legal sanity

The other day, I was on the phone listening to a caller I didn’t know talk about a banking service I didn’t need.

As my mind wandered to my long todo list, I started losing patience and getting annoyed with the caller and the person who had made the introduction. I decided to cut the conversation short by thanking the caller and extending an invitation to a fundraiser I was hosting to support relief efforts in Haiti. 

Suddenly, everything changed. 

The caller, Jefferson Crowther, responded to the invitation by telling me about his life commitment to The Welles Remy Crowther Charitable Trust, which he formed in memory of his son, who was his “closest friend in the world.”  For the next 30 minutes, I listened with rapt attention as Jefferson shared the story of Welles’ extraordinary heroism on September 11, 2001.  

A 24-year-old equity trader, Welles was working at the World Trade Center as the horrific events of the day started to unfold. Instead of fleeing the building, he spent the last hour of his life saving others. As chronicled in the New York Times, his courageous acts were characteristic of a man dedicated to being the best person he could be and helping others do the same. 

I’m sharing this with you for two reasons.

First, it’s just one more reminder of the importance of truly getting to know people. Because of my own busy-ness and impatience (among other not-so-good qualities), I had quickly sized up Jefferson as someone who was irrelevant to me and my work in the law. Of course, he proved to be an immense inspiration. But, beyond that, he helped me reconnect with myself as a human being and a lawyer who wants to serve people in meaningful ways. 

Second, I’m sharing this because the Red Bandanna Skate, an annual hockey fundraiser held in Welles’ memory, is coming up on March 20, 2010. It runs from 5-7 pm at Sport-O-Rama Ice Rinks in Monsey, NY. Proceeds from this event go to wonderful causes. Your contributions will mean a lot to Jefferson and the many people who will benefit from your generosity.

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In my last post, I mentioned that I was participating in a Haitian earthquake relief fundraiser organized by my brother, Steven Herz, and his team at New York’s If Management.  

On only 48 hours notice, over 200 people attended the event last night and raised more than $3,500 for relief work being done through the nonprofit Esperanza International Foundation. NBC News correspondent Jenna Wolfe spoke poignantly about her experiences covering the disaster. She left us with a deep impression that the images we see every day can’t possibly capture the real human toll and devastation in Haiti.

The evening’s tremendous success is a tribute to the generosity of many. It also evidences the importance and power of building and nurturing a vibrant business network. My brother has always been a skilled networker. But, much more than that, he’s always channeled this talent to benefit and uplift others.

If you’re interested, you can learn more about Esperanza’s Haitian disaster relief initiatives here and can make an online donation here.

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The other day, I attended my son’s holiday celebration in his third-grade classroom. To capture the true spirit and meaning of the season, the kids took turns standing up in pairs and reading narratives about one another.

These weren’t fill-in-the-blank recitations. They were insightful and moving reflections. With their teacher’s guidance, the kids had taken the time to see and chronicle the world through their classmates’ eyes. This, of course, left nary a dry eye among us parents.

In my last post, I suggested that lawyers can benefit from seeing matters through our clients’ eyes. This requires us to set our own preconceptions aside. As John Baldoni notes in his recent post at (the just-revamped) Harvard Business Review, it also requires us to keep our egos in check.

Adding to the conversation, Seth Godin comments that gaining and keeping this other-focus can be tough when we’re so used to trying to get people to see things our way. (Lawyers are, after all, in the persuasion business.)

But, it can be done.

Pamela Slim offers us some pointers in a recent post on creating a client-centered, natural business model. Like Kathie Conway of Brains on Fire, you might also find that sharing personal stories is a direct route to learning about the people we work with and want to work with.

On the flip side, some suggest that you can’t really know others if you don’t have a strong sense of who you are. Those in need of some guided self-reflection can start with Seth Godin’s engaging 8 questions and a why.

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My longtime client, artist Pamela Lawton, recently showed her abstract paintings of New York City's modern architecture at an exhibit called Liquid City. Describing her work, Pamela says: "It's almost an 'intervention,' that's sort of an art term that people use to talk about taking something ordinary and conventional and altering it in some way. By noticing something obscure and distant and beautiful, I think it gives a different dimension to the neighborhood."

Taking something ordinary and conventional and altering it in some way.

These words really strike a chord with me since I’m always considering how lawyers can add a different dimension to the profession’s ordinary and conventional mode of client service. I’ve posted before that this kind of intervention requires us to see things through our clients' eyes and get to the heart of what they want and need from us and the law.

