Senior Lawyers: Now It's Your Turn to Make Your BD Plans

A couple of weeks ago, we talked about the challenges facing younger lawyers as they begin to formalize their business development efforts into a plan, and the three questions they should ask themselves to get the ball rolling. This week, we turn to the senior lawyers: partners and of counsel, of course, but also any attorney who has spent several years developing her own business, who has an idea of what works and what doesn't, who needs to use what little non-billable time she's got on activities that have a greater chance of producing new work and new clients.

As it turns out, the process of identifying the BD activities that you like and that you're good at so that you can pursue them is essentially the same for all lawyers, irrespective of the stage of their career. Because winning business development isn't about asking the right question. It's not about finding the magic bullet. It's not even about connecting with the client (or group of clients) that are going to make you rich and famous. Successful BD is about work. Honest, old-fashioned, roll-up-your-sleeves-and-get-at-it work: to identify your strengths and weaknesses, to define your targets, to craft the plans for going after those companies and to execute on them, to refocus your efforts when Target A doesn't (or does, for that matter) pan out.

So what are the questions that senior lawyers can ask to refine and improve their business development plans?

1. What's working that I should do more of?
   You're no stranger to the game. You've spoken to scores of trade groups, written dozens of articles, established hundreds of meaningful relationships, you've set aggressive targets, and you've achieved them. Chances are that you're already focusing your time and efforts on activities that have been successful in the past. What are they? And more importantly, what are you doing to be able to do more of them? Developing and growing a practice isn't like investing, after all: past performance is entirely indicative of future results. Figure out what works, and do more of that.
2. What's not working, that I should stop?
   Just as it's important to determine what works best, you need to identify the BD activities you're currently engaged in that are not going to lead to more work. Not because you need to necessarily stop doing them completely, but rather to be honest about what you hope to get out of them: your role on the board of the local food bank may never drive paying business your way, so maybe you shouldn't be looking at it as your main business development initiative of 2017. And there's a bonus: freeing yourself from BD efforts that have never produced an hour's worth of client work will allow you to devote more times to those that have.
3. What else would I like to try, and why?
   Most of the lawyers I've worked with over the course of my career are creative problem solvers who have great business development instincts. They're don't lack new ideas about how they can better reach clients and prospects. But it can often be such a challenge to translate those new approaches into viable initiatives – for a wide variety of reasons – that they wither on the vine. The first step in breaking that cycle? Writing down the new ideas, fleshing them out, figuring out what has to happen for them to come to fruition. Accordingly, you need to spend some time thinking about the new things you'd like try, so we can work together to find a way to make them happen.

Are Your Cross-Selling Efforts Stalling? Maybe You’re Doing It Wrong…

Whether you call it cross-marketing or cross-targeting or some other variation on the theme, cross-selling is not a new concept for most lawyers and firms. And it’s not particularly complicated to do: align the work you actually provide a client with the services they need, and implement a program for connecting their needs with your practices. Easy-peasy, right? So why is it so hard to find cross-selling success? Here’s what I’ve learned over the past 25 years:

1. You’re focused on the wrong solution. By framing the problem as “how do we cross-sell more services?” you’re unwittingly eliminating all the other ways you can derive value from your client base. Yes, expanding the scope and breadth of representation is a pretty solid way to maximize a relationship with Company X or Y. But your existing clients can provide you a wide range of other types of opportunities. Perhaps you can use expertise you’ve gained working for an industry leader to create a practice devoted to solving the problems of similar businesses. Or draw on the individual relationships you’ve developed with clients to get more referrals. Or even work with an in-house lawyer to author an article that allows you to share your insight with a new audience. Whatever the tactic, if you re-frame the problem as how to leverage the value of existing clients, you’ll have a new perspective on solving it.
2. You’re not trying hard enough. Cross-selling is hard. It requires perseverance and time, the kind that is measured in years, not quarters of an hour. You need to bring people together and ask them tough questions and find compromise and solutions that may not please everyone. There are no shortcuts to successful cross-selling initiatives. Most firms – and many lawyers – don’t have the patience and long-term vision to pull that off. Sure they’ll introduce an IP lawyer to their real estate client, but they give up on the concept of cross-selling if that single new relationship doesn’t bear fruit in a month or two. That’s not to say that you’re never going to get results with a single phone call, but if you want your cross-selling efforts to produce new representation you’re going to have to work at it.
3. You’re setting the wrong objectives. It’s true: most firms look at cross-selling as a way to grow their revenue stream, to increase profits with minimal expense. After all, the cost of expanding work for an existing client is always going to be less than that of acquiring a brand new client. And that’s a fine objective: like every other business, law firms have to make money to survive. But the firm that seeks to provide more work to current clients because that’s the best solution for the client – because it allows the client to increase efficiencies and drive down costs, because it allows them to benefit from the institutional knowledge their lawyers have of their business, because it offers them better services at a more reasonable rate – is going to be more successful than the one looking to make more money.

