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The Key 3 from Colin Powell

January 18, 2008 | Filed Under The Client Speaks, General 

The New Yorker has an article this week about Mike McConnell, the current director of National Intelligence.

When writer Lawrence Wright is recounting Mr. McConnell’s experience in the 1990s as an aide to the Joint Chiefs of Staff, he describes a notable encounter with then-chairman General Colin Powell. Mr. McConnell was briefing the general on developments in the first Iraq war, and fell short with some answers.

Expecting to be upbraided, Mr. McConnell was surprised when General Powell was not troubled by the words “I don’t know,” and responded instead with his rules for an intelligence agent:

Tell me what you know, then tell me what you don’t know, and only then can you tell me what you think. Always keep those three separated.

Since legal counsel are agents of intelligence, I found this worth writing down.

(No mention whether Mr. Powell was still employing these three rules when being briefed in advance of his later testimony before the United Nations.)

Better Client Relationships

January 11, 2008 | Filed Under The Client Speaks, Law Firm Trends 

What law firm didn’t make this a resolution for 2008?

The business intelligence experts at IOMA are hosting an audio conference next Thursday, January 17, 2008 at 2:00 pm EST entitled “Maximize Firm Profits by Improving Client Relationships” (emphasis added). More information, including registration details, is available here.

I will be sharing the virtual platform with Peter Sullivan, a partner at Hughes Hubbard and Reed. We’re planning a timely and lively take on what law firm clients want, and what to do about it. There will be plenty of time for Q&A as well, so this will be interactive and (hopefully) interesting.

Give the program agenda a look; we’d welcome your participation.

The Client Survey Says…

September 26, 2007 | Filed Under The Client Speaks, Selling the GC 

The customer may not always be right. But she is still the customer.

This is clear from the recent Chief Legal Officer Survey from Altman Weil and Lexis Nexis. Your humble correspondent was recently interviewed about this survey in the latest issue of Legal Industry Insight, published by Lumen Legal. A reprint of the interview is available here.

The stark reality of the survey for me is on page 7, in the response to the question “What steps have outside counsel taken to improve the working relationship with your Law Department?” A full 40% said “None.”

My take on that in the interview:

“Firms and relationship partners need to have an ongoing dialogue with CLOs and key managing counsel. This provides a foundation for being proactive about finding solutions,” says John Wallbillich, founder and CEO of Lexvista Partners, a legal advisory firm. “Once you improve your communications with clients, bringing forward ideas to improve services or offering topical training to in-house counsel will distinguish a firm from the 40 percent who are doing nothing right away.

“I think there a lot of CLOs who would fall off their chairs if a law firm came to them with unsolicited cost-savings or best practice ideas.”

The point here is not the exact percentage. It is the perception that exists, in almost half of the CLOs surveyed, that law firms are essentially taking the client for granted.

Lumen Legal CEO David Galbenski is clearly one who gets this, and has been a first mover in providing options for firms to take a closer look at how they deliver services and consider unbundling some strategically:

“Law firms that do that get more business because they build trust with their client. They show that their firm is doing what is in the best interest of the corporation they represent. It will ultimately get them more work and lead to greater profitability, even though they initially ‘gave away’ some margin by bringing in contract help.”

In a time of record profits for many firms, it’s understandable to be wary of doing anything to stop the music. Sooner or later, I expect, many clients will start to change their tune.

Are you feeling lucky?

Update (28 Sept 07): New Conde Nast magazine Portfolio also takes a kick at the can of outside counsel.

Your Pad or Mine?

March 26, 2007 | Filed Under The Client Speaks, Law Firm Trends, Managing 

Are the legal bills you get in the mail today what you are expecting?

According to UK’s The Lawyer, some GCs are growing increasingly concerned over law firm bills, and the size and contents thereof.

In a recent study by that publication, 69% of in-house counsel surveyed had some concerns about the padding of bills; the number rises to 73% when GCs alone are asked.

While there was no definition of “padding,” some participants said it may not be fraud, but more like a failure to scrutinize bills before sending them and what constitutes “good time” from other charges.

Here are some of the responses:

– “I’ve been billed for a conversation between colleagues. And I’m not paying for a junior to learn the ropes.”

– “There’s a lot of time on bills that gives general counsel the impression of padding because too much junior training and learning time is billed and not written off.”

– “Because of the pressure on partners to market, as well as to be legal advisers, they don’t often monitor the bills closely enough, so junior staff might be going off on wild goose chases that the client will be billed for.”

So while there is much talk of rising rates and starting salaries, the clients speak.

It will be interesting to see who is listening.

0.5 hrs, research replevin issue...

Cisco GC Talks Real Legal Tech

January 30, 2007 | Filed Under The Client Speaks, Law Firm Trends, Technology 

The 25th anniversary LegalTech conference is going on in New York City as we speak. Many good people are speaking; good solutions are on display.

Moving West, there’s a different take on legal tech. It’s in the form of a speech by Cisco GC Mark Chandler (hat tip: WSJ Law Blog).

Simply stated, the speech defies a capsule summary. Every in-house lawyer should read it; every law firm managing partner should make it a discussion piece at the next firm meeting. Mr. Chandler isn’t talking about incremental tech-driven change in the approach to delivering legal services to business.

The phrase “paradigm shift” is overused, but that is exactly what Mr. Chandler is talking about: using technology to lower costs and improve legal services, current billing conventions be damned.

Print out Mr. Chandler’s speech, and read it with a highlighter. It really should be the starting point of a discussion. Not a debate, because change isn’t negotiable for forward-thinking GCs.

My personal favorite is this excerpt:

The bottom line is that I’m driven by the same need for productivity improvements as is the rest of the company. It’s simple. As Cisco gets bigger, the share of revenue devoted to legal expense needs to gets smaller. Letters from law firms telling me how much billing rates are going up next year are therefore totally irrelevant to me, or as we say in Silicon Valley, orthogonal to my concerns. Think about it: not one of the CIOs of your firms expects to get a letter from Cisco explaining how much more our products will cost next year. And not one of our suppliers comes to us to tell us how much their prices will go up next year. So from my perspective, I don’t care what billing rates are. I care about productivity and outputs.

I have also written about the annual law firm rate-ratchet-racket. Some firms still see annual increases (up to 20%!) as an intrinsic part of the their business model. Good luck with that…

One last thing in the vein of full disclosure: I have seen a beta version of the Legal On Ramp site Mr. Chandler mentions; content from The Wired GC may be offered to participants.

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