Ask the authorities.

• Author: Hirsch, Stewart
• Position: Business development issues - Column

In order to have diverse points of view for this month's question, we have reached both within and outside LMA and the legal profession.

THE QUESTION

Our business plan with a large client requires that we penetrate areas other than litigation because our senior partner said we have all the company's litigation. Our research revealed that we are doing only 15 percent of the client's litigation. How do I break the news without upsetting the senior partner?

RESPONSES

Geoffrey Frost

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You should never feel scared to discuss these business development issues with your lawyers, and not telling them can hurt you professionally and your firm financially. There is, of course, a right way and a wrong way to deliver the information. Here is how I would do it:

1. Bring data. Have the litigation reports and other research you used to discover this opportunity at the ready. Pull specific cases and complaints to demonstrate that there was work you could have done and someone else is doing it.

2. Deliver the message with a positive spin. Don't directly tell the lawyer he's missing opportunities. Help him draw this conclusion by explaining that you discovered this information as part of your regular due diligence and need him to help you determine whether additional opportunities exist.

3. Conclude with action items. Be prepared with two or three immediate action items to move his thoughts away from the missed opportunities and on to the increased potential from this client.

   Assuming the lawyer is a rational human being, he should quickly acknowledge the additional opportunities and will want to devise a plan to get the work.

   Geoffrey Frost is the director of client development for the high-stakes business litigation firm Bondurant Mixson and Elmore in Atlanta. He can be reached at frost@bmelaw.com.

   Tom Helm

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   This situation can be a delicate one, but try turning this "negative" into a positive. Assuming you have good rapport with the senior partner, be upfront and straightforward about your findings. Facts are facts. Keep in mind the partner may have been told by the client that your firm was handling all of its litigation. You should include your managing partner for political purposes and to help navigate the situation.

   The key is to find out why your firm is only getting 15 percent of the work without overtly asking the client. A couple of possible considerations include:

1. Are there certain types of litigation the...