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What could you do to improve your cross-selling efforts?

(Originally posted at Zen and the Art of Legal Networking)
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5 Things I Learned at the In-House Counsel Panel at #LMA16

Last month I attended the Legal Marketing Association annual meeting, two days of presentations on how lawyers and firms can better market their services and grow their practices. The highlight of the conference was the in-house panel, which this year featured Vince Cordo, Global Sourcing Officer at Shell, Matt Fawcett, General Counsel of NetApp, and Paul Drummond, Senior Legal Counsel at AT&T. Elizabeth Duffy of research firm Acritas led the discussion.

Here's what I learned: 

1. Value matters. 

Although the panelists agreed that there was no one, standard, definition of "value," they all made it clear that they look to their outside lawyers to bring some form of value to the relationship, such as helping the company meet certain financial objectives, moving the stock price, efficiently resolving problems, anticipating legal issues, and more. The challenge for firms then becomes figuring out how each individual clients defines "value," and providing that.

2. Feedback matters. 

The in-house panelists all agreed that they wished their lawyers did more surveys. They felt firms miss out on an important opportunity to improve the relationship, to learn what their clients don't like and stop doing it, when they don't seek out more feedback from clients. What's more, they made it clear that have things to say – about delivery of service, about skill sets, about how we can make them happy – that they not telling us simply because we don't ask. 

"We don't hire lawyers. We hire law firms."

3. Teamwork matters. 

This was perhaps the most surprising thing to hear, because the idea that clients hire firms, not individual lawyers, flies in the face of what we've been told about the importance of personal relationships in the legal industry. It's important to note that their point was not that they do not expect strong rapport between the in-house and outside counsel; rather, that they give work to firms based on bench strength, on the breadth and scope of skills, on creating and maintaining an environment where everyone contributes and gets credit for their work. 

4. Fees matter. 

Although Paul Drummond told the audience that efficiency is often more important than price, going as far as to say that price is "irrelevant [and] independent of expertise, quality," and other factors, the panelists made it clear that cost continues to be a factor in evaluating the performance of outside counsel. And it was equally clear that the companies on the panel are pushing back harder on certain types of fees to restore balance, to move from a place where legal costs are based on the law firm's perception of value rather than that of the client.  

"Law firms call them 'alternative fee arrangements.' We call them 'appropriate fee arrangements'"

5. Metrics matter. 

The panelists made it clear that clients – now more than ever – are using metrics and data to drive efficiencies and cost-savings. They're all looking at a broad range of data points when evaluating law firm performance, trend that appears to be here to stay. The good news is that they're not shy about telling law firms what they're doing: all you need to do is ask. The better news is, according to Matt Fawcett, the competition hasn't started asking yet…

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So what can you learn from the in-house panelists at this year's LMA conference? That your client is probably more than happy to tell you how you can make her happy. You just need to ask.

3 Questions As You Rewrite Your BD Plan for 2016

The end of the year is always a good time to take a hard look at your business development efforts of the last 12 months: what worked and what didn't, where you want to spend your time and effort next year, etc. If you're going through that exercise – and you should be – here are three questions you should ask yourself:

1. What do I like to do? No, I'm not talking about horseshoes or hang-gliding (though there are no doubt many lawyers who have turned these and similar interests into BD tactics). Instead, you need to figure out what you enjoy, what you're most comfortable doing, and what you don't like, so that you can shape your BD efforts accordingly. Put another way: if you're more at home in front of the keyboard than in front of a crowd, you probably should put public speaking lower on your list than starting a blog. Because you're not going to actively engage in BD activities you don't like to do.
2. What makes me special? Obviously, you wouldn't be a successful lawyer if you didn't bring something special to the table. Something tangible for your clients. Something that makes you stand out, that makes them continue to give you work. Once you figure out what that is – you might even consider asking one or two of them – you can start figuring out a way to exploit that strength, to determine who will be most interested, to articulate that which sets you apart from the competition.
3. What is the market telling me? Staying on top of trends in the market – what regulators are doing in your key clients' industries, what's going on in China, how the presidential election is likely to change the way your clients do business – is essential at all times. But as you're trying to figure out where your biggest opportunities will lie in the coming year, you should be paying closer attention. A good place to start is BTI's recent Mad Clientist blog post reporting on a survey of more than 300 General Counsel on the areas in which they plan to spend their legal services dollars in 2016.

