Should Law Firms Eliminate Annual Appraisals?

appraisalLet’s face it, associates hate receiving appraisals and partners hate giving them. They’re probably doing more harm than good in many cases.

A lot of talented people are being left confused at best and demotivated at worst.

It is important to remember why annual appraisals were introduced. They exist to motivate, direct, and improve the performance of individuals and organizations.

Those who advocate eliminating performance appraisals don’t disagree with these needs, but they point out that good managers can and do this anyway, and that therefore performance appraisals are a redundant and bureaucratic activity.

It is hard to argue with the point that some partners do on a day-to-day basis what a good performance appraisal is supposed to do. The fact that some partners provide good coaching feedback supports the argument that appraisals can be eliminated, or at least, radically simplified.

The problem is that many partners do not manage in ways that make performance appraisals unnecessary. If an associate isn’t performing to the standards expected by the partner, typically nothing is said – they are just not given any more matters to work on – slow and painful atrophy! Not pleasant!

Organizations do not have to make a choice between no performance appraisals and everyone having a performance appraisal. Edward E Lawler III, Professor at the University of Southern California, points out that an interesting alternative is to require performance appraisals only where they are necessary.

He goes on…

‘One approach organizations can take is to focus on identifying those managers who have the motivation, management skills, and behaviours that make their doing formal performance appraisals unnecessary. In essence, this approach identifies managers who are good managers and leaders and, as a result, do not need to do performance appraisals. They can be certified as not needing to do performance appraisals with their direct reports and their part of the organization can be declared performance appraisal-free.

The challenge in operating with this approach, of course, is deciding which managers in an organization need to do performance appraisals and which do not. Part of this process needs to be training managers to be sure they have the right skills, and gathering data showing that the people working for them have been treated in ways that make traditional performance appraisals unnecessary.

A clear advantage of this appraisal-free approach is that it will motivate managers throughout an organization to become certified as performance appraisal-free managers. It can make being appraisal-free valued as a part of a manager’s package of skills. Without this approach, there often is little incentive for managers to learn the skills that are necessary to do good performance appraisals, and to learn the skills that make them unnecessary.

One needed feature of an appraisal-free approach is a training course for employees about what they should expect from their manager given that there will be no formal performance appraisal. Unfortunately, in most organizations today, employees are not even trained in how they should behave in the performance appraisal. This is one of the many reasons why they are not particularly effective in most organizations.

Of course, even the best performance management system cannot make all managers effective at setting goals, coaching, and giving feedback. The answer for them is not eliminating the appraisal system; it is eliminating them!’

I welcome comments on this idea of scrapping annual performance appraisals in law firms.

A more complete article from Professor Lawler III is available at http://www.forbes.com/sites/edwardlawler/2014/03/25/eliminating-performance-appraisals/2/

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Are Firms Paying Enough Attention to the Economic and Social Megatrends?

The world is changing and fast. That much we all know. But are we aware of just how quickly and in what radical ways? Clients obviously need to know this stuff. But advisors to clients need to know it too.

PwC megatrends

PwC has spotted five economic and social megatrends and here’s a summary of their report:

  1. Demographic and Social Change.

Within the next 10 years, we’ll have added another billion people to reach about 8 billion, with the over-65s the fastest-growing group. But there will be sharp regional variations: Africa’s population is projected to double by 2050, while Europe’s is expected to shrink.

These demographic changes bring risks or big opportunities for businesses, depending on whether they’re forward-thinking or not. PwC is finding that their clients are targeting two core sources of growth:

  • the consumption power of growing population segments; and
  • the innovative potential of a diverse workforce.

For example, Nigeria’s population should exceed America’s by 2045. And with an estimated 865 million women set to enter the economic mainstream in the coming decade, women’s purchasing power will continue to rise.

Another opportunity is global mobility. The number of people being assigned by their employers to roles outside their home country has increased by 25% over the past decade – and PwC projects a further 50% rise by 2020. Put simply, people are planning to move, so there’s an opportunity for companies to make their employment offers more attractive.

The common thread is the move to a more diverse world. And there’s growing evidence that workplace diversity is linked to improved performance by businesses and economies. Innovative companies are already tapping into rising workforce diversity – and it’s a resource that’s set to become ever richer.

These demographic changes also bring challenges. The biggest of which is the combination of rising life expectancy and – in some parts of the world – declining birth rates. In 2050, the average age in Japan is set to be 53, against 21 in Nigeria.

