LeftFoot - Fresh Conversations on the Business of Law

Lucy Bassli’s new adventure allows her to have a broad impact on the legal industry. Through her work at LawGeex and the organization she founded, InnoLegal Services, she provides both the ‘what’ of legal advice and the ‘how’ of a consultancy; advising on the effective delivery and receipt of legal services. We summarize our LeftFoot Podcast, Episode 102, below.

Today’s in-house legal departments shouldn’t have to pick a law firm and an alternative service provider. They shouldn’t have to piece together service efficiencies and legal tech. Today it’s more common that law firms are coordinating legal administration and technology on behalf of clients. Law firms are perfectly poised to offer a broad legal tech and human resource solution.

We’re at an inflection point, the volume of work is overwhelming and budgets aren’t unlimited. Lawyers need to get comfortable with other people and systems doing things on their behalf. It’s smart risk-taking. Relying on technology is no different from relying on a paralegal or an alternative legal solution or outsourcer to help. When automating an integral part of a lawyer’s work adoption comes from positioning the new solution as not different but more efficient due to technology. The technology is not making decisions, its helping lawyers do things faster and with more information.

The UK and specifically London seem to be buzzing about legal innovation and legal tech. A recent LeftFoot guest suggested that professional services within the UK specifically London had to quickly implement innovation and efficiencies after the downturn in 2008. The UK didn’t bounce back like the States did. The alternative business structures in the UK allow the delivery of legal services by other businesses, other business people created a healthy tension for innovation.

While there are no reasons legal professionals should be threatened by legal technology and outsourcing; there is no reason the legal field should continue as is.

Lucy Bassli is a recognized leader in legal operations and innovation. The former Assistant General Counsel at Microsoft she recently joined LawGeex as Chief Legal Strategist. She also founded her own law firm and consultancy, InnoLegal Services.

A lawyer labeled as ‘commercial’ is a good thing. Commercial lawyers are interested in quickly and cheaply resolving the client’s business problems as emphasized in a recent interview with Kirkland Partner, Dale Cendali. Dale leads her firm’s Copyright, Trademark, Internet and Advertising practice group.

It’s the age of competition and expertise. Even with the growing addition of professional marketing and business development resources within firms, there’s an expectation that partners manage their business; bringing in new clients; staying current, and important to clients. Being aware and accessible. Seek out opportunities in your area of expertise. Having started her career when specialization was less valued, Dale developed her IP expertise over time combing her interest in the arts and her work in intellectual property and fair use in support of artists and artist’s rights she researched and learned about her topic. Enthusiasm alone will not get new clients you need to make people aware of your expertise. She wrote article after article and gave speeches to any group that would have her.

Become sought after. Over time Dale developed an expertise and a reputation in her field. Today she’s invited to pitches because of it. Being contacted by someone you don’t know; or someone who doesn’t know someone you know; the un-affiliated is a sign that you’ve developed a practice. Today, clients seek the best lawyer for the project there is more competition and less institutional loyalty. Mentor others, build your practice and continue to develop a presence. You need success and a successful track record to be successful at pitches.

Business development is both new and old school. Be seen, be trusted, be friendly, and be knowledgeable. Offer a personal touch, and showcase others. When clients evaluate partners they see the team. Are they well operating, friendly, knowledgeable, and team players? A lot of business development is new and a lot is not; the accessibility of people through electronic means has changed the pace of client support; while being a nice person, having favorable results is not.

Just starting out? Get involved in bar association work. Pick a group, participate, go to meetings, get to know people and people will get to know you, you’ll learn and you’ll be seen in your community and in your firm as someone getting involved. It can be daunting to do business development; to add more tasks to your ‘list’. A career is a marathon take a long-term view.

Dale Cendali is a nationally recognized leader in the field of intellectual property litigation. She’s successfully litigated and tried - numerous high profile cases including having argued before the US Supreme Court.

In the 100th episode of LeftFoot our guest Katie DeBord, Chief Innovation Officer at Bryan Cave highlights the substantive changes taking place in today’s legal environment and how it’s changing the lawyer-client relationship at every level. That the firms, practices, lawyers and legal service providers who are doing things differently investing in innovation and that have a culture of innovation from the top down are making an impact.

