When You Realize Clients Don’t Grow On Trees

Some lawyers are lucky enough to breeze through a successful, maybe even lucrative, career without ever thinking once about finding new clients. This post is intended for the rest of us.

If you are in private practice, in business for yourself or a member, at whatever level, of a law firm, chances are pretty good that you will not excel in your career without becoming at least passably adept at identifying and developing new clients. I know there are some firms and some clients in which one can succeed simply by expanding the amount of work the firm does for an existing client, or you may be lucky enough to inherit a retiring or expiring lawyer’s book of business. Good for you. Even so, except in the rarest cases, only a fool would presume any single client will remain loyal forever.

If I haven’t convinced you, I don’t know what more to say, except to suggest you heed the often-quoted advice from financial planners that you keep an emergency savings account with several months–even a year’s worth of expenses set aside. Your job will never be secure. (Of course, that’s really true for all of us.)

For most of us, though, it’s not a matter of whether you need to cultivate clients, but when. When I conceived of this post–which could easily be (and sometimes is) the sole subject of an entire book, I had in mind addressing two issues that I’ve personally had to confront in my quest to develop my own stable of clients. These are: (1) the inevitable time squeeze and (2) the concept of freely giving.

1. The Time Squeeze.

As writer Mohsin Hamid points out, “Time is our most precious currency.” If you’re like me, you are going to feel a “squeeze” or shortage of this precious currency when you really commit to building business. To illustrate what I mean, let’s imagine that you work at a firm that expects–expressly or otherwise–that you will work and bill 1,900 hours in a given year. (When I say “bill” in this context, I’m referring only to hours that are chargeable to a paying client, i.e., excluding any hours spent doing pro bono, management activities, continuing education, networking and bar association events.)

Next imagine that, before you started on your quest to develop a book of business, you routinely spent 100 hours a year doing any of the other non-chargeable things listed above, including pro bono. For this illustration then, you are expected to devote 2,000 hours every year to both the practice and business of being a lawyer. If we give you a 2 week vacation, then you will be working and recording time–both chargeable and otherwise–40 hours per week. For most people earning a full-time salary, this sounds pretty fair. I don’t disagree.

The “squeeze” I was referring to comes when you start adding in time committed exclusively to finding new clients. I didn’t plan to write a compendium of all of the possible ways you could spend this time, but a quick and dirty list could include: attending events at professional networking, local state and national bar and practice area associations/groups, follow-up breakfast/lunch/coffee meetings with members of these groups to develop a rapport and cultivate a referral relationship, writing articles, lecturing, providing training and useful information to prospective clients, and developing a (hopefully) growing stable of contacts to be mined for potentially lucrative relationships (with the attendant breakfast/lunch/coffee meetings to develop a rapport and cultivate a referral relationship).†

How much time would you expect to spend doing these activities–if you really want or need to grow a book of business? 1 hour a day? 2? 3? If you averaged just one hour a day devoted to these activities, you’ll be adding about 250 hours to your 2,000 hour year, meaning you’d be working a total of 2,250 hours, or 45 hours a week, assuming you took a 2 week vacation (but no other holidays, so plan on working on Thanksgiving!). Again, many would view this as a fair investment, given the prospect of increased earning potential and job security.

But . . . if you can do it with a commitment of only 1 hour a day, I’d be both impressed and amazed. I say this because, each networking event I attend (roughly weekly) consumes at least 3 hours, including travel. The professional organization to which I belong creates an opportunity to have a “troika” follow-up breakfast or lunch with two other professionals from the group after each meeting. Assume, with travel, each of these meals consumes at least 2 hours, then I’ve already used up 5 hours for the entire week. Which would be fine if this activity alone was enough to gain all the new business I need. Unfortunately, doing this activity alone won’t be enough. Not nearly enough.

I think you’re starting to see what I mean by time squeeze. At this juncture, I probably spend between 10-15 hours of each week devoted to marketing efforts, though some of these are candidly spent on nonchargeable work at the front end of every new client or case (in other words, when I get a new engagement, I invariably spend hours looking at the matter, communicating with the (potential) client, researching a judge, budgeting, etc., none of which do I typically treat as chargeable). If you combine that with the responsibility to work chargeable hours, additional hours required to handle law practice management tasks, CLE, etc., it’s starting to look like a 2,500 hour year, which may be fine if you’re single and do nothing but work, but if you have a family . . .

