Andrew McDermott

An attorney finds themselves in a precarious position. They’ve waited until the very last minute to complete their required CLE. Now they’re attempting to earn 24 hours of CLE credit, but they only have 36 hours left.

It’s stressful and disruptive.

It’s also completely unnecessary. If you’re focused on CLE best practices and you have a framework to follow,  your CLE requirements should be a breeze.

Why do attorneys wait until the last minute?

They obviously know better.

Yet practicing attorneys continue to scramble at the end of their registration period. Are most attorneys inefficient, lazy or clueless?

Not at all.

The vast majority of attorneys procrastinate because they’re overwhelmed. They’re struggling to meet the vast array of demands placed on them:

• Business demands: Owners of small firms are fighting a never-ending battle to keep the lights on and their doors open. Circumstance requires that they wear multiple hats. Many are exhausted, burned out and fighting to keep their firm afloat.
• Partner/firm expectations: Attorneys are expected to produce a certain amount (hours) of billable work. Year after year, that number continues to rise. To complicate matters further, many are expected to become rainmakers as well.
• Client demands: Clients are fixated on value and outcomes. The demanding clients of today expect a significant amount of communication from the attorneys handling their matter. They expect more work in less time and for less money.
• Familial expectations: There’s a price to pay for going above and beyond. Performing well at work often means underperforming at home. Many attorneys find it hard to balance the personal and professional demands placed on them.
• The deluge of non-billables: Attorneys are spending 6+ hours per day on non-billable work. They’re buried under administrative, document management, timekeeping and business development tasks.

Here’s the problem.

Pundits outline a list of best practices attorneys should follow. These are excellent tips, but they lack context and a keen understanding of the challenges attorneys face today.

Let’s take a look –

• Don’t procrastinate. Don’t wait until the end of your registration period to complete your CLE. Compliance periods range from one to three years, depending on your jurisdiction. Complete your courses year-round so you won’t have to cram 24 credits into a 36-hour time frame.
• Don’t pass the time. It’s a bad idea to optimize courses around credits. Don’t take CLE courses unless you’re actually interested in them. Your objective is becoming a better attorney, not passing the time.
• Track your credits. Lawline offers a free CLE tracker you can use with any state requirement, any provider and any course format. You can also download CLE worksheets to track your time. Take the time to ensure you receive credit for your hard work.
• Stay engaged. Don’t disengage from the process. If you’ve procrastinated and you’re scrambling to complete your CLE, stay engaged in the process. Don’t cheat yourself by tuning out, listening passively or disengaging from the course material. Stay focused and your learning will compound, giving you the advantage you need to surpass your peers.
• Remember specialty credits. Most states require some sort of specialty credits (e.g. ethics, mental health, diversity and inclusion or professionalism). You want to check the requirements for your state, ensuring that you have the specialty credits you need.

Here’s the problem with these best practices.

They lack perspective.

Life is messy, especially when combined with the bevy of business, partner, client, familial and non-billable demands placed on attorneys. These best practices are good habits you should do your best to follow.

They’re that important.

But they’re also not the best way to optimize your learning.

What does that mean?

It’s common for attorneys to view CLE requirements as a burden, an unnecessary load that they are forced to carry. In reality, these CLE requirements are a privilege.

That sounds strange, doesn’t it?

Think about that for a moment. A governing body requires that you continue your education. That you do what it takes to become a better attorney. This isn’t the way it works for most other industries. They tend to follow a Darwinian approach instead.

Survival of the fittest.

Firms with a competitive advantage, strong value proposition and superior marketing skills, outperform their competitors. If you’re better, you survive.

The legal industry is different.

CLE requirements are proof of that. You’re required to grow, to maintain a certain standard of competence and expertise. The reason? Your performance reflects on the industry as a whole.

CLE boosts attorney performance

When it’s used appropriately, CLE does double duty, creating leverage and opportunity. When it comes to CLEs, there are two basic perspectives.

1. CLE is something you receive in the form of in-person, on-demand or live training and courses. These courses cover a variety of general and special topics including ethics, professional responsibility, substantive or procedural law, communication, accounting, and record-keeping, among others.
2. CLE is something you do/give. You speak, teach, present and write – contributing substantially to the continuing legal education of other attorneys. In select jurisdictions, you’re also able to earn CLE credit via pro bono work on behalf of indigent clients through qualified pro bono programs.

Here’s an example:

Most attorneys focus on one or the other which, at first glance, makes sense. What if there was a better way? Here’s how you can use giving and receiving to maximize the leverage and value you receive from your CLE.

• Receiving education: Attending live and in-person events where you’re able to learn from experienced attorneys and legal professionals from approved/accredited institutions. You’re able to reach out to speakers, teachers and presenters, asking questions, exploring ideas and nurturing your expertise.
• Giving education: Certain jurisdictions allow you to earn CLE credits by speaking and teaching in a variety of accredited institutions. You can speak and/or teach a CLE course via an accredited teaching center, law school, university, college or community college.

Here’s where this gets exciting.

Giving and receiving creates enormous leverage.  With the right framework and a clear plan to follow, you can create a new set of best practices. A kind of compounding value that continues to grow with time.

Here’s what I mean.

Let’s say you need to earn 30 CLE credits every two years. You use receiving and giving as a strategy to maximize leverage.

