Best Practice: Getting partners and associates to develop business

Asked and Answered

By John W. Olmstead, MBA, Ph.D, CMC

Q. We are a 16-attorney insurance defense firm in Nashville, Tenn. We have 3 equity partners, 4 non-equity partners and nine associates. The three equity partners (who bring in all the business) are nearing retirement and the remainder of the attorneys have completely failed to develop rainmaking skills and develop business. We hired lawyers to "bill hours" and failed to consider the long-range implications of hiring lawyers without business-getting skills. Do you have any suggestions?

A. Start by creating the culture and environment. Marketing and client service needs to be incorporated into the culture of the firm. All attorneys should have a role in marketing. All partners must walk the talk and consistently build and reinforce the marketing goals of the firm. Marketing goals and action plans should be formulated for all attorneys and they should be held accountable.

A few ideas:

1. Begin setting marketing goals for each individual attorney in the firm and incorporate a review of goal accomplishment in performance reviews.

2. Incorporate business development into the compensation system - measure more than billable hours.

3. Provide marketing training.

4. Provide adequate tools to support marketing efforts - budget, database, goal attainment dashboard reports, etc.

5. Tie equity partnership to the ability to develop a substantial book of business.

Changing the culture of the firm will take time - however over time a marketing mindset will emerge.

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John W. Olmstead, MBA, Ph.D, CMC,(www.olmsteadassoc.com) is a past chair and member of the ISBA Standing Committee on Law Office Management and Economics. For more information on law office management please direct questions to the ISBA listserver, which John and other committee members review, or view archived copies of The Bottom Line Newsletters. Contact John at jolmstead@olmsteadassoc.com.

Posted on December 12, 2013 by Chris Bonjean
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Member Comments (1)

I could not disagree more. These "recommendations" are what has been the bane of our profession for at least two decades - the placing of business development and "rainmaking" ahead of all other qualities of a law firm attorney. Haven't the "rainmakers" and the slavish obeisance to them ruined the practice of law enough? When I entered this profession in the late 70's, law firms had two types of partners: those who brought in the business and those who serviced the business. The former loved gladhanding and entertaining - but didn't really enjoy practicing law. The latter hated gladhanding and all the superficial lunches and golf outings - but were highly competent practitioners who got results. Each type brought something to the table - and everyone made a VERY comfortable living.

Let's be blunt. Every attorney is NOT cut out to be a schmoozing snake oil salesman - and that is quite acceptable. The "rainmaker"/"business development" mantra has gotten out of hand, especially when law firm attorneys are actively discouraged by many firms from any outside community or not-for-profit involvement. Sitting on school boards, village boards and park boards is actively discouraged unless it results in immediate substantial billable business. And we call ourselves a profession? The Italian Condottiere of the Renaissance were positively public-minded compared to this line of thinking and practice.

Rather than linking partnership and merit reviews to how much business is brought in how about going back to that older model where everyone came out ahead, not just a few - and the public in general was far better served.

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