As we have discussed the past twoweeks, Biglaw business development is not easy. The available flavors at the Biglaw business development ice cream stand are hardest (cold calls), harder (intra-firm networking and beauty contests), and plain old hard. As in turning referrals and unsolicited contacts from prospective clients into engagements. That is hard to do, but nowhere near as difficult as trying to land the matter when the prospective client has not invested in contacting you beforehand, or at least heard about you from a source that they trust. There is a reason rainmakers take the largest share of the Biglaw pie, even at white-shoe lockstep firms.
Getting other lawyers to refer you matters, even from within your own firm, is hard. The foundation one needs to generate referrals is the exact same one that is required to have success generating business through other methods. But there is an extra ingredient, or at least a greater emphasis on a particular ingredient, that needs to be there if you hope to get referrals. That ingredient? Let’s call it likability. No matter how skilled a lawyer you are, or how hallowed your reputation, you simply must be likable in order to generate referrals. Of course, the definition of likability becomes quite a bit more expansive when applied to lawyers considered at the top of their fields. Simply put, the person referring you has to feel good about making the referral, and they are much more likely to feel good if they consider you an agreeable person, at least to do business with.
Unsurprisingly, the definition of likability in the Biglaw context is quite different from the standards we normally apply when talking about the real world. For those who like analogies, consider that Biglaw likability is to indisputable real-world likability as Biglaw “hot” is to indisputable real-world hotness….
Next week my firm will celebrate its fourth anniversary. I can’t believe it has been that long. It seems like yesterday that I was sitting at my desk at Quinn Emanuel, thinking about cases worth millions of dollars but still too small to be economically handled by traditional Biglaw firms. I wondered if I might try to serve a growing market hungry for less expensive but still high-quality litigation. Not long thereafter I was conspiring with my partner over the details, drafting business plans, and conducting informal marketing surveys.
As my firm approaches its fourth anniversary, it’s interesting for me to think back to my early plans and consider what worked, and what did not. What happened as I predicted or hoped, and what was unexpected…
One of the good moments in the practice is when you see the result of a networking event, online introduction, “hit” on that marketing blog that you’ve never written a post on, or God forbid, a happy former client.
The result being a referral.
A real referral. A real case, a paying client who wants to meet with you “as soon as possible.” This person calls and says they got your name from someone you know. They read your canned post on the latest fatal accident, they think your automated Twitter feed with links to your website is awesome, or they heard you did a great job for their good friend and now they need you (but I hear that never happens anymore and that lawyers that rely on doing a good job and getting referrals as a result of that are part of the past and are going to go out of business very, very, very soon).
So this is all very nice. It shows that something you are doing is working. It may for a while take your mind off suing your law school for lying about getting you a job.
But then there’s the call that goes something like this….
For those ignoring the unemployed “future of law” idiots typing away from their kitchen table in some crap city with a regional airport and instead still living in the universe where you believe practices can be built and survive on the referrals of others, I have some advice on maintaining your referral base. Some good stuff here, so keep reading if you actually practice law and have to bring in business instead of living off the originations of lawyers who people actually hire.
A referral base is sometimes, but not always, a two-way street. This is where honesty comes into the equation. There may be a lawyer who refers you business, to whom you would never refer business. There may be those lawyers who refer you business, but you have never had the opportunity to send them any. On the other hand, there are those lawyers to whom you send business, who haven’t sent you anything.
Referrals from other lawyers happen for two reasons, either the lawyer is your BFF, or because they know your reputation in the practice area. Sad news for some of you, your reputation, as I’ve said before, is not based on how many people have accepted your begging them invitation to write online testimonials about you….
This past week, I was in Chicago for a national conference of professional responsibility lawyers. We usually meet in the same city and at the same time as the ABA, as we have many dual members (no, not at the same time as ABA toy tech show — I’m talking about the ABA meetings where real lawyers discuss law and policy). So although I don’t attend the ABA meetings, those that do come over to our conference and vice versa.
One of the benefits of attending national (real) lawyer conferences as a small-firm lawyer with a real practice (not the social media conferences where broke and unemployed non-practicing lawyers hang out in the vendor hall), is that besides learning something, you have the ability to network and develop relationships that may turn into referrals. I hear lawyers talk about not going to conferences because of the cost. The cost, including transportation, hotel, and conference tuition should usually be no more than $1,000-$1,500. If investing that amount of money in your firm is not worth it, then you are doomed to be nothing. Stop reading now and go work on your internet presence….
I rarely follow up on potential clients anymore. You want to hire me — you’ll let me know. I’m not playing your game of calling you back after the initial interview so you can tell me you’re “thinking about it,” but “the fee is really big.” Yeah, the fee is really big; so is your problem. You want to take your big problem to a bargain basement lawyer — knock yourself out. I don’t run a booth at the Straw Market in the Bahamas. If I’m going to negotiate, it’s going to be with opposing counsel, not you.
It’s killing you, though. You spoke with the client, they seemed interested, they asked all the right questions, and you gave all the right answers. They told you “money is no issue” (first clue they have no money.) It’s been a day or two, and nothing. No call, no email, and no questions about the retainer agreement you gave them.
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.
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…
This week, I was introduced to an IP lawyer. Yawn. Another IP lawyer churning out trademark and copyright applications. Meeting one of them these days is no different than going to a lawyer cocktail hour and meeting yet another “commercial litigator.” (Translated: “I do general irrelevant crap. Where’s the guy with those little spinach things?”)
