adding creativity to the lawyer toolkit

Regular readers here know that I’m a big fan of author/right-brain-champion Daniel Pink and his take on our new Conceptual Economy that places a premium on creativity in business.

Lawyers aren’t known for being a creative lot. This is evidenced by the enduring nature of the billable hour over alternative fee structures, among other business practices. Some will undoubtedly say: “You can’t change our stripes. Creativity is best left to other professions.” But, I think this is a copout. There’s a wealth of creativity to be tapped in our ranks if we can just find the right inspiration and outlets.

On the inspiration side, you can take a look at a great series of Fast Company posts on the business of creativity, including one featuring the 10 Most Creative People in Sports and one on the Top 10 Most Creative People in Health Care. Imagine what a post on the Top 10 Most Creative People in the Law would include.

On the outlet side, maybe it’s about taking baby steps to tapping and expressing our creativity. Marketing is one area that’s creativity-friendly. Lawyers are already venturing into this creative realm via LinkedIn; Twitter and Facebook.

For more on the marketing front, there’s a great new book from legal marketing expert Paula Black titled: The Little Black Book: A Lawyer’s Guide to Creating a Marketing Habit in 21 Days. If you purchase the book in the next 48 hours, you’ll also receive The Smart Lawyer’s Toolkit, a compilation of advice from more than 30 sought-after experts in the legal arena (including yours truly). My advice comes by way of an interview I did with Gerry Riskin, author of The Successful Lawyer, about the challenges facing attorneys in today's economy. You can learn more about Paula’s book and complementary toolkit here.

the legal sanity mentor: gerry riskin

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.