happens. The client will be pleased that you evaluated the case and sped the process without bothering the client at all. That’s both convenient and cost-effective: You’ll be a hero! (It’s quite unlikely the client was thinking more broadly than you are, considering the effect of settling this case on business issues, or other cases, or the like. After all, it’s your case. Don’t be a weenie; you handle it!)

Great! We’ve pushed the client one step closer to the brink of insanity. What else can we do to nudge the client over the edge?

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The Practice: Do Your Referral Sources Get It?

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If you’re trying to build a word-of-mouth-based referral practice (is anyone doing that anymore?), you may be frustrated with two things about some of your referral sources: they don’t appear to know what it is you do, and they don’t make a real effort to get you the case/client.

Let’s talk about the bad referrals first.

We’ve all been there. The call comes in, the client was referred by a familiar name, and he wants to hire you to do something you don’t do or don’t want to do. Maybe you’re a divorce lawyer but don’t want to handle child custody modifications, or you’re a commercial litigator who has said many times that you don’t do collections work.

If you’re getting the wrong referrals, it’s your fault…

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