Want Clients? Look To Those Who Care About You Most

One of the first things a business development coach will tell you is to identify people whom you believe can help you in your quest to build a practice. If you’re like me, this might cause you to look around and compile a list of people you think might hire you directly. If you’re an employment lawyer, for example, you might try to identify business owners and human resources directors you know who could have an immediate need for your services and finding a way to market to them.

This is probably not the worst approach. After all, you’re doing something in a calculated effort to build business, which is certainly better than nothing, right?

But better than nothing is not necessarily the best. I’ve lately come to think there is indeed an even better way. Based largely on my own experiences, as well as what I’ve seen with friends and colleagues who truly qualify as “rainmakers,” I believe now that the highest return on effort (ROE), at least when you’re first building your practice, is to leverage those who you are close to and who probably care about you most. Sure the two approaches might overlap; if a close relative happens also to own a business that, as all businesses do, needs employment counsel, then there’s no difference. But what I’m describing here does not involve asking a friend or relative to send you work directly, but allowing that person to act as a conduit to boost your chances of getting business through an introduction or referral.

Let me right away clarify two things. First, what you’re after isn’t a free lunch. You’re not looking for someone to hand you an envelope full of cash; you’re seeking the opportunity to perform quality legal services for a person or business who genuinely needs that legal service. Second, I do not mean leverage in the sense of use. Do not use those closest to you to get ahead. You will feel like a user and your friends and family will feel used. Don’t be a user.

On the other hand, if your relationship and trust are such that you would not hesitate to do something–take a chance, even–to give your friend or relative a boost, then why not give them the same opportunity? I would argue (based on experience I’ve had acting as a conduit to build my friends’ businesses) that the friend or relative who goes out on a limb to help grow his/her friend’s business is the one getting the biggest emotional reward. Have you ever enjoyed giving gifts more than receiving them? Plus, the one getting the business opportunity still has to do the work, while the one who did nothing more than make an introduction or referral gets to sit back and feel good.

What I’m talking about involves a two-step process. First, it requires letting that person close to you know that she can help you and that you’d appreciate that help. This is necessary because it does not immediately occur to everyone that they can help you or that the help is wanted. Some might even hesitate to make an introduction or referral–particularly if they are not familiar with the practice of law–because they are worried it will be viewed as meddling in your business.

The second step requires explanation. You must help those around you understand exactly what you do and who your clients typically are. An easy way to do this is to explain a recent case you handled. If you were successful on behalf of your client (hopefully you were in this particular story), explain how good it made you feel to help that person or business through a tough situation. You want to sell yourself without sounding like your selling yourself. The point is to make that person who knows you, who trusts you, and who would probably like to do whatever he/she can to make your life better understand both that you would appreciate their help and how they can help.

This can be a lot easier if you’re in a position to assist the close friend or relative toward reaching his or her goals first. I’m a big believer in “paying forward,” looking for opportunities to do a good turn for another without any expectation of payback. I know now, in a way I never understood before, that there really is karma when it comes to relationships and good deeds in the business world. Unless they are direct competitors, people generally want to feel like they’ve played an important role in a close friend or relative’s success.

Lawyers: The Many Hats We Wear

It’s amazing how I rushed into law school with no real idea what I would be doing every day of my working life. I had an inkling I would be on the litigation side of things (though I’m not even sure I knew what the word “litigation” meant). Like anyone whose imagination was nourished on a steady diet of television, I thought being a lawyer meant my days would be spent emasculating evil, dishonest witnesses in a packed, captivated courtroom. That is, when I wasn’t driving my Porsche . . . or playing golf . . . or having a power lunch at the Club . . . or whatever.

Imagine my surprise when I graduated, passed the bar and reality set in! In truth, I figured out long before graduation that most days I would be the one getting emasculated, chained to a desk, eating my power lunch at the downtown YMCA. (Don’t laugh. . . the YMCA is a Club, isn’t it?)