But, like other kinds of real-world interventions, this isn’t a simple or an easy proposition. Most lawyers and law firms are set in outmoded ways. Blogger Jim Hassett – who regularly posts on the topic of alternative fees - frames the problem out nicely in a series of posts on the profession’s addiction to the billable hour. At his blog, Patrick Lamb adds some insight in posts on firms raising their rates and being blind to fundamental market shifts.

For lawyers willing and able to shift perspectives, there’s a lot of inspiration out there. I first learned about William Kamkwamba, The Boy Who Harnessed the Wind, from a moving segment on The Daily Show with Jon Stewart. Blogger Carolyn Elefant picks up the story to encourage lawyers who are “put out by the economy” or otherwise “feeling trapped in the [ ] lawyering grind.”

Seth Godin provides some more fuel for our client service intervention in his recent post on Boundary Makers. Finally, we can tap into the possibility of taking the ordinary and making it extraordinary by viewing this Fast Company slideshow on innovation in materials.

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This isn’t a post about politics. It’s about human relations.

As I’ve written here before, as lawyers, we’re in the business of human relations. To do our job well, we have to connect with the people behind the legal matters we take on and provide meaningful solutions to their problems.

Connecting with clients in this way is not an opt-in exercise in cutting-edge legal service delivery. It’s what our savvy community of consumers expects and demands. As blogger Patrick Lamb recently posted, when these expectations and demands go unmet – when there’s a breakdown in human relations - the fallout can be pretty significant. The lines of communication are wide open thanks to Social Media channels and it doesn’t take much to spread the word.

President Obama experienced this fallout in the wake of the recent shooting at Fort Hood. He’s been roundly criticized for his insensitivity-in-action on the day of the tragedy and lack of compassion and emotion while addressing mourners at the memorial service. Online columnist Nick Morgan frames the issue beautifully in a Harvard Business post titled Why Obama Needed to Speak From the Heart.

Like the rest of us, President Obama needs to be more conscious of the vital importance of relating to the people he serves on an authentic, emotional level. This is human relations 101; a course of action – or, really, a way of being - that’s no longer optional in politics or in business.

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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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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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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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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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I think that most people would answer this lead question with a rousing, “There is none!” Or, if prone to sarcasm, they’d say that the only “wow” is the overwhelm they experience every time they open their lawyer’s bill. And, really, this should come as no surprise.

The legal profession has yet to produce the law firm equivalent of Zappos; Southwest Airlines (note: grab a tissue for this one); or Whole Foods. Nor are is there a legal service consumer equivalent of the devoted Fiskateer.

One silver lining in the current economic slump is that some firms are waking up to the need for client service innovation.

They’ll find some solid guidance in a recent study on great retail shopping experiences (pdf) [hat tip Knowledge@Wharton] and Peter Merholz’s recent post describing How Nintendo Delights Its Customers.

Additional insight comes by way of an article on Embracing Your Inner Customer (aptly highlighting Google’s compelling customer service mantra, “Don’t Be Evil”). One of my favorite bloggers, Duct tape Marketing’s John Jantsch, takes it from a different vantage point by asking: What’s Your Signature response to Problems?

Lawyers and law firms might be tempted to shrug off these examples of service innovation as irrelevant to the business and practice of law. But, that's just the easy out. If an airline, shoe retailer and supermarket can offer services that turn customers into raving fans, why can't a law firm?

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My introduction to Jason Mendelson came by way of a compelling how-to blog post he wrote titled: Quick Ways To Get Fired as a Lawyer. From the first read through, it's clear that Jason knows what he’s talking about. As a self-proclaimed “recovering lawyer” and successful VC with his own company, Foundry Group. he’s gained insight into the best and worst of legal service delivery from both sides of the fence.

Through the wonders of six-degrees-of-separation (many thanks to Debbie Huttner and Michael Huttner), I connected with Jason and had a lively discussion on the topic of re-designing legal services around the client experience.

AH: How many lawyers have you worked with over the years?

JM: 2,000-3,000.

AH: What percentage of these lawyers were excellent?

JM: 5%

AH: What makes a lawyer that pretty rare kind of advisor that inspires client evangelism – someone who provides such meaningful service that clients voluntarily shout his or her praises?

JM: I think it’s a combination of factors:

1.   Team Feeling/Proactive Representation: You want to get the sense that your lawyer is part of your team and interested in your business. You want them to be there for you and thinking about you/your business when you need them to, and also thinking about you/your business even when you don’t need them for a particular matter. This sounds obvious but it rarely happens.

