Law Practice Management Asked and Answered Blog

Category: Strategy

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Jan 21, 2008

Strategies For Surviving In The Present Economy

As law firms begin to plan for the new year we suggest the following key strategies:

Research indicates that three of the biggest challenges facing professionals today are: time pressures, financial pressures, and the struggle to maintain a healthy balance between work and home. Billable time, non-billable time or the firm’s investment time, and personal time must be well managed, targeted and focused.

Today well-focused specialists are winning the marketplace wars. Trying to be all things to all people is not a good strategy. Such full-service strategies only lead to lack of identity and reputation. For most small firms it is not feasible to specialize in more than two or three core practice areas.

Based upon our experience from client engagements we have concluded that lack of focus and accountability is one of the major problems facing law firms. Often the problem is too many ideas, alternatives, and options. The result often is no action at all or actions that fail to distinguish firms from their competitors and provide them with a sustained competitive advantage. Ideas, recommendations, suggestions, etc. are of no value unless implemented.

We suggest the following:

Jan 31, 2007

Future Investments

Question: If a law firm could select only one area for future investment, where would you recommend that such investment be made?

Response: In their people – their intellectual capital. I am amazed at the minimal investment that law firms make in their staff. Law firms are in the knowledge business and their product is their intellectual knowledge. While law firms do invest in their attorneys, such is not the case with the staff. Although staff members are often on the front lines in dealing with clients, very few law firms are providing them with skill training in areas such as communication, marketing, client service, conflict management, effective writing and speaking, time management, computer applications, client complaint management, etc. By the way, attorneys need training in these areas as well. Why do law firms hire the cheapest talent they can find to fill the receptionist position when it is the receptionist who often has the initial contact with a new client. I find it amazing that firms spend huge amounts of money on advertising and marketing and they fail to invest in the other tools needed for effective new client intake. Small firms should consider assigning their receptionist the role of marketing coordinator with responsibility for assisting in the management of client relationships and the firm’s marketing program.

Dec 07, 2006

5 Tips For Reinventing Your Practice

TIP #1: Develop a business mindset. Become an entrepreneur and learn how to think like a businessman. Look at the world from your client’s perspective. Consider you client your business partner.

TIP #2: Select your clients carefully. Establish client acceptance criteria. Learn how to say no. Dump undesirable clients.

TIP #3: Brand yourself. Look for was ways to differentiate yourself from your competitors. Become the only attorney that can do what you do. Make a decision – what do you want to be known and remembered for? Unique services, unique client groups, different service delivery strategy, personal style. Create a five-year plan for goal accomplishment.

TIP #4: Learn how to become “solutions orientated” and become a consultant to your clients as opposed to simply their attorney. Solutions may involve activities and services other than legal services. Think out-of-the-box and outside of typical frameworks in which you are comfortable.

TIP #5: Conduct a firm-wide management and leadership assessment and identify strengths and weaknesses. Enhance management and leadership skills through skill development training and personnel acquisitions.

John W. Olmstead, MBA, Ph.D, CMC

Aug 02, 2004

Law Firm Brainstorming and Focus Groups

Question:

We have a successful practice but need to do a lot of things differently to move to the next level. How can we generate some momentum and ideas?

Response:

Why not use a few brainstorming focus groups and do some brainstorming.

We find that many firms either don’t engage their people or don’t know how to engage their people. Untapped ideas are in the heads of your attorneys and staff. Using brainstorming focus groups and brainstorming techniques can help the firm improve decision making and tap these ideas.

Brainstorming focus groups are not just another firm or staff meeting.
A focus group consists of  (1) people with similar characteristics, (2) that provides qualitative data, (3) in a focused discussion, (4) to help understand the topic of interest. 

    Size

    There groups are typically composed of five to ten people, but the size can range from as few as four to as many as twelve. The group must be small enough for everyone to have an opportunity to share insights and yet large enough to provide diversity of perceptions. When the group exceeds a dozen participants, there is a tendency for the group to fragment.

    Purpose

    Brainstorming focus groups aren’t decision making groups or committees. They are used to generate ideas. The actual decisions are made after all the brainstorming focus groups are completed, not in the individual groups. The brainstorming focus groups are used to gain understanding about a topic so decision makers can make more informed choices.

    The Brainstorming Process

    Brainstorming is a technique whereby individuals or groups generate large numbers of ideas or alternatives relating to a decision without evaluating their merits. Listing alternatives without evaluating them encourages group members to generate ideas rather than defend or eliminate existing ideas. Evaluation occurs after a large array of ideas has been generated. Principles for brainstorming include:

    Moderating the Discussion

    Consider using a moderator team: a moderator and a recorder. The moderator is primarily concerned with directing the discussion, keeping the conversation flowing, and taking a few notes. The recorder, on the other hand, takes comprehensive notes, operates the tape recorder, handles the environmental conditions and logistics (refreshments, lightening, seating, etc.), and responds to unexpected interruptions.

