THE Conference to attend: Pricing, Practice Innovation, Project Management

LMA-P3 Join me in Chicago in October at P3 Conference hosted by the Legal Marketing Association.  Regular readers know that a consistent theme in this space is the role of established business practices in a modern law firm. While it may have been possible in the past to operate a law firm as a hobby in between billing hours, and it may have been possible to generate handsome profits without regard to the client's perceived value, and it may have been possible to ignore standard business metrics because the phone always rang, the modern law firm leader and the modern law firm must adapt.  As clients increasingly look to extract cost savings from the legal function and improve the predictability of outside counsel expenses, it's critical for law firms to change with the times:  strategic pricing, alternative fee arrangements, project management, leadership training, cost accounting, return on investment and other micro-economic lessons are necessary components in the modern leader's toolkit.  The Legal Marketing Association has combined these topics into a multi-day conference designed to provide comprehensive education and to provide networking opportunities for those whose daily duties involve these topics.

The P3 Conference will commence on 30 September 2013 and concludes on 2 October.  Registration is limited and filling fast, so don't delay in confirming your attendance.  The registration fee is exceptionally affordable given the depth of the content and the quality of the speakers.  If you're not a member of the Legal Marketing Association, join now and benefit from favorable member rates.  While most LMA members spend their days providing marketing and business development services in or to law firms, many new members are in-house counsel, law firm partners, law firm finance and pricing professionals, technology experts, consultants and providers of products and services to the legal profession.  LMA is unique in that all stakeholders are full members... no "haves" and "have nots" in this association of like-minded professionals!

For insights into the genesis of the conference, directly from the desk of the conference chair and one of the founders of the modern law firm pricing movement, visit Toby Brown's excellent article at the 3 Geeks law blog.  For full details on speakers and topics, visit the LMA P3 conference website.  Click here to register.  And be sure to stay at the fantastic Wit Hotel in Chicago, and join us for a drink at the famed rooftop bar overlooking the Loop.

I look forward to seeing you there!

 

Timothy B. Corcoran delivers keynote presentations and conducts workshops to help lawyers, in-house counsel and legal service providers profit in a time of great change.  To inquire about his services, contact him at +1.609.557.7311 or at tim@corcoranconsultinggroup.com.

InnovAction Awards 2013 Call for Entries

COLPM LogoI'm pleased to announce the call for entries for the 2013 InnovAction Awards, a program I'm chairing once again.  The InnovAction Awards, conducted annually by the College of Law Practice Management, is a world-wide search for lawyers, law firms, law departments and others in the legal services field that have invented or successfully applied new business practices to the delivery of legal services.  The goal of the InnovAction Awards is to demonstrate to the legal community what can be created when dedicated professionals with big ideas and strong convictions are determined to make a difference. Who Should Apply?

Loyal readers from the law firm, law department and legal service provider ranks, take a look at your own organization's offerings, products, services or businesses practices. What approaches have you employed this year that have produced fantastic results?  What efforts have resulted in higher client satisfaction, generated more leads, provided a substantial number of people with access to justice, improved efficiency, improved quality, generated a buzz, positioned your organization for future success, developed stronger leadership, leveraged existing knowledge or opened new markets for your services?  Innovation can take many forms.  You can read about the winners here and browse the Hall of Fame to learn more about past Award recipients.

What are the Judging Criteria?

  • Disruption: does this entry change an important element of the legal services process for the better, and marketplace expectations along with it?
  • Value: is the client and/or legal industry better off because of this entry, in terms of the affordability, ease, relevance or its effect on legal services?
  • Effectiveness: has this entry delivered real, demonstrable or measurable benefits, for the provider, its clients, or the marketplace generally?
  • Originality: is this a novel idea or approach, or a new twist on an existing idea or approach?

Who's Eligible?

Any individual lawyer or law firm, practicing anywhere in the world, or any business providing services to lawyers, law firms or consumers of legal services, is eligible. An individual or firm may submit more than one entry so long as they are not duplicative.

