4 posts categorized "Legal Marketing"

July 25, 2018

Keeping litigation costs down and clients happy

 

By Jonathan Groner

At the recent conference of the Corporate Legal Operations Consortium (CLOC) one panel was titled “When the Red Phone Rings: Managing Litigation to Keep Costs Down and Clients Happy, From Crisis to Completion.”  We recently discussed their conclusions and more in this interview with panelist Jason Osnes, Director of Strategic Finance and Project Management at Dorsey & Whitney LLP.    

 

LegalBizDev: Do you believe that the growing emphasis on legal operations, on the client side, and the focus on Legal Project Management (LPM), on the law firm side, go well together?

Osnes: Definitely. Our clients are looking for efficiency and predictability, and LPM helps to achieve that. At CLOC they say their goals are to be “efficient, innovative and aligned,” and these represent very similar objectives to what we are striving for with LPM. In fact, when we see this quest for efficiency occurring with such frequency on the client side, it helps me internally to legitimize what we are trying to do here with LPM.

LegalBizDev: You presented at CLOC on a panel with an associate from your firm and two people from a client, one lawyer and one legal operations person. In addition to you, the panelists were Ben Kappelman of Dorsey & Whitney; Paul Dieseth, Vice President, Associate General Counsel, U.S. Bank; and Matt Wahlquist, VP, Head of Outside Counsel Management, Pricing, and Analytics, U.S. Bank. Tell us a little about how that discussion went.

Osnes:  We explained how we work together from the initiation of a legal matter to its end. We discussed how our roles overlap and how we all attempt to increase efficiency and predictability in the spirit that CLOC promotes. The process can sometimes begin with the client, who may request a budget for a matter, and then the Dorsey & Whitney attorney will work with the LPM department to develop a litigation plan and scope the matter out in a way that meets the client’s objectives. Sometimes the lawyer at Dorsey & Whitney moves proactively to develop a budget and wants tools for that purpose, both from my department and from the client. The primary takeaway from our presentation was that true client collaboration involves a lot of proactive communication between attorneys and operations, at the firm and the client, throughout the entire matter lifecycle.

LegalBizDev: What effect do you think the rise of legal operations will have on the importance of LPM and on client development?

Osnes: Legal operations and LPM began as functions to facilitate administrative tasks, but both have grown beyond that to play a key role in improving the relationship between law firm and client. I believe that the demand on the part of clients for law firms with a real LPM capacity will only increase, and that means LPM can become a differentiator for law firms. I’m talking about firms that really do LPM, not those that just check the box that says they do it.

LegalBizDev: Many things can occur in litigation that are not predictable from the outset. Can clients and law firms, each armed with their new management tools, work together to reduce uncertainty?

Osnes: Yes. Just because something is unpredictable, that doesn’t mean you have to throw up your hands. If you as a law firm attorney talk to the client as early as possible, you can develop a solid baseline to manage a case, which ensures everyone is on the same page from the beginning. You may only be able to budget from the outset through a certain phase, rather than all the way through a possible trial, but it’s important to just develop, far in advance, a set of expectations that both sides will be comfortable with. Then, you need to be disciplined in tracking and communicating changes from that baseline when they inevitably occur.

The key is to explain this to the client from the outset. Another key is to remember that pricing and budgeting are something that you do with a client and not to a client.

LegalBizDev: How might this work in practice as a legal matter proceeds?

Osnes: If both the law firm and the client are working with a budget and using it as a management tool, they can almost instantly talk about new cost issues as they come up. They can ask: How will this development, say the need for the law firm to do a task that was originally out of scope, affect the budget? Attorneys on both sides now know this is out of scope or wasn’t contemplated in the budget and can talk readily about how this unexpected event can be handled in terms of the existing budget, or whether changes need to be made.

LegalBizDev: What role do outside litigation vendors play in this process?

Osnes: Some clients have preferred vendors that they use for e-discovery and other important litigation tasks. That is often part of their commitment to improving efficiency through “legal ops.” In our planning and budgeting process, we need to be aware of those. At the conclusion of a matter, when we and the client are evaluating what worked well and what didn’t, we need to look at the work of those vendors as part of the evaluation. Also, we at Dorsey & Whitney have our own in-house e-discovery and document review service called LegalMineTM, and if that team is part of the litigation, we and the client need to evaluate its performance after the case is over, as well.

LegalBizDev: Has anything changed in the way in which your pricing and LPM group presents itself internally to the firm’s attorneys?

Osnes: In the past, we have always described ourselves as a resource for our internal clients, Dorsey & Whitney lawyers. Now that the firm’s clients are asking for so much more, we also emphasize how our LPM team can improve client service, help lawyers meet each client’s expectations, and keep client relationships healthy and strong.

