legal sanity

When it comes to continuing legal education (CLE), most of us think in the very black and white terms of meeting our state’s mandate. But, my thinking has been colorized a bit by the convergence of three forces:

• A Ms. JD post on extending legal education
• Recent coverage of the Association of Corporate Counsel’s new ACC Value Index (allowing/encouraging its members to "share ratings of law firms based on client satisfaction")
• Dispute resolution expert Diane Levin’s compelling look at self-awareness.

As I’ve been exploring here for a while, the recession-driven shake-up - along with other changes in the legal profession and larger cultural shifts - have created an unprecedented opportunity for us to remake our legal services. The first step in this redesign process is to set our foundation. This is a composite of our own interests, skills and strengths and the interests, needs and concerns of the people we want to help.

Establishing this base involves a good amount of self-study. Beyond spending time in self-reflection, we can gather input from trusted colleagues and friends. We can also tap the wisdom of experts and influencers outside the legal profession (here a list to source courtesy of Inc.). For example, Seth Godin offers these insightful posts:

• Everyone is clueless
• Help your customers avoid taking responsibility
• The why imperative

We can also gain some perspective from this Fast Company article on redesigning the worst NFL helmet graphics and this NYT piece on reinventing America's cities.

 

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For the last few years, I’ve devoted a lot of space here to the idea and practice of client-centricity. You can sample my take on the topic via posts like these:

evangelizing legal service delivery 

client experience management 

legal service delivery: what controls the client experience 

are you remarkable?

client centered care 

(re)designing legal service delivery around the client experience (introducing my legal sanity mentor series

why it’s a great time to be a village lawyer 

I based these posts on insights gained from business and marketing experts outside the legal profession. But, client-centricity isn’t unknown in the law. To the contrary, our profession is firmly rooted in this kind of intimate, human-to-human service. Arguably, like the mom and pop shops on main street, it was a norm until larger market forces emerged in the form of BigLaw and the billable hour.

Given our rich history, I prefer to look at client-centricity as a lost art that’s poised for rediscovery now that the legal profession is shifting under the weight (or, jolt) of the economic downturn. As we reclaim this part of our past – and adapt it to a new generation of clients – we can take some tips from articles on creating client-centric services, including a recent one from Business Week on The Art of the Soft Sell.

The article discusses the customer-centric, or consultative, sales process that’s based on “showing how your product or service can help solve a customer's problem.” One of the quoted experts is my friend and colleague Adrian Miller, founder of Adrian Miller Sales Training. According to Adrian, "Consultative salespeople are problem solvers and conceptual thinkers and tend to look at the big picture."

If you want to learn more about offering client-centric legal services as an adept problem solver, stay tuned for my interview with Adrian Miller in the next installment of the legal sanity mentor

 

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Last week, I discussed why clients and prospective clients view lawyers as commodities. I suggested that we can avoid this type of identity crisis (yes, I think that being labeled a commodity is not a good thing) by taking some time to figure out what the people we help really want from us beyond fairly priced services.

I found some good guidance and inspiration on this front in a remarkablogger post titled Why You Are Not A Service Provider. In it, blogger Michael Martine notes that consumers of services “suffer from pain, but it’s more of a situational, logistical, or anxiety-based kind of pain. Our clients don’t necessarily want services. [ ] They want their problem to go away—preferably with as little involvement as possible on their part.” He goes on to suggest that we, and our businesses, will fare much better if we think of ourselves as “problems solvers” rather than “service providers.”

Martine adds some meat to this anti-commodity bone in a related post on How to Be a Godsend. He suggests that answering this “one simple question” can make our practices thrive: What is the painful and protracted problem you solve? When you solve this kind of problem (or, these kinds of problems) for your clients, you’re a godsend in their eyes.

For some additional insight into ways to avoid the commodity label, you can read Anthony Tjan’s recent Harvard Business post on the way small companies succeed by infusing their customer service with common sense and empathy.

If you’re in the NYC on November 5, 2009, you can gain practical tips on being the problem solver your clients need by participating in the New York City Bar’s Sixth Annual Law Practice Management Symposium. This year’s event offers a range of workshops on Jumping In and Staying Afloat in Your Solo or Small Firm Practice. I’ll be speaking as part of a plenary session on Cultivating Work-Life Synergy.

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Through my daily reads, I tapped into an interesting conversation about the commoditization of design services. One point that stood out for me is how the traditional client-provider relationship gets flipped when the service and its offerer are seen as commodities. As one observer puts it: “Suddenly a client can define all aspects of a job from price to design, causing the designer’s role to change from that of a professional to that of a technician.”

This isn’t a wholly client-led phenomenon. It’s been fueled by the advent of online job boards and tournaments as well as a proliferation of designers who are quick to lower their rates in order to book the job.

