* Wait, are we really going to have to debate the legal merits of this platinum coin thing? Really? Can’t Congress just not hold the country hostage so we don’t have to start messing around with crazy coins and the Fourteenth Amendment? Like, you don’t have to start doing bats**t crazy Carrie Mathison things if you don’t let terrorists take Nicholas Brody in the first place. [The Volokh Conspiracy]
* There was another school shooting today. It just makes you wonder if the terrible reign ushered in by Grand Theft Auto will ever end. At least, in this case, the teacher was armed to the teeth WITH WORDS to TALK DOWN the shooter. [Huffington Post]
* “Illegal” trades don’t mean the same thing to bankers as they do to everybody else. Well, that’s not true. Maybe the disconnect is more with the word “consequences.” [Dealbreaker]
* Yeah, I’m going to go on and say that I’m not going to believe anything coming out of the Trayvon Martin police report. Just like I wasn’t considering anything coming out of racist ass Mark Fuhrman. [Tampa Bay Times]
* There’s a lot to lose if Section 5 of the Voting Rights Act gets struck down. [Slate]
* I suppose it’s good that lawyers don’t have “I’m going to do a half-assed job here” fees. [Underdog]
Before I provide some advice on client relations that will be deemed “totally wrong” by some and “good advice” by me pretending to be anonymous, I wanted you all to know that I bought a wireless printer that allows me to send documents from my phone, wherever I am, to my printer at my office. Although I currently have no use for this feature in my law practice, and haven’t in 17 years, I hope this puts me in better stead with those of you that think I hate tech.
Now let’s talk about clients, for those of you that have some.
The core of running a practice is machines and toys clients. That you are able to do competent work for clients doesn’t matter if you are not versed in the retaining and retention of them. The retention of any client starts at the initial contact, not when they come to your coffee shop office with a check. For those of you who have practices where you never meet with clients, your initial contact with them (unless it’s them using your website as an ATM to buy documents) is even more important.
While you may be in a position where the client is only calling you, most clients are calling several lawyers. Regardless, you are now auditioning for the job. That audition begins at the very moment you first speak to the client, or the person calling for the client….
It has been a few days since our last detailed story about the largest law firm bankruptcy in history. So let’s check in on the Chapter 11 proceedings of Dewey & LeBoeuf, currently pending in bankruptcy court for the Southern District of New York.
There have been a few recent developments. For example, as we mentioned in Morning Docket, Dewey is being counseled in bankruptcy by some pretty pricey advisers.
* Say sayonara to the Buffett Rule. Senate Republicans were successful in blocking the 30% tax on millionaires proposed by Democrats. And thank God, because that trickle down thing is totally working for us right now. [Wall Street Journal]
* Rich lawyers keep getting richer because they keep increasing their fees. That being said, where the hell are the bonuses? Come on now, SullCrom, are you seriously going to make us all wait until June? That’s really not very nice. [Thomson Reuters News & Insight]
* Well, that was quick: one minute men abound in the George Zimmerman circus. Mark O’Mara filed a motion to get Judge Recksiedler off the case, and the media filed a motion to get access to sealed records. [CNN]
* A federal judge presiding over the John Edwards campaign finance trial dismissed 47 potential jurors. Dude gets around, because apparently he had slept with all of them. Nah, he wishes, though. [Bloomberg]
* As a law school, it sure is easy to claim that just under 100% of the class of 2010 was employed nine months after graduation, especially when you were the one employing them. [National Law Journal]
* Seems like the New York Times has finally caught on to the ADA troll trend. Lawyers are recruiting clients to file suits against noncompliant businesses, but at least the disabled reap the rewards. [New York Times]
* Prospective welfare recipients in Georgia have a few more months to blaze before they’ll have to pass a drug test to receive benefits. Smoke two joints before you prepare for all the incoming lawsuits. [Washington Post]
I’ve known some lawyers to proudly proclaim that in litigation, they leave no stone unturned. They boast that they will pursue every defense, review every document, and raise every argument. In doing so, presumably, they assure victory. They strive to win at any cost.
This approach makes sense when a well-funded client faces bet-the-company litigation. In that case, of course, a lawyer should pursue every possible path to victory, even if a particular path seems like a long shot. It may cost a lot to win, but even more to lose. In these cases, the economic interest of the attorney and the client are aligned. If the amount at stake warrants it, the lawyer can work the case to the max, and the client is happy to pay for it.
