legal sanity

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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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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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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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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