By Jennifer Papantonio
What keeps you up at night?” remains a critical question to ask clients, and was among those addressed in a recent paper issued by FTI Consulting and Relativity titled, “The General Counsel Report 2021”, released in January. In this robust analysis of research conducted by Ari Kaplan Advisors in late 2020, General Counsel describe their developing and ever-expanding roles, with particular attention paid to new responsibilities focused on business strategy, policy, diversity & inclusion, and technology. The list goes on, to be sure.
With GCs and other business leaders facing such incredible challenges, how do lawyers continue to manage clients’ transactional, litigation, compliance and regulatory needs, among others, while simultaneously providing professional, and even personal, support? This level of attention and client dedication, while time consuming, is both appropriate and necessary — and it must be intentional, tailored to each relationship and circumstances.
Not-So-Fun Factoids (And a Good One)
A March 2020 Corporate Counsel article highlighted the COVID information fatigue that in-house counsel were already facing — in March — a relatively early phase of this long and tortured global event. (See, “In-House Lawyers to Law Firms: Enough Already With the Coronavirus Webinars.”) In this brief, yet highly relevant piece, one source was quoted to say, “only two law firm partners have called”. She went on to note that she had received numerous updates on force majeure (and likely other topics), which were most assuredly sent from well-meaning, client-focused firms. [Note that providing such resources is vital and — they are an important part of good, if not great, client service. In fact, many Requests for Proposal (RFPs) for legal services ask firms to include a summary concerning their “Value-Added Services,” which anticipates such informative resources, as they should].
Without knowing the substance of the discussion between the source and the partners who called, we are left with the sense that those calls mattered. It led those in our discussion group who read this piece to conclude that it must be quite rare, or at least infrequent, for business leaders and in-house lawyers to receive such a call. One partner in leadership queried on this subject had a more positive, and strikingly different experience in this context. In asking clients for a few minutes of their time “just to catch up” during the initial peak of the pandemic in the Northeast, not one declined. Nobody. These incredibly busy general counsel and C-Suite leaders, many working from home with barking dogs, spouses/partners handling work and other responsibilities, and children attending virtual classes, all under the same roof, made the time. Why?
In an article from Harvard Business Review (HBR.com), “Listening to People,” a survey of executives from a manufacturing plant in Chicago were quoted as saying:
- “Frankly, I had never thought of listening as an important subject by itself. But now that I am aware of it, I think that perhaps 80% of my work depends on my listening to someone, or on someone else listening to me.”
- “I’ve been thinking back about things that have gone wrong over the past couple of years, and I suddenly realized that many of the troubles have resulted from someone not hearing something, or getting it in a distorted way.”
- “It’s interesting to me that we have considered so many facets of communication in the company, but have inadvertently overlooked listening. I’ve about decided that it’s the most important link in the company’s communications, and it’s obviously also the weakest one.”
The date of this groundbreaking piece? September 1957. While not focused on legal services delivery, the quotes resonate today — and it does not appear that much has changed. But maybe we’re trying. A casual online search shows that there are likely more courses, books and podcasts on “listening” than ever before. More than 20 pages of results revealed tactics and solutions for individual professionals, corporations, and anyone inclined to develop the “skill”. [Side note: Peter Drucker, the famed management consultant, may have gotten closer to the mark when he said, “Listening is not a skill, it is a discipline.” Perhaps listening is a combination of both skill and discipline. The discipline of listening, and components of this skill set, embarks on a far longer discussion.]
So what do we do? UK-based professional services advisors Openside published results of its discussions with buyers of professional services. In Openside’s Points of View column, “What buyers of professional services are really looking for,” they comment, “[Professional Services] Firms should ask questions, listen to the answers and frame a solution within which the client is the hero, not the professional services firm.” (emphasis added). This does not date to 1957, but again, not much has changed. Putting the focus on clients, and inclining an ear to truly hear from them, enables lawyers to help clients succeed in their goals, and then everyone wins — most importantly, the client.
Two of the Most Successful People I Know
Returning to the law firm leader who effectively engaged clients in discussions during this tumultuous period — he not only found these busy professionals willing, but eager to talk. Surely there are profound challenges affecting nearly every element of life right now. But to the earlier point of “why” the clients were willing to eke out some of their very valuable time, consider the nature of client/lawyer engagement. Lawyers are involved — some might say critically so — in some of the most significant, meaningful, and at times, difficult business issues faced by clients. And while the pandemic has surely given us much to digest, discuss and yes, disseminate content about, we know that listening is essential to good business relationships, pandemic or not. In The Practice: Brutal Truths About Lawyers and Lawyering, author Brian L. Tannebaum exhorts: “While clients understand you are the person hired to try and resolve their legal issues, the non-so-subtle secret of a successful practice is a slew of clients who believe their lawyer actually [cares] about how their legal issues are affecting their … life.” Tannebaum, who has a consumer-facing practice and has been frequently vocal on the legal industry, makes his point well. As the aforementioned story of the law firm leader suggests, there really is no difference at all. Clients, and all of us, just want to be heard.
Success Stories
Two brief tales of client discussions follow. The first involved a most pleasant surprise during a casual business gathering, when a client volunteered a valuable reflection of her relationship with outside counsel. No invitation to chat required.
One
In-House Counsel: “You should know, [lawyer] at your firm will always be my attorney. We were facing an issue that your firm was not ideally equipped to handle. You simply didn’t have an attorney with the necessary expertise. Rather than taking on the engagement and ‘figuring it out,’ [lawyer] listened to us, understood our need, and referred us outside the firm to a very capable attorney. With that level of concern for our business, you’ve earned my complete loyalty.”
Listening and putting the client’s needs first were key to maintaining — and growing — the client relationship.
Two
In-House Team: “We have a few concerns, one of which involves the manner in which you select CLE topics to present to [our global company].” Clearly the tip of the iceberg, the client went on to say that the firm’s lawyers also delivered the content in a manner that was frequently perceived as arrogant and off-putting by the in-house team, a highly qualified group of attorneys themselves.
Solution: The firm’s representatives thanked the clients for confiding in them. More importantly, the firm worked with its client to develop a well-defined continuing legal education program that was focused on the needs of the institution and its lawyers, and helped the firm’s lawyers to better understand the impact that their cavalier attitude toward in-house attorneys had on the relationship.
The firm listened and put into action a responsive plan of action to address their client’s concerns. The result? The firm nearly doubled its revenues with that client in the year that followed.
Conclusion
Someone once said that marriage is “one long conversation” and I agree. In life and in business, communication is essential. The famous presidential advisor, business leader and philanthropist, Bernard Baruch, said “most of the successful people I’ve known are the ones who do more listening than talking.”
*****
Jennifer Papantonio serves as Peckar & Abramson’s Chief Client Service Officer. With nearly two decades of experience in client relations, business development and marketing, Jennifer provides strategic direction and support in connection with the firm’s key client satisfaction initiatives and myriad business development and marketing efforts. She can be reached at jpapantonio@pecklaw.com or on LinkedIn @jennifer-papantonio.
Source: Law Journal Newsletters, February 2021 (https://www.lawjournalnewsletters.com/2021/02/01/the-effective-act-of-listening/)