But smaller firms handling smaller matters know that many times, winning in litigation is relative to the amount at stake and the fees incurred. Every client is initially delighted to receive a favorable verdict at trial. But when the heat cools down, and only the bill remains, even the winning client may resent his lawyer when he reflects on the price he paid for his “victory”….
Over the last few years, the legal market has changed dramatically. We live in a buyer’s market in which the clients hold the upper hand and can demand financial concessions from their attorneys that go beyond lower hourly rates.
This good news for clients might sound like bad news for lawyers. If lawyers can’t charge as much, they likely won’t make as much. But although greater price competition might lower revenue for some firms, it surely presents an opportunity for others. Small law firms often compete with bigger firms on price, and increased client sensitivity to legal fees can be a marketing boon to firms that can undercut their competition (with the familiar caveat, of course, that the smaller firm must be able to provide the resources and quality required by the particular matter).
The changing market invites, if not demands, lawyers to offer concessions for clients. Happily, many of the concessions have relatively little impact on the firm’s bottom line, but can garner significant goodwill with clients. For example….
* Two weeks from today, the Supreme Court will be hearing oral arguments on the Obamacare case. Everyone thinks Justice Kennedy’s vote will swing the Court, but Chief Justice Roberts isn’t about to let him steal his sunshine. [New York Times]
* Gaming post-graduation employment statistics: the Columbia Law School and NYU Law edition. It looks like it might be time to fire up the Strauss/Anziska machine for the top tier of our nation’s law schools. [New York Post]
* But speaking of Alston & Bird, some Floridians are complaining about the firm’s bill. $475 an hour for four partners and associates? You really need to stop, because you’re getting the deal of the century. [The Ledger]
Ah, nothing brings around the lawyers of today like the talk of money. One of the most popular Google searches by law students and lawyers is “how to make money as a lawyer.” I rarely see searches for “how to cross examine the expert witness,” or “building a reputation, one case at a time.”
It’s all about the cash.
So here it is, here’s your red meat:
Charging “what everyone else charges” is for losers.
Good clients know you get what you pay for. Cheap, annoying, time-sucking, Bar-complaint-filing clients try to own someone for nothing. If you want the same clients everyone else has, charge the same legal fees. You can be Wal-Mart, or you can be Saks. More people shop at Wal-Mart, but people looking for quality shop at Saks, and they know the difference. They go in, they see something they want, and pay for it (without a payment plan). (And don’t tell me “credit cards are payment plans.” The seller gets the full amount, the buyer makes payments to the bank.) Saks doesn’t have “low prices,” and customers aren’t going there for low prices. They’re looking for quality. Price is secondary….
* Paul Ceglia didn’t want to pay Facebook’s Biglaw bill for 177 hours of legal work, so the judge slashed the price to $75,776. At just $428 an hour, how will these lawyers feed their families? [Los Angeles Times]
* Extra frothy: Santorum’s trifecta of wins in Minnesota, Colorado, and Missouri has made Mitt Romney angry. Because even a guy who wins nonbinding primaries can be dangerous to a man’s campaign. [New York Times]
* Joe Amendola claims that evidence is being withheld in his client’s case — evidence like the alleged victims’ phone numbers. Why does Sandusky need those? So he can call and breathe heavily into the phone? [Philadelpha Inquirer]
* Foxy Knoxy’s lawyer is appealing her slander conviction in Italy, claiming that the police “manipulated” her during questioning. You were already cleared of a murder charge, stop pushing your luck. [USA Today]
* It’s really too bad that Lindsay Lohan doesn’t employ Biglaw firms for all of her drama, because given what she’s spent on legal fees in recent years, those prized spring bonuses would assured. [Huffington Post]
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The holiday season is upon us, and yet again, you have no idea what to get for the fickle lawyer in your life. We’re here to help. Even if your bonus check hasn’t arrived yet, any one of the gifts we’ve highlighted here could be a worthy substitute until your employer decides to make it rain.
We’ve got an eclectic selection for you to choose from, so settle in by that stack of documents yet to be reviewed and dig in…
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