The Attorney's Office Tools
Going Toe-to-Toe with Large Defense Firms
David A. Harak
the world. A person with good people skills can be trained in the particulars of how to do their job. Good people skills are far more difficult if not impossible to learn. Whenever you are tied up with a complex or lengthy trial,
it is your staff who will handle your client's concerns. If your staff does not care about your clients and are simply there for a paycheck, you are in serious trouble. It almost goes without saying that you should treat your staff the way that you expect them to treat you clients. Don't act like you are better or more important than they are. You are running a team. Pay them as much as you possibly can afford. If possible, pay them higher than their big firm counterparts. As a small firm or solo practitioner, your staff is far more important to you than any staff member at a big firm. Big firms have numerous associates to handle client concerns and do not have to rely on direct client contact with their non-lawyer staff people. You do. When you have a big hit, don't wait until the holidays to
T
aking on the big firms is tough but it can be done successfully. In order to handle large and complex cases on your own you need three key things:
good client relations, adequate financing, and good use of technology to level the playing field. If you are going to take on complex cases against big firms it is essential that your office is set up to do so.
Good Client Relations Good client relations start with having the best staff
that you can afford. I have actually overheard conversations between attorneys discussing hiring someone new for their office wherein one lawyer says to the other, "What do you think I can get away with paying a new paralegal?" Tat kind of approach to the hiring process is doomed to failure. A lawyer should treat his or her staff like extended family. In my view, when selecting a staff member for the small firm or solo practitioner the most important consideration is personality. You want to seek a person with good people skills. Tis is far more important than all of the experience in
share the wealth, give your staff a bonus. Whatever bonus you give them will mean a lot more to them in after tax dollars than it does to you. Don't be greedy. Your financial generosity to your staff will pay you back tenfold in loyalty and hard work. Your staff will come to realize that your clients are your life line and when your clients are treated well they will refer other clients to you. More clients mean more resources and in turn more bonuses for your staff. Trough good client relations I have been fortunate enough to not spend a dime on advertising. I shudder to hear how much money other lawyers expend just to get clients in the door. I honestly don't know how they do it knowing that they have to make so much money each month just to have their advertising budget break even. In my view, spending time cultivating relationships with clients is a far better way of getting new clients than any advertising campaign. I am fortunate enough to have the best staff in the world.
I know that when I am tied up they are more than capable of handling any client concern imaginable. Nevertheless, regardless of how good your staff is, you should personally conduct every initial interview with a prospective client. Te initial interview is far too important to delegate to an associate or paralegal. For my initial interviews with prospective clients, I
try to dress down. Tis will not come as a shock to anyone who knows me. If, however, I am meeting a CEO, a fellow professional, or someone who I believe will expect me to wear a suit, then I will wear one. I find that by dressing down, the client is far more comfortable with both me and the process. Whenever possible, I try to meet clients in their homes. Continued on page 38
Trial Reporter / Spring 2010 35
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