Countries have to respond quickly. Europe, Asia and Latin America will need more women and elderly people in their workforces, together with higher immigration. Africa’s younger population offers a demographic dividend – but only given the right policy responses. And the timeframe is tight. France took a century to double the share of over-60s in its workforce from 7% to 14%. China, India and Brazil face doing it within three decades.

In regions with ageing populations, such as Europe, a further challenge is soaring healthcare costs related to chronic diseases and caring for the elderly. According to the EU, 30% to 40% of healthcare expenses are already being spent on people aged 65 or above. As the share of this group in the overall population continues to rise, the costs of caring for them will also increase – putting social and healthcare systems under intensifying pressure.

  1. Shift in Global Economic Power

On current trends, the aggregate purchasing power of the ‘E7’ emerging economies – Brazil, China, India, Indonesia, Mexico, Russia and Turkey – will overtake that of the G7 by 2030. By 2015, Asia Pacific will have a larger middle class than Europe and North America combined. And the global emerging middle class will represent an annual market of some US$6 trillion by 2021. Such trends and tipping-points mean the traditional way of classifying economies is becoming increasingly irrelevant.

This change is underlined by widening divergences within these groupings. Italy’s economy has not grown in real terms since 2000, while Canada’s has expanded by over 30%. China’s economy has tripled in size while Mexico’s has ‘only’ grown by a third.

These huge economic shifts between countries are resulting in momentous changes in consumption patterns – which in turn are creating and amplifying key challenges for businesses worldwide. They have to chase a moving target, as consumers evolve differently in various markets faster than ever before. They have to address the needs of ever more diverse – and more demanding – customer segments. And they have to fight off increasingly intense and new competition.

The ongoing rebalancing of global economic power also brings major implications for investments in infrastructure. Worldwide, PwC estimates that annual spending on infrastructure will grow from US$4 trillion in 2012 to more than US$9 trillion by 2025 – with a total of US$78 trillion expected to be spent globally between 2014 and 2025. The Asia Pacific market, driven by China’s growth, will represent nearly 60% of global infrastructure spending by 2025. In contrast, Western Europe’s share will shrink to less than 10% from twice as much just a few years ago.

Such global shifts are remarkable not only for their scale, but also for their sheer speed. As a result, the global economic landscape in a decade’s time will be vastly different from that of today.

Here are four features that PwC thinks will become more prominent in the global economy:

  • Emerging markets will challenge developed economies in the production of high-end consumer durables.
  • Today’s ‘F7’ frontier markets – Bangladesh, Colombia, Morocco, Nigeria, Peru, Philippines and Vietnam – will become tomorrow’s growth markets.
  • An expanding pool of highly skilled talent will fuel this emergence, with people from emerging markets increasingly leading global multinationals.
  • Developed countries will benefit from ‘re-shoring’ as wage differentials close.

To prepare for this new landscape and succeed in tomorrow’s changed environment, today’s business leaders need to identify which markets hold the greatest growth potential

  1. Rapid Urbanisation

The global rise of cities has been unprecedented. 50% of the world’s population live in cities. Every week, some 1.5 million people join the urban population, through a combination of migration and childbirth.

Inevitably, this rapid expansion is putting cities’ infrastructure, environment and social fabric under pressure. Over the next decade, New York, Beijing, Shanghai and London alone will need to invest US$8 trillion in infrastructure. The numbers living in urban slums have risen by a third since 1990.

Businesses will refocus their offerings, marketing and distribution towards an increasingly urban customer base with distinct needs and consumption habits. And they must be alert to new opportunities arising from lifestyles shaped by rising population density and readier access to resources.

For city leaders, the implications are also significant as they work to ensure that cities grow in a sustainable way. Leaders face tough choices trying to keep their cities liveable. Options being examined include floating cities – especially relevant for low-lying regions threatened by rising sea levels – and revitalising ‘ghost’ cities or failing economies through crowdfunding. A further approach is to build a new city around the latest technologies: the ‘smart city’. From Masdar City in Abu Dhabi to Migaa near Nairobi, spending on smart cities will hit US$1 trillion within two years.

