Clients

Keith Lee

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?

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Christina Gagnier

Ed. note: Please welcome Christina Gagnier, who will be covering small law firm practice. You can read her full bio at the end of this post.

When you are starting out, or even eight years in to running your own firm, you want clients. You need people coming through the door, physically or virtually, who are willing to pay for your legal services.

As much as you want to take all of the clients that you can get, you have to look out for the red flags — those potential clients who are going to be more trouble than they are worth or may lead you down a rabbit hole. Two stories highlight different types of potential client red flags…

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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….

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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….

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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?

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Keith Lee

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….

double red triangle arrows Continue reading “What Clients Don’t See (And Don’t Care About)”

Christina Gagnier

Ed. note: Please welcome Christina Gagnier, who will be covering small law firm practice. You can read her full bio at the end of this post.

My foray into writing this column for Above the Law is appropriately timed with a running Evernote scribble of speculative episodes that my partner and I have been sketching out about our lives managing a small law firm. Running a boutique tech law firm in San Francisco led by two women with a bunch of under 35-somethings is fodder for a half-hour “dramedy.”

Hopefully, through some storytelling, this column can provide inspiration, and perhaps to some, caution, about running a boutique/small law firm. Some of the things that happen to us are a little too unbelievable to be true, but I assure you, they happened and continue to make us laugh (or cry).

A little backstory. My partner and I met at law school and quickly came to the realization that we needed to get back to work, or the entire experience of simply reading a lot of old material and regurgitating it back on exams would quickly claim our souls. So, as is the San Francisco entrepreneurial way, we started our law firm, then solely a public affairs consulting firm, by incorporating in the back of our Evidence class.

The starting operating budget? $87 from an AT&T account deposit refund. We scurried to the nearest Bank of America and began to live the American dream of being lawyers in a big city. I guess it was the American dream if the American dream consists of crashing on office floors, sleeping in airports, and working out of Starbucks. It was 2008, and we thought to ourselves, in the midst of the greatest economic upheaval since the Great Depression, that we would simply walk out of law school and start a law firm. Well, we are still here…

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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….

double red triangle arrows Continue reading “Beyond Biglaw: Disney Lessons for Lawyers (Part 1) — Customer Service”

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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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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