What’s interesting, though, is not that those golden trial-lawyer-as-cross-exam-Ninja moments are so few and far between, but rather how varied my job description can actually be from day-to-day. While I do spend the majority of my working hours litigating (i.e., complaining, pleading, advising, calendaring, moving, appearing, arguing, deposing, drafting, researching, responding, conferencing, serving, trying, introducing, direct examining, cross-examining, re-direct examining, re-cross examining, filing, noticing, negotiating, appealing, taxing, counseling, averring, answering, BILLING, reviewing, revising, disclosing, amending, second-amending, designating, counter-designating, etc.), it is surprising how much of my working day I actually spend doing none of these things.

What else do I do? It depends on the client. But in some ways I’ve come to think of it as a service as important (if less lucrative) as any of the -ing activities I listed above: I act as a Resource to my clients. More specifically, as a lawyer I gain unparalleled backstage access into my client’s “kitchen” (not just restaurant clients, either). And it turns out that what they often need is not a hired gun to fight legal battles, but rather an objective sounding board or a referral source. This part of the job is particularly rewarding with new or emerging companies because I’m bringing value by my involvement that a “hired gun” litigator just can’t bring. The more intimately I get to know a client’s business, the more interesting all aspects of my job become.

I take great care when I refer clients or contacts to other professionals. Every referral reflects ultimately on me, and I feel I have a stake in the outcome. So, while I might explore and involve myself in a variety of networks for the specific purpose of making contacts and business referral sources, I take pride that any decision I make to connect a client or contact with a professional is informed by the kind of cold, objective judgment I would use in selecting a doctor to treat me or my family.

When we take our role as a resource to our clients as seriously as we take the role of practicing lawyer we create the possibility of going past a mere attorney-client relationship. We partner. We jointly venture. We approach the most coveted role any lawyer can ever hope for: the Trusted Advisor.

Keeping Sane When It’s Crunch Time

Big revelation: I was never a model associate. Despite my present willingness to freely dispense advice on how to make your career all that it can be, I was pretty consumed as a young lawyer with setting and adhering to strict boundaries and trying to maintain a work-life balance. While I was relatively efficient with my time and regularly achieved solid results, I never set any records for billing massive hours or being the earliest to arrive or the last to leave the office. My stats were underwhelming, at best.

I recognize now that, in my preoccupation with boundaries and balance, I was just delaying the inevitable realization that ours is just not a profession that conforms well to individual desires for boundaries and balance. We’re in a service industry, and we’re forever beholden to both clients and courts. Both are demanding. Without either, we’re sunk.

Although it’s technically possible to “skate by” as a young lawyer like I often did, there comes a time when reality catches up to you. Once you develop your own clients and cases, you suddenly realize there is no longer a safety net–the buck stops with you. You’re no longer worried about disappointing a partner with the quality of your research or writing in a memo or a brief. Instead, you’re worried about losing the case or the client, or both.

I’ve spent the past decade or so learning to adjust to this new reality. It was harsh at first, a little bit like my experience as a Southern Californian visiting Alaska in January for depositions. But I’ve evolved and actually developed some strategies to cope with the sturm und drang that is inevitable in an active litigation practice.

Recognize It’s Cyclic

The first step I’ve found useful is to be objective and recognize that, for most of us, episodes or periods of extreme stress tend to be cyclic. There will be demanding times and slow times. When I find I’m in a particularly demanding period, I remind myself that this will at some point pass and life will return to normal. At least my practice is cyclic and I know there will come a time when I’m slow again and hungry for excitement. If you are reading this and shaking your head, “no, there’s never a break,” then I think you might need to take a look at changing how you manage your professional life. Seriously.

Communicate With Those Close To You

I’ve only had the experience of being married to another lawyer. But if your spouse or significant other is not a lawyer (or even if they, too, practice) it can be challenging for them to comprehend the extreme stress we experience when we are preparing for trial, or are in trial, or are just too friggin’ busy. Communication can be key to making it through these periods. Even if you bore your family to death describing what you’re working on, they will appreciate being included and better understand the challenges you’re facing and the stress you’re under.