2.   Consistency: This means not swapping out people. For example, in the initial meeting, you meet with certain lawyers, you build rapport and a connection with them and then you end up with different lawyers working on your deal. 

3.   Creativity: If you can think creatively and strategically on how to manage the legal issue in an efficient and effective way, you will get into the Lawyer Rock Star Hall of Fame.

 AH: That gives us a good sense of the lawyer’s side of the coin. Are clients at all responsible for creating their own positive experiences with legal service consumption/delivery?

 JM: The irony is that people who hire lawyers have no idea if the lawyer is any good. I give entrepreneurs 5-6 questions to ask potential lawyers when interviewing them. But the truth is that any lawyer can get past those questions. The best is to ask present or former clients of that lawyer/law firm and to ask other lawyers who have worked with the lawyer on opposite sides of a deal or dispute. Lots of lawyers can get a great reference, show up and woo you in a board meeting but then they don’t really know how to get the work done. They don’t do quality work.

So, yes, I think the client has some responsibility for ensuring their own positive service delivery experience. I riff on this in my Lawyer Bill of Rights. If a client doesn’t follow it, the client has no right to complain.

Thanks, Jason, for lending your insights into client experience design and helping us build legal sanity.

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Chrysler has let me down big time. I know, you’re probably thinking, “take a number and get in line, it’s a long one.” The company’s financial woes are already old news. But, that’s not what this is about.

This about the 2008 minivan that my kids practically live in. The subject of multiple recalls, it’s currently without A/C due to a defective hose. Chrysler knows about the problem and admits responsibility under its warranty. But, according to my dealership, the company just can’t keep up with the vast demand for replacement hoses. So, it’s been a waiting game. And, by some twist of coincidence, it’s been unseasonably hot on and off here in NY. The sizzling metal and glass box breeds major kid (and parent) crankiness, even with all the windows down. The summer months stretch out ahead.

Although the dealer claims that we’re next on the list when a hose shipment comes in, Chrysler has done some serious damage to a once solid customer relationship.

I can’t help but wonder how Chrysler would respond if it were a fly on the virtual wall that I post this on. Maybe it could take some guidance from Spike at Brains on Fire and embrace the upset it’s generated by producing a faulty A/C system and, then, not fixing the problem promptly. Or, maybe it’s a matter of fessing up to its own vulnerabilities as a company or asking whether it’s easy to deal with as a service provider (article courtesy of my business associate, Adrian Miller).

I’m sure there’s some room for making amends or, at least, stemming the tide of defecting customers. Come on Chrysler, take a look at yourself and ask, “where’s the love?”

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In my last post, I noted that we’ve entered a new age of radical transparency in which businesses must be keenly aware of their consumer community (or, communities) and make it easy for community members to offer feedback and comments. For most law firms and lawyers, this requires a big shift towards understanding, valuing and heightening the client experience.

I recently spent some time talking to law firm consultant Gerry Riskin. A co-founder and principal of Edge International, Gerry is a widely recognized expert on managing professional service firms. He shares his views at his terrific blog, Amazing Firms, Amazing Practices, and via Twitter. I asked Gerry for his thougts on client experience management.

AH: How important is the client experience?

GR: It’s extremely critical and I base that on what people have reported to me about firms they’ve worked with. For instance, the general counsel of a huge financial institution hiring literally hundreds of law firms described his favorite firm this way: “When I get there, the receptionist greets me by name and offers a decent refreshment. There’s good, current reading material in the waiting area. The person who I’m there to see comes out promptly. But, even before that, other people come along and say hello to me while I'm sitting there.”

AH: So, his experience didn’t turn on the quality, quantity or price of the legal advice he received.

GR: Right. And let's be honest, if he was in Buenos Aires and needed immediate brain surgery and the one and only brain surgeon in Buenos Aires was a jerk, he would use that jerk brain surgeon because he had no choice. But, when it's anything that more than one person can provide of equal quality, it comes down to the experience. I think – and I will include myself here - all of us would like to think of ourselves as having expertise, as being special and particularly knowledgeable. We don't like to think we're easily replicable. But, the truth is in most respects we're not unique.

AH: So, given that most firms and lawyers are indistinguishable in terms of their expertise, client experience becomes a key differentiator?

GR: Yes. And I don’t base my theory on that one example. It’s a common theme. In fact, on a recent plane trip, I sat next to next to a billionaire who's on the board of many pharmaceutical companies. I asked him to tell me about the law firms he likes and doesn’t like. Anyway, the punch line is, here is a powerful, powerful, powerful man whose biggest complaint about a law firm is his reception area experience and what he perceives to be the arrogance of partners walking through without bidding him good day. And, I bet those partners who walked by without acknowledging him were completely unaware of what they were doing (or not doing).