• Receiving education: You choose to attend live, in-person and on-demand courses on a variety of topics. You carefully choose an accredited provider (e.g. an approved organization, law school, university or college).
• Giving education: You reach out to your preferred, accredited provider ahead of time and you pitch original content you’ve created specifically for attorneys. It contributes substantially to the continuing legal education of other attorneys, and it provides a tremendous amount of value.
• You give and receive at the same event. You focus your attention on learning and growing. You do the same for other attorneys. You reap the benefits and rewards in the process.

See it?

The benefits and rewards I mentioned earlier?

No?

Let’s take a look.

• More CLE credits, faster. Your willingness to give and receive education means you’re able to earn more CLE credits faster and in less time.
• Instant authority. As a teacher, speaker or presenter, you’ve created a significant amount of value. Provide students, attorneys and legal professionals with value, and you build authority automatically. You’re consistent, so you’ve become a sought after thought leader and influencer.
• Profitable relationships via networking. Teaching, speaking and writing has, over time, turned you into a super connector. Your willingness to give enables you to rapidly build relationships with powerful influencers, administrators, gatekeepers and kingmakers in other firms. You continue to serve key relationships with information, connections and helpful referrals.
• Valuable information. If you’re successful in your role as a speaker, teacher or writer, your audience will want to share their stories. You learn about what other firms are doing, how clients are responding, and important trends sweeping across your industry. But the most important part? You’ll receive this information first, before your firm, your peers and your competitors. If you have access to valuable information no one else has, you’re more valuable to your firm, clients and coworkers.
• Rainmaking naturally. Attorneys, like clients, are naturally drawn to authoritative influencers and thought leaders. Attorney referrals are easier to come by when your connections are built on a foundation of education. Education attracts attention, information converts that attention to value (e.g. referrals, consults and revenue).
• More career opportunities. Whether you’re a partner or associate at your firm, this strengthens your negotiating position. You have a large Rolodex of connections, resources, and you’re able to bring in a steady supply of referral and new client business. You also have access to a steady stream of top-shelf, A player talent. Losing ‘you‘ could be a costly proposition for your firm. These strategies provide you with the tools you need to negotiate an above-average salary, benefits and/or incentives.

See what I mean?

There’s an incredible amount of value here. How do you maximize the value you receive from your CLE? With more best practices.

• Use structured procrastination. John Perry won the Nobel Prize for his theory of structured procrastination. Here’s how it works. You use procrastination to accomplish a long list of to-dos. These tasks are used to avoid the work you’re supposed to be doing. It sounds crazy, but it works. Struggling to make headway on a client matter? Use your CLE to earn credits, create value, build connections and attract referrals.
• Double your CLE requirements. Does your state require 30 hours of CLE? Do 60. Some states allow you to roll a certain number of credits over into the next compliance. That’s icing on the cake. Instead, treat your CLE as a business development strategy. Use it to build a network of information, connections and Look for ways to serve your peers. Then parlay your experience, connections and referrals into a bigger opportunity. Use it to attract a steady stream of prospective clients.
• Avoid as many courses as you can. Specialize in a specific topic or practice area. This will enable you to maximize the benefits you receive while minimizing the output required. Create presentations, make speeches and write articles on the topic or practice area of your choice. Take mandatory courses, but avoid as many unappealing courses as you can.
• Make specialty credits better. As I mentioned earlier, most states require some sort of specialty credits (e.g. ethics, mental health, diversity and inclusion or professionalism). If it’s within your area of expertise or you have an interest, make these courses better. Become the go-to professional your peers count on to provide value in these areas.

This is great and all.

Just one problem. You don’t have the time to make any of this happen.

Am I right?

It’s a common (and understandable) retort to the CLE problem.

The good news?

There are lots of ways around this problem. Here are a few ways to take advantage of the best practices I mentioned earlier and maximize the benefits you receive from your CLE.

• Use Automation: If you’re the owner of a solo or small practice you can use automation to regain as much as six to eight hours per day! Law firm partners and associates can also use automation to regain lost time.
• Create marketing systems and workflows. Partners, solo and small firm owners can use this comprehensive guide to create marketing and client intake workflows. Solo and small firm owners can also use this to create a variety of systems and procedures for their firm.
• Use practice management software to minimize the amount of time spent (wasted) non-billable work (e.g. administrative and business development work. Your practice management tools should also include timekeeping, task, document, and project management tools.

These tools and resources enable attorneys to reduce/automate the business, partner,  firm and client expectations placed on attorneys. It also minimizes the deluge of non-billable work attorneys struggle with on a daily basis.

It’s an easy ways to free up 6 to 8 hours in your workday.

It starts with CLE best practices

These CLE best practices are simple and straightforward. Use them to maximize the amount of value you’re able to extract from your CLE resources.

Don’t wait.

Many attorneys find themselves in this position. The position where they’re attempting to earn 24 hours of CLE credit but they only have 36 hours left.

It’s completely unnecessary.

Your CLE can (and should) do double duty. You can squeeze an enormous amount of additional value from your continuing education. Treat your CLE as the blessing it is.

Most attorneys view it as a tedious affair that takes them away from important work. You have an opportunity to see CLEs for what they really are.

An opportunity.

Use the strategies and tactics I’ve shared to maximize the leverage, value and revenue you receive.  If you’re focused on best practices you have a framework to follow. Follow it and you’ll find your CLE produces value inside and outside the classroom.

It’s something your clients want.

They want your firm to make the leap with digital transformation. They aren’t asking for this explicitly, of course. It’s an implicit request that’s based on the pressures and changes that have been imposed on them.