However, for these manufactured cities, the financial, environmental and social costs can outweigh the benefits from technology. So another approach has emerged: harnessing citizens’ own ‘smartness’ by deploying the technology directly to them in order to keep cities growing and liveable. Examples range from developing an energy self-sufficient street in Austin, Texas, to pioneering groups of small production units in Barcelona.

Rapid urbanisation brings challenges and wider opportunities. One key opportunity is that it can provide part of the solution to another of the megatrends – demographic shifts – as the challenge of the ‘greying planet’ grows. In the future, the majority of the world’s ageing population will probably live in cities. And as people remain healthier for longer, their continuing contribution to social and economic value – for example, by working beyond traditional retirement ages, helped by advancing technology – may produce a ‘longevity dividend’ rather than a burden.

As all these initiatives and opportunities demonstrate, technology is changing the reason why cities exist. Their main attraction used to be jobs. Now people come seeking a better quality of life – at any age.

  1. Climate Change and Resource Scarcity

As the world becomes more populous, urbanised and prosperous, demand for energy, food and water will rise. But our planet’s natural resources to satisfy this demand are finite.

At current rates of consumption, we may have just half a century’s worth of oil and gas left. Yet to meet our development needs, we’re highly dependent on fossil fuels which in turn drive carbon emissions. That’s why we look set to miss the carbon target to keep temperature rises to 2°C by 2034.

The impact of our economic development model is amplified by the linkage between climate change and resource scarcity. Our resulting projection could lead to either of two extreme outcomes: a policy shock, with a global agreement that severely penalises carbon emissions; or a climate or resource shock, where a natural event causes massive environmental and economic damage.

Faced with these risks, many people are looking to governments for solutions. However, in practice, policy actions will remain unpredictable, inconsistent and reactive. So businesses must take the lead in mitigating environmental damage and tackling climate and resource challenges, while simultaneously striving to make their organisations more agile and resilient.

If businesses are to rise to these challenges, sustainability will be vital. Corporate responsibility has evolved from a ‘luxury’ to a business imperative. Ultimately, sustainability is the lens through which every business will be judged by its consumers, workforce, society and even investors. And as businesses move to embrace sustainability, they also need to be able to report on it in a credible and trustworthy way.

As a result, an increasingly important area of focus for businesses worldwide is understanding, measuring and reporting on the environmental and social impacts of the decisions and actions they take. This need is driving the development of innovative ways of measuring and reporting more transparently and holistically on companies’ overall impacts. Over time, progress in this area will help businesses understand and explain their impacts more fully, make better-informed decisions, and rebuild public trust by providing wider and more credible insights.

  1. Technology Breakthroughs

Technology is one of the biggest disrupting forces in organisations. One aspect is that the time it takes to go from breakthrough technology to mass-market application is collapsing. In the US, it took the telephone 76 years to reach half the population. The smartphone did it in less than 10 years.

The price of new technologies is falling equally rapidly: since 2001, the cost of DNA sequencing per genome has plunged from US$96m to less than US$6,000. At the same time, digitisation via the internet has created extraordinary value, as exemplified by Google. And social media is steadily strengthening its position as a dominant force in the day-to-day lives of people across the globe, enabling many of the world’s top brands to capitalise on it to deepen their relationships with customers.

Indeed, the impacts of digital disruption are now so pervasive that no business in any sector – from the smallest family business to the largest multinational – is immune from them. And the pace of technological advances hasn’t slackened at all during the past year. Far from it. According to MIT Technology Review, in 2014 alone we’ve seen breakthroughs in technologies ranging from agricultural drones that enable higher crop yields, to ‘neuromorphic’ chips configured like human brains; from microscale 3D printing of an ever wider range of products, to agile robots that can walk or even run across uneven terrain; and from ultra-accurate, big data-enabled weather forecasts that will boost the contribution from renewable energy, to genome editing that will help tackle previously baffling brain disorders.

All of these advances either help to solve complex problems or open up new ways of using technology – or both. And in each field the progress to date is just the start.

So, what’s next? Companies will find value by uniting four aspects of digital: Social, Mobile, Analytics and Cloud. For businesses, having a digital strategy will no longer be enough. Instead, they’ll need a business strategy fit for the digital age.

For more details, see: http://www.pwc.com/gx/en/issues/megatrends/index.jhtml

Implication of these Megatrends to Advisors to Companies

For you to be a trusted advisor to your clients, you’ll need to have a grip on these developments and know how best to advise your clients. If you can’t, you’ll risk losing them to another firm.