Today outside legal providers are differentiating themselves by presenting tools to help clients operationalize their legal advice. There’s an increased awareness of legal operations and the integration of legal advice with the technology available.

It’s about holistic legal service delivery, lawyers asking and addressing business questions. Recognizing that a client may need both legal advice and the efficiency of an LPO. By offering a collaborative approach that’s authenticated and process managed you’ll making it efficient for the client, meeting their expectations within a budget that works for them.

Katie’s advice to partners and senior associates taking on business development responsibilities. Get over imposter syndrome, ask your clients questions. They’ll appreciate that you’re interested in their business. Research, think dynamically about how you and your firm can help them meet their goals including and going beyond the delivery of legal advice.

As Chief Innovation Officer at Bryan Cave, Katie DeBord drives her firm’s global initiative to innovate the way the firm delivers client services. Including new ways of training and developing associates; and new processes and technologies to drive efficiency and collaboration within the firm. She also spearheads the development of custom technologies that enable clients to streamline and better manage their legal operations.

Our guest on podcast episode 99, John de Forte has been advising law firms and other professional services organizations around proposals for over 30 years. He authored ‘Winning Proposals the Essential Guide for Law Firms and Legal Service providers’ in 2017.

Legal Purchasing:

We begin our conversation talking about the growth and influence of professional purchasing within in-house legal. Not yet the final decision makers these professionals are influencing the process and are focused on getting value for money spent while creating a more objective buying process.

Value:

In today’s environment, legal providers should be focused on presenting themselves in the most objective way possible connecting work product to value. Clients are looking for assistance in the management of legal resources and overall legal spend, gone are the days that the role of the law firm is solely technical relative to the law.

Outcomes and Continuous Improvement:

In-house legal is also looking at outcomes and what each partner has achieved specific to outcomes and the benefits of the result. Purchasing and in-house legal are looking for continuous improvement; and an increase in quantifiable value over time. Law firm partners are tasked with providing the data and cost breakdown to assist in evaluating value.

Incumbency:

Retendering efforts for the next contract cycle should start the day after the initial contract takes effects. Start with tracking achievements and implementing an independent review two years in advance of a contract renewal to access client satisfaction, and to surface issues to be corrected. This will be helpful in reiterating the positive things that have happened within an account over the life of the contract. Planning early is the best way to make the most of the natural advantages of having a current contract.

Qualification:

The general feeling among professional services organizations specific to bidding is opportunistic. Implementing a qualification process and being more selective increases win rates and reduces opportunity cost. Successful deal qualification should include positive responses in four areas:

Strategically, is this a sector we have a focus on and are committed to. Can we be successful?

Tactically, is there an existing relationship and do we have access to decisions makers during the tender. Without access or a relationship, your ability to develop a relationship is greatly reduced.

Logistically, do you have the resources to complete the tender well and would there be an opportunity cost specific to other tenders?

Commercially, would this be a profitable business? Is there an opportunity cost of doing the tender that will jeopardize other more qualified deals.

Bid Strategy:

First, develop as detailed an understanding as you can about the organization and the key players in the organization. Your tender is only as good as the evidence in support of the client’s specific requirements. It’s important to understand how the reviewer will be ‘seeing’ your submission.

Second, you need access to intelligence, having a relationship or the ability to develop a relationship during the bid process is important to understanding priorities which are not clear from the tender document.

Third, avoid the trap of looking at a tender as an exercise in compliance. It’s not about filling it out the questions and going through the exercise before a deadline, it’s about getting ahead of the competition. What is the client trying to achieve and how can we assist them. It’s not about capabilities alone.

Rapport:

The primary purpose of oral presentations is to establish rapport. Don’t make the mistake of using a script instead change your mindset and think structure. Know what you want to convey and what will be effective. Strip away any barrier that could exist...

For LeftFoot episode 98 we interviewed David Pashman, a former big law transaction lawyer turned startup general counsel and educator. David is currently the Head of Integration following the WeWork / Meetup transaction.

Reality #1: Going In-House is a Transition

A big part of David’s transition was learning to work effectively with business people, presenting complex legal issues with an emphasis on ‘why his business partner should care’. He also gained a comfort level working with risk and uncertainty, a necessity when delivering timely advice. His approach is to rely on what he knows and doesn’t know. For topics, you know use your own best judgment, for topics you don’t know rely on others. Having a strong sense of what you know - and don’t know - is critical.

