legal sanity

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

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

lawyer experience management 

creating a firm culture that enhances the lawyer experience 

lawyers as user-innovators

can law firms change to meet user demand?

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

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

AH You must be busy.

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

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

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

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

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

AH How do you help people deal with the emotions?

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

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

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

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

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

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

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

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

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

AH Any final words of advice?

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

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

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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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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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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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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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