 Only entries submitted in accordance with these instructions will be considered. We reserve the right to disqualify, at any time, any and all entries that do not comply with these instructions. All entries and supporting documents are subject to verification. Once submitted, entries become the property of the College of Law Practice Management and will not be returned. All entrants must be willing for their entries to be the subject of articles published in legal and business media. All entrants must be available for interviews and provide requested information in connection with verification of entries to The College of Law Practice Management. Any entrant who fails to comply with the foregoing will be disqualified.

Law firms employing members of the Board of Trustees of the College of Law Practice Management or members of the InnovAction Award Selection Committee will be ineligible for consideration.

How Do I Apply?

The deadline for submissions is June 30, 2013.  Interested in the nominations process?  Visit the How to Enter page to learn more.  Click here to download the 2013 InnovAction Awards application.

The Work from Home Calculus: Productivity + Inequality - Collaboration + Quality of Life - Cost

Yahoo's newish CEO, Marissa Mayer, recently reversed the company policy that allowed, even encouraged, employees to work from home.  This action has generated a lot of news copy, both for and against, and as is now the norm the masses are weighing in via social media.  Most views I've read tend to be stridently for or against working from home, with little middle ground:  one camp assumes such a policy encourages lazy people to watch Ellen all day while the hard workers toil; the other camp assumes such a policy extracts more output from workers who no longer know when the workday ends.  There are endless variations on the theme.  I first worked remotely in 1991 while living outside Boston for a Denver-based company, and since then I've seen every permutation and combination of work-from-home policy and I've seen both experienced and novice executives fumble with managing in such an environment.  My view is that such a policy is a simple study in microeconomics:  if you're clear what outcome you're solving for, the correct policy is easier to choose.  Wearing my former CEO hat, here are the issues I think about when deciding whether an employee may work from home. Photo credit: LexisNexis.comInequality - Let's tackle this right up front. Few businesses can operate 100% virtually. This means that, sooner or later, some people will have to be centrally located and won't have the option to work remotely. Get over it. Your H.R. professionals will quake at the notion of treating employees inequitably, but that's just one of many reasons H.R. professionals rarely end up as CEO. The fact is, treating everyone the same is a stupid idea. Hersey and Blanchard in their Situational Leadership theory posit that people have to be managed differently based on their individual skill set and the task at hand. One person might need to be micro-managed for a task that another person can handle unsupervised.   As I've discussed previously, too often managers make decisions out of a misguided sense of fairness, whether it's cutting all budgets proportionally during down times without regard to profit contribution, or, in this case, refusing to allow a work-from-home policy because if we can't offer it everyone, then we can't offer it at all. Simply put, good leaders focus on what's right for the business and what's right for the individual, and when you have to break ranks and treat someone differently in order to achieve a better outcome, and you can do so without imposing undue hardships on the business, you act.

Productivity - Studies have shown that people are generally more productive when outside distractions are minimized.  I'd provide a few references here, but it doesn't take a double blind study to agree that limiting the interruptions of phone calls, sneezing co-workers, lengthy commutes, endless status meetings, emails, periodic fire alarm drills and long lunch breaks can lead to increased focus and output. In fact, as many companies have learned, those who work from home often fail to adhere to regular work schedules and often work far more than if they were sitting in an office or cubicle for 7.5 hours each day. But the key is to recognize which tasks can benefit from prolonged and isolated focus, and which tasks are unsuitable. I can't answer that for you, but I have enjoyed success asking my various teams to conduct a self-assessment and recommend which of their jobs could be performed remotely, and I've been pleasantly surprised at the candor and objectivity. And at the risk of beating a dead horse, I have rarely been impressed with my H.R. staff's assessments, primarily because so few of them understand the business, let alone individual job designs or tasks. Will some of your employees occasionally watch television, or duck out for a dentist appointment? Of course. But no workplace, even those with an open floor plan, prohibitions against personal phone calls and restricted access to social media, is fully productive at all times.  Also, if you or your managers are unable to hire responsible adults, then I question your own competence.