Of course, this flip isn’t unique to the design world. As I’ve posted here before, a lot of people believe that lawyers are unremarkable and interchangeable. According to a Chicago Lawyer article on law as a commodity, there may be something to this since technology has taken the craft and nuance out of many tasks lawyers routinely undertake.

Some lawyers might not mind being considered commodities. Certainly, you can try to build and sustain a business on a platform of out-pricing the competition. But, my guess is that many more of us bristle at the commodity label. We want to be valued for more than just a competitive rate. We want to be recognized for the high quality of the services we provide our clients. So, what do we do to get the valuing and recognition we want and deserve?

One way is to get a better fix on what the people we help really want from us. Yes, they need fairly priced services. But, according to a range of experts, they’re also looking for service providers who share their interests, needs and concerns – who are part of their tribe. Putting his spin on the issue, marketing expert John Jantsch encourages us to pierce the commodity veil by giving clients what they’re hungry for: Community, experience, information and transformation.

 

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Due to the summer posting hiatus, it’s been a little while since the last installment in my series of posts on redesigning legal services around the client experience.  

I’ve always been a proponent of the idea that it’s really hard for unhappy lawyers to provide great client service. To put it another way: The lawyer experience and client experience are two sides of the same coin. You can get a good sense of what I’m driving at by sampling some of my archived posts on the subject:

lawyer experience management 

creating a firm culture that enhances the lawyer experience 

lawyers as user-innovators

can law firms change to meet user demand?

With the recession-fueled law firm shake-ups, the lawyer experience has become a front burner issue for many displaced practitioners as they contemplate their next professional steps.

Kathleen Brady is an expert in career planning for lawyers. I first met Kathy when I was a student and she was Assistant Dean of Career Services at Fordham University School of Law. I asked her to dialogue with me about her work with lawyers going through career transition.

AH You must be busy.

KB Yes, I’m incredibility busy doing outplacement work for law firms.

AH Is it frustrating? How do you deal with fact that there are more lawyers than jobs?

KB We’re not head hunters, so our success isn’t measured by the number of jobs we help people get. Rather, we help lawyers move through the transition process.

AH I like that, helping people through a process. What emotions do you come across?

KB Emotions across the board – from truly relieved because they hated what they were doing to shocked, devastated and appalled because they did everything they were supposed to do and still find themselves out of work.

AH How do you help people deal with the emotions?

KB It’s really important to let them feel what they’re feeling and work through that. If they don’t, the emotions come out at the worst times, like, during job interviews.

AH What does it mean to let them feel what they’re feeling?

KB  It means encouraging them to express their feelings – to vent, cry, etc. We let them know it's OK to be emotional. But, the key is to not let them get stuck in their emotions. To prevent this immobility, we help people focus on effective steps they can take to move forward in their career. That said, when people present additional issues – such as depression, eating disorders or substance abuse - it’s important to recognize the limitations of your counseling abilities. A few psych courses in college or grad school doesn’t qualify me, or most other career counselors, to address those issues. You have to know enough to know when you need to make a referral.

AH  What’s the biggest challenge to getting lawyers-in-transition to experience and embrace this forward momentum?

KB The biggest challenge is convincing them that the job loss, especially a layoff, isn’t personal. It’s challenging because there’s nothing more personal than losing your job. This is where support groups and other resources (bar associations, alumni groups and virtual communities) are vital. Being able to see the common ground, how the recession is hitting everyone, makes it less of a personal slight.

AH Is there a silver lining here when it comes to the lawyer experience?

KB Yes there’s a huge one; particularly for new lawyers. Before the most recent recession, many lawyers moved into their careers without thinking about long-term goals. After a few years, they’d look up and realize they were miserable. Then, they would go through a process of figuring out what they wanted from their career. This process of taking a hard look at your career is happening en masse now and it’s a good thing. Lawyers have a chance to be more deliberate in how they shape their career in the law or on a more non-traditional path.

AH Is there one skill that’s vital to successfully navigating this path to a positive lawyer experience?

KB I’d say networking and business relationship skills are vital. For example, many lawyers spend all their time searching for a job on the internet. They send out 500 resumes to little or no avail. The best way to find a job is to use all your resources. If you see something online, find someone you know at the firm and get your resume to them. If you don’t know anyone there, use your network to make a connection. Connecting with people can be hard work, but it’s a great skill to hone because it’s the same skill set that helps you build relationships for business development and career advancement.

AH Any final words of advice?

KB Young lawyers need to reset their expectations. Some still are convinced that they need to work at the biggest and most prestigious firms. But, they really need to consider where they can acquire the skills they need to get where they want to be in the long term  They need to seriously consider: “Does this job take me closer to my dreams or take me away from them?”

Thank you, Kathleen, for helping us better understand how we can optimize the lawyer experience, even in these difficult times.

