February 2, 2007 Professional Development Consortium 1 WHAT DO CLIENTS WANT FROM THEIR LAWYERS? Clark D. Cunningham W. Lee Burge Professor of Law & Ethics.

February 2, 2007February 2, 2007 Professional Development ConsortiProfessional Development Consortiumum

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WHAT DO CLIENTS WANT WHAT DO CLIENTS WANT FROM THEIR LAWYERS?FROM THEIR LAWYERS?

Clark D. CunninghamClark D. CunninghamW. Lee Burge Professor of Law & EthicsW. Lee Burge Professor of Law & EthicsGeorgia State University College of LawGeorgia State University College of Law

Atlanta, Georgia Atlanta, Georgia http://law.gsu.edu/ccunningham/http://law.gsu.edu/ccunningham/

http://law.gsu.edu/Communication/http://law.gsu.edu/Communication/


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How Clients Hire, Fire and Spend: Landing the World’s Best Clients

The BTI Consulting GroupWellesley, Massachusettswww.bticonsulting.com

Based on over 1000 client interviews conducted from 2001 through 2005.

July - October 2005:– 200+ telephone interviews with in-house

corporate counsel at large organizations – Median revenue = $ 3.4 billion – 27% of the Fortune 500– 9% of the Global 500


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2004Corporations typically used two primary law firms and seven

secondary law firms 2005

Corporations added four additional secondary law firms (7 → 11)-- an unprecedented increase

53% had replaced or demoted at least one primary law firm in the past 18 months

Did not tell the law firm of the changes in status.– Just spent less and less money with the primary law firm – and more with another law firm – until the law firms’ roles reversed.

Most primary law firms did not recognize dwindling annual billings as a red flag until it was too late.


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In 2005In 2005

7 out of 10 corporations are so unsatisfied with their primary law firms that they would not recommend the firm to others.


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“What is the one thing your outside counsel does that just drives you

crazy?” 21% Failure to keep client adequately informed 15% Lack of client focus: failure to listen, non-

responsiveness, arrogance 10% Making decisions without client authorization

or awareness 7% Failure to give clear, direct advice 53%

21% Inefficient service delivery 15% Billing practices 11% Other


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Clients round out their top three definitions of client focus with an oft-

heard mantra, ‘Be Responsive’

Responsiveness is a must, or we wouldn’t hire them. Fortune 500 Transportation Company

Being responsive and listening to your clients. National Real Estate Developer

When they put themselves in our shoes Major Hospitality Provider

Sensitivity to client guidelines for rules of conduct, anticipation of what the client’s needs are.

Global 100 Pharmaceutical Company


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Provides services in a manner that makes business sense to the client

Major Telecommunications Provider

Being keenly aware of the goals and objectives of your client and aligning your practice accordingly.

Financial Services Provider

Paying attention to the overall philosophy and goals of the client.

Fortune 500 Insurance Company

According to BTI: “Responsiveness to clients goes beyond returning phone calls and replying to e-mails. Clients expect law firms to be responsive not just to their phone calls, but also to their needs. Successful law firms verify client expectations frequently, both formally and informally, to ensure this result.”


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“BTI recommends frequent monitoring of how the market and clients perceive the firm. We find that fewer than 15% of the self-perceptions held by a firm’s attorneys are actually shared by the marketplace. Regularly solicit client feedback and conduct systematic studies of market awareness and brand image to accurately gauge your firm’s reputation.”


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I went to [my current solicitor] because of her reputation and expertise

she is a part-time registrar and has a big reputation as a specialist in this area

but SHE JUST DOESN’T LISTEN. She listens for part of what I have to

say, and then interrupts, saying something like

‘OK, I’ve got the picture, what we’ll do is ...’

and she hasn’t really got the picture, she’s only got half the facts.


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I think it’s partly because she so busy and also because she’s simply not used to giving clients a voice.

What’s more she has actually made me frightened of expressing my views.

I am about to change to another solicitor.


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2000 Research Study Law Society of England & Wales

Hillary Sommerlad & David Wall: Legally Aided Clients and Their Solicitors: Qualitative Perspectives on Quality and Legal Aid

Interviewed 44 clients of 21 different solicitors in the north of England.

50% said that they had previously used a solicitor whom they did not like.

The most common complaint was lack of respect, followed by a lack of interest in the client, and then poor communication.


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ListeningListening

I sent my former solicitor packing because SHE WOULDN’T LISTEN. That is absolutely fundamental; this was my case, only I knew the full circumstances.”

“They must be able to give you time. If solicitors haven’t got enough time, they can’t get enough out of you. You have to have time to be able to tell your story.”


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ExplainingExplaining “At my first meeting with [my current

solicitor] ... I was impressed by his natural ability to talk about technical things with knowledge, but on a level that I could understand.– we actually talked and he explained in

clear language– Other people just had a job to do, but [he]

took time to clearly explain technical things.