It makes sense.

Yet, 8 out of 10 firms aren’t ready for a digital transformation. As we’ve seen previously, 77 percent of these firms haven’t even begun to make the transition.

Remember the definition of digital transformation?

Here’s how Greg Verdino, a leading thinker on digital transformation defines it:

“Digital transformation closes the gap between what digital customers already expect and what analog businesses actually deliver.”

In my previous post, I outlined the steps firms would need to make in order to implement a digital transformation successfully and why these steps are important. Here’s a quick recap.

1. Identify explicit and implicit client expectations
2. Assess whether your firm is an analog, digital or hybrid firm
3. Outline what an analog firm delivers to clients
4. Outline the kind of service a digital firm provides to clients
5. Outline the kind of service your firm delivers to clients
6. Determine whether you’re aware of these required changes

A recent PwC found 80 percent of firms believe digital transformation is vital for future success.

Which is true.

Today law firms are in an innovate or die cycle. Clients, as a whole, are dissatisfied with the traditional law firm model they’ve experienced in the past. Clients of today are focused on three things: Value, communication and flexibility.

So, why aren’t firms changing to accommodate their client’s needs?

Resistance.

Law firm leadership has been, historically, resistant to change. On the surface, this seems unreasonable. Why can’t partners and firm leadership simply do what’s best for the firm? Dig a bit deeper and you’ll find a compelling motivator.

Transitional pain.

Whenever firms try something new – a new software tool, billing model, process, etc. – there’s always a transition period where firms shift from the old to the new. This transition period is painful (hence the name) because the “problem” that’s supposed to be alleviated will actually get worse.

That’s right.

If firm leadership attempts to fix any problem, that problem will most likely, get worse in the short term. Here’s the sobering part.

They’re usually right.

The worst part? In the hands of an unskilled professional, these problems often continue to get worse. If partners are paid based on the overall performance of the firm and they’ve been required to buy into that partnership, they aren’t all that eager to rock the boat.

Can you blame them?

In the wrong hands, a change could have a devastating impact on the hard-earned rewards they receive. The risks to the firm, to firm leadership, could be astronomical.

So, they resist.

This is a large part of the reason why partners at firms resist change so stridently. They hear the part about their current problems and frustrations. Sure, they also hear the portion about how digital transformation will double profits, boost client rosters and help firms survive.

But they don’t hear about transitional pain.

So what?

Why is that a big deal to partners in a law firm? It’s a big deal because attorneys are experts at assessing risk! These partners see the transitional pain, even if (especially when) it’s omitted.

Making digital transformation a priority

If you’re pushing for a digital transformation you’ll need to see the transition for what it is.

Selling.

Honestly selling the idea to firm leadership. It’s the only way digital transformation will become a strategic priority for firm leadership. This isn’t complicated, it’s just frightening and hard.

Here’s how you do it.

1. Study firm leadership. You take the time to look at the specific desires, goals, fears and frustrations of the partners in your firm. You chat with their associates and support teams, you analyze the bottlenecks in their day-to-day work.
2. Discussions with leadership. You ping leadership with touch and go conversations where you ask them about their desires, goals, fears and You listen closely as they describe their circumstances and share their feedback. If you have a basic level of trust and you’re listening closely, they’ll share their biggest reasons for supporting your ideas.
3. Amplify their fears. This isn’t arbitrary. You aren’t amplifying their fears to provoke a reaction. You’re communicating honestly with full transparency. You’re laying your cards in the table, outlining the exact amount of transitional pain they’ll experience as they move from the old to the new. This converts an unknown fear with unlimited power to a known fear with limited (and decreasing) power.
4. Elaborate on other fears. Outline the other transitional pains they’ll experience as your firm makes the switch from analog to digital (e.g. Initially, it may be more difficult to track associate performance). When you expand on their fears, you reduce the odds that an unexpected fear will derail negotiations later. Again, you convert an unknown fear with unlimited power to a known fear with limited and decreasing power.
5. Provide compelling evidence. You’ll want to show partners in your firm: (a.) Transitional pain is a temporary and manageable ordeal with a clear end (b.) That you provide a solution for the desires, goals, fears and frustrations of each partner and the firm overall and (c.) That things will improve moderately to dramatically in the long-term for each partner and the firm. This evidence needs to be quantitative. Do the math, create conservative projections and outline (in hard numbers) the value this change will provide. Provide data at the associate, partner and firm levels.

Wait a minute?

Am I suggesting that you share all of the terrifying details with the partners/leaders in your firm?

Absolutely.

Attorneys are generally risk-averse. Ignoring these issues means they retain their power in a partner’s mind. Research shows exposing yourself to the things you fear makes you stronger. It decreases the hold a particular fear or belief has over your mind.

This is crucial.

It’s also the key to implementing a digital transformation successfully. Digital transformation is a top-down affair. If leaders are willing to adjust to unfamiliar technology their subordinates will follow suit.

What does this mean exactly?