Why not innovate to develop some useful knowhow to help clients? Consider collaborating with other advisors to provide a bigger range of insights and offerings.

Some companies aren’t going to get their strategies right. Professional firms could go the same way if they don’t adapt!

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Why Lawyers Underestimate Fees – Try This Test

How old was he?

How old was he?

The truth is that most of us are over confident about our ability to predict things. Allow me to show you…

For each of the questions below, provide a numerical range that you are 90% sure contains the correct answer. In particular, if you have no idea then give a very wide range; and if you happen to be quite certain then give a narrow range.

Please try your best, but don’t look up the answers or cheat by scrolling down to the bottom!

  1. What was Martin Luther King, Jr.’s age at death?
  2. What is the length of the Nile River?
  3. How many countries belong to OPEC?
  4. How many books are there in the Catholic version of the Old Testament?
  5. What is the diameter of the moon?
  6. In what year was the Boeing 747 introduced?
  7. In what year was Mozart born?
  8. What is the gestation period of an Asian elephant, in months?
  9. What is the air distance from London to Tokyo?
  10. What is the depth of the deepest known point in the ocean?

Now have a look at the answers below. If you are perfectly calibrated then 90% of your intervals (no more, no less) should contain the right answers.

How did you get on? Did you get 90% correct? If so, if I were a client I’d let you estimate legal fees for a matter you were working on for me. If you got a much lower percentage correct, I’m not sure I’d trust your judgement!

Apparently this is a well-known psychological phenomenon. Even when we’re 100% confident we know the answer to something, we’re wrong on average 20% of the time. Bit depressing really.

So it’s not just lawyers getting the fee estimates wrong. We’re all at it!

Pass it on to your colleagues. See who you can trust with their estimates.

 

For answers scroll  down below…

 

 

 

 

Answers: 1. 39 years old: 2. 6,853 km or 4,258 miles: 3. 12 member states: 4. 46 books: 5. 3,475 km or 2,159 miles: 6. 1970 by PanAm: 7. 1756 in Salzburg: 8. 18-22 months: 9. 9,577 km or 5,951 miles: 10. 10,971 m or 35,994 feet

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No Time for Business Development? Finding Those Extra 10 Minutes

Time is melting away...

Time is melting away…

Of all the excuses we dream up, ‘lack of time’ is at the top of the list. We know we should do more business development, but there never seems to be enough time and there’s all that client work to do.

To find the time is a matter of prioritization and habit. It requires discipline.

Andy Puddicombe of Headspace and mindfulness fame offers these tips for people who might struggle to find 10 minutes to meditate. The ideas work for other things as well, such as being more organised around business development.

  1. Start early – Whatever good habit you’re trying to introduce, try to do it first thing in the morning if possible. This will ensure that it gets done and you don’t get distracted.
  1. Prioritize – If the morning doesn’t work for you, make sure to prioritize it at another time during the day. Remind yourself how important it is to carry out the task. Treat it like a client commitment. As David Maister says ‘It’s your future income!’
  1. Keep it familiar – Thinking ‘same time, same place’ will help you turn this new practice into a fully established habit.
  1. Relate it to something else – It might help to integrate your new good practice into a well-established routine or activity. Think ‘switch on computer, then review my BD task list’ or ‘coffee, then BD emails to clients’. In this day and age, even a social media addiction can be a good catalyst. Think ‘check LinkedIn, then marketing activities’.
  1. Flexibility – Be prepared to be flexible with your routine – not every day will look the same, which might mean you have to move your BD thinking to a different place or time. Don’t use this as an excuse to skip it altogether.
  1. Remind yourself of the benefits – After each BD activity, make a connection between your planning and contribution and the positive results. It should help you feel it’s worthwhile and make it easier to sit down each day and maintain a consistent practice.
  1. Be less judgmental – Try not to judge your BD activity too much. There can often be a tendency to think you are ‘bad’ or ‘good’ at BD. In reality, there’s no such thing. If you understand the long term purpose of your practice, this will never be a problem. Procter & Gamble are thought to be excellent at business development, yet only 3 out of 10 of their new products succeed.

    Even P&G don't succeed every time!

    Even P&G don’t succeed every time!