Collaboration - Technology exists that fosters virtual collaboration, whether it's the awe-inspiring Cisco Telepresence video-conference system, the document management systems allowing simultaneous annotation by multiple parties or business-oriented social media like Chatter or Yammer (although let's not get carried away with our virtual tools!)  Trouble is, many organizations invest in technology as if its presence alone will somehow change behaviors. The fact is, where there is a culture of collaboration, people will find ways, even inelegant non-technology ways, to interact; where there is no culture of collaboration, no technology will solve the problem (One example, law firm CRM, a technology asked to solve a problem lawyers refuse to acknowledge; here's another).  Some who work remotely will suffer from the lack of creativity and innovation sparked by interaction with others -- often spontaneous and unscripted and unrelated to the given task.  Salespeople who primarily operate independently and in the field, but who periodically need more brochures or contracts reviewed, can typically do so without ever setting foot in an office. Programmers who are constantly sharing code or who regularly need input from other teams writing code sets immediately upstream or downstream tend to perform worse when they delay collaboration until pre-set meeting times rather than simply getting up and walking two rows over to compare notes. Again, you'll have to assess the importance of collaboration in your own organizations, but don't underestimate its importance, even in jobs that don't ostensibly appear to benefit from it.

Cost - A former colleague of mine substantially raised his profile and career prospects by spearheading a controversial initiative to close all regional offices and send employees home to work, saving millions of dollars in office leases, equipment and presumed lost productivity from employee commute times.  Like many organizations, we talked of long-term strategy in our annual reports but spent most of the year focused on short-term performance, and make no mistake we saved a lot of money and boosted earnings for a few years through this initiative.  But be sure to focus on the net savings, once the transition costs are calculated. For example, in our case we had to purchase desktop computers or laptops for scores of employees, reimburse in full or in part for an extra phone line (this was before ubiquitous high speed internet access), and reimburse for hotel meeting rooms and countless Starbucks for confabs of small groups who needed to interact regularly. Our savings were still substantial, but your mileage may vary.  An economist might also point out that one man's cost savings is another man's cost shifting. For example, those who regularly visited customers were now required by IRS guidelines to treat their first and last appointments of the day as a commute, which is not typically a reimbursable business expense. The company saved a few bucks in the short run, but the employees devised ingenious solutions to limit their personal outlay by re-arranging their days (and impairing their productivity) in ways that we didn't anticipate. (For more on the cost savings vs. cost shifting debate, see this health care example.)

Quality of Life - An employee who was facing some troubling family health issues and who needed to be home approached me and asked if he could work from home.  The nature of the work he performed for me was pricing analysis, forecasting and modeling, and he could access all systems from home and join meetings by phone or, with sufficient time to plan, in person.  He was far too valuable to lose, and his remote working arrangement posed no burden to the company (other than feelings of inequity from other cubicle-bound colleagues), so I agreed.  For quite some time he was able to attend to his family issues and deliver a quality work product.  When his situation changed, he returned to the office, grateful to his forward-thinking employers for the opportunity.  Without question, the loss of income would have burdened him as would the loss of his specialized expertise have burdened us. It was an optimal arrangement.  For me, even when I was a HQ-based executive, I periodically worked from home in order to avoid the stress of my harrowing hour-plus commute on the highways of New Jersey.  Simple common sense suggests that, all else being equal, a happier employee is a more productive, stable employee.

Your own calculus may differ.  To me this is a fairly straight-forward linear programming equation.  Factor in the things that matter to you - cost, quality of life, productivity, collaboration, equality, etc. - weight the factors accordingly, determine specifically what you're solving for, and do the math.  If cost savings is what matters most, you may choose a different path than someone focused on employee retention or someone focused on a short-term max productivity to push a product out the door.  And don't invite the contribution of the silly protectors of the status quo, the H.R. staff, unless they can add demonstrable value.  Whatever you choose, make it a rational choice based on a variety of factors.  And if you choose to conduct this analysis at home on your comfy recliner while watching funny daytime TV, you have my blessing.

