LawyersUSA

What characteristics do successful firms share? I am frequently asked this question, and I update my "Top Ten" response as needed to ensure it remains in sync with the current state of our profession. Here is my latest list of commonly shared characteristics of "successful" firms (regardless of size or practice areas):

1. Regular firm-wide and individual "health checks" are conducted to identify strengths as well as areas needing improvement.

These assessments must be done carefully. Rushing through an audit process just for the sake of getting it done will result in costly oversights and sloppy results. Checks must be comprehensive and conducted with brutal honesty (wear your invisible thick skin at all times).

2. Firm leaders understand the business of law and their decisions on behalf of the firm reflect this. They keep up with the latest resources and lead with an entrepreneurial spirit rather than one entrenched in traditions that no longer make sense in today's law firm.

3. Risk management safeguards, systems and procedures are taken seriously and applied by all attorneys and staff. The firm's minimal (or non-existent) malpractice and ethical grievance records reflect this.

When employees ask me to define risk management, it usually means their firm is at a high risk for malpractice and ethical missteps. What a crying shame that in our profession, some of the leading causes of malpractice have been in that category for decades (e.g. lack of documentation, conflict of interests, clerical errors, etc.).

4. Client education and excellent service is seen as a top priority every minute of every day and not merely as a discussion topic at annual retreats.

Clients at consistently successful firms don't have to ask what's going on in their cases because they are always kept current and informed regarding the process and made to feel like a valued member of the legal team. We must always be offering services beyond our clients' expectations, as Jeffrey Nischwitz articulates so well in his must-read book, "Think Again: Innovative Approaches to the Business of Law."

5. Creative fee structures are the norm and hourly billing is applied only when no other options make sense.

From a client's perspective, the multiple unknowns arising from a billable hour fee arrangement can foster distrust, confusion and downright shock when the bill arrives. When these destructive feelings surface, the very foundation of the attorney-client relationship is weakened and it then becomes quite difficult to re-establish a healthy, trusting relationship.

6. Marketing the firm goes far beyond speaking engagements, ads and the like. Marketing is a daily – make that hourly – endeavor by all attorneys and staff via even the smallest actions, such as our telephone/email communications or memorable responses when asked what a firm or an attorney does (e.g. "I'm a litigation attorney" vs. "I have the honor of serving as my clients' courtroom voice and helping them through and over their legal hurdles as economically, quickly and painlessly as possible.")

7. Staff selection, training and supervision is not a "shoot from the hip" kind of process. It is taken seriously and implemented by properly trained employees with the necessary management, interpersonal and resourcefulness skills.

8. Specialty areas/niches of practice are developed by all attorneys.

It goes without saying that quality is sacrificed when we attempt to do it all or otherwise over-extend ourselves. Become recognized for having expertise in certain practice areas or sub-practice niches (i.e. prenuptial agreements, specialized appellate work, etc).

9. The best technology tools to assist the firm in staying on course and achieving its goals efficiently and productively are chosen by firm leaders. All attorneys and staff must learn and use the chosen technology. To allow noncompliance by anyone wastes money spent on equipment and software and leads to rampant inefficiency.

10. Creating and using written strategic/action plans (a/k/a "cheat sheets" or law office road maps) for the firm and employees is standard operating procedure, as are budgets and active accountability systems.

Firm plans are invaluable and greatly up the odds of achieving goals, whether created for short or longer periods of time. Employee action plans go beyond traditional job descriptions by defining what is expected of individuals in addition to their normal responsibilities (e.g. learning new skills, attitude adjustments needed). Accountability for noncompliance with firm policies, systems and procedures is sorely lacking in too many law offices. Why go to the trouble and expend the effort to create firm goals if there are no consequences for noncompliance? "Sanctions" can be tiered so that lighter consequences are levied first, with severity levels increasing if the problem persists.

Too many firms expend costly time creating plans that are never implemented, much less incorporated into the firm's culture. What a tragic waste of time and intellectual capital this is! Remember that a ship with every crew member paddling hard, but in different directions, is a ship that is fated to remain circling endlessly.

One last reminder: Success means different things to all of us. We must avoid (at all costs!) defining success in society-driven or traditional terms. Instead, we must define it to fit our personal and our firms' goals. To some, success equals higher profits, salaries, bigger homes, etc. To others, success means being able to practice within one's favorite areas of law while maintaining a healthy and balanced quality of life. As attorneys we must know (and market) what distinguishes our firms and ourselves from others, ensure our actions (vs. mere words) are in sync with our goals and do those things that will help us achieve our definition of success.

Former practicing lawyer Nancy Byerly Jones is a regular contributor to Lawyers USA and the author of the book "Easy Self-Audits for the Busy Law Office," available from the ABA at www.ababooks.org. She enjoys her work as a law office management consultant/coach for attorneys and staff and as a family law and business disputes mediator. For more information, please visit her website at www.nbjconsulting.com. To suggest topic ideas for this column, please e-mail Nancy at: nbj@nbjconsulting.com or call her at 828/264-144, Ext. 10.