Get Outside And Get Some Exercise

Speaking for myself, the first thing that seems to happen when I go into “lockdown” mode is that I forget all about exercise or diet. I tend to be chained to my desk and I give in and eat a lot of crap I generally avoid when I’m more in balance. If I don’t actively force myself to get outside, I’ll pass several days sitting at my desk, only venturing outdoors long enough to get to and from my office or pick up lunch or dinner. Really unhealthy! I’ve learned, however, if I set my iPhone alarm to go off at 3 in the afternoon, I can force myself to leave the office and walk for at least a half hour. This not only provides a break with some mild exercise, it reminds me there is a world outside  that hasn’t stopped spinning just because I got busy. This small slice of exercise, daylight and reality can be refreshing and helps me not to be so irritable about being so busy.

Look On The Bright Side

Although I’m stressed and missing my family and chained to a desk getting fat, I actually find that our profession is most exciting and rewarding to me when I’m either in trial or getting ready for a trial. There’s something about this time, when a case is (hopefully) starting to really come together and make sense and we are nearing the point of no return that I find stimulating. I try to appreciate these times and, again, remind myself it’s all cyclic and before too long things will slow down and return to “normal.”

Brand New Associates, Read This!

My college roommate and Venture Capital Badass Mark Suster maintains a well-respected VC blog, Both Sides of The Table. He recently quoted some advice his wife, Tania (brilliant, beautiful, Wharton MBA, ex-consultant, serious media chops), gave to a friend who was starting his first real job. I have no idea what kind of job. As I read it, however, I couldn’t help thinking it was the kind of sound advice we all wish we’d received (and, more importantly, followed) when we were brand new lawyers. I can’t resist sharing it. With kind thanks to Tania and Mark, here’s what she said:

Secrets of the real world – stuff I learned the hard way

General Advice

1. Don’t expect constructive feedback without asking directly for it. Most businesses have formal programs in place to give you feedback. Most bosses are too busy to put in the real effort to help you. Many just ask you to fill out the forms for them. It becomes more administrative than constructive. If you ask for feedback in a pleasant, non-defensive way you will likely get it.
2. You won’t really have a mentor unless lightning strikes. But if you seek one out, most talented employees would gladly become your informal mentor. This can be your most valuable career management tool so use it. It can be a great way to build advocates that will move mountains for you in the future.
3. People won’t communicate expectations clearly (you must ask, clarify, ask again). Knowing the expectations of your senior employees (and peers) is invaluable to your success and asking people’s expectations is the clearest way to get them to think about it in the first place. The easiest way to beat expectations is for you and your boss to agree them two-ways and check on progress periodically.
4. Constructive criticism stings, but we all need it. So seek it out, push for real feedback and be open to hearing it whether you agree or not. If you’re defensive you’ll never get real criticism. It’s much easier for your boss to avoid the confrontation or putting the time into thinking through what you could do better.
5. Don’t overly rely on HR. Make your boss and her boss your primary allies. Your career is best navigated though line managers. HR should be able to manage the sensitive information you give them separate from your line managers but in my experience they do not so be careful. They are not your free psychoanalysts.
6. Show up early. You may be a morning person – you may not. But nothing gets noticed more than which employees constantly turn up late. Even if bosses say they don’t care – they do. Nothing tarnishes your reputation more quick than being THAT person. The one always slipping in late.
7. Be humble. Nobody cares where you went to school or how great of a student you were. Get over yourself. Don’t be arrogant. Don’t try to act like a managing partner from day 1. It’s OK to be junior. Nobody expects you to be managing the whole division. In fact, they’ll resent you if you try to act like you are.

Working with Your Boss

Sit down with your boss asap and tell her you want to do an amazing job. Ask her:

• What could I do to exceed your expectations? What have past employees done that made your life much easier? What tips would you pass along from the most successful employees who have had this job?
• What is the worst thing I could do in this job that you want me to avoid?
• Whom should I emulate? Who is great in this role that I should learn from?
• How can I best help you?

What to do in Your First Weeks

• Interview your peers, people in your role/team: set up a meeting and ask them same questions as above, plus:
• How can I best work with my boss, what does she love/hate?
• What mistakes did you make that I can avoid?

What is Your Job, Really?

