When I moved last year from Chicago to London, my morning workout changed along with my postal code: Instead of lifting weights and jogging on alternate days, I now jog every morning, plodding through my lap around Regent’s Park. Either the new exercise regime or my appetite for British food has affected me: Although I hadn’t realized it, I’ve lost a fair amount of weight this past year. (I started at only 5’10″ and maybe 175 lbs; losing 20 pounds wasn’t necessarily a good thing.)
Here’s what I noticed when my wife and I recently visited Chicago: When you’re in your twenties and lose weight, your friends say, “Hey, Mark! You’re looking good!” When you’re in your fifties and lose weight, your friends whisper to your wife: “Pssst: Is Mark okay?”
Anyway, our son, Jeremy (you remember him), recently survived his medical school boards and visited us in London for a while. He joined me for a few of my morning jaunts. I sprinted; he jogged. We both went the same pace.
All of this prompted me to reflect on the differences between the States and the Kingdom. I’ve previously noted that the United States cleans the UK’s clock in a couple of areas, such as dryer and traffic-light technology. But the reverse is also true: The Kingdom beats the States in a couple of noteworthy ways….
This means that if I picked my outside counsel randomly, I’d be disappointed 19 times out of 20. I don’t like those odds, so I don’t pick outside counsel randomly.
And if I picked my outside counsel based on which outside lawyers told me that they personally think they’re great, I’d still be disappointed 19 times out of 20. I still don’t like those odds.
I don’t know if other inside counsel view things the same way I do. But, if they do, it makes business development awfully tricky. If there’s nothing you can say or do to cause me to hire you, what forms of business development might work?
I recently heard the managing partner of a regional law firm say that alternative fee arrangements are like teenage sex: “More of it is being talked about than is actually being done, and the little that’s being done is being done poorly.”
My corporation now uses alternative fee agreements for a large percentage of its work. All of those arrangements have worked out acceptably, and one (which I’ll discuss after the jump) has played out spectacularly. The harder question is this: How does one convince tens of thousands of readers to click through the jump (and “continue reading”) a column about alternative fee arrangements (because clicks through the jump are, after all, the relevant metric to the Above the Law gang)?
I’ve got it! Gin up a riddle, and put the question before the jump and the punch line after. What reader could resist?
So — riddle me this:
What’s the similarity between discussions about alternative fee agreements and elephantine mating?
Both take place on a high level, involve much trumpeting, . . .
Here’s another story from real life (unless I’m making it up). The draft mediation statement starts with: “We sued them in Texas, and they sued us in Florida. Judges in both courts have now considered the issues.”
I write back, in my usual sensitive, caring way: “Any brief in the world could start with, ‘Somebody sued somebody’; that’s kind of the starting point for lawsuits. Because your opening sentence is entirely generic, it’s entirely unpersuasive. Please consider starting instead with: ‘BigCo hired three professional assassins to storm our world headquarters. During the assault, the assassins killed six of our employees, wounded four, and stole our trade secrets along the way.’ Having thus shown the mediator that we should win, we could then go on to note that we sued them in Texas, and they sued us in Florida, and judges in both courts have now considered the issues.”
Outside counsel writes back: “Perhaps you’d be right in some other case, but not in this one. We mediated this same case 18 months ago in front of the same mediator, so he already knows what our case is about. He doesn’t need any more of an introduction than my draft provides.”
What are the mistakes here? First, I’m the client. If I propose doing something idiotic, then stop me by any means necessary. But, in close calls, let me win; that’s called client service (and it’s what I did during the 25 years I spent in private practice). Second, this isn’t a close call. When I’m right and you’re wrong, let me win; that’s called intelligence. Third, and why I’ve set fingers to keyboard — you’ve made a mistake that I see repeatedly among lawyers: You think that people remember you . . . .
Years ago, I knew a lawyer who thought that business entertainment worked. He was a plaintiffs’ personal injury lawyer: “I treat a doctor to a $50 lunch, and the next day he refers a case to me. I make one phone call and settle the case for $9,000, netting a $3,000 fee. And the doctor thinks we’re even! It’s unbelievable! I can’t eat enough lunches!”
Good for him. But does it work for anyone else?
I certainly treated clients to dinners and sporting events in my day, but none of those clients (or prospects) ever hired me in return for that entertainment. I didn’t expect them to, and I’d be terribly disappointed in them if they did. My having treated a guy to a dinner doesn’t make me the best lawyer to handle his case, and he’d be nuts to hire me because the caviar was beluga.
The reverse is also true. Lots of people want to meet me, buy me a meal, or take me to a cricket match (I’m now based in London, remember?) since I’ve gone in-house. A few of the folks who buy me lunch even follow up with e-mails expressing their unhappiness that I haven’t promptly retained them: “Was it something I said? Why haven’t I heard from you, other than the thank you note?”
It was nothing you said. But why should I possibly hire you simply because you bought me lunch?
I have my own theory about why firms create large “client entertainment” budgets . . .
Today’s column draws, as always (except when I’m making stuff up), on true life.
A friend at a London law firm wanted to meet a senior executive at my company. I asked the executive if he cared to join my friend and me for lunch. I naturally placed no pressure on the exec: “I’m happy to have lunch with this guy alone, or I’m happy to set up something for the three of us. What do you prefer?”
Somewhat to my surprise, the exec accepted the lunch date. I told my friend. And my buddy promptly sent an invitation for the appointed date and time scheduling lunch in a conference room at his law firm, halfway across London from our corporate offices.
Partner asks for a draft brief by Wednesday. It doesn’t arrive on time. Partner asks Associate about the brief: “I wrote it, but the dog ate it. I’ll get you a draft next week.”