7 Ways To Make In-House Lawyers Happy

Earlier this week, I attended a Legal Marketing Association Ohio conference, "Perfect Your Pitch," featuring six in-house lawyers:

• James D. Campbell, Senior Counsel – Litigation and Claims, Big Lots!
• Ria Farrell Schalnat, General Counsel and Director of Intellectual Property, Vora Ventures
• Mark G. Stall, General Counsel, Escort Inc. and Cobra Electronics Corporation
• Peter Jurs, Vice President and Legal Counsel, Fifth Third Bank
• Robert Horner, Vice President, Corporate Governance and Secretary, Nationwide
• Fred Stein, Senior Vice President and General Counsel, Redbox

The group shared useful insight into what we should be doing to make them happier and get more work. Some observations (in no particular order):

1. In-house lawyers want meaningful relationships with outside counsel. For the in-house people who sat on the panel, it's all about the relationship. They won't give work to people they don't know, people they just met, people who haven't spent the time and effort to get to know them and their company. One panelist said that two years is the minimum amount of time necessary for a relationship to develop into work for the outside lawyer, and that ten years is probably more realistic. That might be a bit extreme, but the point is that they want to work with people they know and like, so the better your relationship, the more opportunities you will see.
2. They like free stuff. All of the in-house lawyers were in agreement that they appreciated lawyers who give them free stuff: forms and checklists, ideas and suggestions, introductions to potential customers, etc. Doing so demonstrates that you care, that you're willing to invest in the relationship, that you're the kind of lawyer they'll want to have on their team. It gives you a chance to "audition" for more work and, most importantly, it opens the door to reciprocity: additional work, referrals, and the like. It was clear that most of the in-house lawyers who spoke have to operate on limited budgets with fewer people than they need, so becoming a "knowledge source" is a great way to stand out as you help your clients get smarter and do their jobs better.
3. They require transparency. All of the panelists talked about the importance of transparency at one point or another. A pet peeve was outside counsel who blew through a budget without telling anyone, instead sending a bill for twice the amount. That isn't to say that firms must stick to expected costs for unpredictable work (think litigation), but rather that they want their lawyers to keep them in the loop when fees start to exceed the budget. They recognized that it's not an easy phone call to make, but were clear that it absolutely had to be made for the relationship to continue and grow.
4. In-house counsel is always interviewing other lawyers. Like all of you, in-house lawyers attend seminars, conferences, social events, and the like. They talk regularly to other providers, and they meet people they like and want to work with. That's a given. For you, it means always taking that extra step, making your clients happy, asking them what they want and then delivering it. But it also means that you're only as good as your last piece of work, and that your client relationships are always at risk.
5. They're struggling to please their own clients. Several times during the day each of the panelists referenced his or her own clients: the CEOs, executives, Boards, etc., to whom they all report. Those clients are just as demanding as yours and, as one speaker pointed out, the risks are much greater for the in-house lawyer who doesn't make her clients happy. Another said (and said again) that he wants his outside lawyers to ask him how those clients are doing every time they're on the phone together. The bottom line? Knowing who your clients report to and how they're being evaluated can make or break a relationship.
6. They're tired of Alternative Fee Arrangements. "Alternative fees are a race to the bottom where associates are getting squeezed." That's a direct quote from one of the panelists, who said that getting work "on time, on spec, and on budget" was better than an alternative billing arrangement. It's not that they're wedded to the billable hour, but rather that they have learned that AFAs do not always mean lower costs – or greater efficiency – so they are understandably skeptical when outside lawyers pitch alternative fees. We should instead be creative in developing billing agreements that are win-win and that allow both sides to benefit from technology and other delivery improvements.
7. They don't like staleness. From the panelists' perspective, outside counsel should always be improving the delivery of legal services, the relationship, the quality of work. One in-house lawyer called it CQI: Continuous Quality Improvement, and said that he liked lawyers who kept the relationship dynamic.

Are you talking the talk? Walking the walk?

Or just sitting at home, watching the world go by from the comfort of your office? When was the last time you traveled outside the country? What languages do you speak? Can you carry on a conversation in a foreign tongue? Have you ever tried? Can you find your way through a crowded Japanese city, negotiate a contract in Columbia, interview a client in Paris? In Japanese, Spanish or French?

On a flight to Asia a few years ago, I struck up a conversation with my seat-mate. Like me, he spent a lot of time on planes and as often happens, our conversation turned to the mileage elite threshold of our favorite airline. I told him that I'd made the 100,000-mile mark over the past two years, but I didn't think I'd reach it for a third year in a row. He told me he already had. It was February.

The world keeps getting smaller. Clients, from corporate executives circling the globe to retirees on vacation to entrepreneurs looking for ideas, are spending more and more time outside the United States. They're seeing the world through different eyes, discovering unknown cultures and traditions, meeting new people and eating new foods and getting new ideas about the way things are done. Shouldn't you be doing the same?