• Your job is to make your boss’s job easier – to help your boss succeed.  Always have that in mind even if it’s not in your immediate job description
• NEVER bring your boss a problem without bringing him a few potential solutions. Be associated with problem solving, not problems, it creates a positive halo around you
• Say “yes” to work even when don’t want to. Everybody loves employees who take on projects with enthusiasm. The world is filled with people who sigh when assigned work.
• BUT if you do become overwhelmed with work it’s ok to say “I need your help prioritizing my tasks because I have too much on my plate.”  Make it a positive thing. The worst thing is to take on too much work and under-deliver.

Other Notes

• Schedule in your calendar and in your bosses calendar a few check in meetings and ask for feedback and make it a formal conversation. Prepare them in advance by providing a list of the things you’re working on developing and tell them you’d love feedback on how to improve at those things.  You might want to preface with ”I want to learn how I’m doing so I can improve, please give me constructive criticism!” Mostly you don’t want them to feel like these meetings are obligations, reasons for hours of preparations or ways for you to be defensive about your job.
• So take the feedback on and don’t get defensive. The more you get positive measurement on your work the more likely your boss will be aware of it at the annual review time. Make sure to thank you for his time (he is likely busier than you are, after all!)
• After you feel stable in your role and with your relationship with your boss – make sure to get to know your boss’s boss. Don’t let your boss love you but his boss not know who you are! This WILL come in handy in your career but you have to manage this cautiously.

There. Invaluable advice. Read it. Memorize it. Duct tape it to the sun visor in your car.

A Worthy List of Potentially Unworthy Clients

Don’t worry–I’m not going to name names. Actually, I’ve been fortunate and personally had only limited personal experience with clients who should be considered “unworthy.” But I know they’re out there. Although inability (or lack of genuine intention) to pay fees can be one major characteristic of the unworthy client (pro bono representations excluded), it isn’t the only characteristic.

J. Foonberg, in his How to Start and Build A Law Practice (1976), put together a pretty decent list of the kind of clients that can be trouble. Here are a few he suggests you avoid:

1. A client hiring you as the third lawyer on any case.

2. Clients “who proclaim loudly that you can have all the money recovered–they’re only interested in the principle.”

3. Clients who want to use your telephone, assistant and office space to conduct their business.

4. Clients who ask for a loan of money against their case.

If you pass on these clients, you’re passing up on some business–but you might be avoiding some expensive headaches, as well. In fairness to all of the unworthy clients out there, I suggest there are an equal or even far greater number of unworthy lawyers. Perhaps I’ll explore this concept in another post.

Knowing The Score Before You Open Your Mouth

Legal blogging rock star and client service guru Dan Hull recently recommended an interesting book, Lawyering: A Realistic Approach to Legal Practice, by James C. Freund. Trusting Dan’s judgment, I promptly ordered up a dog-eared copy of the tome from AbeBooks.

Turning first to the chapter entitled “Handling Clients,” I found some interesting and sage advice right away. Freund asks what do you do when a client calls and wants to be counseled whether her company can legally do something. In the simplest terms, if a client asks you the sum of 2 + 2, do you automatically say 4? Or should we be concerned with what the client wants to hear? Would she prefer to hear 5?

Recognizing this sounds like ethical blasphemy, Freund rushes to explain himself:

“Now before you round up a posse to haul me before the bar association, let me hasten to add that the reason for desiring this knowledge is not . . . that it can or should affect the substance of your answer or reaction, where a legal issue or some other objective manifestation of your views is concerned. You’re not worth your salt as a lawyer if you provide phony answers to please a client. You have to call ‘em as you see ‘em, no matter what the consequences: it may be painful at the time, but in the long run your client will respect you for this and value your advice all the more.

On the other hand, knowing how the client wants to come out can be very important to you in deciding on the manner in which you reply–the style, as contrasted with the substance–and on shaping any practical advice you might offer.” (151-152)

Freund offers a couple of good illustrations, hypos if you will, to make his point. In the first, you are called by a client CEO who immediately announces you are on speaker phone and in the room with him is an “Employee.” CEO wants to know whether the company can issue the Employee shares of stock which the Employee will pay for with promissory notes.

