There is an old saying that a jury consists of twelve people who are selected to determine who has the better lawyer. Whatever the truth of that saying, there is no doubt that the people who prevail in legal disputes are not necessarily the people who are legally “right”.
How can you possibly explain why a lawyer at a substantial firm took on a file that was outside of his expertise and made a costly mistake, when that very same lawyer had three partners and two law clerks in his department, all of whom would have easily spotted the error if consulted? To make matters worse, had the lawyer involved one of the law clerks on the file to keep costs down, as would normally be done, the clerk would have immediately spotted the error. However, this lawyer chose to do all the work himself at a billing rate higher than the billing rate of the law clerks.
Law firms can be peculiar work environments. To start with, lawyers tend to be quite intelligent and very independent, and often have very well-developed egos. Add to that mixture that lawyers are professionally trained to argue with each other and usually work in a high-stress environment for multiple clients with competing priorities. Finally, keep in mind that law firms typically operate as partnerships, without the more hierarchical and well-established structure of corporations.
Young lawyers often think that there is some magic secret to building a client base, and that marketing is a mysterious and complicated endeavour. I disagree, and I say that as a lawyer who did not really “get” marketing until I had been practicing for quite a long time.
Early in my career, a senior partner in my firm, who I will call Greg, was arguing with the managing partner of the firm because the managing partner wanted Greg to fire one of Greg’s clients.
I once had a law partner named Marvin who taught me what he called the “fish theory” of marketing. According to Marvin, marketing was simply a matter of throwing a fish back to every referral source who threw a fish to you. If you were referred a file from someone, you owed that person a file, and so it went.
New lawyers have a lot to learn about both the law, and how to practice law. Typically doing that will take up their entire workday, and then some.
Law firms like to encourage their lawyers to produce as many billable hours as possible. In order to keep the lawyers ‘motivated’, law firms usually set a target number of hours that they expect each lawyer to bill. Some firms like to set the target at a number which is higher than they expect the lawyers to bill.
I once had a partner named George. George had many very loyal clients, and I asked him to explain to me how he did it. This is one of the lessons which George taught me and which I integrated into my own philosophy about being an effective lawyer.
I am, of course. But I don’t have to make sure that everyone else knows it. Whenever I forget this simple truth, the client ends up paying for it somehow.