 

Timothy B. Corcoran delivers keynote presentations and conducts workshops to help lawyers, in-house counsel and legal service providers profit in a time of great change.  To inquire about his services, click here or contact him at +1.609.557.7311 or at tim@corcoranconsultinggroup.com.

 

Embracing the New Normal - The College of Law Practice Management's Futures Conference

Calling all lawyers, law firm managers, consultants and vendors! The College of Law Practice Management and Georgetown Law invite you to the 2012 Futures Conference, October 26-27, at the Georgetown Law Center, Washington, DC. Where better to examine leading-edge law practice management issues than to tap our Fellows and guests who are making the future happen now? We’ll discuss:

  • The New Model of Law Firms
  • “Value” From the Eyes of Different Beholders
  • Managing Partners of the Future
  • The Myriad Challenges of Diversity
  • The Consumer Law Revolution (and What It Means for Biglaw)
  • 2012 InnovAction Awards Presentation (hosted by yours truly, the awards chair)
  • New Normal from the GC Perspective
  • Also, for first time, the Legal Academy Practice Research Report —where academics cast a cold eye on your most vexing issues.

The roster of speakers and presenters is unprecedented and includes Jim Sandman, Susan Hackett, Eric Margolin, Amar Sarwal, John Michalik, Thomas Grella, Fredrick Lautz, Charles Vigil, Ward Bower, Aric Press, Toby Brown, Mark Chandler, Tanina Rostain, Stephanie Kimbro, Michael Mills, Marc Lauritsen, Mitt Regan, Juliet Aiken, Heather Bock, Lisa Rohrer, Verna Myers, Ron Friedmann, Mark Cohen, Ben Lieber, Andy Daws, Patrick Lamb and Steve Nelson.  For more details on each speaker, visit the conference website.  If you don't know most, or even many, of these speakers, then you can't possibly be serious about adapting to the new normal.

Learn more about the sessions from conference co-chair, Ron Friedmann, here.

Download the complete Futures Conference brochure here.

Expect a lively and engaging event. Panel presentations with active audience input will combine with breakout sessions to help you understand the forces jolting the legal market today.

Registration is Open 

Register online here for the Futures Conference. Be sure to watch the Futures Conference 2012 meetings page for more information on the program schedule, speakers and special events.

Special thanks to event sponsors (Platinum) Greenfield Belser, Attorney at Work and Practical Law Company, (Gold) American Bar Association's Law Practice Management section, the Canadian Bar Association, International Legal Technology Association, Ricoh Legal and Thomson Reuters and (Silver) Alexander Open Systems, Altman Weil, Inc., Association of Legal Administrators and the Legal Marketing Association.

Which comes first in a law firm, the chicken or the technology?

I spend much of my time conducting workshop for lawyers on Legal Project Management. At the core of the curriculum are basic concepts of communication, predictability, client involvement, process improvement and change management. When these principles become embedded into an organization’s DNA, integral to the way everyone operates, then the organization is ready to take the next step and automate some of these concepts  through the use of technology. In much the same way that young students are required to learn long division the manual way before employing a calculator to do it for them, organizations are best able to incorporate technology solutions when the technology improves upon an existing approach -- even one conducted manually or inefficiently. As I explained my "business concepts come first" approach to Legal Project Management to a global law firm executive committee recently, a partner rejected the premise. “I understand the need to grasp the concepts first,” he said, “but in the end we have to do this with technology so I’d rather start out knowing what technology we’ve selected and design the workshop around it.”

This is an age-old question: Does innovative technology lead to creativity in business processes, or do expanding business processes stretch existing systems and create the need for new technology?  It might be easier to answer another age-old question: Which came first, the chicken or the egg?  Actually, that question appears to finally have a definitive answer!