While the law either allows or doesn’t allow the company to issue shares to an Employee to be paid for with promissory notes (I have no friggin’ clue), Freund points out that “the way that you handle the question can be influenced significantly by whether . . . (CEO) actually wants to issue . . . (Employee) some stock for notes, or whether . . . (he)’s just going through a charade–using you as a whipping boy–for the benefit of . . . (Employee).” (152)

What do you do? Freund suggests you try to ascertain what client CEO really wants to hear before you begin providing advice (assuming, unlike me, you could answer this query on the fly). Freund concedes it may not be easy to determine CEO’s angle:

“By the way, ascertaining . . . (CEO)’s real interest here may not be so easy–and tomorrow, you should let him know what an uncomfortable position he put you in, with a warning against future repetitions. For openers, don’t answer right away. Get . . . (CEO) talking; he’s likely to drop a clue (such as, ‘I told (Employee) this was a very difficult thing for a public company to do . . .’), which you can then pick up on.” (152)

Another way to get an idea what the client is looking for is to “test the water. Say: ‘And what did you tell him when he made that suggestion?’ The client’s reply should give you a fair indication of the direction in which he’s heading.” (153)

But why do you want to know? Again, it’s not about conjuring a phony answer, but about subtly strengthening your relationship with the client and bringing greater value. For example:

“If you determine that  . . . (CEO) isn’t really interested in issuing the stock, you can emphasize the legal difficulties which do exist under the applicable state law when you use notes to pay for par value shares–to say nothing of the unfriendly scrutiny such a transaction would receive from stockholders, other employees, and so on. All of this is good, sound counsel; you’re not deceiving anyone . . . On the other hand, if you sense that . . . (CEO) very much wants to issue the shares, then your litany of difficulties would be somewhat more muted, with a smooth transition into a constructive analysis of how the transaction can be accomplished–by securing the note, charging bona fide interest, and so on.” (152)

Again, as Freund says, the object of this preliminary fact-finding isn’t to cause you to change the substance of your advice to match the client’s desires, but instead to influence how you present the advice. The closer we get to the justifiably coveted status of “trusted advisor,” the more these subtleties matter. We’re not legal research “machines,” hired to churn out one-dimensional answers to legal questions without regard to how our advice impacts the client. Our role is not just to protect, but to advance the client’s interests, and the route to this goal is not always obvious or easy.

Lawyers Being Honest, Even (Especially) When It’s Against Our Own Interests?

Colleagues criticize me because, when pitching to handle a case, I don’t “sell myself” enough.  It’s not just that I don’t sell my own experience or skills well enough, but also that I sometimes don’t paint an overly optimistic picture of the case.  What it’s going to cost.  How we’re virtually guaranteed a great outcome. 

These may be valid criticisms, but I’ve always preferred the notion of being conservative about the expected outcome of a case.  I also never want to be accused, at the end of a case, of having misrepresented what it will likely cost to get the desired result.  I’ll admit such honesty has probably cost me business.

It turns out, though, that such honesty may be the very best thing when vying for the role of the trusted advisor.  At a recent conference, I learned that, based on comments gathered from general counsel at major corporations, the perception that an outside lawyer was being honest, potentially against his/her own interests, was actually a relationship “accelerator.”

So, when do opportunities arise for outside counsel to “accelerate” their client relationship through honesty at any cost?  Here are just a few:

1.  “I might not be the best lawyer for this particular case (or deal),” and I know that means you may not hire me.

2.  “I want to make sure you have a realistic idea what this is going to cost,” even though you might decide then not to sue or to settle instead.

3. “Your chances of winning are probably not going to improve by doing this additional discovery,” even though a scorched earth approach is vastly more profitable for me.

In addition to sleeping better at night, an incidental benefit of this kind of honesty is that, while I might not be the perfect lawyer for this particular case, or you decide not to sue this time, I know you are going to trust my judgment.  That’s really what I want, to be the trusted advisor, so you’ll think of me next time, and the time after that.

There Are Useful Conferences, Then There Are REALLY Useful Conferences

Each year I’m faced with the decision which, if any, industry conferences to attend.  A shortage of time and money dictates that I cannot go to every conference I would like to attend.  Even if I could cobble together enough money to attend more conferences, my time is severely constrained and every hour spent at a conference is an hour that cannot be spent working for a client. 