Reality #2: Cost Isn’t Always a Priority

When evaluating outside resources, David’s focus isn’t locating a low-cost provider, noting by category that lawyers charge similar rates. He’s looking for outside partners to assist in solving business problems outside his knowledge area with seasoned judgment and experience. In his view, innovation and cost are less important than efficient problem- solving.

Reality #3: Specific Preparation is Expected

When looking to secure a new client, David suggests an amount of research similar to what you’d do if you were interviewing for a position. With the access to information available today, it’s not OK to be uninformed. David looks to evaluate a potential partner’s ability to understand the legal and business situation requiring resolution noting the presenting party should have thought through the business situation and offered suggestions for resolution - even without all the details.

Reality #4: The Goal is Efficient Problem Solving

When it comes to advising on business development, David suggests beginning with a problem the client looking to solve. Describe a possible resolution - in detail; letting the client see how you’d work and communicate as a team. Just starting out? Spend time with business people, understand how they think, what their day is like. Do research to understand your client or potential client’s business mindset.

David Pashman is a former big law transaction lawyer turned startup general counsel and educator. David sees the role of the lawyer as an advisor, business partner and consigliere as opposed to the technician. A true believer in Networking to be successful he joined Meetup as their General Counsel in 2010 and is currently the Head of Integration following the WeWork transaction. David Pashman Bio

Our discussion with Michael McGee, starts off with a point we can’t emphasize enough; it’s about the client. A client's needs come first. Go beyond the legal deliverable and ease the concerns of the client. Get to know your clients, see them in person; get to know their businesses. Listen and continue to ask (and earn) their business. Others are asking you should be too.

Mike’s firm has a yearly strategy for growth including a specific plan and targets for the year. The plan reflects known clients activities in the coming year; what’s happening in specific industry sectors; and what’s occurring more broadly in current events. He notes that the attitude of firm lawyers about the yearly strategy is important. Being smart is table stakes, it’s important that firm lawyers understand that competition exists; and that executing a strategy and plan with energy and enthusiasm matters.

When addressing changing market conditions our conversation quickly turns to data and the ability to break down cases and matters using the tools available today. The availability of data coincides with the shifting of fee risk from the client to the law firm. Originally requests for data and specific cost outlines were driven by clients looking to understand costs, as they owned the risk. With the acceptance and widespread use of fixed fees, the financial risk is now with law firms and the data insights are being used to establish fixed fee pricing agreements.

When establishing caveats for fixed fee agreements, Mike recommends broad-based discussions in advance. For example, ‘we’ve analyzed the drivers of cost within these 5 areas; we feel confident with the fixed fees within these 3 areas; and less confident in these 2 areas and this is why’; ‘we’d like to talk about alternative fee structures for these 2 areas before we agree on fees’. Establishing a basis for this discussion should not be random, get it on the table early, talk about it.

Noting that in some areas of the law, specifically public finance, fixed fee engagements have been in place for 80 years. Lawyers not used to this type of billing are often uncomfortable with the practice. Using analytics to assist with pricing drives accuracy and can alleviate risk bringing us full circle on both the risk and the need for data.

Advice to those starting their business development journey? Begin as early as you can developing a network within your age cohort. In 10 years many of these connections will be in positions of influence as in-house counsel and business leaders. Set-aside time. Focus on the fundamentals, find your authentic voice; make an effort, and business development success and the joy of that success will come.

Michael McGee, Miller Canfield’s, CEO, oversees a firm with more than 300 legal staff; across 16 offices; in 5 countries. A corporate transactions lawyer and a senior member of the Public Finance group he’s put his law, economics and public policy education to good use.

We had the pleasure of interviewing Aliza Herzberg on LeftFoot. Aliza started her own employment law firm in 2017 after a successful 24-year career working for others. Aliza’s key to business development success is making sure she understands and meets the business objectives of her clients. She gets to know her clients and presents them with solutions versus communicating solely about the law. She values a personal touch and makes time to get to know the people she works with at her clients.

As a success story, Aliza shared an experience with a junior lawyer hired to assist with research at a client. While working on the case Aliza spent time and provided mentoring to this lawyer. This lawyer later went in-house and when an employment law matter was raised she recommended Aliza. Over the next few years, this organization became a sizable client for Aliza. A strong reminder that building relationships matters; and that junior and midlevel lawyers make recommendations.

