Learning how and when to use creative fee arrangements is only half the battle. Capitalizing on your success is the other half. Here are 10 ways to make the most of a good situation:
- Create success stories
Make it standard practice to document alternative fee successes by creating
compelling stories that anyone in the firm can tell. Each of these stories
should answer the following questions:
--Who was the client?
--What SPECIFICALLY were they trying to achieve?
--How did you/your firm help them achieve that using creative billing
strategies?
--What was the result?
--How does this result TRANSLATE VALUE to the client’s situation?
Share success stories
Once created, your firm can use these stories in a variety of marketing
situations including meetings with prospective clients, responses to RFPs, firm
brochures, Web sites, and new associate and lateral training.
Educate your firm
The success stories are important but they’re only byproducts. Think about
what it really took to craft each win-win billing agreement (a trust-based
relationship, efficient service delivery, financial and technological
sophistication, organized approach to matter management, focus on client
service, etc.), and make sure these elements are part of the education process
as well.
Make your clients look good
By definition, if you’ve had success with win-win billing, so has your
client. Share the credit by offering to co-write an article or speak with your
client at an industry or association event. These activities make your client
look good, they further enhance your relationship, and they encourage other
members of the client team to get on the alternative billing bandwagon.
Reward success
The more experience and success your firm has with alternative fee
arrangements, the easier it will be to offer incentives that go beyond billable
hour quotas and reward lawyers for effective client management and
profitability.
Be a creative purchaser
Now that you know what it’s like to be a seller in an alternative fee
scenario, discover ways to create value as a buyer. For example, pay close
attention to your supplier relationships. Does the current billing method
maximize value for both you and the supplier? If not, which billing methods do?
Is your relationship strong enough to try them? You’ll be surprised at how
much you can accomplish by putting incentives in the right place. You’ll also
learn a great deal about how your client feels when purchasing from you.
Target the right clients
Your experience-won knowledge should improve your ability to identify and
approach clients that would be best served by alternative fee arrangements.
Think about past engagements where you had success using alternative fees. What
were the circumstances (level of trust in client relationship, client industry,
matter type, amount at stake, etc.)? What clients or prospective clients match
this profile?
Spot new opportunities with clients
During conversations with clients, your experience and success will help you
to recognize when a dialogue about alternative billing might be appropriate and
what questions to ask to confirm whether there really is a need.
Educate clients
Through bad experiences or fear of the unknown, many clients are reluctant to
consider alternatives to the billable hour. You can change this by having frank
discussions with your clients and by educating them about the various
alternatives and the best times to use them. Focus on clients you know well and
on relationships that are built on a solid foundation of trust and mutual
respect.
If no one cares, promote the underpinnings
The billable hour won’t go away anytime soon. Many clients are perfectly
happy with this and have no interest in hearing about alternative fees. But
they might be interested in the underpinnings of your creative billing
success: efficiency, financial and technological sophistication, organized
approach to matter management, focus on client service, etc. For most
clients, these are important points of distinction. For you, they are
reminders of why mastering the alternative fee maze is worth it.
Felice Wagner, a former practicing attorney, is CEO of Sugarcrest Development Group, Inc., a D.C. firm that gives seminars and training programs throughout the country on business development and client loyalty. She can be reached at (202) 462-7046 or felice@sugarcrest.com. Want to see how you measure up as a rainmaker? Take the Rainmaker Reality Check today!