 

July 12, 2018

Leading study confirms that ongoing LPM training and support significantly improves performance

By Tim Batdorf and Jim Hassett

If you work at a law firm and care about its future, you must find the time to download Altman Weil’s free report of findings from its 2018 Law Firms in Transition survey.

For the last ten years, this survey “has tracked a continual shift in awareness, acceptance – and some persistent resistance to – legal market change” (p. i). This year’s report by Thomas S. Clay and Eric A. Seeger provides the best available data on law firm efficiency, profitability, pricing, staffing, productivity, and much more. 

To collect the data, Altman Weil sent questionnaires to 801 managing partners and chairs at US firms with 50 lawyers or more.  In other professions, questionnaire surveys like this typically “average [a] 10-15% response rate.”  One might assume that the response rate for a survey sent to law firm managing partners and chairs would be much lower, since they are often too busy to respond to anything that is not on fire.  But Altman Weil received an astonishing 49.7% response rate (398 firms).

The resulting report summarizes the experience and opinions of managing partners and chairs from nearly half of the 500 largest firms in the United States.  It provides information about what law firms have tried, what’s worked, and what hasn’t.  There is simply no better source for this type of up-to-the-minute insight into a rapidly changing profession. 

The findings that caught our eyes first, not surprisingly, were the ones most closely related to our interest in legal project management (LPM), starting with the fact that “Nearly unanimously, law firm leaders see a need to focus on improved practice efficiency” (p. xii).

So, what are law firms doing to meet this need?  Not nearly enough.

One survey question asked, “How serious are law firms about changing their legal service delivery model to provide greater value to clients?” on a scale from 0 (not at all serious) to 10 (doing all they can).  Less than half of firms (43%) gave themselves a rating of 6 or higher, and only 2.6% answered 9 or 10

But wait, it gets even worse.  In its most recent 2017 Chief Legal Officers survey,  Altman Weil asked the exact same question of clients.  Only 9% of clients (vs 43% of firms) rated this commitment at 6 or higher, and not one single client gave law firms a 9 or a 10.  Obviously, a huge discrepancy exists in how law firms perceive themselves vs how clients perceive law firms. Viewing these results optimistically, law firms that are committed to changing their legal service delivery model could have a significant business opportunity. 

From our perspective, the single most important graph in the 2018 Law Firms in Transition report (p. 55) is reproduced below:LFiT_EfficiencyTactics_2018B“Rewarding efficiency and profitability in compensation decisions” was the most effective tactic for improving performance, as almost anyone could have predicted.  You get what you pay for. 

Much to our surprise, however, more than half of law firms say they are already using this tactic.  Of course, the other law firms may not want to engage in the difficult process of re-evaluating compensation policies, particularly when they know how difficult those conversations can be.  And if this is the only tactic a law firm takes, it could derail significant progress for several months, if not years.  Unfortunately, in today’s market, time may not be a luxury that law firms can afford.

In addition, law firms have historically had trouble measuring and rewarding profitability.  A few years ago, when we interviewed AmLaw 200 managing partners and senior executives for our book Client Value and Law Firm Profitability, we reported that many firms are struggling with measurement, like the participant who admitted:

We don’t calculate profitability by formula.  It’s really seat of the pants. (p. 52)

As more and more firms improve the ways they measure and reward profitability, we predict that the impact of compensation on performance will increase far beyond the 47% figure in the graph above.  But again, this type of approach will likely take a few more years to fully materialize in many firms and is definitely not a “magic bullet” solution for any firm.

So, what exactly should law firms be doing now to help lawyers increase efficiency?  They should engage in “ongoing project management training and support,” because:

  • It is the highest-rated tactic for obtaining significant improvement in performance (other than changing compensation policies, as discussed above),
  • It is grossly underutilized with only one-third of law firms actually using this tactic, and
  • It is the easiest and most cost-effective way to significantly improve performance, especially when compared to other less effective tactics like systematically reengineering work processes or using technology tools to replace human resources.

Whatever tactics law firms decide to pursue, Altman Weil’s report (p. viii) concludes that law firm leaders must “pick up the pace:”

The challenge for leaders is to enlist a small cohort to start the innovation process with urgency and pace and begin to educate and bring others into the fold as rapidly as possible.  Leaders should focus daily on supporting the continued efforts of early adopters by providing encouragement, resources, time, and staff support.

We couldn’t agree more. 

For details of exactly how several leading firms have engaged this process, and the successes they have achieved to date, see the case studies section of our web page.

Full disclosure:  Altman Weil is a strategic partner of LegalBizDev, but not a single word of this post would be different if they weren’t.