  1. ‘Excuse book’ – If you find you revert back into bad habits, write your reasons for not focusing on BD on a piece of paper. As soon as you see the excuse written down, you’ll be reminded of how important BD is.
  1. Buddy up – Try to get a colleague for mutual support.  You can monitor each other’s activity and give an encouraging nudge to strengthen each other’s commitment to BD.

10. Manage your expectations – Regular BD activity is important to the long term success of your practice. Some might find it easier than others to make BD part of your routine. Don’t beat yourself up if you find it hard. Be sure you focus on just taking each day as it comes.

Any other tips for forming new and better habits?

For Andy delivering a TED Talk see https://www.ted.com/talks/andy_puddicombe_all_it_takes_is_10_mindful_minutes?language=en

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How to Motivate Your Team Members?

carrot and stickWe tend to think that our work colleagues are similar to us – that what motivates and demotivates us, is the same for our colleagues. If we do think that, I’m afraid we are seriously misguided!

I’ve asked hundreds of people what motivates them at work and the spread of answers might surprise you. This is the case even for people doing the same job and who have similar qualifications. We all seem to respond to different sticks and carrots.

So how should managers find out what motivates their team members? It might be considered an awkward question to just come out and ask them. Even if we were asked, most of us would find it hard to answer the question!

It might be appropriate to come at this conundrum from the other direction. By which I mean, it can be easier to find out what demotivates them. Any behaviour that demonstrates a lack of buy-in, commitment and total engagement might provide a clue that there’s something happening that isn’t pressing all their buttons!

Here’s what different people could be motivated by and what managers could do to provide that motivation:

  • High Pay – some people are particularly motivated by a level of pay that’s above average and with the potential to have their pay increased above the rate of inflation. There is not much managers can do about this. This issue is typically dealt with by HR Directors or the bosses.
  • Advancement – to provide the opportunity for the team member to develop and learn new skills, the manager needs to delegate more stretching work and provide on-the-job coaching. We need to fight the urge to do it ourselves, just because it might be quicker or easier.
  • Congeniality – this is thought to be what’s called a hygiene factor rather than a true motivator. Once people have congeniality, it apparently ceases to be a motivator. But if this is important to a team member, it will help if the manager demonstrates that they are a human being and if they open up somewhat about themselves.
  • Autonomy – to enable the team member to set their own objectives and control how they achieve them, the manager needs to avoid being a control freak!
  • Security – for some people, there might be stages in their lives (eg starting up a family or taking on large debt), when the assurance of continued employment might be particularly important. Again, there is not much managers can do about this one. HR Directors or the bosses control this area more.
  • Responsibility – some team members want opportunities to make decisions and be accountable for results. To create this motivation, the manager needs to delegate responsibility and avoid being too directive.
  • Status – some people are particularly motivated by recognition in non-monetary forms. Managers can provide this by allowing access to information, attendance at meetings and an enhanced role in meetings, perhaps by giving
  • presentations
  • Achievement – to provide a sense of achievement, a few ‘well done’s’ will go a long way

Motivation is a seriously important issue. If motivating somebody is a challenge, I recommend we consider what we can do to avoid demotivating them.

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Inspiring and Motivating Others Using the Abraham Lincoln Touch

LincolnThe Gettysburg address is worth studying. President Abraham Lincoln delivered it just a month after his inauguration. There are gems of psychological persuasion hidden throughout the speech, as described by Tim David in the Harvard Business Review.

According to Tim, in the opening line alone, Lincoln delivers four distinct psychological strategies designed to persuade and influence his audience:

Four score and seven years ago our fathers brought forth on this continent, a new nation, conceived in Liberty, and dedicated to the proposition that all men are created equal.

Here is a summary of Tim David’s points.

Strategy 1 – Tell a story.

Research has shown that stories can be powerfully persuasive. In this case, Lincoln’s now iconic opening is a little more specific than the standard “once upon a time,” but regardless of his exact wording, these first words signal to the audience that there’s a narrative coming.

There are many studies that attest to the power of story. For example, Deborah Small at the University of Pennsylvania created two different versions of a marketing pamphlet designed to raise money for a charity. One version was laden with statistical data about the problems facing children in Africa, and the other featured a story about an impoverished girl in the area.

Participants were given just one of the two pamphlets to evaluate and were asked to donate to a charity that promised to help those children in Africa. Those who had received the statistics-laden pamphlet donated an average of $1.43, but those who had received the story pamphlet donated nearly double, an average of $2.38.

