From Clients' Lips to Counsel's Ear: Effective Service to Institutional Clients, 1113 ALBJ, 74 The Alabama Lawyer 380 (2013)
| Author | Timothy M. Lupinacci |
\xA0\xA0\xA0\xA0\xA0\xA0\xA0\xA0\xA0
\xA0\xA0\xA0\xA0\xA0\xA0\xA0\xA0\xA0Over the past few years, I have moderated several panels with in-house counsel from a variety of businesses, including Fortune 500 companies. The focus of these programs was to identify ways that attorneys can provide effective, efficient and valuable service to in-house counsel and their clients. While the entire foundation of delivering legal service has changed fundamentally over the past five years, it is clear that regardless of the innovations that characterize the legal industry of the future, client service remains a cornerstone.
\xA0\xA0\xA0\xA0\xA0\xA0\xA0\xA0\xA0One of the more striking aspects of talking with clients about these issues is that while each company lawyer has his or her own approach, style and process, the best practices in client service are remarkably consistent. This article provides practical advice from clients on actions that outside counsel should need in building trusted advisor relationships with in-house counsel.
\xA0\xA0\xA0\xA0\xA0\xA0\xA0\xA0\xA0One Thing Remains: Understanding the Clients' Business And Objectives
\xA0\xA0\xA0\xA0\xA0\xA0\xA0\xA0\xA0Outside counsel must be excellent lawyers, have specialized expertise in the matter at hand, provide good advocacy, be efficient, and add value. These requirements are a foundation to get in the door to handle their matters. Equally important, however, is for outside counsel to know and understand the clients business, the company's risks and its strategic plan. It is important to see the big picture and know the clients business objectives. The particular strategies may change how you handle the case once you have a clear understanding of the business objectives.
\xA0\xA0\xA0\xA0\xA0\xA0\xA0\xA0\xA0By way of example, winning a case at trial is not necessarily viewed as a victory for the client if its business objective is to expeditiously resolve matters. A quick settlement a year before incurring the cost and expense of a trial maybe the best outcome for the client. Therefore, it is critical to ask clients (and listen to them) about their objectives for a particular matter.
\xA0\xA0\xA0\xA0\xA0\xA0\xA0\xA0\xA0Likewise, knowing the companies' business is critical if you expect the client to hire you for new business. In-house counsel uniformly disdain lawyers who waste time at a valuable business meeting or lunch simply to find out the basics about the company. Do your homework about this business before you attend the meeting so that the meeting can focus on the client's legal needs and trends it has encountered (which, hopefully, you also learned about in conducting your research).
\xA0\xA0\xA0\xA0\xA0\xA0\xA0\xA0\xA0Clarity: Effective Communication Is Critical
\xA0\xA0\xA0\xA0\xA0\xA0\xA0\xA0\xA0Communication is an important element that you must proactively discuss with the client at the beginning of a matter. You must understand the in-house counsels preferred method of communication and what items need to be communicated on what basis. Some clients prefer telephone calls for routine updates, while others choose emails. It is important to ask and listen to the client in developing a communication strategy for each individual client representative and matter. The style and preference of the client can vary from one in-house counsel to another, even if they are on the same team. Likewise, it can vary by matter depending on the internal profile of the matter.
\xA0\xA0\xA0\xA0\xA0\xA0\xA0\xA0\xA0Most clients do not want to receive a call on their cell phone to grant a seven-day extension to answer discovery. Similarly, counsel does not want an email with an urgent request that has to be addressed...
To continue reading
Request your trial