AH: So do you have a couple of nuggets of advice on what it takes to create the optimal client experience?

GR: Well, at the highest level of abstraction, you need to have complete empathy. Ask, “If I were the consumer of this service, what would I want?” The challenge is that we get blind spots based on familiarity. So you need fresh eyes and the best source of fresh eyes is your clients. Ask them: “Of all the law firms you've ever been to, of all the lawyers you've ever worked with, what do you like best and what should be done differently?” That allows your clients to be very candid without attacking you or your firm. You can also transpose your own experiences. Lawyers use other services, lawyers get annoyed by bad service here or delighted by good service there. Take a moment and analyze what makes your experience good or bad. Then ask the next question: “Do we do any of that in our environment?” Last, but of course not least, is training. Knowing is not doing. But, people have a very hard time getting that. They think once they know about something, they’re doing it. It's like listening. My wife says I should listen to her better so I think, oh, okay, I know the concept of listening so I'll listen to her better. But, it's not until I practice it, maybe get trained in it, maybe understand the structure of listening that I really listen better. 

AH: Gerry, you’ve offered great insight into the client experience. Thanks so much for helping us cultivate legal sanity.

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I’ve been interested in psychologist Daniel Goleman’s work since reading his book on Emotional Intelligence years ago.

Along with thinkers like:

Dan Pink 

Hugh MacLeod 

Kathy Sierra 

Chris Brogan

Tim Sanders 

Pam Slim 

Goleman has inspired me to look at the legal profession through a broader social-cultural lens.

As a culture, we’re becoming more and more right-brained in orientation. We now place a premium on authenticity, emotion, creativity, meaning and honesty in our personal and professional interactions.

In a recent post for Harvard Business, Goleman writes that consumers are calling for a new kind of openness - a radical transparency that “converts the chains that link every product and its multiple impacts — carbon footprints, chemicals of concern, treatment of workers and the like — into a force that counts in sales.”

To keep up with this demand, Goleman notes, businesses should engage their consumer community (in the law, this would be a firm’s clients, lawyers and non-legal staff) and make it easy for community members to offer feedback and comments. If they drop the ball on this front, big brother is ready to step up in the form of open mike watchdog sites like GetSatisfaction.com.

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If you’re a regular reader here, you know that I devote a good bit of this space to nurturing the conversation on the lawyer-client connection. I take a bit of an unconventional approach by tapping into similar dialogues going on in other industries and disciplines - like design, health care, business management, marketing, music and non-profit development. Really, anywhere there are customers/constituents/clients, you’ll find vibrant discussions about offering them meaningful, relevant and engaging experiences via products and services.

Like thousands (millions?) of others, I gain a lot of insight on this front from marketing expert Seth Godin. Some time back, in a post titled 1000 true fans, he pointed to Kevin Kelly’s popular article by the same name.

According to Kelly:

A creator, such as an artist, musician, photographer, craftsperson, performer, animator, designer, videomaker, or author - in other words, anyone producing works of art - needs to acquire only 1,000 True Fans to make a living. A True Fan is defined as someone who will purchase anything and everything you produce. [ ] True Fanship is doable. Pleasing a True Fan is pleasurable, and invigorating. It rewards the artist to remain true, to focus on the unique aspects of their work, the qualities that True Fans appreciate. [ ] Instead of trying to reach the narrow and unlikely peaks of platinum hits, bestseller blockbusters, and celebrity status, [you] can aim for direct connection with 1,000 True Fans. It's a much saner destination to hope for. You make a living instead of a fortune. You are surrounded not by fad and fashionable infatuation, but by True Fans. And you are much more likely to actually arrive there.

While Kelly works his theory with creatives in mind, I think it applies to lawyers, especially solos. It strikes me as a second cousin of the customer evangelism theory (pdf) I’ve visited (and revisited) here - the idea (and reality) of offering such great service that your clients shout your praises until the rafters ring (or permanently ink your name on their bodies).

The challenge, and opportunity, is to figure out how to nurture and support our True Fan base. I’ll try to shed some light on this in future posts.

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Authentic. Transparent. Human.

These three words come up again and again in conversations about creating and sustaining business relationships in the current marketplace. For lawyers, this really isn’t about a new way of relating to our clients, prospects and colleagues. It’s about getting back to our roots as service providers and connecting with the people behind the legal matters we take on. The practice of law has always been about helping people solve problems, overcome challenges and meet goals. But, somewhere along the way, the legal profession (with the help of law schools) lost sight of its human nature.