So, if you need to be more persuasive in the boardroom, in the classroom, or from the podium, a simple story will greatly increase your chances of moving your listeners to action.

Strategy 2 – Begin from a place of agreement.

Although he had to go back eighty-seven years, Lincoln eventually found something that his entire audience could agree on. Words like “liberty” and phrases like “all men are created equal” are pulled directly from a document that Americans – then and now — revere like no other, the Declaration of Independence. To nod your head in agreement at those words is a near compulsion.

It is crucial to get people to say “yes” to little things if you want them to say “yes” to bigger things later. So start by acknowledging your agreements.

Strategy 3 – Use “We” or “Our”, Not “I”

Lincoln used first person, plural personal pronouns like “we” and “our” throughout his two-minute speech. They help develop rapport and create a sense of togetherness. But there’s also some surprising research that suggests these types of pronouns also increased Lincoln’s status in the minds of his audience.

James Pennebaker studies how people use words. His findings are startling and nearly universal. In his book, The Secret Life of Pronouns he writes, “In any interaction between two people, the person with the higher status uses fewer I-words. [They also] use first person plural pronouns (we, us, our) at much higher rates than those lower in status.”

Whether intuitive or intentional, it’s clear that Lincoln stayed away from I-words and leaned heavily towards we-words, captivating his audience on a subconscious level.

If you want to improve your status and positioning, try removing as many I-words as you can from your emails and face to face interactions and replace them with we-words.

Strategy 4 – Articulate a compelling reason.

In the 1970s Harvard psychologist, Ellen Langer discovered that saying the word “because” when asking for something increases your persuasive power from 60% to 93% – even if you don’t have an actual reason.

Unfortunately, that only really works for tiny decisions of relative little importance, such as whether or not you want to allow someone to cut in line ahead of you. Lincoln was dealing with a line being cut across a country. It couldn’t possibly work with something of any real significance, could it?  Let’s have a look…

Why? “The proposition that all men are created equal.”

Why? “To see whether that nation, or any nation so conceived can long endure.”

Why? “For those who here gave their lives that that nation might live.”

Why? “For us the living, rather, to be dedicated here to the unfinished work which they who fought here have thus far so nobly advanced.”

Why? “[So] that these dead shall not have died in vain — that this nation, under God, shall have a new birth of freedom — and that government of the people, by the people, for the people, shall not perish from the earth.”

People need reasons to do things, and Lincoln gave them more than one.

Figure out what motivates your employees, and when they need a pick-me-up, remind them of those reasons. Stop pointing to the company mission statement. The only reasons that consistently work are people’s own internal reasons. If your goal is to have motivated employees (or children, or students, etc.), then it’s your responsibility to find out what those reasons are.

Lincoln became a great public speaker not only because he knew the right words to say, but because he had a deep knowledge of precisely how it was going to affect his audience and compel them to action. He understood his audience’s perspective.

In order to become great communicators in business and in life, we too must be able to step beyond our own thoughts, feelings, and desires and master the art of words from other people’s perspective.

A full version of Tim’s article is at https://hbr.org/2015/04/why-the-gettysburg-address-is-still-a-great-case-study-in-persuasion

 

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20 Killer Selling Questions

killer questionsMy overall contention is that lawyers don’t ask enough questions before they attempt to sell their services. Here are some good ones. Some relate to a particular matter. Others are more suitable for being appointed on to a panel.

Of course, selling doesn’t work if you simply go through a list of pre-prepared questions. There is no equivalent McDonald’s formula for making the perfect hamburger! It works much better if you tune in carefully to what the prospect says and ask follow up probing questions and summarise frequently, like this.

  1. It sounds to me from what you’re saying that x,y, z are all important to you. Is that right? Can you say more about that?

The more you have invested in building a close working relationship and established your credibility, rapport and trust the more incisive and probing your questions can be. It’s like you need to earn the right to ask them.