• Improve communication. From a client’s perspective, communication is still the most important part of the relationship. Use digital transformation to provide clients with an always-on, 24/7 connection to your firm. Find personalized, automated and persistent ways to give clients the communication they need, when they want it.
• Firm-wide training. Partners, associates, paralegals and support teams should have the consistent training they need to embrace this digital transformation. This includes: software, security, document, timekeeping and productivity training
• Embracing mobility. Your employees should be able to produce the results you need whether in or out of the office. Employees should be able to perform all of the key functions of their role whether they’re at their desk or on the road.
• Embrace AI/machine learning. If your firm is focused on transformation you need to focus your employees’ time and attention on the high-value tasks that matter. Use AI/machine learning to handle data-heavy, repetitive and tedious tasks (e.g. document management, indexing data and routine research). Use AI/machine learning to complement and amplify firm productivity.
• Immediate collaboration. Use practice management software and client portals to increase client collaboration in a fashion that’s convenient and immediately accessible to clients. Give clients multiple touch points, so they’re able to collaborate with their attorney and support teams at a moment’s notice.

These are the broad strokes.

If you’re looking to make digital transformation a strategic priority for your firm, you’ll need to spend some time with your clients. Interviewing and studying your clients gives you the data points you need to identify the key tasks you’ll need for your digital transformation. It starts with an answer to this broad question.

What do your clients want?

This is an important question because it requires firms to look at three distinct areas:

1. The types of clients the firm has vs. the type it wants (ideal clients)
2. The value (qualitative + quantitative) these clients provide to the firm
3. Firm longevity if the current types of clients are retained vs. ideal clients.

If you’re dealing with sophisticated clients who have been forced to adapt themselves, your window for change is smaller. If you’re dealing with older legacy clients (e.g. boomers) your window is larger, however your firm may need to make some drastic changes to flourish in the long-term.

Digital transformation isn’t coming

It’s here.

The legal landscape is shifting. Firms are in a sink or swim, innovate or die cycle. If you’re like most firms, you understand the importance of digital transformation.

Most firms are stuck.

They’re not focused on the change, they’re focused on tradition. When you observe things from their perspective this actually makes sense. If you’ve made it this far, you know what to do. Amplify your partner’s transitional pain to relieve it. Find their unknown fears, then make them known.

Make digital transformation their priority. Use Greg Verdino’s definition as a guide:

“Digital transformation closes the gap between what digital customers already expect and what analog businesses actually deliver.”

Most firms haven’t even started the transition process.

This means they’re failing to meet client expectations. It’s your opportunity, a chance to overtake the competition. With the right approach and a clear goal, you’ll have the strategies and tactics you need to make your digital transformation permanent, productive and profitable.

 

Digital transformation isn’t coming.

It’s here.

The vast majority of law firms, 8 out of 10, aren’t ready for the transition. In fact, these firms haven’t even begun to make the transition.

In my last post, we identified the problems surrounding digital transformation.

Most definitions are broad, vague and unhelpful

Here’s the good news. We used Greg Verdino’s definition of digital transformation because it’s specific, measurable and actionable.

Here it is again:

“Digital transformation closes the gap between what digital customers already expect and what analog businesses actually deliver.“

This definition creates questions, sets boundaries and requires change. It’s relatively easy for law firms to look at this definition then figure out what needs to be done.

The first step?

Taking the time to ask some important and uncomfortable questions.

1. What do our clients already expect? This is an important question because it requires firms to look at two distinct areas (1.) The types of clients the firm has (2.) The value these clients provide (3.) Firm longevity if the current types of clients are retained. If you’re dealing with sophisticated clients who have been forced to adapt themselves, your window for change is smaller. If you’re dealing with older legacy clients (e.g. boomers) your firm may need to make some radical changes to survive.
2. Are we in an analog, digital or hybrid firm? This question shows you whether your firm is focused on tradition, change or insecurity. Firms focused on tradition are far more likely to resist the changes dictated by digital transformation. These firms are also far more likely to be laggards. Change-oriented firms tend to align with early adopters. These firms are willing to adjust and adapt to change. Hybrids are firms who have either: (a.) resisted, then initiated change, or (b.) initiated, then suspended change. Hybrids are sensitive to triggers which motivate these firms to action or inaction.
3. What kind of service do we deliver to our clients? It’s important to contrast your self-assessment with your client’s survey/assessment. You can acquire this data in a variety of ways (e.g. group surveys, client interviews, anonymous feedback, etc.). This metric provides you with a clear indication of your firm’s performance/standing. Taking an honest look at these details gives you the clarity you need to create real change. This question provides you with the following answers: (a.) are your (firm) clients satisfied with their service/experience? (b.) what do you need to change? (c.) how do you need to change?
4. What does an analog business provide to clients? This seems like a simple and unhelpful question but it’s actually the opposite. This question helps to prevent a relapse. Firms (e.g. laggards and hybrids) are far more likely to slip back into comfortable roles. When change is difficult or hard, firms may be tempted to take the easy way out. This question shows you which habits and behaviors need to be avoided. It makes the transition a successful and easily identifiable goal.
5. What does a digital business provide clients? Using data from your ideal clients, you’re able to establish clear goals and important success metrics to follow. You’re able to identify important habits, behaviors and roles you’ll need to establish.
6. Did we already know about these changes? If the collective answer is yes, the next obvious question becomes, “Why didn’t we take action sooner?” This helps partners identify potential objections, barriers and If the answer is no, the obvious question becomes, “How did we miss this?” This helps you to identify important causes and blind spots. It also provides you with the clarity you need to identify solutions to future trends and changes.

Most conscientious firms will throw themselves into tactics and buzzwords. The change they achieve is far more likely to be temporary.

Questions create permanence.

The change you achieve is likely to stick because it’s centered around your clients, your experience and your firm. The firms that embrace these changes are far more likely to succeed. The firms that lead with questions are far more likely to win.