Over the years, I’ve posted on the importance of bringing ourselves back to our work so we can authentically relate to our clients and others:

• Finding ourselves in our work  
• Self-awareness in the practice of law
• What lawyers can learn about the power of authenticity
• Making the connection
• Mutuality in business relationships

In his new book, Fuel the Spark: 5 Guiding Values for Success in Law & Life, Colorado attorney Kevin Houchin shares practical wisdom on cultivating an authentic life in the law. Legal Sanity Co-producer Lori Herz asked Kevin for his thoughts on (re)designing the lawyer-client relationship for a better client experience.

LH: You set out five guiding values in your book: Accept; Show Up; Pay Attention; Many irons In The Fire; and Stewardship. They’re all relevant to cultivating a meaningful life in, and outside of, the law. But, I’d like to focus on the first one – Accept. In the chapter on this guidepost, you write something that I find particularly compelling:

“There are many things about the legal profession you must simply accept because you cannot change them. But there are also many things you can change because you control your outlook, your goals, and your choices. To maintain balance in your practice and your life, you must first identify what you are willing to accept and what you are willing to accept the responsibility for changing.”

How do you think this pertains to the way lawyers can connect with clients and others in everyday practice?

KH: The possibilities here are as endless as the combinations of lawyers, clients and matters.The first level of this value aims to help us think about the types of cases we take on and what that means to society. For instance, I don't accept criminal or divorce cases. Accordingly, since I don't accept personal responsibility for changing those situations for those clients, I have accepted to let those situations exist as they are - hoping other attorneys will accept the responsibility to take the necessary steps to help society.  

At the next level, we can choose how we will interact with our clients, but it's important that we don't judge either our clients or ourselves too harshly. Each client is different, some are very business-like and don't want a lot of small talk, especially if they think the "clock is running.” Others simply want someone to listen to their full story and empathize, even if we could jump in with the answer after only a few minutes. I talk a little bit about this in the section discussing my theory that to receive respect from our clients and peers, we must first surrender our instinct to judge.

LH: Yes, in that section you encourage us to identify what we must surrender in order to receive the changes we want in our law practice. As an example of this surrender-to-receive dynamic, you write:

“When you surrender judgment, you automatically open up to the possibility that the other person is worthy of respect. In turn, that makes it easier for the other person to open up to the possibility that you are worthy of respect.”

I really like this couplet. I call this “mutuality” in business relationships – a genuine kind of give and take. Is this what you’re getting at?

KH: "Mutuality." I like that word. I hadn't thought of it exactly that way, but it works. To some extent, we have to put ourselves emotionally in the trenches with our client's immediate challenge. When they know that we are with them emotionally, as well as physically and intellectually, something changes. The trust deepens. As I discussed before, I don't take on criminal cases because I don't know if I could let myself be that open to the client in those situations. That's just me. The important thing is to know yourself well enough that you do your best to only take on cases where you are able to form this kind of emotional bond with your client. It helps you be a better lawyer, and on a practical note, it will shorten the time it takes to get paid for your work because the client knows you're not just helping them for the money.

LH: To surrender our judgment in the lawyer-client relationship, we need to really listen to our clients and not talk over and around them with a deaf ear. This syncs with another of your guiding values – Pay Attention. You write:

“We sometimes deal with clients during very difficult times in their lives, so paying attention to how they are saying something may allow you to alleviate some discomfort, heal some harm, remove some shame, and get to the bottom of the problem.”

Can you share a personal experience with this?

KH: The simplest thing happens fairly often in my office because I'm a true solo and do not have a receptionist. The phone will ring in the middle of a meeting and my client might look at me with some surprise that I don't move to answer it. This gives me a chance to let them know that I'm paying attention to them in the moment. Take it a step farther and you're squarely in the active-listening techniques. In those active listening situations, you find the chance to make the emotional connection.  Showing that you have personally made the same mistake the client made in a situation, letting them know they aren't stupid, or that others have done the same thing pretty often removes their shame and fear and helps you start solving the problem. The next step of paying attention is watching for ways to help your clients when they're not in the room - referrals or becoming a fan of their product on Facebook are good examples. Following them on Twitter is another. Basically, becoming their friend instead of just their attorney will go a long way toward helping you be a better lawyer. It will also bring you more business and help you reach your own personal goals for success.

LH: Kevin, thanks for sharing your thoughts on client service and helping us cultivate legal sanity. We wish you all the best with your new book.