– He explained how the system works.” “She speaks of legal matters in a way that is

knowledgeable and she explains it well.” “She communicates clearly. She puts things

in layman’s terms.”


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Legal 500 (Scotland)Legal 500 (Scotland)

“He has the knack of being able to present very complex situations comprehensibly to commercial managers”

“[Their entire legal team is able to] provide a clear explanation to the layperson on sometimes complex legal issues”


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Clients and Their SolicitorsClients and Their Solicitors For many clients, their engagement

with the law was not simply about achieving a result.

Their responses indicated that the process itself was important.

Empathy and respect were not luxury items

But fundamental to the service..


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What do clients most care What do clients most care about?about?

CLIENT PERCEPTIONS OF LITIGATIONCLIENT PERCEPTIONS OF LITIGATIONWHAT COUNTS: PROCESS OR RESULT?WHAT COUNTS: PROCESS OR RESULT?Tom Tyler,TTom Tyler,Trial Magazinerial Magazine (1988) (1988)

Clients care most about the process Clients care most about the process – having their problems or disputes having their problems or disputes

settled in a way that they view as fair settled in a way that they view as fair second most important is achieving second most important is achieving

a fair settlementa fair settlement least important factor is the number least important factor is the number

of assets they end up winning.of assets they end up winning.


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PLAINTIFFS AND THE PROCESS OF LITIGATION:PLAINTIFFS AND THE PROCESS OF LITIGATION:An Analysis of the Perceptions of Plaintiffs Following their Experience of An Analysis of the Perceptions of Plaintiffs Following their Experience of

LitigationLitigationTania Matruglio (Civil Research Centre Australia 1994Tania Matruglio (Civil Research Centre Australia 1994))


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LawCover StudyLawCover Study Australia’s largest indemnity insurer

– Commissioned a Risk Management Project – Sample from over 2000 claims– Extensive & confidential interview with each

lawyer– In most cases also interviewed the lawyer who

defended the claim. Major Causes of ClaimsMajor Causes of Claims

– not dissatisfaction with outcome– But instead the handling of the client relationship– Failure to

listen to the client ask appropriate questions explain relevant aspects of the matter


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Australia: Client Satisfaction with Specialists’ Services

Widespread client satisfaction with the specialists’ legal knowledge and skills

Consistent evidence of client dissatisfaction with the provision of services


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Different ideas of Different ideas of competencecompetence

Practitioners and clients were selecting divergent indicators of performance

Practitioners concentrated on knowledge and skills to deliver outcomes

Clients expected both competence and positive results

But were disappointed by the process of getting there


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Clients complained aboutClients complained about

Inaccessibility Lack of communication Lack of empathy and understanding Lack of respect


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Additional Training Additional Training RecommendedRecommended

client focused rather than transaction focused

client needs are not confined to attaining objective outcomes

listen to clients more attentively diagnose their various levels of

needs demonstrate empathy


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Value of Experience for Value of Experience for Client CommunicationClient Communication

Study by Prof. Avrom Sherr (U of London)Study by Prof. Avrom Sherr (U of London) 143 actual 1143 actual 1stst interviews interviews

– 24 % trainee solicitors24 % trainee solicitors– 76% experienced solicitors 76% experienced solicitors

70% at least 6 years70% at least 6 years 23% more than 11 years23% more than 11 years

High percentages of ineffective interviewsHigh percentages of ineffective interviews– Experienced solicitors generally no betterExperienced solicitors generally no better


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Common Problems with All Common Problems with All SolicitorsSolicitors

51% failed to get the client’s 51% failed to get the client’s agreement to advice or plan of actionagreement to advice or plan of action

76% failed to confirm with client the 76% failed to confirm with client the solicitor’s understanding of the factssolicitor’s understanding of the facts

85% failed to ask before ending 85% failed to ask before ending whether there was anything else the whether there was anything else the client wanted to discussclient wanted to discuss


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Where There Where There WereWere Differences Differences Between New and Experienced Between New and Experienced

SolicitorsSolicitors Experienced solicitorsExperienced solicitors

– Used less legaleseUsed less legalese– Better at “filling in the gaps”Better at “filling in the gaps”– Rated their own interview performance Rated their own interview performance

higher than did trainee solicitors higher than did trainee solicitors But the clients saw no difference in But the clients saw no difference in

performance between trainees and performance between trainees and experienced solicitorsexperienced solicitors

February 2, 2007 Professional Development Consortium 1 WHAT DO CLIENTS WANT FROM THEIR LAWYERS? Clark D. Cunningham W. Lee Burge Professor of Law & Ethics.

Documents

primary law firms

law firms roles

successful law firms

additional secondary

client interviews

client guidelines

client authorization

client expectations