    Recording the Discussion

    A recorder should be appointed and all ideas obtained in the brainstorming focus group should be recorded by either tape recorder or written notes. Written notes are essential. Often ideas are initially listed on flip charts and later converted to written notes. The note taking should not interfere with the spontaneous nature of the session. Notes should be as complete as possible.

John W. Olmstead, MBA, Ph.D, CMC

May 11, 2003

Are More Law Firms Engaging in Strategic Planning

Question:

Are more law firms engaging in strategic planning? Have the results been successful?

Response:

According to a recent survey conducted by the Legal Marketing Association (LMA), 59% of the responding law firms (ranging in size from the largest to 45 attorney firms) have formal written strategic plans. Smaller firms have a much lower experience. In our experiences with smaller law firms we are finding that fewer than 15% have formal written strategic plans. I consider success to be achievement of measurable results as evidenced by achievement of the goals and objectives outlined in the plan and actual implementation of action items. Lawyers and law firms seem to do better at planning than they do at implementation. Larger firms usually are more successful in implementation due to availability of management resources, leadership and functional governance. Smaller firms tend to have problems with implementation. In fact, we frequently recommend that a firm address other management issues prior to engaging in strategic planning. If a firm is having problems implementing day-to-day operational decisions the firm will not be effective in implementing strategic planning initiatives.

John W. Olmstead, MBA, Ph.D, CMC

May 10, 2003

Changes That Will Have the Greatest Impact Upon the Legal Profession

Question:

What changes do you believe will have the greatest impact upon the legal profession?

Response:

The continued impact of the Internet and globalization of business. The Internet is making the world smaller, introducing new markets and competitors, and having a direct impact on what legal services are offered and how they are delivered. Legal services are, and will continue to be provided electronically over the internet. This will cause increased commoditization of some forms of legal services. This technological revolution fueled by the Internet has placed us in the midst of the biggest transformation of civilization since the caveman began bartering. Business is going to change more in the next ten years than in the last fifty. We have become a self-help nation and more self-help legal services are on the horizon. Within ten years the legal profession will be dramatically changed and reinvented. According to Tom Peters, a leading management consultant, only one in ten lawyers (in roles as we now know them) will left standing in ten years. During this period of transformational change it will be imperative that lawyers discard the status quo, embrace change, and define and take charge of their future. Failure to do so will result in the same fate as the medial profession.

John W. Olmstead, MBA, Ph.D, CMC

Mar 04, 2001

Differentiation From Other Law Firm Competitors

Question:

I find it very difficult to differentiate our firm from the competition with respect to marketing, etc. What specific suggestions might you have regarding methods and/or ideas that we could use to increase our market share?

Response:

You need to begin asking you clients about their needs and thinking from your client's perspective. Budgetary certainty and knowing in advance how much a matter is going to cost is important to clients. Efficient operations and the general office environment is important. Lawyers that can listen to their clients and understand their clients problems. We believe that satisfying client needs and expectations, providing outstanding service quality, and adhering to the highest level of ethical standards is a strong beginning.

John W. Olmstead, MBA, Ph.D, CMC 

Feb 12, 2001

Threats Facing the Legal Profession

Question:

What are the primary threats and challenges that the legal profession will face in the next decade?

Response:

The biggest threat is the public perception of the image of the legal profession. In addition the continued saturation of the legal market, reduced demand for legal services, and oversupply of lawyers. Law firms are going to have to change their mindsets and their organizational cultures as well as their methods of doing business. Quality of legal services must be improved. New delivery methods must be implemented and new price options offered.

John W. Olmstead, MBA, Ph.D, CMC 

Jan 27, 2001

Leadership and Accountability in Law FIrms

Question:

What do you see as the primary management problems in law firms?

Response:

We are frequently asked to assist law firms in areas such as management reviews, marketing, compensation, and strategic planning. However, these are often symptoms of another problem – leadership, trust, and accountability. Frequently we find that unless proper leadership is in place we are all wasting time on attempting to treat the symptoms. Without sound firm leadership at the partner level other initatives are never able to get off the ground. Law firm leadership is the top challenge facing the profession today.

John W. Olmstead, MBA, Ph.D, CMC

Dec 12, 2000

Law Firm Retreats

Question:

Why are more legal firms using management retreats?

Response: 

Retreats provide management with the method for resolving major concerns quickly and efficiently. You can get solutions to reducing wasteful costs, tips on increasing client satisfaction and, techniques for improving bottom line revenues, an honest exchange of ideas and a lot more. What do you have to invest? A little time, money and some hard work. It's a small price to pay for taking a step toward being on the cutting edge.

Dr. Thomas J. Venardos

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