I’ve attended Defense Research Institute (DRI) conferences just about every year I’ve practiced, even though I’ve migrated committees from Young Lawyers, to Products Liability, to Commercial Litigation, to the Labor & Employment conference.  I’ve found these are well-organized and pretty useful.  I would recommend a DRI conference to colleagues.

A couple of weeks back, though, I attended a completely different kind of conference, which was an exponentially better use of my time.  I’m not going to discuss the specifics, because I was a guest and, unlike DRI or ABA, this industry group doesn’t maintain a website, publications and huge membership.  But it is precisely because of this concentrated scale that the meetings were so productive. 

First, actual membership in the group is limited to in-house general counsel or legal staff members of companies in industries that routinely face the same or similar employment issues.  Actual members can bring guests who are outsiders, but membership will never be available to us “outhouse” lawyer.  This alone sets it apart from large industry or bar association conferences.  There are no sponsors or exhibitors.  More importantly, the conference does not become a “feeding frenzy” where hundreds of outside lawyers showboat or compete for the time and attention of a handful of in-house counsel.  There may be some marketing component to the conference, but it is low-key–limited to maybe buying someone dinner–and definitely not the focus or sole reason to attend.

Second, the group is smaller, but it is also comprised of industry leaders.  Sure, war stories are traded, but they tended to be fresh, relevant and real.  Because of the tighter group size, it permitted the agenda to be loose and unstructured in a way that permits the group to spend more time on topical topics.

Another advantage of the limited group size was that the actual members (and some of the guests) knew each other pretty well.  I observed that this led to a candidacy of the discussion that I would never expect to see at a larger group function.  Anyone who’s tried to build a better mousetrap by committee knows that familiarity breeds comfort which tends to lead to better end product.  That’s what it looked like to me, anyway.

It was a good experience; I hope I am invited back.  I would surely counsel anyone lucky enough to be invited to attend one of these smaller, more concentrated industry conferences to jump at the chance.

5 Secrets to Gaining Client Trust: #5 Respond and Be Present

Ok, these are actually two separate “secrets.”  Think of the extra as a bonus.  As you’ll see, however, these are related and flow from the universal truth that pretty much every client likes to think and feel that he/she/it is the only client in your professional life and the only one you care about. 

The first is: Be Responsive.  Whether you communicate with your clients by telephone, email or even text messages, immediacy or ASAP is the name of the game.  Obviously, if you can take a phone call (without violating the second “secret” of this post below) that is best.  If you can’t or your client initiates contact by email, I like to follow the rule of responding within 2 hours.  If it is not possible to respond substantively within 2 hours (very often the case), I like the approach of responding with an email that (1) acknowledges receipt of the client’s communication; and (2) promises to get the answer and/or provide a substantive response within 24 hours.  The important corollary to this policy is not to forget to follow-up with the substantive response within a day.  If you can make this a pattern, and follow it, it helps to lead clients blissfully believe they are you only–or at least most important–client. 

Second: Be Present.  For some reason, I find it easy to shut off the world around me when I am with my 4-year-old daughter.  I like to think I’m completely present with her.  This helps me feel like, even though I work a lot and can’t spend as much time with her as I’d like, at least the time we spend together is high quality time.

I try to apply this same principle to time spent with clients, albeit for different reasons.  It’s not that my clients are adorable now and will some day grow up and become, if not less adorable, at least less available.  Instead, I try to put myself in my client’s shoes.  Anyone who pays a few hundred dollars an hour for my time deserves my complete attention.  That’s what I would expect, and that’s what my client should expect.  This means in most instances I do not, when with a client, answer my phone, check the stock market, read and respond to email concerning other matters, or use my iPhone to check the paltry stats on my blog.  In fact, I’m not adverse to leaving my phone in the car or turning off the ringer when I know my undivided attention will be appreciated.  The only exception is when I’m with a client and there’s down time and the client starts checking his or her own email. 