 

August 23, 2017

How to increase new business through active listening (Part 2 of 2)

Part 1 of this series included about a dozen questions to get clients talking.  This post contains over 50 additional questions which could help you probe into the details of client needs.  We start with the following:

  • What do you like about working with our firm?
  • What could we do better?
  • What could we do to make your life easier?
  • Can you think of any other ways we could help clients like you, or any new services we could offer?
  • Could we better use technology to be of service to you?
  • What type of status reporting do you like? Weekly? Monthly? Email or phone?
  • Would you recommend our firm to others? Why or why not?
  • If you managed a firm like ours, what would you do differently?
  • How would you rate the quality of our legal product?
  • How well do we listen to your concerns?
  • How well do we understand your goals?
  • How well do we understand your industry?
  • Do we do a good job keeping you informed?
  • Do we explain legal issues in terms that are easy for decision makers to understand?
  • Do you perceive us as genuinely committed to your business success?
  • Do you perceive our lawyers as prompt, responsive, and accessible on short notice?
  • Are our billing statements accurate and complete?
  • Do our invoices include an appropriate level of detail?
  • Do you think our fees are fair and reasonable?
  • In the past, what are some of the things that you’ve liked most about working with other law firms, and with ours?
  • What have you liked least about working with law firms?
  • When you select outside counsel, what factors are most important to you?
  • When you rate lawyers’ performance, what factors are most important to you?
  • How do you decide when to do work in-house, and when to use outside counsel?
  • What future trends in your business or industry will affect your need for legal services?
  • What are your biggest legal concerns?
  • How would you describe your overall impression of our firm?
  • What mistakes can be made when lawyers don’t understand your business and/or industry?

Note: While most of these questions address your service, they could easily be reworded to ask how clients perceive other law firms they work with. That can be an excellent way to get insights into where competitors are vulnerable.

With some clients, it may be better to start with big picture business questions, such as:

  • What are the biggest challenges that you face in your job?
  • What keeps you up at night?
  • Where do you see your industry going in the next few years?
  • What does your ideal customer look like?
  • What works best in finding new customers?
  • Who are your biggest customers?
  • What is it like to work for your company?
  • Who are the key people you work with?

Whatever specific topics you choose to explore, it is important to “master the art of the easily answered question,” as explained in Kevin Daley’s Socratic Selling.The book describes how to become an active listener by using simple prompts like these:

  • Tell me more about ____.
  • Would you elaborate on ____?
  • Give me an example of ____.
  • What else should I know about ____?
  • How does ____ fit the picture?
  • Talk to me about your experience with _____.
  • How do you handle _____?
  • What makes this urgent?
  • Why is this important right now?
  • What bothers you most?
  • How tough a position does this put you in?
  • How does this affect you?
  • Why is this important to you?
  • How does that sound?
  • Do I have it right?
  • If you were to go ahead with ____, when would you ____?
  • What else should I ask about?

To be honest, the first time I saw this list I thought it looked a little dumb.  By nature, I did not want to ask clients “tell me more,” or “do I have it right?”  I usually quickly thought I had heard enough, and of course I thought I had it right.  So I wanted to get right to the point and tell clients what I thought they should do. 

Many lawyers seem to feel the same way.  They’d like to get to the point faster by dominating the conversation. Probes like the ones above do not come naturally to many lawyers because they like to control the conversation. But guess what.  Clients do too.

Simple questions like the ones above can help clients think through a situation while assuring that they talk 80% or more of the time. 

Professional salespeople have an old saying that “Whoever talks the most will enjoy the meeting the most.” That’s one reason lawyers so often leave business development meetings thinking the meeting was very successful; they did most of the talking.   But then they don’t get the business.

If you want to improve relationships and increase new business, you want the client to be the one who enjoys the meeting more.

If you would like to create more specific questions to fit your client’s precise interests, one place to start is with Paul Lippe’s influential article, “Welcome to the Future: Embracing the New Normal.” Then use your background knowledge of the client to create specific questions about some of the trends Lippe lists: alternate staffing, predictable pricing, defined quality, client intimacy, technology, and process innovation. 

And if you want general tips on becoming a better listener, there are countless websites and books that can help.  You could even join the International Listening Association, which has members in 19 countries who “promote the study of listening… and pursue research into the ways in which listening can develop understanding in our personal, political, social and working lives.”

Or you could just start with these five steps:

  1. Establish genuine interest by asking questions that you care about.
  2. Take notes. Writing down what people say shows that what they say is important, and that you are paying attention. Just put the pen down if the talk turns confidential.
  3. Respond to the speaker’s nonverbal cues and monitor your own, including eye contact, smiling, and frowning.
  4. Keep people talking. Paraphrase, summarize, and restate what you hear. When you agree with people, they will think that you are smart. Especially if you don’t interrupt them or argue.
  5. Come prepared with good questions.

