Business Development

Building a Book of Business Through Imperfect Action

Building a Book of Business Through Imperfect Action

All of us want things. Every year many of us resolve to make changes – personally and professionally – in order to get what we want. Eat better, write that article, exercise, make those phone calls, spend more time with family, learn that new skill. But inevitably another year passes without the results we desire and we are back to square one.

For most the problem is not one of indecision, but inaction. The desire for change is strong, but the will to make sustainable change happen is lacking. For this reason many lawyers spend their careers on autopilot, attending diligently to client needs and priorities but not their own. Days, weeks and years seem to flash by in a whirlwind of emails, conference calls and court appearances. With demanding clients, bosses and adversaries to deal with on a daily basis, who has time to focus on much else?

That’s not to say that most lawyers are mindless or aimless about their future. Far from it. Most have audacious goals for their career. But far fewer take the steps to achieve those goals.

Ironically, many lawyers end up settling for mediocrity because they are perfectionists. They don’t have the time, energy, or mental bandwidth to execute on a perfect business development plan, so rather than do a “good” job of building their practice, they do nothing at all.

The Opportunity of Disruption

The Opportunity of Disruption

Remember the good old days? The days when hourly rates increased year after year, junior associate time could be billed for, and it was considered unprofessional to try to poach another lawyer’s clients? That wasn’t that long ago, in fact. But times have changed.

The market for legal services is flat. Since the Great Recession, there has been fundamental change in the legal landscape. Much like the housing market bubble that precipitated the economic slowdown, the legal marketplace has shifted from a seller’s to a buyer’s market.

This has led to downward pressure on fees, demand for creative, alternative billing practices, and greater competition for fewer opportunities. Work has also moved in-house, as corporate law departments have looked for ways to cut costs and have become not only clients, but also competitors, to solo lawyers as well as law firms.

Sensing this shift, non-legal entrepreneurs have stepped in. From overseas document review firms to Silicon Valley technology startups, alternative service providers continue to chip away at work that traditionally was within the exclusive domain of lawyers and law firms. Companies such as Legal Zoom and Rocket Lawyer, which were once seen as novelties, continue to encroach.

Beware the False Comfort of Conventional Wisdom

Beware the False Comfort of Conventional Wisdom

When was the last time you asked yourself this question: “What would happen if I did the opposite?”. Better yet, when was the last time you actually did the opposite? 

Doing the opposite – going against the grain, bucking conventional wisdom – can be scary. It can result in failure. Particularly in the legal profession, it welcomes skepticism. It invites derision. It makes people uncomfortable.

It is also the indispensable action that is inextricably linked to virtually every breakthrough idea that has moved the needle of human progress. “Doing the opposite” is just another term for innovation.

Conventional wisdom is, by definition, a generally accepted theory or belief. Any action or idea that is contrary to conventional wisdom is, therefore, generally not accepted. The person propounding it is considered wrongheaded and countercultural – until the radical is proven right, of course, and the new idea replaces the old. As Albert Einstein said: “The only sure way to never make mistakes is to have no new ideas.”

Self Awareness is Your Secret Weapon

Self Awareness is Your Secret Weapon

When I was a fifth year associate at a large law firm, a big opportunity fell into my lap. A former colleague at a firm I previously worked at had moved on to an assistant general counsel position at a large Tier 1 auto supplier. He was in charge of the company’s “troubled supplier” issues, and contacted me about the possibility of taking on the work. It was a significant, career-trajectory altering, high six figures in annual billings opportunity.

As I began the process of evaluating the hoops to jump through – conflicts, in particular – to bring in the business, a number of other lawyers at the firm surfaced who claimed pre-existing relationships with individuals in the legal department at the potential client. If the work came in, they argued, they should receive origination credit. I remember clearly the ten-plus lawyer conference call that was scheduled to discuss conflicts and credit. Ostensibly the call was organized to discuss the opportunity that I was presented with, but I barely got a word in.

Eventually, I just gave up. It seemed like there were too many hands in the honey pot. The opportunity went elsewhere.

Mentorship: It Takes a Network

Mentorship: It Takes a Network

Mentorship is one of the most powerful means of training and developing young associates. But many mentoring programs fail because they’re premised on a misguided notion that what a lawyer needs is a mentor, when what she really needs are mentors.

The mentorship system in many modern law firms looks no different than it did 30 years ago when a junior associate was paired with a senior attorney who (at least this was the idea) takes the young associate under his wing and provides career guidance. In a typical situation, the mentor and mentee meet periodically – for example, every quarter for lunch – to discuss the mentee’s career development.

There are problems with this style of mentorship, particularly if it’s the exclusive mentoring that an associate receives.