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Three Rules of Work: Out of clutter find simplicity; From discord find harmony; In the middle of difficulty lies opportunity– Albert Einstein

Spring. Passover. Easter. It’s the time of year when we’re reminded that we’re resilient by nature and can move through challenges to a place of renewal and possibility.

Just as we survey and fix up our personal space during a spring cleaning, we can take an honest look at our business practices and see what’s worn out, broken or just no longer useful. For many law firms and lawyers, this process will reveal some areas of client service that have fallen into disrepair.

As you assess the problem and weigh possible fixes, you can gain some inspiration and practical advice from these sources:

Five Things - Do them and Clients will Love You

Speak Your Customer’s Language

Is Your Brand Vulnerable?

Word of the day: Relevant

On being a chief evangelist

Who’s in Charge of Your Company Culture?

Roam Before You Pave

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I’m a big fan of lawyer mentoring and have given and received this guidance throughout my career. Although lawyers typically look to other lawyers to mentor them, I’ve learned a lot about business and service from people outside the legal profession.

With a nod to the value of cross-discipline mentoring, I’m starting a new feature today called the legal sanity mentor. Each month, experts and influencers across a range of fields will share their views on and around the topic of designing and delivering client-centric services.

As I’ve posted before, we’re living in an era of consumer control. Clients are no longer content to be passive recipients of legal services. They are active and educated co-creators who want us to understand and respond to them as human beings in need. The lawyers who will thrive in this new marketplace are those who place a premium on a positive client experience.

Lori Herz is legal sanity’s longtime co-producer and content director. She recently talked to Dan Formosa, an award-winning design expert and one of the founding members of Smart Design, about his firm’s approach to user-centricity.

LH: Where in your product design process does the consumer experience become relevant?

DF: It’s always relevant. We started Smart Design on the idea that design should be more about people than things. It’s important to consider the social science and psychology behind the design.

LH: How do you make the jump from that idea to reality?

DF: In our industry, people often focus on how the average person would use a product, often homogenizing people into “personas." It’s like designing things for imaginary friends. It’s very idealized. Instead, at Smart Design, we consider a wide range of people. Lately we’ve been taking the design process through a reality check that we call “6 Real People.”

LH: How do you engage the six?

DF: Actually, it’s not always six. It’s at least that many, but can be more. The point is to engage real people in a real dialogue about the products we’re working on. We photograph and videotape them talking about and using the products. We pay attention to their perceptions and reactions and really get to know them. When we talk about the products as a design team, we refer to these reality checkers and say things like, “Susan could do that, but George couldn’t.”

LH: So, since the beginning, you’ve built your design business around the user experience. I think that you broke some ground on an approach that’s now gaining momentum in the marketplace.

DF: Yes. The brand itself is no longer the lure for consumers. People make buying decisions based on other people’s experiences with a product or service (think Amazon or CNET reviews). In the design world, this creates amazing opportunities for innovating and making improvements on existing products. These same opportunities exist in other fields, like the law.

Many thanks to Dan for sharing these insights as a legal sanity mentor.

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I’m happy to announce that I’m launching a new feature here called the legal sanity mentor.

Each month, experts and influencers across a range of fields will share their views on and around the topic of designing client-centered legal services.

This is a topic – and a mission - that’s taken on a lot of personal and professional significance for me as I’ve grown my solo practice. It’s also gained a great deal of attention outside the law due to the advent of a consumer culture valuing meaning, positive experience and emotional connection.

I’m publishing the first post in this series next week. It’s an interview with Smart Design founder Dan Formosa (full disclosure: Smart design is my client). With products like OXO Good Grips kitchen tools and Ford’s new SmartGauge instrument panel to its credit, Smart Design has pioneered the art and science of understanding and designing for the consumer experience.

If you want to preview Dan’s insights and work, he’ll be today’s guest on Debbie Millman’s VoiceAmerica radio show, Design Matters. You can listen to the live stream at 3PM EST. For time shifters, it will also be available at iTunes.

I look forward to presenting the legal sanity mentor to you and, as always, welcome your feedback and suggestions about it.

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Here are two facts:

• There’s a client service deficit in the law.
• Lawyers tend to regard emotions – their own and other people’s – as irrelevant to their work.

At first glance, these two facts seem unrelated. But they’re actually closely (even intimately) connected.

Some time back, I posted on the interplay of emotions and client service in this new era of customer control. I linked to a ClickZ article citing a (then) new book by Dan Hill called Emotionomics: Winning Hearts and Minds. Launching from the premise that humans are primarily emotional decision-makers, the book discusses how emotions factor into our business opportunities in the marketplace and workplace.