Everyone faced with this time squeeze must decide their own best way to deal with it, because it presents a challenge. Do you spend less time with your family, forego personal time or regular exercise, reduce billable productivity? There’s no way to please everyone, but you’re only going to short-sell yourself career-wise if you’re in private practice and don’t make client development a serious goal at some point.

2. Freely Giving.

I’ve previously written about giving value-in-advance. This is really just an extension of that advice. In his excellent book, The Marble and the Sculptor, Associate’s Mind blogger Keith Lee included a chapter entitled “Attracting Clients and Business Development.” He discussed this notion of freely giving this way:

“So the big question, one that almost all new lawyers struggle with, is: How do you attract clients?

At the most basic level, it means being willing to give without expecting anything in return. This is often difficult for many people. People, not just lawyers, expect quid pro quo for the things they do. But it is often especially true for lawyers, as their trade is knowledge. Lawyers have received specialized, narrow training in a field and they tend to want to closely guard this knowledge as it enables them to charge clients hundreds of dollars an hour in return for access and use of that knowledge. It can be anathema to attorneys to share information freely as it might somehow devalue their knowledge assets.” (The Marble and the Sculptor (ABA 2013), at 68.)

This reluctance to freely share knowledge must be resisted and, ultimately, overcome. Why? Because sharing information without expectation of compensation creates a store of goodwill and provides prospective clients with an easy way to appreciate your expertise. Because in the real world many prospective clients will be unwilling to hire a lawyer for the first time without some kind of assurance that the lawyer is up to the task. Because it is one way to stand apart.

†A long time ago (relatively speaking) I wrote a post encouraging new law school graduates to make an effort to stay in touch with every person they got to know during school. If you followed this advice beginning at graduation, by the time you were in serious client development mode, at least some of those classmates would be in a position to refer business your way, whether they are in-house, general counsel or just fellow professionals. One really successful rainmaker I know used this method to jump start his book of business, which now hovers in the $3 million range.

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American Lawyer, Eastern Mindset

I have long found much to admire about Keith Lee’s writing in his well-regarded Associate’s Mind blog. His voice is intelligent, but accessible. His tone is informed, but not condescending. His consistent message about the state of our profession is tough, but not without optimism.

I was pleased to find all of these qualities and more in his recently published first book, The Marble And The Sculptor.

What I particularly appreciate about Lee’s thoughts, as expressed in his words, is how they are often infused with precious pearls of Eastern wisdom. It is refreshing, at a time when the business of law threatens to eclipse what was once regarded as a noble profession, to encounter a fellow lawyer who strives to penetrate deeper into what it means to undertake a legal education, to prepare for and pass the bar examination and, finally, to carve out one’s own place within our profession. The decision to commit to this profession is a serious one, and Lee invariably addresses these issues with unflinching candor.

As an undergraduate student of Western philosophy, I occasionally flirted in a superficial way with Eastern thinking on issues of metaphysics, epistemology and religion. But I never let my guard down or did the work necessary to really grasp the Eastern mind. Again, when my wife and I traveled throughout Asia during our sabbatical, I was confronted and tried to learn about the Eastern religions, the teachings of the Buddha, the Hindu belief system and others, including radical Jainism. But regardless of my immersion, those teachings remained essentially foreign to my Western-bred mind.

Lee forces me to revisit the Eastern mind, but to apply that way of thinking to my own chosen profession as a lawyer attempting to practice here, in America. As the rapidly growing blawgosphere demonstrates, pretty much anybody can write about law. The difference in reading Lee is not only that he has something to say, but what he says carries a much larger, often universal import. His how-to manual for newly-minted lawyers would not require much revision to serve as a how-to manual for success in any career, or even in life. I believe it is his Eastern mindset that gives Lee’s words their added wisdom, their depth.