I’ll admit it’s challenging to apply both of these habits.  In other words, it can be hard to quickly respond to calls, emails or text messages when I’ve elected to shut off or ignore my phone to be present with a client.  But it’s important, and if practiced with care, is bound to engender client trust.

5 Secrets to Gaining Client Trust: #3 Bill Thoughtfully and Fairly

Many of us give little thought to invoices we send to our clients.  Invoices are utilitarian and serve an important purpose, at least in a for-profit law practice.  Beyond being a routine request to be compensated for work performed, however, we tend not to give invoices much serious thought.  This can be a mistake.

We should expect that clients will examine with a critical eye everything they receive from their lawyer, whether it is an email, a copy of some work product, or a periodic invoice.  They may look for different things.  For example, a sophisticated General Counsel expects to see high quality legal analysis and skilled advocacy, while less experienced clients may limit their evaluation to whether what they receive looks professional and is free of grammatical or typographical errors.  But every time we transmit written material to a client we invite critical scrutiny of our skills and professionalism.  It is unavoidable.

With this in mind, we should begin to view our invoices, not as a purely utilitarian demand for payment, but as a kind of brochure advertising the quality of our services.  Changes in the way we present our request to be paid can enhance our clients’ trust, not only in our abilities as professional advocates, but also in the fulfillment of our ethical obligation as fiduciaries. 

I can think of two billing habits that, if done thoughtfully and consistently, should enhance client trust.  The first coincides with most clients’ chief concern, second only to quality of representation: how much we actually charge.  Similar to my earlier “secret” #1 (Be Honest), it is no secret that, just as we owe clients a duty of candor, we only bill for work we perform at a rate that is reasonable.  That is obvious.  That is Ethics 101, right? 

Billing that enhances client trust—the “secret” that is the subject of this post—goes beyond Ethics 101 and enters the more nebulous realm of added value.  I’m not a legal services pricing specialist (a vocation the ABA Journal predicts will soon be a BigLaw fixture), and I try not to over think this stuff.  Instead, I try to follow this golden rule: put myself in the shoes of a client reading my invoice and ask what would I be comfortable seeing and paying if it were me?

There is one absolute truism that seems to resonate with just about any client that is not a Fortune 1000 or larger company: they hate, hate, hate to be charged for telephone calls between the lawyer and the client.  Particularly irritating are billing entries for such telephone calls that last 18 minutes (i.e., .3) or less.  Only clients who work for giant companies that are basically in the business of being sued (i.e., insurance companies, large California employers) can stomach seeing this on an invoice.  Everyone else likes to think they can pick up the phone and ask their lawyer a question—or just shoot the shit—without seeing a $100 (or more) charge for it.  I get this.  However many times we might tell a client “I don’t have anything to sell other than my time,” it is guaranteed to rankle most clients when they are charged for a short phone call with their lawyer.  Sorry.

Now.  Don’t squander an opportunity here.  While I would reduce (or eliminate) the instances you actually bill clients for short phone calls with them, I would continue to ALWAYS record such calls on the invoice, just mark them “no charge,” or something similar.  This engenders trust.  It says to the client, “I am committed to you, I know you want to talk to me without seeing a bill for it and I am willing to go that extra mile for you!” 

The second billing habit that can lead to greater client trust relates to how we describe the work we perform.  Just like Tupperware parties, three martini lunches and hiring of first year associates, the days of the simple “For Services Rendered” billing entry are long gone.  But I would argue it’s not enough just to describe a task.  For billing entries to contribute to building client trust, they should not only describe the task but briefly explain, in crisp, clear terms, why the task was necessary.  I think this is particularly important when the task was somehow occasioned by the opposition.  For example, don’t write “Telephone conference with opposing counsel re discovery,” when an equally honest entry would be “Telephone conference with opposing counsel re their request for additional time to respond to pending discovery.” 

I also eschew legalese when drafting billing entries for nonlawyer clients.  This sends the message: “I want you to understand what you’re paying for.  I’m not trying to trick you with fancy legal talk.”  Again, this is calculated to gain trust.

I recognize these “secrets” are not brain surgery, or even secret.  But they were things it took me some time to figure out and I hope you find them helpful to your practice.