Here is a list of other killer questions that might be useful to cover:

  1. What proportion of your legal work is catered in-house and how much is outsourced to external law firms? Follow up their answer with something like:
  2. Tell me more about why you operate in this way?
  3. What do you look for in external law firms? Prompts will help establish what is more important to them: fees (competitive/ discounted/capped); legal advice; innovative solutions; added value services such as training/knowledge-sharing and research services?). Follow up their answer with
  4. Tell me more about why those services are important to you?
  5. How do you like to work with external law firms? Very important question to establish preferred working practices: how many touch-points do they want with a law firm, do they have large teams, who are their internal clients, do they want the relationship to be built vertically (i.e. only top people) or horizontally (i.e. across all levels of the organisation), what level of communication do they like/need? Again, follow up their answer with
  6. Tell me more about why that kind of relationship is important to you?
  7. What are your business priorities at the moment, for the next 6 months, 12 months?
  8. In which jurisdictions?
  9. What projects are you currently working on?
  10. Tell us more about the timeframe for these projects?
  11. How might you use external counsel to support you on this?
  12. When will you be appointing external counsel?
  13. What might we need to do to put ourselves in the frame to be appointed

Here is a list of questions that might be specifically related to being appointed to law firm panels:

  1. What sort of law firm panel arrangements do you currently have in place?
  2. Who is responsible for your law firm panel review?
  3. How many law firms do you have on your panel?
  4. Which law firms are currently on your panel?
  5. Tell us about the process you use to review your panel and the frequency of panel reviews?
  6. What would be the process for us to be considered for your law firm panel?

Not all of these questions will be relevant for all circumstances. The fundamental idea is that you need to think about what ideally you’d like to know before you pitch. Then really, really listen and show that you’ve heard.

By doing this, you’ll be the hot favourite to be appointed because clients love it when you tune in to their needs.

 

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Profile-raising – What Works and What Doesn’t

Are you measuring the effectiveness of your marketing activity? Most firms aren’t, despite spending large amounts of money on marketing.

Part of the problem is that firms are not always clear what their marketing objectives are. For example, are they targeting new clients or trying to cross sell to clients of other parts of the firm?

Most firms use a pretty conventional approach to profile-raising and put their main efforts into using a mixture of seminars and newsletters. I think this is a mistake. Not that these techniques are inherently ineffective. But several clients say things such as ‘I’ll go crazy if I receive yet another newsletter on Employment issues!’

Firms would benefit from being clear about their brand values to help them decide what marketing techniques they should adopt. If, for example, you want to be known as a firm that offers creative solutions to commercial problems, make your marketing more creative. I know one firm that introduced short plays using carefully briefed actors into their seminars to act out certain circumstances. Clients loved it. Another firm opened up its offices as an art gallery with professional curators, to attract particular private clients.

Monitor what your competitors do to market themselves and do the opposite or at least something different. Standing out from the crowd is a huge part of what successful marketing should be doing.

And there are so many others techniques which might help your firm be distinctive. Here are some examples of more innovative and successful campaigns to raise the profile of practice groups:

  1. A firm keen to develop its dispute resolution function

They developed a process for keeping litigation costs under control and invited the heads of the legal functions of several large banks to a themed lunch. At the lunch the firm got insights from the banks about litigation issues from their perspective. This impressed the potential buyers – after all, their existing lawyers hadn’t raised these points. This led to several 1-1 pitches after the lunch and instructions followed from two of the banks.

  1. A firm starting up a product liability function

They collaborated with a small software firm to develop a diagnostic tool for assessing the risk of product liability claims for UK based manufacturers. A number of large companies were happy for the lawyers to visit their manufacturing plants and produce a useful report. It led to the firm getting short-listed for substantial corporate work with a FTSE 350 company where there was no previous relationship.

  1. A firm keen to move from tier 2 to tier 1 in Real Estate in the directories

The Government had recently published a green paper potentially introducing new legislation. The law firm decided to carry out a survey with a leading trade publication. They published the results and ultimately influenced the new legislation. The firms thought this was so successful they have carried out subsequent surveys and has indeed moved up the rankings.

  1. A firm wanting to develop their financial services regulation practice

The firm decided that there were likely to be further market developments and offered a research study to an MBA student. The research findings were then used to arrange meetings with the leading companies in the market. The prospective clients were impressed with the business insights the firm had.

  1. A leading shipping firm keen to develop clear blue water between them and their rivals

A senior female partner set up a club for all the women executives in the industry. Hundreds of women attended events specially designed for women (eg fashion shows, talks from successful senior women in business etc). This provided wonderful opportunities for women in the firm to form relationships with women working in the industry.