Clients will gravitate to these firms.

The majority of law firms aren’t ready for the transition

It’s an incredible opportunity.

Digital transformation closes the gap between what digital customers already expect and what analog businesses actually deliver. This definition creates questions, sets boundaries and requires change.

Change that produces success.

The digital transformation is here. The good news? Most of your competitors are laggards, traditionalists who are resistant to change. Ask the right questions, act on the answers you find and your firm will survive the inevitable aftershocks.

Everything your firm needs to win.

It sounds like an unhelpful and useless cliché.

The term “digital transformation” has become a broad, widespread and seemingly useless term. It’s a mandate law firms are told they need to follow. A rallying cry pundits used to warn law firms that they’re behind the times.

What is it really?

It seems most pundits and firms aren’t clear on the meaning of the term.

What is law firm digital transformation?

There are so many different and conflicting definitions.

• It’s all about going paperless? No
• The changes associated with the application of technology? No, whatever that means
• The third stage of embracing digital technologies? Still no

Okay then, what is it?

Here’s a helpful way to define law firm digital transformation:

“Digital transformation closes the gap between what digital customers already expect and what analog businesses actually deliver.“

This is certainly more helpful than the other definitions I shared earlier. Why should we place our trust and confidence in this definition overall the other unhelpful definitions we saw just now?

It comes from Greg Verdino.

Greg Verdino is viewed as a leading thinker on digital transformation. He’s the author of microMARKETING: Get Big Results by Thinking and Acting Small. Here’s why his definition is so helpful.

It’s actionable.

It creates questions, sets boundaries and requires change. It’s relatively easy for law firms to look at this definition then figure out what needs to be done.

Here’s why digital transformation matters

Most law firms are fighting change.

According to a recent survey by PwC, found 80 percent of law firms believe digital transformation is vital for future success. This certainly seems reasonable, doesn’t it?

Here’s the problem.

A startling 77 percent of firms haven’t bothered to begin making the transition.

The change has already started.

We’re in an “Innovate or Die” cycle. There is a media emphasis that’s placed on big businesses. The problem here is that businesses large and small are being left behind. Law firm clients place a special emphasis on speed, flexibility, responsiveness and above all value.

It’s happened before.

Alta Vista, Blockbuster, Borders, Kodak, Polaroid, Toys “R” Us and Woolworths. These are recent, well-known and noteworthy examples. Each of these companies saw the writing on the wall. Kodak invented the digital camera in 1975 but their groundbreaking invention never saw the light of day. They filed for bankruptcy in 2012.

Firms today are facing the same problem.

Client expectations have shifted dramatically changing the way clients and firms do business. A growing number of clients expect an “always-on” availability from their firm and the attorneys handling their matters. Today clients expect attorneys to be available via phone, text, email, video conferencing, live chat and even Whatsapp.

Are firms prepared?

Several large firms are. CMS, an international law firm with 73 offices in 4,500 employees, have gone all in on digital transformation. They’ve restructured their firm in a dramatic way to adapt to the current climate.

See for yourself.

Can you see the implications?

Thanks to digital transformation, they’re growing at 10 percent year-over-year. Their profits have skyrocketed and they’ve saved $100 million. As a result, they’ve grown their business, in their core practice areas, at a dramatic rate.

This is what law firm digital transformation is all about

Adaptation.

The speed of business continues to accelerate. Client demands continue to grow, change and adapt to the demands placed on them. It isn’t just the traditional model that’s changing, it’s the rate of change. Change cycles are happening faster, with disruption coming in three to five year waves.

Are you ready?

Most firms aren’t. While “digital transformation” seems like a broad, unhelpful and useless cliché, it’s actually an indispensable term. In my next post, I’ll provide you with actionable tips you can use to get ahead of the curve.

They don’t want you to make partner.

That’s the typical attitude many partners have at a variety of firms large and small. Think about this for a second. Why do most attorneys want to make partner?

For the benefits!

Once you’ve made partner you’re able to reap the financial and reputation rewards of a partnership. You’re no longer an employee, you’re an owner and you’re entitled to the rewards of firm ownership.

Partners will have to share the profits with you

They won’t be happy.

If it’s a sizable amount they’ll dilute their ownership stake, receiving fewer profits as a result. Would you jump at the chance to take that deal?

Probably not.

It makes sense then that partners would prefer to ignore their associates. Yet, there are some partnerships where partners are throwing partnership to a few select associates.

What’s the difference?

It’s all about their tactics. Savvy associates understand their partners. Giving them what they want improves their chances.

It’s about creating the right kind of results

When it comes to results there are two kinds. You’ll need both to become an all-star and both to demonstrate that you’re partnership material.

• Conventional results.Being great at your job, going above and beyond and performing well in general. If you’re a real estate attorney, for example, your work is pristine, thorough and of the highest quality. You know, what your firm pays you to do.
• Transformative results.These are results that make things better for your company, the industry or clients as a whole. It can be as simple as shared knowledge or as comprehensive as advanced rainmaking skills. You produce what Cal Newport calls “Deep work.”

This is the problem.

The vast majority of attorneys (and most employees) focus their attention on “conventional results.” They work very hard.

Here’s why this matters.

Conventional results build trust. It’s easy for partners, managers or shareholders to take a risk on you if you’re trustworthy and your work is above reproach. This trust is currency.