But I quickly saw in his email that this wasn’t just another IP lawyer:
“My area of practice is intellectual property, but with a twist: I represent technology companies in transactions involving the licensure, commercial exploitation and/or research & development of technologies — that is about 50% of my practice. The other 50% is representing digital marketing agencies, digital production companies, and related businesses in all of their IP and corporate needs. I handle a great deal of work in the area of data privacy rules & regulations, compliance with FTC rules for digital advertising, and matters involving outsourced technology transactions.”
Interesting. Next step is meeting this guy face to face, mainly so I can understand what that email just said. I realize he doesn’t want referrals from every guy in his garage with the next great invention, but although I think I know, I want to learn how and from where he gets his referrals, and how he built his practice.
There’s been a lot written about niche practices. A lot of it has been written by non-practicing lawyers, or those with a niche that they’ve had for five minutes. Although today’s kids would rather hear from those idiots than someone who’s been doing it themselves for a while, I’ll do what I do every week, and offer some advice that may make you less miserable, and cause you to think differently about your practice….
In preparation for this article, I did a Google search for “lawyers getting involved in community.” The first result was some article about pro bono. Let’s be honest: in 2012, why would a lawyer trying to build a practice spend time doing free legal work for the needy instead of trying to figure out whether Pinterest can be monetized to bring in clients?
Being a lawyer who is involved in the community, I used to be frequently asked, “Hey, I want to get involved in the community, can you tell me how?” I don’t get asked that much anymore. “Community” is considered “the Twitter community,” or “the blawgosphere.” While the tech hacks haven’t yet declared community involvement “dead,” the fact that the result of becoming involved in the community is often organically-developed, real relationships with other like-minded people that may lead to business, is unattractive to those that have bought in to the notion that a collection of followers and friends online is a quicker path to lots of phone calls.
So if there are any lawyers left out there that are still contemplating community involvement, I offer the following….
And I want to know when lawyers will stop using opportunities to give referrals as a panicked strategy of covering their asses.
You know what I’m talking about — the “three names” idiocy?
Whether you’re on a list-serv and the 27th “I’m looking for an excellent, aggressive, and inexpensive lawyer” request of the day has donned your computer screen, or someone actually thinks you are worthy of a phone call or email requesting a lawyer to save their life or fortune, let’s just agree to stop being wimps and meaninglessly passing along names, and start giving real referrals.
I know, you were taught this. You never give one name. Why? Because what if it doesn’t work out? Then you’re going to have some sort of imagined problem that someone told you could be very, very bad.
And yes, I know, people like choices. You feel like you’re doing them a service by giving them lawyers from which to choose. But you’re not. You’re just uselessly giving out names.
One of the deep, deep dark secrets (shh) of being successful in small-firm world is your ability to be more than just a paper-pushing, time-keeping drone. The ability to be a “connector” is just as — or more — important than your ability to practice your trade. If you are in a niche practice, there are more people who won’t need your services than will, but that doesn’t mean they shouldn’t have a reason to call you — like the reason that you are the one person who always gives them the best referrals.
Have you received those emails? “I know you don’t do this work, but you always seem to put me in touch with the best people, so I’m now looking for _______.”
When Chintan Panchal decided to leave a global BigLaw partnership to start his own firm, he could only hope that he would face the high-quality problem of firm building that many had cautioned him about. Focused on the uncertainty surrounding of a new firm launch, he decided to tackle staffing needs, IT challenges, and financial planning requirements after he had built up his legal practice.
Panchal Associates LLP–a corporate/finance and outside general counsel boutique–was quickly off to a great start. Clients and matters were flying in the door, and Chintan soon had a team of lawyers and staff with a variety of operational needs. To continue building an excellent team and provide them with a competitive benefits package, to expand his physical presence to include a European practice and additional partners, and to scale his operations and IT capabilities to support this growing enterprise brought with it demands of time, money, and expertise. Chintan knew he needed help.
“With the assistance of NexFirm, we have upgraded the capabilities of our firm to meet, and in some cases exceed, the standards we were used to at our former BigLaw firms. Operationally, we can now attract and service clients we didn’t have the bandwidth to support in the past, and continue to build our team with the best and brightest legal talent in the industry,” said Chintan Panchal, adding “It has worked out quite well in our case; NexFirm is an essential partner for us.”
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…
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@example.com.
We currently have a very exciting and rare type of in-house opening in China at one of the world’s leading internet and social media companies. Our client is looking for an IP Transactional / TMT / Licensing attorney with 2 to 6 years experience. The new hire will be based in Shenzhen or Shanghai. Mandarin is not required (deal documentation will be in English) but is preferred. A solid reason to be in China and a commitment to that market is required of course. This new hire will likely be US qualified (but could also be qualified in UK or other jurisdictions) and with experience and training at a top law firm’s IP transactional / TMT practice and could be currently at a law firm or in-house. Qualified candidates currently Asia based, Europe based or US based will be considered. The new hire’s supervisors in this technology transactions in-house team are very well regarded US trained IP transactional lawyers, with substantial experience at Silicon Valley firms. The culture and atmosphere in this in-house group and the company in general is entrepreneurial, team oriented, and the work is cutting edge, even for a cutting edge industry. The upside of being in an important strategic in-house position in this fast growing and world leading internet company is of the “sky is the limit” variety. Its a very exciting place to be in China for a rising IP transactional lawyer in our opinion, for many reasons beyond the basic info we can share here in this ad / post. This is a special A+ opportunity.
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