It’s always interesting to have conversations with clients who have gone through multiple lawyers. Not the sort of clients who have gone lawyer shopping in the past, bouncing around looking for the lowest price, but rather the client who has had a relationship with a lawyer in the past and has decided to break away from that lawyer due to poor performance or bad customer service. Listening to clients who have severed relationships with other lawyers offers a glimpse into what is going on in the mind of clients and what they expect from the legal services they obtain.
One of the most egregious things I’ve heard lately from a client has to do with a couple of bottles of water….
The other day I walked into my local Starbucks. It was moderately full but there was only one other couple in line. I placed my order after the couple in front of me (tall, skinny chai, extra hot), then sat down to wait. I pulled out my phone and thumbed it to life, scrolling through emails, checking Twitter, the usual. After a bit, I realized I had been sitting there for a few minutes without hearing my order.
The couple in front of me had gotten their order and were doctoring their coffees with condiments. The barista behind the counter had a flicker of motivation as he looked down at the ready area of the Starbucks bar. He was a typical-looking Starbucks barista — mid-to-late twenties, tall, skinny, bearded, with thick-framed glasses. A general demeanor of indifference.
“TALL SKINNY CHAI EXTRA HOT.” I walked up to the bar to get my order.
“Uh, your order has been ready for a bit but, uh, they forgot to call it out. If it’s not hot enough, I guess I can make you a new one or whatever….”
For Biglaw attorneys, it can take a while to realize the importance of face-to-face interaction in the business world. Especially for those young attorneys who start working at Biglaw firms immediately after graduating law school, and who attended law school immediately after college. In my case, I had a year of real “work experience” before starting law school, but in a very junior position.
So I was not involved, as I suspect most young people outside of tech startups are, in important business interactions. It is debatable whether someone’s experience seeking funding for an app that locates and arranges delivery of fresh donuts on a 24-hour basis counts as “real” business experience of value to lawyers. Nevertheless, many Biglaw attorneys land in their partner-discarded Aeron chair knock-off by jumping directly off the college-law school cliff of debt. And as a result have never attended an important business meeting before joining Biglaw. Ever….
It’s often incredibly difficult to let things go in today’s always on, always connected world. There is a desire to multitask and switch gears at all times.
Check Twitter, check email, review a letter. Write a couple paragraphs in brief, get phone call. While on phone, pull up Facebook. Phone call ends, check Twitter, back to brief. Another lawyer sticks head in office, wants to talk about an issue in a different case. Finish conversation, back to brief, an urgent email notification pops up. Read email, not really that urgent. Reply anyway. Couple more paragraphs into brief, calendar notification goes off. Lunch scheduled with another lawyer in 25 minutes.
What are the chances that any of the work you just produced was actually of high quality?
In last week’s column, I discussed the importance of external communication during the mediation process in securing a favorable result for a client. Many of the people who wrote to me as a result of last week’s column agreed with my general premise that mediation is an important skill for the contemporary litigator, and that mediation’s importance will only continue to grow.
A primary driver of that growth will be the continued desire of clients to reduce litigation costs. More and more, clients are recognizing the value of mediation as a means of resolving disputes early and with certainty. Accordingly, those same clients are looking to their outside counsel to guide them through the mediation process, and it is safe to assume that how outside counsel fares at that task could be a crucial factor in terms of a client’s willingness to send that lawyer more business….
At the recent ReInvent Law NYC conference, one of the speakers, Abe Geiger, founder and CEO of Shake, used an apt term that I’d never heard before: “tiny law.” As I understood the phrase, “tiny law” refers to all of those day-to-day contractual arrangements consumers enter into every day – only through standardized forms or handshakes or oral agreements rather than formal written contracts. And that’s the raison d’être of Shake: to help formalize those millions of tiny law transactions in a simple but custom agreement generated on a mobile device.
Will Shake displace lawyers, particularly solos and smalls who are most likely to handle “tiny law” problems? At least one piece by William Peacock, from a few months back, suggested that Shake could pose a threat to lawyers. But from a solo or small perspective, Shake is actually a godsend….
I worked at law firms for 25 years. I observed many things and heard many others.