Transformative results create leverage. It gives individual attorneys a strong negotiating position, power, credibility and immense authority – inside and outside their firm. Here are five transformative tactics you can use to (eventually) make partner at your firm.

Tactic #1: Rainmaking on-demand

You have a proven track record landing large or immensely profitable clients. This typically refers to a collection of skills and abilities. If you’re a powerful rainmaker, you’re able to:

• Generate client interest, desire and action
• Identify, build and nurture relationships with decision makers
• Create a compelling value proposition + irresistible offer to draw clients in
• Under-promise and over-deliver to maximize client lifetime value

This is work that’s done on top of the day-to-day work you do as an attorney in your firm. Successful rainmakers have a keen understanding of human psychology, marketing and negotiation.

Tactic #2: Connections everywhere

You’re able to build, cultivate and produce relationships with almost anyone. There’s a science to personal connection. With the right approach, it’s easy for skilled attorneys to develop a relationship with anyone.

Think about it.

Imagine that you’re able to build relationships with important celebrities, entrepreneurs, thought leaders and influencers in the world? How valuable would that kind of clout be to your firm? Successful connectors are able to:

• Identify key relationships that serve their/the firm’s best interests
• Build legitimate win/win relationships with celebrities, key influencers, entrepreneurs and thought leaders
• Maintain that relationship, in the face of setbacks, failures, ups and downs
• Convert relationship capital into financial capital, when needed

Attorneys who are high in extraversion tend to do well as connectors. They’re the social butterflies who just “happen” to know everyone. Better yet, they’re able to provide important introductions and facilitate mutually beneficial connections.

Tactic #3: Information networks

You’ve developed your own information network. You have access to insider information.

Somehow you know.

You’re aware of the comings and goings of your client’s industry and your own. You know the who, what, where, when and why of any social or political situation.

You’re plugged in.

You receive a steady supply of information somehow. It’s an ability partners in your firm are unable to reproduce and the information you provide is unmatched in quality and reliability. As an information broker you should be able to:

• Create, maintain and expand your own information network
• Find answers to difficult-to-answer questions others simply can’t answer
• Provide your firm with a steady supply of information that is not publicly available
• Receive sensitive and private information in a way that’s legal and above board
• Minimize your firm’s exposure to legal action

If you’re able to build/develop your own information network, you become irreplaceable. Your firm will do whatever it takes to keep you with them. They’ll also push you to reveal your secrets and give them your information network. 

Tactic #4: Persuasive influence

You’re able to sell, persuade, sway, convince or entice others to do what you want.

You’re a salesman.

That’s the long and short of it. You’re able to get people to do what you’d like them to do because you understand decision making at a psychological level. As a master persuader you’re able to:

• Act as matchmaker, providing all sides with the favorable conditions they need to support you
• Make a compelling case for clients, partners and your firm to work together
• Approach things free from manipulation, coercion or dishonestly
• Speak with a silver tongue, a charming personality and a listening ear

Persuaders play the role of matchmaker, working to arrange favorable outcomes for all parties involved. They’re convincing, sincere and well-spoken, doing what it takes to maintain good relationships.

Tactic #5: Process mastery

You can create processes that enable you to create bigger, better, faster results using less time, money, resources, people.

You’re a playmaker.

You have an engineering mind. You’re able to make your existing circumstances better. You’re able to use your existing materials to systematically improve your firm’s performance. If you’re a process maker you’ll be able to:

• Find and identify new ways to achieve bigger, better, faster results using less time, money, resources and people
• Provide evidence that your newfound process or methodology works and is superior to the existing system
• Be able to teach, share and develop the skills of others
• Be able to improve, iterate on and scale your process throughout the firm
• Create a process to teach others

Processors are able to create helpful tools, resources, systems, procedures and policies to achieve scale. They’re able to do more with less, accomplish more in less time. They’re able to dramatically outperform their peers simply because they have better systems and procedures.

Seeing a pattern?

None of these have anything to do with the day-to-day work you do as an attorney. Transformative change is just that. Transformative. If you master any of these skills you become immensely valuable to your firm.

Want partners to fight for you?

Do you want them to fight for you to become an equity partner? Focus your attention on developing just one of these skills. Master two or more and you’re permanently irreplaceable.

Why would they fight for you?

Because a rising tide raises all ships. Your skills produce the kind of profits firms need to grow. Firm growth means more revenue. If you’re an associate looking to make partner, invest in yourself. Work to produce the results needed to add value.

Produce that value for the partners in your firm.

Make it clear that you’d like to make partner in exchange for the stellar results you can provide. With the right approach and solid negotiation strategies, you’ll have what you need to motivate partners to act.

And why would they act?

They’ll act because they don’t want to lose you. Give them what they need and you’ll find the partners and shareholders in your firm are eager for you to take your place beside them.

Want your solo firm to grow?

First, you’ll need to figure out what that means. “Growth” means different things to different people, doesn’t it? Some solo attorneys would like to build a firm. Others prefer to build a business that provides them with the opportunity to provide value and a comfortable lifestyle.

Goals aren’t created equal.

If you’d like to create growth, whatever that means, you’ll need to identify the law firm metrics that matter most for your business.

The law firm metrics that matter most

Here’s the problem.

If you’re like most solo attorneys, you don’t know which law firm metrics matter most. You’re not clear on a few variables, such as: (a.) which metrics do you track? (b.) when/how do you track them and (c.) why do these metrics matter?

Google isn’t much help either.