Remembering the advice of one of her mentors Aliza suggests when approaching people for business development you may need to reframe your thinking. You’re not asking the client to pay you, you’re asking them to let you help. You’re asking them to let you provide solutions and advice, you’re offering something of value.

When asked about changing market conditions Aliza conveyed that clients today more than in years past want to weigh in and be thoughtful on whether to litigate or not. They want to have a view of the costs and to be aware of the trajectory of a case at the beginning; as well as a sense of the case status and the cost as the matter as time goes on. They want to understand the routes to resolution and their associated costs keeping in mind that employee distraction and brand implications can be just as important when making the decision to litigate.

When it comes to innovation Aliza commented on the impact of technology and social media on reminding people of the work you do and getting information out. While this type of communication may not have an immediate impact, it will likely bring referrals and direct business over time. Communicate information that reinforces what you do and the manner in which you do it.

Aliza’s advice to those starting their business development journey? Get your skills down and gain a comfort level with your expertise. Wear what you do proudly and be the lawyer you are everywhere you go.

Get comfortable with saying that you require a specific retainer and what your billing rate is. Know your rate, the rates of others you may be referring, and the services of your firm. If needed, stand in front of a mirror and say 100 times ‘my firm has a policy of requiring a retainer of x’. Get comfortable saying it. Legal services cost money and that’s OK. Those who need your help understand and in the end will feel good about the benefit derived from your services.

Last word? Talk positively and with energy about what you do. Think how the work you’ve done and will do helps others. Feel comfortable talking about money.

Tune into our full discussion with Aliza Herzberg, LeftFoot Episode 96 on iTunes, Soundcloud, Stitcher, and LeftFoot.com.

The CEO and Founder of AltaClaro, Abdi Shayesteh is a corporate, bank regulatory, and finance attorney. He worked for a global law firm - a boutique firm - a powerful central bank - and a groundbreaking fintech company before starting the company he now leads. Abdi Shayesteh Bio

A proponent of experiential learning, Abdi implements what he’s learning from his network of advisors and mentors, going back to those advisors, with updates on outcomes after executing their advice and counsel. This process and the willingness to take risks and try new things has been key to his success.

In turn when asked for advice Abdi looks to be part of the process sharing his approach and methodologies for executing on specific advice. His advice specific to implementing strategies for growth? Get in front of the right audience being strategic and surgical about it. Before you engage establish a strategy. Which industries and companies are the right companies to use your services, and what are the types of companies and industries relevant to your practice. Spend time on your strategy then deploy tactics surgically to get in front of your audience both virtually and physically.

Be authentic, if you’re not a good networker in large groups and at large functions - don’t do it. Find what works for you think quality over quantity then ensure you’re connecting with people for the right reasons, that you’re sharing knowledge that’s of value to them, creating an authentic relationship. Authenticity includes knowledge of your expertise, your likability and creating an opportunity to evaluate chemistry specifically your ability to get along and communicate effectively.

Staying in front of clients especially global clients is challenging. It’s important to build a community and be savvy enough to use electronic communication and personalized learning for marketing and client development. Abdi and his firm AltaClaro supports the use of short bites sized videos to communicate ideas, expertise and likability leveraging digital content to get in front of others - to get your message out and be prescriptive to a specific audience that will value it. Today the international legal community is using technology for communication, there’s a real opportunity for US lawyers to do the same.

In developing your strategy and deploying tactical activities to execute on that strategy, experiment with different technologies to get in front of the right audience. Experiment and learn break out of the mold.

In Episode 94 we talk with Mark Cohen, former civil trial lawyer, big law Partner, national litigation boutique firm founder, and insurance industry outside general counsel. An early mover on Legal Tech and Legal process outsourcing, today Mark is the CEO of Legal Mosaic and Chair of the Advisory Board and Chief Strategy Officer at Elevate Legal Services.

Mark attributes his success as a lawyer and businessperson to being relentless, authentic, persuasive, and relating to people as people - telling stories and relying on complex, factual legal matters in a way that people can understand and resonate with. Noting that in today’s legal environment sophisticated legal buyers look seriously at data related to outcomes and efficiency as criteria for selection and for continued use of a lawyer or firm. That the change in the industry is not being driven by the proactive conduct of law firms but rather the insistence on the part of legal consumers for change.