 

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As we were driving from one weekend activity to the next in our small New York suburb, my middle child looked up from her cell phone and, in an iPod-induced-too-loud-voice, said, “I love this town. It’s pretty, friendly and makes me feel safe.” I think she gave voice to what many of us feel and experience in our personal and professional lives.

When people engage lawyers – especially in contentious matters - they often arrive at our door feeling unsafe and insecure. As much as they want our legal advice and guidance, they’re also expecting that we’ll help them gain/regain a sense of safety and security. The problem is that many lawyers are unaware of their clients’ emotional needs. As a result, clients quickly frustrate and the attorney-client relationship becomes stressful and unproductive all around.

One good solution stems from knowing what it means to be a village lawyer. Put a bit differently, lawyers benefit from understanding what millions of people, including my daughter, so positively respond to about the villages in their lives. With that knowledge and understanding, we can focus on figuring out how to recreate that village sensibility for our clients’ (and our own) benefit. 

Addressing this topic, one of my favorite bloggers, Sonia Simone, writes that it’s a great time to start and nurture a village business.

While village businesses aren’t bound by brick and mortar or geographical limits, they are “personal, intimate, and human-scaled” and “serve a relatively small number of people.” Even if you’re a lawyer in a large firm, you can still be a village lawyer because you’re likely dealing with a small number of clients. As village lawyers, we share a common bond with our clients because we understand and relate to their common needs, interests and concerns.

When it comes to client service, Simone notes the importance of giving people “a place to get together. To know you better, and know one another better.” We can accomplish this virtually or face-to-face.

If you’re excited by the prospect of creating an online community for your villagers, you’ll find some thought-provoking considerations in this Social media Strategy Checklist by ClickZ’s Sean Carton. Chris Brogan enhances the dialogue by detailing 5 Things Small Business Owners Should Do Today Online.

 

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These last days of Summer, my kids are busy reuniting with friends and preparing for school. (Shockingly, I now have a middle- and high-schooler in the trio.) Their don’t-quite-know-what-to-do stir craziness is ironclad proof of the change that’s in the air. Truth is, it’s hard to segue into the Fall. The more laid-back Summer is a welcome respite from the normal work-life routine.

During my recent vacation, I had the chance to go through the virtual folder where I store ideas for blog posts. Here’s a sampling that resonated for me as I prepared to return home and re-engage my solo law practice. I hope it gives you a bit of fuel for the seasonal transition. As always, if you have any other ideas or stories to share, please send them along.

At Harvard Business, Peter Bregman tells us how we can benefit professionally by ignoring our gut and pausing before reacting. If you’re in the throes of a career change (or just fantasizing about a new day job) you can add a soundtrack to your endeavors courtesy of Steven DeMaio’s wonderful Quitter’s Playlist.

With a compelling visual aid, Spike at Brains on Fire reminds us that, more often than not, it’s the little things that make companies (and the people behind them) remarkable.

Over at AmEx’s Open Forum, Chris Brogan offers some great pointers for improving our email communications while Matthew E. May gives us some insight into honing our observation skills.

Those of you who find business inspiration in great design will enjoy this Fast Company selection of Tasty Design Treats for the Fall. And, if you happen to have lost touch with your inner child this Summer, Jenny Williams will help you reacquaint in the cool Fall air via her Wired article on 30 Classic Games for Simple Outdoor Play.

 

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Yes, I know. A lot of lawyers recoil at the thought of being salespeople. We develop business. We network. But, we don’t sell our legal services.

With the economy remaining tight and consumers becoming even more discerning, maybe the time has come to reconsider this hardline stance. Or, maybe it’s time to rephrase the question to make it a bit more palatable.

How about: What are your clients buying?

According to marketing expert John Jantsch; no matter what’s in the sales hopper (greeting cards, HVAC supplies or legal services), “at the end of the day, [people] buy some variation of the same five things.” They buy products and solutions that:

• Make them more money
• Save them more time
• Allow them to avoid the frustration of doing stuff they don’t like
• Help them save or not lose money today and in future
• Help them feel better about themselves

Jantsch goes on to note that we can focus our energy on just one of these selling points or “come up with ways to mix and match” them. Of course, no matter how we decide to go, we need to have a solid sense of who our clients are and the problems they have that we can and want to help them solve with our legal services.

If you need some insight into the psyche of today’s consumers (a/k/a our clients), this article on recession-proof products offers some good food for thought (think chocolate and alcohol).

 

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When it comes to the topic of (re)designing client-centric legal services, I’ve found a muse in Spike Jones. One of the visionaries at Brains on Fire, a company at the crossroads of identity development and word of mouth marketing, Spike helps organizations build movements.

