Want to know what entrepreneurs and business owners hate about lawyers? If you don't already know (or can't guess), take a look at this article: Top 10 Reasons Why Entrepreneurs Hate Lawyers from Venture Hacks by guest author Scott Edward Walker of Walker Corporate Law Group.
There isn't much that comes as a surprise in this article. Most lawyers are well aware that these are the common complaints made about lawyers, and they claim that those complaints don't apply to their practice, and yet those complaints persist. Why? Is it just a misperception or are lawyers still failing in these areas?
Take a good, hard look at your own practice - can you improve in any of these areas?
Let's look at each one in turn:
Failure to communicate clearly
I blame law school education, at least in part, for this one. Law school education consists in large part of reading statutes and case law for precedent, and some of these precedents are years, decades and sometimes even centuries old. The language is often stilted and outdated. Lawyers learn this language. And while it is necessary to learn the language of the trade and the legal 'jargon' that goes along with it, most lawyers never learn how to translate that language back into plain English. That leads to a failure to communicate clearly with clients who usually haven't been to law school.
Are your documents and client communications written in 'legalese?' Can you simplify them to make them easier for your clients to understand? Can you provide clients with explanations of legal terms or shortened, "Cliff's Notes" versions as a guide?
Failure to keep clients informed
You're busy. You've got a lot on your plate and a lot of clients to juggle. The reality of legal practice is that there may be times when nothing is happening on a particular client's matter - you may be waiting for your adversary to file a response or for the court to schedule a conference or render a decision, for a third party to provide information or for an investigation to be conducted and a report rendered. The client's matter may have come to a complete standstill as a result. You know that this is normal and to be expected, but your client doesn't.
This may not be your only matter, but it is the client's only matter - and the client has a lot riding on it. Are you keeping them informed, even when nothing is happening? Are you reassuring them that everything is moving along as anticipated? Does the client know you haven't forgotten about them?
"Overlawyering" or taking a one size fits all approach
Every client and matter is unique, if only because each client comes to you with a different background and different expectations. Clients are becoming more demanding, and they don't want to pay lawyers for a commodity approach, particularly when the work or services being provided is not applicable to the client's specific situation.
Discuss your approach with the client. Take them through the steps that you believe are necessary to reach the client's goals. Make the client part of that process and get their buy-in. If you can't explain to the client why a particular task, approach or document is important to the client's desired outcome, it might be time to reassess whether you're appropriately meeting the client's needs, or whether you are performing unnecessary work.
Being bad listeners
Lawyers complain that clients don't listen to their advice or don't pay attention to what they're being told, but too often the lawyer is the one exhibiting poor listening skills. Most lawyers genuinely want to help their clients, but in their rush to be the hero, save the day and provide the client with "the" answer, they fail to listen to the client's real needs, miss the underlying problems or opportunities, or misunderstand the client's expectations and goals.
Instead of assuming that you know the answer to the client's problem, take a step back and listen to what the client is saying. As the Venture Hacks article points out, although technology tools can be helpful, they can also get in the way of good listening. Don't multi-task - put that Blackberry or iPhone away during meetings, negotiations or any other face to face contact with clients (or with anyone else, for that matter).
Giving the lion's share of the actual work to younger, less experienced lawyers
Although one of the ways law firms make money is by leveraging their associates, leveraging can go too far, particularly when the leveraged approach results in clients paying lawyer's fees for work that can be done by non-lawyers, when the value of the work performed is outweighed by the fee charged, when double-billing occurs, when the client is given the impression that their matter is being handled by a senior lawyer but the bill reflects only work by junior lawyers, or when it becomes clear that the senior lawyer is not well-informed about their matter.
Be honest with your clients about who will be working on their matter, when, and why. If a particular matter can be competently handled by a junior lawyer and the client will save money and not sacrifice their goals, communicate that to the client. But remember that training is the job of the law firm, not the client.
Wasting time on insignificant issues
Most lawyers will say that issues the client thinks are insignificant may not be. But if a client is complaining that the lawyer is spending too much time on insignificant issues, it's clear that the lawyer has failed to explain why the issue is not insignificant and how it relates to the client's goals, wants and needs. The impression this leaves is that the lawyer is merely trying to drive up the bill.
(It's also worth noting here that the time expended only becomes an issue if the lawyer is billing by the hour, and this highlights one of the problems with hourly billing.)
Does your client understand why you're focusing on a particular issue? Can you articulate whether the work you are performing for the client relates to the client's underlying goals and anticipated outcome? Is the work appropriate for this client? Has the client consented to it?
Treating clients like files (or revenue generators) rather than people
Whether your practice is a consumer based or business to business, you're dealing with people. Your contacts within the business are people. Your bills are reviewed by people who will use their judgment to determine whether you have provided value and whether your bills should be paid.
Don't just give lip-service to your clients and claim to care about them - show them that you do care about them and their businesses. If you don't get excited about what you're doing or who you're doing it for - if you're just faking it - your clients will see right through you. If you're indifferent towards your clients, they'll be indifferent towards you and your firm. That leads to dissatisfied clients, unpaid bills, and loss of business.
Charging high fees
What this complaint really boils down to is that clients don't understand your fees, why you charge them, and most importantly, how those fees relate to the value of the services you provide and why they are necessary to reach the client's goals.
Can you do a better job of explaining value to your clients? Is your fee structure built in such a way that the value is communicated to clients on a regular basis? Are your fees related to the value of the service you provide, or are they based on some other arbitrary calculation? Can you demonstrate why your fees are a 'good deal' for your clients?
Being unresponsive
This one gets heard over and over, and with the technology available today, there is even less of an excuse than ever before for being unresponsive. Clients have a lot invested in their matters. At times, their concerns may seem overblown or unnecessary, but that doesn't change the fact that they are concerned and that they want their questions answered and their minds put at ease.
Return phone calls and emails promptly. If you want clients to use or avoid a particular form of communication, make that very clear up front and remind clients throughout the engagement. Make sure you set expectations about communications from the outset and stick to them. If you can't get back to a client right away, have someone else get to it, explain why you can't get back to them and try to resolve their problem or give the client a specific time when you will contact them. If you're a solo, return calls at night if necessary, just to let the client know you haven't forgotten about them. Let them know when and how they can connect with you.
Spotting issues and failing to provide solutions
This is another problem exacerbated by the legal training lawyers receive. Lawyers are taught to spot issues, but rarely, if ever, are they trained or even encouraged to find solutions. While it's important for lawyers to be able to point out the potential pitfalls or hidden minefields facing their clients, it is equally important that lawyers work with clients to reach the client's desired resolution.
Lawyers who can innovate and work with clients to brainstorm solutions or creatively structure deals to reach a resolution, rather than merely telling the client why what the client wants isn't possible are lawyers who will continue to be in demand, who will be able to charge premium rates and who will develop a loyal following.
What is your experience with these 10 issues - are they simply misperception or are they real? What are you doing to ensure that your clients don't have these complaints about you and your firm?