Much of Lee’s advice for succeeding both as a law student and a lawyer comes down to one quality: discipline. It’s not an accident that Lee came to law school, as he puts it, “a bit later in life” at twenty-seven. After college, he spent a year as a runner/project assistant/gopher at a large law firm. Yet, even after this experience cemented his certainty that he wanted to be a lawyer, he did not enter law school right away, but instead moved to Canada to train as an ichi deshi to a shihan (master) for nearly a year. He briefly describes this experience as

” . . . crazy and awesome and painful and beautiful — one of the best and most difficult experiences in my life. It’s the sort of thing that’s hard to encapsulate in words. Sleeping in a storage closet under the stairs in the basement of the dojo on a thin mat. Subsisting primarily on rice, vegetables and PB&Js (okay, and beer on occasion). Training five to eight hours a day, five to six days a week. Bleeding toes and cracked ribs. Scrubbing toilets and washing mats. Friendships gained and lost. Intense spiritual moments of training and camaraderie, intense times of loneliness and introspection. No TV, no movies, no cellphone.” (Id. at 97-98.)

Not exactly Club Med. But perfect training for the mental discipline needed to become a successful professional. Describing the training during this period, Lee writes:

“After the lecture there would be an hour or so breakdown on one technique, perhaps one movement. A pivot or a shift of hips or moving into position against your partner. A single movement could be repeated hundreds of times. Occasionally I would be told the movement was correct. Mostly I would be told that the movement was wrong.

It was aggravating. It was boring. It was difficult. Deliberate, long, tiresome, and trying. After the tenth repetition of a movement I would grow bored. At the thirtieth, my mind started to wander. At the sixtieth I was barely concentrating. At the hundredth, my mind had become still and there was only the movement.” (Id. at 98.)

This focus on discipline as the key to growth as a lawyer is echoed throughout The Marble And The Sculptor. From one’s selection of law school electives, to developing key relationships, to balancing the competing demands of family and law school and, later, law practice, he returns again and again to the notion of discipline. Lee writes:

“Every lawyer, every person you meet, was once young, naive, and ignorant as you are. It is now your personal responsibility–no one else’s–to mature and develop into a competent lawyer who is fit to be trustworthy of a client’s problems.” (Id. at 21.)

Another vein that travels throughout the book is the notion of humility, which I believe also finds its genesis in his Eastern studies. There is a tendency, after you’ve devoted years of your life and a small fortune to finish law school, excelled on law review or moot court or whatever, to take yourself pretty seriously as a brand new lawyer. Lee gently reminds readers that, as new lawyers, you don’t know shit.

But his purpose isn’t to cut baby lawyers down. Rather, Lee is interested in teaching the kind of humility that is found in Eastern thought and easily seen in the martial arts, in the interest of helping you on your path to becoming a professional. He writes:

“After obtaining my black belt, did I consider myself a master? When I received my JD and passed the Bar, did I consider myself an expert lawyer? Of course not. They’re ridiculous propositions.

Traditionally, a black belt has only meant one thing: you were now considered a serious student. Everything before was playtime. Training wheels. Getting a black belt only signifies that you have mastered the basics and are ready to begin dedicated study. The same is true with a JD. Having a JD doesn’t indicate mastery of the law. It’s merely a signifier that you are probably ready to step onto the playing field. What follows is up to you.” (Id. at 102-03 (emphasis in original).)

Readers of Lee’s blog, as well as his new book, quickly learn that his choice of title for the blog, Associate’s Mind, was no accident, but reflects this essentially Eastern attitude of humility toward our profession. He writes:

“So, during my final year of law school, I started a legal blog titled Associate’s Mind, a play on words of a concept in Zen known as shoshin, or ‘beginner’s mind.’ A ‘beginner’s mind’ refers to having an attitude of openness, eagerness, and lack of preconceptions when studying a subject, even when studying at an advanced level, just as a beginner in that subject would.

I wanted to adopt this mindset in my practice of law. The idea that an associate should be flexible and open to new ideas and processes, while being mindful of the guidance of those who have tread the road before them. ” (Id. at xii.)

I encourage you to read Lee’s new book, and to subscribe and follow Associate’s Mind. You will find there pearls of the kind of wisdom our profession desperately needs at this difficult time.

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