continuing legal education through self-study

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

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

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

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

 

don't give clients a reason to think that you're a commodity

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.

 

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

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.

 

the legal sanity mentor: spike jones

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.

 

where's the "wow" in law firm legal service delivery?

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?

the legal sanity mentor: jason mendelson

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.

law firms and lawyers: welcome to the age of radical transparency

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 thatconverts 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.

are you a meaningful specific or a wandering generality?

No. I’m not taking a continuing ed philosophy class (although that might be fun) and this isn’t an original question.

It’s inspired by a pretty well-known quote from author/motivational speaker Zig Ziglar that first came to my awareness while I was watching a great interview with marketing expert Seth Godin. More recently, it popped into my head as I read Be THAT Lawyer, Carolyn Elefant’s thoughts on creating a niche law practice, and a post from SPU’s Susan Cartier Libel titled: The Big Question: “Should You Create A Niche Practice?” (and Part II). Carolyn and Susan add a lot to a virtual conversation that’s been going on for quite some time.

I’ve participated in the dialogue on niche lawyering through posts like these:

How are you doing? 

The thinking behind lawyer brand identity

Self-expression and business relationships 

Here’s what some other lawyers have to say about niche practice and marketing:

Overcoming The Niche Bitch (Chuck Newton)

Niche thyself: Key to legal blog success (Kevin O’Keefe)

Don’t Dilute Your Niche In a Down Economy (Tom Kane)

Do You Have a Niche and What Are You Doing About It? (Tom Kane, again)

Don’t Be Tempted to Abandon Your Niche (Sara Holtz)

Developing a Niche Practice (Rudy Rivera for the ABA’s GP|Solo)

Got an Itch to Create a Niche? (N. Andrew Rotenstreich for the ABA’s Young Lawyer Division)

And here’s some sage input from a couple of non-lawyers:

How to Dominate Your Niche (Brian Clark)

Make the world smaller (Seth Godin)

I think that many new and seasoned lawyers want to be meaningful specifics instead of wandering generalities. Niche practices can certainly help you meet that goal. If you’re wandering in indecision, you might consider taking this quiz asking Does Your Work Matter to You?

 

spring awakening for client service in the law

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

the legal sanity mentor: dan formosa

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.

(re)designing legal services around the client experience

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.

Are you remarkable?

A while back, I wrote a post around Seth Godin’s observations on remarkability. He noted that fear of criticism, rather than fear of failure, holds us back from producing services, goods and other results that are truly remarkable.

Over the years, I’ve thought a lot about Godin’s view and talked to others about it. It seems to me that, for lawyers, there may be a more fundamental issue in play: Many in the law don’t understand (or think much about) what it means to be a remarkable service provider.

I covered this point in posts on client evangelism and client experience management. Shedding some new light on the matter is this article outlining several ways to be remarkable in business. For a compelling example of remarkability-in-action, check out this first-hand recounting of Whole Food’s “awesome” (a/k/a/ remarkable) customer service If you find that anecdote inspiring, you’ll likely get a lot out of the presentation (Part 1 and Part.2 ) that Zappo’s CEO Tony Hsieh gave at SXSW '09.

Bringing it full circle is Seth Godin’s recent post asking if we’re looking to fit in or stand out.