Picking up on this point from a slightly different angle, in a recent post, designer and marketing mentor Peleg Top says, Go ahead, get emotional. Top notes that, in marketing (and, I’d add, in providing) our services, “an effective way to generate action is to tell a compelling story, one that hits your customer’s emotions.” Suggesting that most service providers miss this mark, he observes:

If you look at the majority of service companies [ ], the common story is all about who they are and what they do best.  If I’m the customer, why would I believe them? What would compel me to trust that they really know what MY problem is? What my needs are? No feelings are generated and I will pass over them without a second thought.

In this new economy, feelings are a main form of currency. It may require a leap into the unknown for many lawyers, but to build strong and lasting business relationships, we need to give our clients the emotional connection they’re craving.

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Over the years, I’ve written several posts comparing the client service lawyers typically offer with the patient care doctors usually provide.

One of the first discussed the humanism in medicine movement and a related medical school curriculum that encourages a more holistic approach to treatment – body, mind and spirit.

It doesn’t take much experience in the law (maybe just a few months in law school) to realize that the legal profession doesn’t place a premium on “treating” the person behind the matters we take on. To the contrary. We’re encouraged as students and practitioners to reduce human issues to a dry set of rights, rules and responsibilities. It’s all about applying the law to the facts.

Plenty of us eschew this model of client care. We see and value the human-to-human connections we make with our clients. This kind of connection is the subject of a recent New York Times article that asks, How Connected Are You To Your Doctor? In it, Dr. Steven J. Atlas, co-director of primary care quality improvement at Massachusetts General Hospital, notes:

By focusing on new treatments, new technology and instant access, we have undermined the patient’s ability to have a longstanding relationship with a doctor, to have a doctor who knows him or her as a human being. If all your primary care doctor does is order tests and make referrals to specialists, he or she will miss the fact that you are stressed out because you lost your job or your health insurance.

I think a candid, comprehensive study of the quality of client care in the law would yield similar observations. The question remains whether the profession is ready, willing and able to respond with widespread reforms starting in law school and continuing in law firms and other practice settings.

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If my recent posts on personal branding and remarkability in business left you hungry for more, baffled, or somewhere in between, here’s a follow-up that makes the same points in a different way.

In this interview, Zappos CEO Tony Hsieh shares this gem when asked what the company would look like stripped of its social Web presence: “I don’t think it would look that different. We’re not really focused on social media tools specifically. We’re focused on forming more personal emotional connections with our employees, our customers, and our vendors.”

Especially in this business climate, it’s well worth pondering what would happen if lawyers and law firms built their brands around the core principle of making personal emotional connections with clients, employees and colleagues. Maybe something like this.

If you’re still wondering how your clients will feel and react if you center your business relationship around them, check out this clip of a Southwest flight attendant addressing passengers (hat tip @chrisbrogan).

As Spike Jones of (one of my favorite blogs), Brains on Fire, observes: “[R]elationships are NOT a commodity. And never will be.”

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I grew up and live just outside New York City.

In the days and weeks after 9/11, I felt so sad. It was not just the personal loss I experienced. It was a more pervasive feeling that the world as I knew it no longer existed. My foundation of safety and security – the foundation I was working so hard to build and sustain for my young family – had been rocked.

At the same time, I couldn’t help but notice the sense of community and camaraderie that was rising. We’ve all heard and read moving stories of strangers helping each other and people’s amazing generosity of time, energy and spirit. As it was facing the reality of the day and trying to move on and heal, a culture of connection grew in New York City.

In the last post I wrote here pre-hiatus, I reengaged the topic of creating a connection culture in the law. With the downturn in our economy and within the legal profession, the need for this kind of culture is greater than ever. And so is the opportunity for creating it. As firms take a good hard look at the state of their business, they can and should consider the state of their business culture. If it’s in disarray, steps can be taken to understand what’s wrong and make positive changes.

I just read Peter D. Zeughauser’s take on Four Essential Elements of a Strong Law Firm Culture. Launching from the premise that “successful growth can only be accomplished from a position of strength, broadly defined to include a culture that breeds partners who are in it for each other, not just themselves,” he identifies the essential four as:

• Hard work
• Rewards for rainmakers
• Knowing who you are (and who you aren’t)
• Transparency, with discretion

While Zeughauser provides valuable insight into the partner side of the connection culture, firms also have to consider how to bring their associates into the cultural mix. According to consultant Susan Letterman White, one way to do this is to encourage and create avenues for peer-to-peer coaching.

