It’s Resolution Time At Counsel Table

As my wife will attest, I’m distrustful of resolutions, whether they’re made at New Year’s or some other momentous occasion, like discharge from rehab. But I’m going to take this New Year’s Day to make a resolution relating to client service: In 2014, I’m going to try very, very hard to change the way my clients think about lawyers.

This is not at all original. In fact, this is one of J. Dan Hull’s notorious “World Famous Bad-Ass, Annoying and Infuriatingly Correct 12 Rules of Customer Service.” Here’s what Dan says about this rule:

“This rule, like Rule One, is not so intuitive. But it’s the most challenging. The “under-promise but over-deliver” and “exceed customer expectations” notion of keeping good clients is a great idea. But I just don’t think it works that well for lawyers. I think that clients, rightly or wrongly, and whether or not they are even aware of it, in fact have low expectations of lawyers in the first place. For two reasons:

A. Traditional Pervasive Distrust of Lawyers (General–Deserved & Undeserved)

There is a pervasive (let’s face it, ancient) cynicism and suspicion about lawyers which even our most loyal and valued clients carry around with them. Some of it is unavoidable and not our fault. It’s based on everything from literature, TV, movies and lawyer jokes to a genuine misunderstanding of what lawyers must do to perform well. It’s deeply rooted in world culture.

B. Real Experiences-Based Distrust of Lawyers (Specific–Deserved)

But most of the distrust is our fault because either (1) our substantive professional services are merely “adequate” and/or delivered without passion or real caring–clients can sense that–or (2) we view clients almost as adversaries (they joke about us; we joke about them), which gets communicated to clients in every step of our work for them. See The First Post.

Let’s not kid ourselves. Why ‘try to exceed expectations’ when the overall lawyer standard is perceived as low to mediocre? If your clients are all Fortune 500 stand-outs, and the GCs’ seems to love you and your firm, is that because your service delivery is so good–or because other lawyers they use are so ‘bad’ on service? Why have a low standard, or one that merely makes you look incrementally more responsive and on top of things than the boutique on the next floor up? Why not overhaul and re-create the whole game?

If you read the better writers on services, like Harry Beckwith in Selling The Invisible, you pick up on this simple idea: Rather than ‘under-promise/over-deliver’, which is essentially job specific, why not change the way people think of lawyers generally and what they can expect from them generally? Get good clients–those clients you like and want–to keep coming back to you by communicating in all aspects of your work that you care deeply about your lawyering for them, you want to serve their interests on an ongoing basis and that it’s a privilege to be their lawyer. Show them you fit no lawyer mold.

Oh, yeah. One catch–and the hardest part: it’s got to be true.”

So how do I plan to execute? After all, a resolution without a plan is just an empty promise to oneself. I’m going to work on three core areas that tend to fuel a lot of client disappointment in their lawyers.

1. Communication. I’m going to work hard to improve my communication habits and practices. This includes a resolution to respond to any email or phone call from a client the same day. I’m going to report more, and more often, what’s going on in our case. (Yes, it’s our case. We’re in it together.)

2. Transparency. I’m going to strive to better involve clients in strategy development. Of course there are all kinds of clients, and some would prefer not to be involved; others want to plan every move. But those who want to participate will have the opportunity.

3. Value. Clients often hate to involve lawyers because they assume we are out to financially “gouge” them. I’m going to turn this on its head. I resolve to bring more value-in-advance. I will think of at least one way to save my client money at every step in any litigation. I will work harder to keep clients aware of major changes in California employment law–for free!

There. Now pass the champagne.