  1. A firm looking to develop more referrals from overseas firms

They targeted the satellite offices of particular firms in their home city – the firms which they judged weren’t in the market to compete locally. Only 12 firms were invited to a breakfast seminar and four attended. All four referred work to the firm within the following week.

Could your practice group get better at raising its profile?

If you’d like to know more, I provide a comparison of the impact and cost of different marketing techniques at https://tonyreiss.com/2015/03/10/effectiveness-of-different-marketing-activities/

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Effectiveness of Different Marketing Activities

Below is a list of marketing techniques and my own personal views as to what typically tends to be effective (ie provide value for money) and what isn’t.

Look out for those activities with a low score (because that’s good) on cost/time and a high score on impact, such as asking clients for referrals: 


Marketing Activity
Cost/time Impact Comment
Brochure for firm H L A necessary evil? But just an expensive calling card?
Brochure for product H M For credibility? Use to provide evidence of your capability
Technical bulletin or newsletter M H Credibility; more persuasive than brochure?
Annual review magazine M M Avoid it being too overtly salesy?
Advertising H L Increasingly being used. Not persuasive for professions?
Advertorial (ie paid space) H M Article more persuasive
Sponsorship H L Difficult to measure?
Directories H L Not used by most clients? Helpful for recruitment?
Receptions/ golf days/ watch sport H L Works best as a thank you to clients
Client lunches M H Good for building relationships if used well
Using technology (eg Extranet) L M Vehicle for tailored material? Interactive good.
Social networking (blogs, LinkedIn etc) L M An opportunity while so few partners using social media?
Themed lunch (discussion with small group) L/M H Credibility; builds relationships. Invite external speakers?
Industry research or surveys H H Expensive, but can be useful. Involve associates?
Articles in trade journals M L/M Must be well written and relevant
Press releases L M Need to follow up with journalists
Briefings for journalists L H Give leads and quotes. Give media training
In-house seminars M H Credibility, builds relationships. Minimise ‘chalk and talk’!
Speaking at conferences L M Pick the good events and good speakers
Chairing a conference L H Establishes you as the authority
Asking clients for referrals L H Just needs courage!

Key: H=High, M=Medium, L=Low

Any techniques I’ve missed out? Any challenges to my scoring?

 

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Advice from Partners About Career Progression for Associates

source: vectorleadership.com

source: vectorleadership.com

I’ve asked partners in many different firms about how associates can maximise the chances of doing well in their careers. Here’s a sample of typical responses.

  1. Excellent associates take ownership – they don’t pass the buck
  2. What you know becomes less important than who you know. Get networking and look after your contacts!
  3. Remember that you’re only as good as the juniors working for you – treat them well!
  4. Expect to attend first cousin weddings – don’t expect to attend third cousin weddings!
  5. To manage work/life balance, draw your own line. You can’t expect others to draw it for you.
  6. Do the firm some favours and the firm will repay you.
  7. For those working on international deals, make conference call times equally. convenient for those in US/Europe/Asia time zones.
  8. Don’t bring partners problems – bring them solutions.
  9. It’s the most difficult phase of your career, being in the middle. You need to manage both up and down to avoid being squeezed.
  10. You’re going to get more and more work and the work is going to get harder. So you need to learn how to balance things.
  11. Don’t ask someone to do something that you wouldn’t be prepared to do yourself.
  12. Your juniors want to learn – help them do that!
  13. Be aware that everything you’ve learned at law school potentially works against you being a good manager of others. You need to delegate work and trust junior lawyers.
  14. Don’t hog the visibility.
  15. Be the change you want to see in your firm.
  16. Make it clear to others what opportunities you’d like them to help you with.  If people don’t know what you want they can’t help you.
  17. It is not always necessary to say “yes”, but choose when and how you say “no”.
  18. Help the partner look good.  Make proactive suggestions such as updating the client on developments.
  19. Try to always see things from the client’s perspective.
  20. Don’t create false deadlines!
  21. Make dinner plans for 9.00pm not 6.00pm – you won’t cancel so often.
  22. Find a partner to be your mentor.
  23. Tell yourself to enjoy the journey – then maybe you will!
  24. Build your internal network – look for secondments to other offices.

And finally…for those associates feeling overwhelmed with their current workload who cannot imagine being able to cope with the extra responsibilities of Partnership…

25. In some ways life gets easier as a partner, as you have more control of your own time.

Nice to end with that one I think. Which suggestions most resonate with you?

 

 

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