Search through Google and you’ll find there’s a significant amount of variance on the issue.

Should you track…

• Profitability per partner (just you)?
• Your overall utilization rate?
• Billing and collection realization rates?
• Timekeeping performance data?

Attorneys aren’t sure what they should be tracking. Even if they did know, they’re not sure on when to collect the data or why. What’s worse, there’s a significant amount of disagreement from the experts.

What are you supposed to do?

First things first, you’ll need to deal with the hidden assumptions that plague the process of performance improvement.

What am I talking about?

The vast majority of educational pieces that focus on a particular set of metrics begins with a specific set of (hidden) assumptions.

Here’s a quick example.

If firm profitability is your goal, you’ll want to focus your attention on financial metrics:

• Profitability by client
• Profitability by practice area
• Profitability by timekeeper (you)

If you’re interested in tracking profitability, it’s absolutely perfect! You simply dive into the list of metrics you need, iterate on your performance, keep/fire a few unprofitable clients and you’re all set.

What if profitability isn’t your focus?

See what I mean?

Which metrics are best for your law firm?

They all have value.

The vast majority of law firm metrics provide solo attorneys with an incredible amount of value. I’m willing to bet you’re looking for a specific set of metrics, am I right?

Most attorneys are.

Here’s what that means for you. You’ll need to identify the metrics that are most important to you. To do that, you’ll need to focus your attention on a few specific details.

1. Goals
2. Temperament

1. Goals: Clarify what you want

Your goals determine what you want. Your metrics show you whether you’re on track and making progress towards your goal.

• Increasing your profit per client is a goal
• Increasing your profit per client by a minimum of 30 percent is a good goal
• Increasing your profit per client by a minimum of 30 percent in 120 days is an excellent goal

If you don’t have a goal, or you’re focused on the wrong goal, your metrics can’t provide you with the value you need to produce the progress you want.

Goal setting is important because it shows you:

• Where your focus really lies (e.g. financial, productivity, time management, freedom, etc.)
• Whether your current focus is in line with what you want
• What you’ll need to change to get what you really want

It sounds like an unproductive exercise to many, but it isn’t. It’s the foundation you need to produce the results you want in your solo practice.

2. Temperament: A filter for your day-to-day experience

Beverly Flaxington, author of Understanding Other People: The Five Secrets of Human Behaviors, outlines the six major schemas people use to function in the world.

1. Utilitarians: These attorneys are driven by value and ROI. The utilitarian wants to find the most efficient and direct path to their desired goal. They’re driven by one thing and one thing only. Results.
2. Individualists: These attorneys are driven by ego. This sounds bad but it doesn’t have to be. These people are driven by prestige. They want to be recognized. To win awards, to see their names on walls. These attorneys may come across as arrogant but they’re incredibly hard workers who are driven to produce amazing things.
3. Theoreticals: These attorneys love to learn. Their job is one big classroom, an opportunity to learn a significant amount about the legal world around them. They’re curious, fascinated by their work and often scholarly in their approach.
4. Socials: These attorneys want to do good for others. These are the public defenders, the legal aid attorneys and those whose work takes a humanitarian approach. How will this impact/affect my clients? How will this impact those around me? My support staff?
5. Traditionalists: There’s a right way and a wrong way of doing things. These attorneys believe that a specific set of rules exist in their industry for a reason. These rules should be followed to the letter. Everyone (including them) must abide by these rules without question.
6. Aesthetics: These attorneys are searching for beauty. Beauty, aesthetics and perception are important drivers of behavior. These are the attorneys who are focused on image, appearance and They know perception matters, so the optics of a particular situation are incredibly important to them.

Schemas are thought patterns.

A mental framework people use to interpret and organize the information they receive in the world. Think of them as perceptual sunglasses. You put on blue-tinted sunglasses and the world looks blue, etc.

These schemas are easy to dismiss.

But, they control the way you, as an attorney, view and interpret the world.

• Utilitarian attorneys are far more likely to focus on specific metrics like profitability, realization and
• Social attorneys would focus their attention on finding good people to work with, on turnover rates for their support team (e.g. receptionist, paralegal).
• Theoretical attorneys would focus on all of it, taking in a massive amount of information that would overwhelm every other attorney.
• Individualist attorneys would gravitate towards (and obsess over) the metrics that make them look good (e.g. awards won, media mentions and their overall win rate).
• Traditionalist attorneys would carefully identify and choose a set of metrics they feel are important to them, then hang on for dear life. Change would be more difficult for them as any change is a violation of their traditional (unchanging values).
• Aesthetic attorneys would prefer to focus on metrics that improve public/client perception (e.g. appeal, win rates, prestige, attractive office, connections, etc.), but would begrudgingly focus on core metrics (like profit).

See what I mean?

These schemas control your focus. There is, however, a significant upside. Your awareness of these schemas gives you a choice. You’re able to objectively look at your preferences and make a choice about the metrics that objectively matter most to you.

You’ll want to identify your primary, secondary and tertiary metrics.

• Primary metrics are about survival, these are the metrics you check regularly
• Secondary metrics are about growth, the ones you monitor on a semi-regular basis
• Tertiary metrics are concerned with expansion, those you monitor less often

This needs to be defined by you.

Your goals and temperament will dictate whether you monitor these metrics or not. You’ll want to monitor the important metrics daily without fail.

Why did I take so long to get to these metrics?

Because you’re going to need a system to divide up the list of metrics below. Most people who look at the list below are overwhelmed. They don’t know they can pick and choose or how to start.