Now I work in-house, and I have to select counsel to represent me.
If I saw you in action (or heard about your reputation) back then, will I hire you now?
It’s obvious how you could have impressed me: You could have put the client’s interests first, and you could have been breathtakingly good when analyzing issues, negotiating settlements, preparing briefs, or appearing in court.
But what could I have seen or heard that forever removed you from my subconscious “approved” list? What are the deadly sins?
Imagine you are in the audience at a majestic Broadway play. The theater full, stage set, lighting dim. The curtains part and the play begins. Drama and tragedy unfold over the next two hours. The performance compels an ovation. Done with the play, you and your company depart for dinner.
You’re in Las Vegas at the latest Ultimate Fighting Championship (UFC) event. It’s time for the main event. The lights dim and the crowd roars. Two fighters enter the cage. The championship belt is on the line. The chain link door is locked shut and a grueling battle of wills commences. In the third round, the champion knocks out his opponent. You and your friends slowly make your way out of the arena, heading towards the Strip for a night of fun.
Both the actor and the fighter spend weeks and months in preparation for their brief time under the lights and scrutiny of the crowd. The actor memorizes her positioning, recites her lines, studies her character. The fighter drills techniques for years, conditions his body for months, and studies tape on his opponent for hours. All for one night….
Everyone has an opinion about a trip to Disney World. Some people relish immersing themselves in the experience, while others bemoan the long lines, incessant invitations to spend money, and roaming packs of at-turns hyperactive and hysterical children.
Personally, I fall somewhere in the middle, if leaning a bit to being a Disney-phile as opposed to a Disney-phobe. Having just spent a week there with my family, I can attest to the importance of having realistic expectations regarding the trip — such as recognizing that it will not be a relaxing “vacation,” in the traditional sense. Whether physically or emotionally, anything more than a day visit can be quite draining. At the same time, it is also a lot of fun, and can be quite educational for the kids as well. And there is a lot we can learn as lawyers from the way that Disney goes about its business….
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 seven years. You can reach them by email: firstname.lastname@example.org.
Please note that Evan Jowers and Robert Kinney are still in Hong Kong and will stay FOR THE REMAINDER OF THIS WEEK. We still have a handful of available slots for meetings with our Asia Chronicles fans. If we have not been in touch lately, reach out and let us know when we could meet! There is no need for an agenda at all. Most of our in-person meetings on these trips are with folks who understand that improving a legal practice through lateral hiring is an information-driven process that takes time to handle correctly.
Regarding trends in lateral US associate hiring in Hong Kong, we of course keep much of what we know off of this blog. Based on placement revenue, though, Kinney is having one of our most successful years ever in Asia. We are helping a number of our law firm clients with M&A, fund formation, cap markets, project finance, FCPA and disputes openings. These are very specific needs in many cases, so a conversation with us before jumping in may be helpful. As always, we like to be sure to get the maximum number of interviews per submission, using a well-informed, highly targeted, and selective approach, taking into account short, medium and long-term career aims.
Making a well informed decision during a job search is easier said than done – the information we provide comes from 10 years of being the market leader in US attorney placements at the top tier firms in Asia. There is no substitute for having known a hiring partner since he/she was an associate or for having helped a partner grow his or her practice from zip to zooming, and this is happily where we stand today – with years of background information on just about every relevant person in all the markets we serve, and most especially in Hong Kong/China/Greater Asia. So get in touch and get a download from us this week if we can fit it in, or soon in any case!
The legal industry is being disrupted at every level by technological advances. While legal tech entrepreneurs and innovators are racing to create a more efficient and productive future, there is widespread indifference on the part of attorneys toward these emerging technologies.
When the LexisNexis Cloud Technology Survey results were reported earlier this year, it showed that attorneys were starting to peer less skeptically into the future, and slowly but surely leaning more toward all the benefits the law cloud has to offer.
Because let’s face it, plenty of attorneys are perhaps a bit too comfortable with their “system” of practice management, which may or may not include neon highlighters, sticky notes, dog-eared file folders, and a word processing program that was last updated when the term “raise the roof” was still de rigueur.