On the next assignment, Partner asks for a draft brief by a deadline. The brief doesn’t arrive on time. Partner asks about the brief: “I left the finished draft in a briefcase in my car, and a thief broke into my car and stole the briefcase. I’ll get you a draft next week.”
On the next assignment, the computer crashed at the last minute. And on the assignment after that, a junior lawyer doing some research for the brief fell ill, so it wasn’t possible to get the brief written on time.
For Partner, the solution is easy: “This clown is irresponsible. There are other associates around here who actually do things on time. I’ll stop working with the clown, and my life will be much easier. And I’ll report on the clown’s annual review that he’s irresponsible.”
For Associate, the situation is baffling: “I do great work, and I turn things in late only when fate interferes. Why doesn’t Partner work with me anymore, and why did he unfairly say on my review that I’m irresponsible?”
Another example; the corporate analogy to law firm life; and my stunning conclusion all after this enticing ellipsis . . .
I love it: Law firms send us brochures and offer us free CLE programs about all the things that smart corporations should do.
We should protect data privacy. We should have written policies that require pre-approval before our sales folks entertain clients at fancy events. We should train our employees about “intelligent business communications,” so that no one writes stupid e-mails. We should train everyone about conflicts of interest, avoiding discrimination or harassment in the workplace, and insider trading. We should establish systems to confirm that any person or entity that needs a license is in fact licensed.
And then what do law firms themselves do? The firms blithely ship personal information from office to office around the world — because the folks in the U.S. need information about the plaintiff suing for personal injuries in France. The firms have no rules at all restricting how lawyers entertain their clients. Lawyers at the firms write stupid e-mails. [Note to David Lat: Please do not add a link to the preceding sentence about stupid e-mails. You'll link to an article about some law firm in particular, and lawyers at that firm will write to me accusing me of having slung mud at their firm. I'm not slinging mud at any one particular law firm, by God -- I'm slinging mud at all of them!] What else do firms do? Corporate lawyers move from New York to California and never bother to take the California bar exam, because it’s such a pain in the neck, and no one will ever know, anyway.
Corporate Counsel recently investigated this issue, asking major law firms about their compliance programs. The conclusion? Law firms generally either don’t have compliance programs or choose not to discuss the issue (because, I’ll speculate, they don’t have compliance programs, and prefer not to admit this publicly). Isn’t it time for the shoemaker’s children to be shod?
First, an offer: I thought I had retired my “book talk” about The Curmudgeon’s Guide to Practicing Law when I moved to London last fall. But I’ll be in the States for a few weeks in late May and June, and I’ve been asked to dust off the talk and give it a few times — at the annual meeting of the Association of Defense Trial Counsel in Detroit, and again in Chicago for Kirkland & Ellis and Greenberg Traurig. So long as I’ll have to flip through my notes and re-learn the talk, I might as well give it for your group, too. Please let me know by email if your law firm is interested.
Second, today’s thesis — and it’s a backwards one: Law firms think more highly of you for the years when you’re not working at the firm.
I’ll start with the easy example: I moved as a sixth-year associate from a small firm in San Francisco to a huge firm in Cleveland. When I arrived at the huge firm in Cleveland, partners treated me surprisingly well. Why?
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 protected].
Since late last year, things have been booming in Hong Kong / China in cap markets, especially Hong Kong IPOs. M&A deal flow has recently been getting a bit stronger as well. Although one can’t predict such things with any certainty, all signs are pointing to a banner entire 2014 for the top end US corporate and cap markets practices in Hong Kong / China. This is not really new news, as its been the feeling most in the market have had for a few months now and things continue to look good.
The head of our Asia practice, Evan Jowers, has been in Hong Kong for about 10 days a month (with trips every other month to both Shanghai and Bejing) for the past 7 months (Robert Kinney and Evan Jowers will be in Hong Kong again March 15 to 23), and spending most of his time there meeting with senior US hiring partners at just about all the major US and UK firms there, as well as prospective candidates at all associate levels and partner levels, and when in the US, Evan works Asia hours and is regularly on the phone with such persons, as our the other members of our Asia team. Our Yuliya Vinokurova is in Hong Kong every other month and Robert is there about 5 times a year as well. While we have a solid Asia team of recruiters, Evan Jowers will spend at least some time with all of our candidates for Asia position. We have had long standing relationships, and good friendships in some cases, with hiring partners and other senior US partners in Asia for 8 years now.
Are you challenged by the costs and logistics of maintaining your office, distracting you from the practice of law?
Many small firms are successfully moving part—or even all—of their practice to a virtual setting. This even includes multi-jurisdictional practice spanning several states and practice areas, although solo and small partnerships are still the largest adopters of virtual law.
Can you do the same? The new article Mobile in Practice, Virtual by Design from author Jared Correia, Esq., explores how mobile technology bring real-life benefits to a small law firm. Read this new article—the next in Thomson Reuters’ Independent Thinking series for small firms—to explore how a mobile practice:
Everyone is talking about the importance of Social Media in Corporate America. But it is relatively safe to say that most law firms and lawyers are slightly behind the social curve. Most lawyers, at minimum, use LinkedIn, for networking. Some even use Twitter for pushing out short, pithy content, while many have Blogs, where they write their little hearts out. The adage “it is better to give than to receive” is not always true though in the world of Social. In the Social World – it is best to listen, give back and engage.
Social Media is a communications tool that can deeply educate you about the needs and wants of your clients and prospects when used in conjunction social media monitoring and sharing tools.
Take this quick quiz and see if you know how to use Social to help you engage more with your clients or to better service the ones you have.