Archive for the ‘Practice Tips’ Category

How International Lawyers Can Avoid Getting Fired

Sunday, October 7th, 2012

A recent article in The American Lawyer shares research by UK-based research firm Acritas about the main reasons that clients fire outside counsel. Major clients cited cost (21%), bad advice or lack of expertise (18%), project completion (16%), poor service (15%), and loss of a key partner (11%) as primary factors in their decisions. Given the additional complexities of international practice, how do you reduce the chances that any of these will happen to you?

As noted above, high cost was the primary reason that corporate counsel fired outside firms. In the international arena, the Magic Circle and other large global firms are known for charging some of the highest hourly rates around. One way to combat high hourly rates is, of course, to adopt alternative billing structures that focus on value rather than hourly billing. For example, the In-House ACCess blog describes how footwear company Wolverine Worldwide and outside counsel Seyfarth Shaw are negotiating to work out a value-based relationship, and the metrics being proposed by each side. For example, in-house counsel proposed a “Trademark Risk Rate” which included total dollars spent on trademark defense divided by the number of trademarks defended. Outside counsel, however, proposed a different set of metrics including Overall Satisfaction and Timeliness of Communication. As the post notes, the parties are in the midst of working out the metrics. However, their efforts show a willingness to create alternative fee structures up front.

As noted in the first paragraph, poor service is another common reason that in-house counsel fire outside firms. However, sometimes differences in cultural expectations can create an unintended impression of “poor service”. Do you know each client’s cultural expectations–and are you meeting them? For example, what are your client’s expectations about work product timing? Is their sense of time fluid, or do they expect advance warning and justification of any schedule changes? Are your clients willing to work directly with lower-level attorneys or do they expect to interface with senior partners to feel that they are receiving good service? (See also Effective Cross-cultural Lawyering in this blog.)

As the Acritas study notes, clients also leave when a firm lacks the right kind of expertise or delivers bad legal advice. Client-attorney cultural misunderstandings, as well as separation by time zones and distance, increase the chance that clients’ expectations won’t be fully met. So, when dealing with a potential client, spend extra time clarifying what kind of legal expertise they are seeking and honestly assess whether you can match it. If you can’t meet their needs, then refer the matter to another trusted lawyer. It is far better for clients to get the legal expertise that they desire rather than to damage your brand by not meeting expectations.

Finally, plan ahead for transitions. When a client’s project ends or the client’s primary lawyer contact leaves your firm, be ready to maintain and nourish the client relationship. This can take extra effort across the miles, but try to maintain open lines of communication with all former clients. Sending articles of interest with handwritten notes is an easy but personal way to show continued interest. Of course, personal visits anytime that you are in the client’s city help to maintain a warm relationship, too.

Implementing these tips will help decrease the chances that you will get fired, despite distance across the miles and time zones.

Tips for Lawyers Wanting to Go Global

Friday, August 24th, 2012

For tips on taking your law practice to a global level, please see my recent article on the Texas Bar Journal (July 2012) titled Going Global: Delving into the International Legal Arena. The article shares advice on building relationships with other international lawyers, developing international legal work, handling global legal work, and the like. Happy Global Lawyering!

Why “Law of the Jungle” Sells

Wednesday, March 3rd, 2010

Last night I got to introduce John Otis, TIME and Global Post correspondent in Bogota, before a local World Affairs Council event. John recently published Law of the Jungle: The Hunt for Colombian Guerrillas, American Hostages, and Buried Treasure. Many years ago as a young journalist he made his way from Minnesota to South America with his typewriter crammed in his backpack; the typewriter took up so much room that he had to abandon his sleeping bag.
John read from his fascinating book, a fact which I later described on my Facebook page.  What interested me was the response that I got.  Although my comments were brief, a number of friends emailed me asking where they could buy the book (answer: Amazon).  Since my description was minimal, I concluded that it was the book’s snappy, intriguing title which had garnered so much attention.  Words like “Buried Treasure” do pique the imagination.

So, when writing articles, blog posts, or even letters to clients, how can you grab your reader’s attention? Although allusions to the “Jungle” and “Hostages” may not be appropriate, writing in a compelling way (not legalese) will set you apart from most lawyers.  Need help?  There are plenty of books, like Words that Work, to give you guidance.

Introducing John Otis

Introducing John Otis

Facebook Safety Tips for Lawyers

Wednesday, February 24th, 2010

The ABA Journal has posted some great, simple tips for using Facebook more effectively and securely. These tips include:  using, and regularly changing, a “strong” password; updating privacy settings; and segregating clients on a “friends list”–and treating this list differently in terms of which Facebook information your clients can access.

Assess International Lawyers' Emotional Intelligence Skills

Sunday, October 4th, 2009

As I prepare to leave for the annual International Bar Association Convention in Madrid, I have been thinking about how (most) law firms still do not fully assess lawyers before hiring them. Most law firms simply rely on candidates’ law school grades, a series of short interviews and/or a clerkship, and for laterals, reputation and legal work experience.  

But what if, as part of the hiring decision,  law firms objectively and thoroughly assessed their potential hires for their “fit” within the law firm–and their “fit” at client relations?  What if law firms assessed candidates’ personality, communication style, cross-cultural skills, emotional intelligence, and the like? Many legal writers have blogged about the importance of emotional intelligence to lawyers’ success, including  Janet Rausch, (summarizing remarks by Dr. Laura Beltsen), and Ronda Muir. Knowing whether a potential client will likely be a rainmaker–or a rainmaking dud–may “make or break”  the hiring decision.

My speech this Wednesday at the International Bar Association conference will touch on the same:  the importance of assessing the skills (emotional intelligence, communication, and the like) of potential hires–and, ideally, of all of a firms’ lawyers.  For those of you who won’t be in Madrid this week, there are a lot good assessment tools that you can use to  evaluate a lawyer’s individual communication style, strengths and weaknesses, personality type and the like include: Birkman™ (; Brain Dominance (; Cultural Orientations Indicator (;  DiSC™ (;  Fundamental Interpersonal Relations Orientations-Behavior (; Mayer-Salovey-Caruso Emotional Intelligence Test (; Meyers Briggs Type Indicator™ (; and Strengthsfinder™ ( NOTE particularly for international lawyers: test results may need to be evaluated/adjusted to take into account the test-taker’s culture of origin, cultural norms and influences.