There’s a familiar arc to the adoption of any new innovation, including new technology.  Sociologist Everett Rogers demonstrated over fifty years ago that social systems embrace new ideas in a predictable fashion, with a small minority of early adopters paving the way for the many late adopters.  In the typically risk-averse culture of a law firm, cutting edge innovation is even more challenging to introduce, as "the race to be second" prevails. Anyone who has heard a lawyer object to a new idea by posing, "How many other law firms have used this idea to address this problem?" knows of what I speak.  Law firms pose additional hurdles.  For example, with heavy reliance on hourly billing the introduction of technology that increases efficiency and therefore reduces billed hours is typically avoided unless or until clients demand it.  So wouldn't a partner's quest for a technology solution, a gesture of willingness to try new things, be a desirable outcome?  Well, sort of.  Let's pat the partner on the back for thinking outside the box.  But ideally, we should seek a better way of doing things, not seek a new tool to do it for us.  And therein lies the challenge.

There are only a few technologies common to all law firms, large and small.  One is, of course, some sort of time and billing system.  Another is an email system.  Many firms don't even have a common document management system.  But most firms have, at least in rudimentary form, some type of client contacts database, also know as a Client Relationship Management or CRM.  But characterizing a law firm's approach to managing client information as a technology issue has forever doomed CRM systems from becoming the game-changer that vendors promise it to be. (Full disclosure: as a corporate executive, I have been associated with two organizations selling CRM tools to law firms.)  For example, many lawyers refuse to share clients with their partners.  Therefore they fail to capture and store robust information about their clients, the client contacts, their business challenges and legal needs, in such a way that encourages others in the firm to help devise solutions to address these needs. Cross-selling fails and we blame the CRM system for not magically inducing new behaviors in partners whose compensation plans reward isolationist activity. CRM should be an approach to managing clients, using collaborative tools to identify clients and business challenges that the law firm is well-suited to address.  But if CRM is perceived to be a mailing list used primarily during the holiday season, of course no one will get on board. (For some tidy discussions of these issues, see here and here.)

This is why I resist the technology question in early discussions of Legal Project Management.  Our objective is to find new ways to incorporate client input into our matter, so that we have common expectations about scope, timeline and budget; we want to establish a common understanding of the elements which may quickly grow out of scope so we can keep an eye on them; we want to know what constitutes a "win" for the client, and how they calculate this win; we want to communicate change quickly to minimize surprise, and so on.  All of this is a mindset, not a technology.  Whether we buy a fancy LPM toolkit (and there are some good ones out there), hire some certified Legal Lean Sigma project managers, or create a project plan in Excel and a Gannt chart made of note cards pinned to the wall, we can achieve the same outcome.  Of course, once we've become accustomed to this mindset to managing projects, it makes perfect sense to automate certain activities, using technology to smooth the way.  But if we approach LPM like CRM, and try to find a technology answer  to "do it for us because we're busy practicing law" then we will fail.

I acknowledge that sometimes a "product demo" of a tool used in certain disciplines can be helpful to get the creative juices flowing.  With LPM, such a demo can help illustrate how budgets are prepared and communicated with clients, or it can highlight the high proportion of tasks that are repeatable in what partners perceive to be bespoke matters, proving that even unique matters have some element of predictability.  But for me, the worse possible outcome is a product demo that induces the lawyers to invest in a new tool and then go back to the way they've always done things.  The tool by its mere presence won't drive change.  This is evidenced by the number of law firms who build or buy sophisticated new tools that no one ends up using, so they end up calling me to help get the partners on board by backing up and explaining the business rationale behind the new tools.

In the law firm chicken and egg question, business process comes first and technology comes second. Otherwise, we run the risk of ending up with egg on our faces.

 

Timothy B. Corcoran delivers keynote presentations and conducts workshops to help lawyers, in-house counsel and legal service providers profit in a time of great change.  To inquire about his services, contact him at +1.609.557.7311 or at tim@corcoranconsultinggroup.com.