According to White, peer-to-peer coaching differs from more traditional lawyer coaching (full disclosure: one of my professional hats is business coach for lawyers) and lawyer mentoring in that:

Peer-to-peer coaching is [ ] between two people who are at the same or similar levels within the law firm. The intention of the relationship is to mutually and similarly benefit the peers, unlike traditional coaching or mentoring, where the primary benefit is intended for the less experienced person. By working together to make sense of particular problems, gaps in knowledge or needed skill development, each person learns about his or her strengths and weaknesses and those of the other. Together the pair learns how to change weaknesses into strengths and use opportunities for development. This benefits the individuals and the law firm.

I’ve always been a big proponent of mutuality in business relationships. The mutuality that peer-to-peer coaching fosters will only solidify the sense of community and common purpose that are key connecting points for firm lawyers.

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I’ve been following coach/consultant Susan Cartier Liebel online since she launched her terrific blog, Build A Solo Practice, LLC. Susan’s been immersed in a new venture of late – a Web-based educational community and networking forum for lawyers and law students called Solo Practice University (SPU).

I’m very happy to announce that I have joined SPU’s faculty of working attorneys and other legal professionals and will be teaching a monthly course, Legal Sanity Career Strategies: Work Smart and Live Fully. Here’s a snippet from the course description:

Legal Sanity Career Strategies: How to Work Smart and Live Fully is a highly interactive course in teleseminar format, designed to help solo lawyers embrace the unprecedented change, challenge and opportunity impacting the legal profession today. Arnie will facilitate a dynamic learning process centered around participants’ actual challenges. The course will be real, relevant and practical. Arnie will draw upon the wisdom of other participants and guest speakers, offer practical advice and tools for managing each scenario, and provide the inspiration and support for translating knowledge into action. The course will enable each participant to build their knowledge, skills and confidence as a solo practitioner.

If you have any questions about the course, feel free to contact me.

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With the harsh changes in the economic climate and rising jobless rate, I’m hearing and reading a lot about the importance of personal branding. My introduction to the concept came through management consultant Tom Peters’ 1997 Fast Company article, The Brand Called You. In it, he stated this “simple” and “inescapable” truth: “We are CEOs of our own companies: Me Inc. To be in business today, our most important job is to be head marketer for the brand called You.”

There now are companies and consultants dedicated to helping us identify, establish and protect our personal brands. There are also experts who caution that it’s easy to misconstrue what this kind of branding is all about. As marketing guru Tom Asacker observes: “Being the head marketer of brand you is NOT about being interesting [ ]. It's NOT about cosmetics and ‘promoting a persona.’ It's about being interested in the dreams and desires of others. It's about creating an expectation and delivering on that expectation, such that people will trade their attention or money for it.”

While reasonable minds may differ on what personal branding is, I think most would agree that we are our own brand stewards and can’t delegate that authority to anyone else. Lawyer Shai Littlejohn recognizes this in her insightful article, Self-Marketing Is Key to Being a Top Lawyer. She writes: For those young attorneys who dream of becoming top lawyers, the key is to be three parts lawyer and one part marketing agent. [ ] Decision-makers give top jobs to the attorneys with the strongest brands. These are the brands that demonstrate shared values like reputation for responsiveness, accuracy, discretion, political savvy, family and participation in lofty priorities beyond day-to-day work.”

There are many ways to cultivate our personal brand. One that is gaining and holding enormous attention these days is online social networking. If you want to know more about social networking, like Kevin O’Keefe of LexBlog, I’m a big fan of the video tutorials produced by Common Craft. Here’s one on social networking and another on social media.

I think this information pairs well with Jennifer Laycock’s piece on How Social Media (Didn’t) Change Business. Sharing personal, and very touching, anecdotes about her grandfather’s business ethic as an independent insurance agency owner in her small hometown, she observes: “My grandfather practiced the original form of 'social networking.' Back before everyone started focusing on making a bazillion dollars, people had time to make relationships without worrying about how those relationships might 'advance' their career. [ ] Social Media isn't some amazing new concept that's changing the way we do business. It's simply amazing new technology that's allowing us to return to the way people USED to do business.”

Laycock makes so much sense. We should keep her words in mind as we go about building the genuine relationships that, organically, help us cultivate our personal brands.

Postscript: After writing this post, I saw Kevin O'Keefe's recent commentary on personal branding for lawyers in the age of Google. Citing Seth Godin's post on the subject,  Kevin offers some really concrete and practicable ways for us to establish our personal brands online.

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