When Building a Practice, Start With Demand

When Building a Practice, Start With Demand

Back in July of 2014 (How could it possibly be that long ago?!), I wrote an article for Attorney at Work that focused on the importance of narrowly focused, niche legal practices, and how to go about building one. It was one of the most popular articles I’ve written, and became the catalyst for my book which came out in 2016.

In it, I challenged lawyers to visualize a continuum. On one end is the general practitioner – the “Jack of All Trades” – and on the other is the specialist – the “Master Craftsman.” The Jack of All Trades is busy, bouncing from project to project, learning a little about a lot. Clients think of the Jack of All Trades when price is a primary consideration. The Master Craftsman is also busy, but focused. She knows a lot about a little and is able to charge a price premium.

My thesis, backed by research and the experience of myself and others, is that if a lawyer is looking to build a practice, it’s better to become a Master Craftsman.

Four Productivity Building Blocks of Effective, Efficient and Happy Lawyers

Four Productivity Building Blocks of Effective, Efficient and Happy Lawyers

In a post I wrote for my friends at Attorney at Work back in December dealing with the issue of productivity, I explained that “work is like fitness — it’s best done in short bursts of intensity, followed by periods of rest and recovery. So start the day with a sprint.”

It’s easy to get into the office and start ticking off the easy stuff. It can be satisfying to immediately dig into email and begin volleying correspondence back and forth with clients, colleagues and adversaries. It’s busywork, and busy feels productive.

The problem, of course, is that the moment you get through your inbox, a new batch of messages is waiting for you. Before you know it, 6 p.m. rolls around and the brief, presentation or transaction that you need to get done for the next day hasn’t even been started.

Break Up the “Conspiracy” By Resolving to Simplify this Year

Break Up the “Conspiracy” By Resolving to Simplify this Year

“All professions are a conspiracy against the laity,” said George Bernard Shaw. In the legal profession, the best evidence of a conspiracy is the often impenetrable density and complexity of the law. It’s almost impossible for laypersons to understand the law and its processes. Lawyers perpetuate the conspiracy through their use of jargon and legalese.

There’s been a great deal of discussion, writing and study related to the costs of using legalese. But it does not seem there’s been much progress in convincing lawyers to communicate in a simpler, more accessible way.

This week, Attorney at Work published my take on why lawyers should – more than ever before – resolve to simplify their written communication style this year.

I’m not advocating we dumb-down the profession. I’m just saying that sometimes, when appropriate, we dial it back a bit. Clients won’t think less of lawyers if they communicate in plain English. Most clients will appreciate it. Judges, too. And it all starts with simplifying the primary means through which lawyers communicate: the written word.

Check out the post on Attorney at Work’s website by clicking here.

When it Comes to Implementing Your 2017 Marketing Plan, Go Bird by Bird

When it Comes to Implementing Your 2017 Marketing Plan, Go Bird by Bird

This is the time of year that many lawyers and legal marketers are deep into planning for 2017 business development initiatives. It’s the time of big dreams and grand ambitions. The problem is, while the plan is transformative, it rarely gets implemented. As almost all of us know through painful personal experience, one of the biggest issues with planning is that it can be overwhelming – it’s easy to be ambitious on paper, but in practice that ambition can lead to paralysis.

One of my favorite books is Bird by Bird: Some Instructions on Writing and Life, by Anne Lamott. It contains many lessons on creative thinking and ways to approach your work. One of my favorite passages deals with the issue of paralysis – specifically, how to overcome the tendency we all have to get overwhelmed by the enormity of the task or challenge we are facing. Here’s Lamott’s advice, gleaned from a childhood family experience:

Thirty years ago my older brother, who was ten years old at the time, was trying to get a report on birds written that he’d had three months to write, which was due the next day. We were out at our family cabin in Bolinas, and he was at the kitchen table close to tears, surrounded by binder paper and pencils and unopened books on birds, immobilized by the hugeness of the task ahead. Then my father sat down beside him, put his arm around my brother’s shoulder, and said, “Bird by bird, buddy. Just take it bird by bird.”

The Long and Winding Road to Become a Professional Writer

The Long and Winding Road to Become a Professional Writer

A note to readers: This post constitutes my entry in a writing competition called “Writing Contest: You Deserve to be Inspired” hosted by the Positive Writer blog. Positive Writer is one of my favorite blogs about writing – check it out if you’re looking for an excellent writing resource.

I shuffled the papers into a neat stack, stapled them, and strode confidently into my supervising attorney’s office, handing her the memorandum I had painstakingly prepared on some arcane legal issue over the last several days. I nailed it. Or so I thought.

I was a first year attorney at Skadden Arps. I fancied myself a skilled writer and communicator, but I was, in fact, neither.