The framework above tells you.

Go through these metrics, using your goals and temperament as a guide. Identify the metrics that are survival, growth and expansion-oriented.

The list of metrics solo attorneys need to monitor

Survival metrics
Client satisfaction rating (	Current run rate
Breakeven cost (min. needed to cover all expenses)	Current expenses (monthly)
Balance in your operating account(s)	Current anticipated expenses (expenses from run rate)
Balance in your trust accounts (unbilled only)	Number of new clients per mo.
Amount of accounts receivables	Number of new cases/matters opened in last full month
Amount of outstanding accounts receivables	The value of these new cases/matters
Age of accounts receivables	Number of closed cases/matters
Firm debt (credit cards, line of credit, loans, etc.)	The value of these closed cases/matters
Number of marketing actions taken in last 30 days	Number of new appointments/consults set
List of marketing actions taken	Number of prospects (consults who showed up)
Number of consults generated from each	Number of prospects who became clients
Recommendation index (a 1 – 5 “likely to refer” scale)	Marketing expense as a % of revenue
Productivity metrics
Cycle time (number of days a matter is open)	Performance to budget (how close fee is to budget +/-)
Results to predicted outcome (accurate prediction of outcomes)	Work completion deadlines met
Re-engagement percentage (# of clients who retain firm for new matters)	Re-use index (a 1 -5 scale measuring a client’s willingness to reuse the attorney/firm)
Creativity index (clients rate attorney’s ability to solve legal challenges)	Quality of outcomes
Quality of advice	Quality of written product
Wins vs. losses	Transparency index (how transparent is work to client)
Firm utilization	Utilization per timekeeper (Includes support teams)
Profitability metrics
Firm profitability overall	Profitability by practice area
Profitability by client	Profitability by case/matter
Profitability by timekeeper (including support staff)	Profit per employee
Income per employee	Effective billable rate (firm + employees)
Realization rates overall	Billing realization rates
Collection realization rates	Lifecycle of realization (time between service performed and payment received)
Discounts and write-downs before billing	Discounts and write-downs after billing
Revenue collected per client/matter	# Clients sent to collections
Revenue collected per mo.	Amount billed per mo.
Customer lifetime value

At first glance, this is overwhelming.

I’ve just listed 58 metrics you’re supposed to track to ensure your firm is on the right track.

That’s right.

And this isn’t even everything. There’s a massive list of metrics you can use to track performance as your firm grows. You don’t have to track everything.

Survival matters most.

The metrics in that category matter most for obvious reasons. But there’s a significant upside to all of this. The vast majority of these metrics can be automated. You can and should use practice management tools to monitor this information for you.

Still overwhelmed?

You can outsource a majority of this work to reliable and trustworthy parties. Here’s a step-by-step process you can use to make that happen. Use software + people to manage this effortlessly.

You’ll want to make sure you:

1. Set up alerts: These alerts are automatic, alerting you to any potentially dangerous or problematic issues before they hit the point of no return.
2. Schedule software: If you’re relying on practice management software, you’ll want to schedule reports so they’re run automatically, on a schedule, all the time. Get everything out of your head and into a trusted software system.
3. Schedule people: Build a team of trusted, freelance/outsourced providers who can help you with the above list of metrics. If you’re doing amazing work (and I assume that you are), you won’t have the time you need to track all of this consistently. Surround yourself with software and people who can.
4. Focus on accuracy: You’ll want to provide your people and software with the information and resources they need to perform. This means you’ll need to track your time accurately, record data in your software tools judiciously and focus on doing this consistently. Skip this step and your metrics won’t be accurate.

Here’s why you need this.

Many of these metrics have important sub-metrics you’ll want to drill down into. These sub-metrics give you context about the metric itself.

Here’s an easy example.

Take a look at these three metrics.

1. Number of new appointments/consults set
2. Number of prospects (consults who showed up)
3. Number of prospects who became clients

If you’re generating a very high number of #2 but a very low number of #3, you’ll need to look at sub-metrics for clarity. You’ll want to look at (a.) the sources sending these prospects to you (b.) the messages that drew these prospects in and (c.) the problems and expectations they came to you with.

This requires thinking.

It’s hard work and it takes a sophisticated and experienced marketer’s help to uncover the details. A top tier marketer from a site like Toptal would be able to help you identify the story underneath these metrics.

They’d discover that:

• Your ad source (Facebook Ads) drives highly qualified traffic to your site
• Your marketing messages are resonating with your audience but…
• Prospects are leaving because they’ve found a different firm/attorney with a tremendous amount of positive reviews

Even if it’s bad news, it’s good news to know.

These metrics have just given you the actionable data you need to make some significant changes.

See what I mean?

Which law firm metrics matter most?

You now know the answer.

The right mix of metrics depends on your goals, temperament and priorities. If you’re focused on value and a significant return on investment, you’ll focus on a specific set of goals. If your temperament is different, so are your priorities.

Choose the priorities that matter most for your firm.

“Growth” means different things to different attorneys. Some solo attorneys want to build a large firm. Others prefer to build a lifestyle business, one that provides them with the freedom, opportunities and comfortable lifestyle they want.

It’s up to you.

Prioritize your metrics. Choose your primary, secondary and tertiary metrics.

Choose carefully.

With the right metrics, you’ll have the roadmap you need to produce the positive “growth” you’re looking for, no confusion or doubts necessary.