Having drawn from his observations a bunch of times, I was delighted to have the chance to talk to Spike about his work and how it relates to the law. We opened the conversation by recognizing that we’re kindred spirits of sorts in that lawyers belong to the #1 most mistrusted profession while advertisers rank at #2.

AH: What’s the essence of your work at Brains on Fire?

SJ: We specialize in creating word of mouth movements by helping organizations roll up their sleeves and forge deep connections with their customers and employees.

AH: Can this work for modern-day law firms?

SJ: Well, I’ll use our company as an example of why it can. Marketing firms, even niche ones, are commodities. For each one, there are thousands of others doing the same thing. At Brains on Fire, we differentiate ourselves by trying really hard to make sure people know who we are and what we stand for. We got rid of time sheets, which are standard in our industry. This was huge. We try to embrace our kindred spirits by offering resources to a range of people - even those who won’t end up working with us; even our competitors. Differentiation happens when people come to you because you’re the thought leader who has new ideas and is trying new things.

AH: I can see this approach working for a smaller law firm. But, I wonder if it can work for bigger firms.

SJ: It can. Big companies like Microsoft are doing it. We call it opening the kimono. They’ve given hundreds, if not thousands, of their employees the freedom to blog on company time. In this way, they’re connecting with customers, each other and others in very authentic and meaningful ways. They’re letting people see Microsoft for the bumps and bruises it has, as well as the stuff it does really well. Southwest Airlines has a similarly open company culture. It starts on the inside, with this willingness to give individual employees their voice.

AH: This kind of transparency, this willingness to expose bumps, bruises and missteps, doesn’t seem to exist right now in the legal profession. Firms are very guarded and, at best, give their lawyers limited freedom to blog on the firm’s time.

SJ: This is huge. Companies are made up of people and people are fallible. When you go around saying “our company never messes up,” people see right through that and they can’t wait for you to mess up because then they can call you on it. So, if you say, “look, we don’t do this well, but the only way we can get better is with your help,” this is a refreshing entry into a conversation that goes on with or without you.

AH: I love that “we need your help.” It’s a wonderful way for law firms to engage their clients and employees. These are people who want to step up and be valuable and important.

SJ: Yes, and this plays into the point that there’s a need inside people to be part of something that’s bigger than they are. The firms who figure this out win. You’re no longer a law firm made up of lawyers, you’re a law firm made up of people. And people connect with people.

AH: Yes, that’s right. When you connect with other human beings in meaningful ways, you’re no longer a commodity. You’re a service provider in the true sense.

This was a very inspiring dialogue and I thank Spike for offering his insights on how law firms can engage clients and employees to ignite a movement.

 

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At this very moment (and now …. and now), thousands of lawyers are wondering where to go and what to do next.

You’ve been laid off.

You just graduated law school and can’t find a job.

You’re an associate in a firm where morale is at rock bottom and you never see daylight.

Finances, family obligations, pride and other real and imagined forces compel you to take some sort of action.

So, you weigh your options: You can network (on social sites and old school). You can identify and build your personal brand. You can go solo and start your own practice. Or, harnessing you interests, passions, concerns and lawyer skills, you can lead a tribe and create a movement.

According to thinkers/experts like Seth Godin and Spike Jones, most of us – yes, including most of us lawyers - yearn to connect around common interests, goals and passions. People sharing this kind of common bond form a single, but scattered, tribe. Tribes are everywhere.

And, today, leadership is about recognizing a tribe (either because you’re in it or committed to its goals) and helping its members satisfy their desperation to connect. You don’t have to reach out to thousands of people at once. You just need to make the initial connection to a small group (Godin calls them the True Believers) and the next group will follow, and so on, bit by bit, until you have a genuine movement.

So …

If you’re a lawyer who’s navigated the difficult road to adopting a child overseas and are passionate about helping others involved in that journey, there’s a tribe for you to lead in your personal and professional capacities.

If you’re a cycling enthusiast who’s seen one too many preventable accidents that caused major injuries, there’s a tribe for you to organize and lead by engaging your legal skill set and other talents.

If you’re a lawyer who loves animals and believe that they deserve to be treated humanely in life and after, you have a tribe that’s waiting for your leadership and the positive change that can come from it.

Whether you lead your tribe as a solo practitioner, a partner in a boutique firm or a biglaw associate, the opportunity is there to challenge the status quo, build a culture and forge a career path that’s rewarding on many levels.

If you want to learn more about tribal leadership and igniting a movement, you can watch Seth Godin’s TED conference talk and read his interview with Brian Clark of Copyblogger.

Later this month, I’ll post on the dialogue I recently had with Spike Jones as part of my Legal Sanity Mentor series on redesigning legal services around the client experience. In the interim, you can read the ChangeThis Manifesto his company, Brains on Fire, just published on Igniting Word of Mouth Movements and this follow-up post.

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