If listening does not come naturally to you, practice.  Make a commitment for your next meeting to talk no more than 20% of the time, or some other percentage. (The actual percentage will depend on the client’s needs.  There are meetings when you should talk 50% or more of the time, if the client wants to interview you about your knowledge.  The client is always right.)  Then, after the meeting, compare the percent of time you planned to listen with what actually occurred. Track the results over time, using a simple format like this:

TrackingListening_Template

Obviously, the “actual” percent will be a very rough approximation. But the National Science Foundation is not going to review these results, so an estimate is fine. The important things are to track your behavior and to improve over time.

This series was adapted from the fifth edition of the Legal Project Management Quick Reference Guide, a frequently updated online library of LPM tools and templates.

August 09, 2017

How to increase new business through active listening (Part 1 of 2)

Over the years, I’ve written quite a few times in this blog about the importance of listening. But in my opinion, this topic cannot be emphasized enough, whether you are focused on legal project management, business development, or just relating to your own family.

In The Seven Habits of Highly Effective People, Stephen Covey wrote, “If I were to summarize the single most important principle in the field of interpersonal relationships, listening is the key.”

In the book Primal Leadership, Daniel Goleman explains that effective leaders must be good listeners so that they can sense how employees feel, and then channel that energy into the most productive directions.

In the book Advanced Selling Strategies, sales guru Brian Tracy explains four reasons why “Active sincere listening leads to easier sales”:

  1. Listening builds trust. In a survey of professional purchasers, the single biggest complaint was that salespeople talk too much. If you show that you are interested in understanding what people really need, they are more likely to believe that you will provide it.
  2. Listening lowers resistance. It helps to make customers feel relaxed and comfortable instead of tense and defensive.
  3. Listening builds self-esteem. Everyone wants his or her views to be heard. So when you listen to a client, it shows that you respect their opinions.
  4. Listening builds character and self-discipline. Hopefully, this fourth point won’t come up very often. But from time to time, you may sell to a client who is, shall we say, not overly dynamic. As they keep talking, it’s easy to start daydreaming about which type of salad you should order for lunch. But the more boring your client is, the more character you will build by listening. And the better you understand what the client wants, the more likely you are to get a new engagement.

Why is listening hard for so many lawyers? Because you have to talk less. (One of the reasons I am a bit of a fanatic on this topic is that, like many lawyers, I would rather talk than listen.)

Many experts say that when you are building business relationships, you should spend 80% or more of your time listening. But when lawyers meet potential clients, many think that they should spend all of their time listing the wonderful things they can do. This is a mistake.

The client is a lot more interested in her own problems than in your capabilities. If she did not think you were good, you wouldn’t be meeting. So you need to devote most of your time to focusing on what she wants, needs, and feels. As the old saying goes, that’s why you have two ears and one mouth.

Great listeners don’t argue. That’s another reason many lawyers find it difficult. To listen effectively, you must give up the need to be right.

Improved listening is not only helpful in finding new clients, it will also strengthen relationships with existing clients. From a project management perspective, this may include not just communicating about the details of a particular matter, but also asking general questions about a client’s perception of value.

This brief series lists over 60 questions that will be helpful in preparing for client discussions. Just pick a few key questions that fit your  situation, schedule a meeting, and let the client talk 80% of the time. Do not argue or object to criticism, just listen.

You could start with these very direct questions:

  • How could we increase the value of the services we provide?
  • How satisfied are you with our services, on a scale from 1 to 10?
  • What could we do to increase our rating?
  • What do other law firms do that you really like?

For many additional questions, you could review the online resources published by the Association of Corporate Counsel.  For example, see their one page introduction to getting started with the ACC Value Challenge entitled “Meet.  Talk.  Act.”   It recommends that law firms begin by arranging “a two-hour bag lunch” with top clients “with a single question for discussion:  Working together, how do we improve the value of legal services?”

They then list seven issues that may be particularly relevant in the discussion:

  • How can we reestablish trust and improve our relationship, on both sides?
  • How can we assure an adequate flow of work so that outside lawyers understand the client better and can be more efficient in what they do?
  • How can we get junior lawyers better trained, priced at more reasonable levels, practicing law more on the front line, and less likely to leave?
  • How can we better budget and manage costs and staffing?
  • How can we better institutionalize the relationship?
  • How can we evaluate progress and performance?
  • How can we create a culture of continuous improvement, on both sides?

Part 2 of this series will list over 50 additional questions lawyers could use to improve active listening.

This series was adapted from the fifth edition of the Legal Project Management Quick Reference Guide, a frequently updated online library of LPM tools and templates.