Our discussion focused on the difference between legal practice and the delivery of legal services. That there’s a change occurring with a reduction in activities attributed in the practice of law and needing to be performed by lawyers; and an increase in the services attributed to and performed by non-lawyer legal professionals and the technology tools available to them. This change is requiring law firms to either have an increased understanding of the business of law internally or to be partnering with firms that specialize in the delivery side of the law.

Within the traditional legal culture, lawyers are trained to ‘leave no stone unturned’ vs. to understand the client’s objectives and the value of the overall result of the matter. In the business world, everything has a value and sometimes good is plenty good enough. Until relatively recently, lawyers decided what activities were legal tasks and which weren’t and how much time to allocate to each. Today clients make those decisions and distinctions. This collision of traditional legal culture with the current business culture highlights the need for lawyers to align their efforts with the interests of their clients. These updated work practices including outcomes-based agreements require mutual trust and a commitment from both parties for a positive and effective outcome.

We end our interview with Mark sharing his enthusiastic and optimistic view of the future of the profession. That it’s a terrific time to be going into the legal industry, whether you’re a lawyer, businessperson, technologist or entrepreneur. That the many positive developments as a result of change are leading to the emergence of a global legal community and the opportunity solve some of laws problems. The stagnant, insular and non-diverse; legal culture is beginning to change; that there are limitless possibilities in the legal industry for people who are informed and qualified.

Tune into our full discussion with Mark Cohen, LeftFoot Episode 94 on iTunes, Soundcloud, Stitcher, and LeftFoot.com.

A Conversation with Paula Davis-Laack

Paula Davis-Laack, is the Founder and CEO of Davis-Laack Stress and Resilience Institute. A former practicing lawyer, Paula is a stress and resilience expert and has taught stress and resiliency skills to thousands of professionals around the world.

For those not excited about executing tactical business development responsibilities; networking; pitching on business without success, and generally taking time to grow your practice when you prefer to practice law– this episode is for you.

In LeftFoot episode 93 we talk with Paula Davis-Laack about lawyers and resilience and the relationship between resilience and business development. First, resiliency defined. Resiliency is the ability to deal with a challenge, change, and disruption: How to withstand it? How do you recover? How to bounce forward from these experiences and moving ahead more prepared.

We began our discussion with some common traits of resilient people. Resilient people think differently under stress and pressure. They connect with others more and have the ability to develop relationships, to be part of the conversation. Resilient people are curious about learning and finding out more. Resilient people understand how to thrive, how you recharge and stay engaged.

Resilience is a skill set you can build and practice using tools that can get you through rejection - losing a client, loosing out on a new project with a client or prospect - and help you be more resilient and make meaningful strides. Building resilience takes self-awareness and practice.

Paula shared a quick resiliency tool to assist with ‘thinking differently when under stress and pressure’.

Using the acronym STOP:

S – Stop

T – Take a breath

O – Observe – do a quick observation of how you feel, what your feeling

P – Proceed

Using this quick time out you can reflect on what you’re thinking under stress and pressure and carry more awareness into the next situation.

The relationship between resilience and business development lead us to discuss self-efficacy and ones belief in their ability to be successful. People with high self-efficacy, look at difficult tasks as challenges to be mastered versus threats to be avoided. They believe they can stick with things longer – work harder, and look for resources to assist them versus ways to escape.

In a discussion following our interview Paula shared the following tips for building self-efficacy; an essential component of resilience:

Mastery experiences are the most effective way to build self-efficacy. Getting the chance to learn by doing, and being successful in the performance of new skills.

Vicarious experiences are the next best way. Observing others be successful at the desired activity.

Verbal persuasion – learn by being coached by a credible respected source about your efforts. They express confidence in your abilities to complete the task, give feedback and guidance and recognize a job well done.

Research shows that lawyers with high self-efficacy are better able to identify new business opportunities, create new products, think creatively, commercialize ideas and persevere under pressure.

Embracing resiliency is not difficult, but it does take practice. Like business development, it’s a skill set and can be learned. Tune in next week for Episode 94 where we feature legal industry innovator, Mark Cohen, Chair of the Advisory Board and Chief Strategy Officer at Elevate Legal Services.