Utilizing Expert Consultation to Help You in Your Practice
We are continuing to talk about the third area of the five areas that makes up every business in the world. Those five areas, as you know, are: 1. "Clients" or "customers"; 2. "Administration"; 3. "Getting the work done"; 4. "Billing"; and 5. "Collecting."
As I have stated many times, you probably will be somewhat successful if you only figure out how to "get the work done," in a timely and efficient way, even if you are not perfect in the other four areas that it takes to run your legal business. Suffice it to say, the better you become in each area, the more successful you will be. The more successful you are, the more money you will make. No, money is not happiness, but as I get older, money sure seems to be way ahead of whatever is in second place. Remember, happiness is a positive cash flow!
In "getting the work done" I continually see lawyers resisting getting the proper help from qualified expert consultants who are individuals with superior expertise that are outside their own firm. This week's "tip" is to utilize expert consultations with individuals having superior expertise.
Over the years I have utilized many people outside of my own staff who have been able to provide me with substantial expert information and direction with regard to how to better handle my clients' legal matters.
Some of the individuals that I have sought out with regard to their expert advice are accountants, appraisers, architects, bankers, business valuers, contractors, doctors, electricians, firemen, lawyers, mechanical engineers, pharmacists, and Realtors.
In fact, the list is almost endless. I do not always hire these individuals to be an expert in my client's matter, but I often hire them to be an expert consultants.
The difference between hiring someone as an expert and hiring someone as a consultant is significant. An expert must be disclosed if they are going to be used as a witness, or if the expert's work product is going to be utilized for persuasion in a negotiation, mediation or arbitration. The expert and the expert's qualifications are going to be relied upon. If a person is going to be used only as a consultant, you will often not need a written report, the name and qualifications of the consultant need not be disclosed, and the consultation often times will be much less expensive than asking a person to serve as an expert. In fact, I have been able to get expert consultations on many occasions for free or for the price of a breakfast or a lunch.
Why is it that we as lawyers seem to think that we know so much about so many areas, and don't take the time to double check this information with people who are intimately involved in a day-to-day basis with this information we are relying upon to give our client sound legal advice and a plan for action? Taking the time to consult with someone who has greater expertise than yourself is not only a good practice, it simply makes good common sense.
I have often told people that being a lawyer is the true "Walter Mitty" experience. When you handle a legal matter that involves a particular area of business, a career, or some aspect of life day-to-day activities, it is important to know as much about what you are dealing with as possible. What better way to learn that than to ask somebody to tell you as much about that area as you need to know. Because of the kind of legal work I do, I have put myself into the "job description" of more people than I ever imagined. I have had to walk in the shoes of everyone of those people in the list above as well as many more that I can name. I find myself very frequently reminding myself what I "don't know." You have probably heard the phrase "the more I know, the more I know that there is still more to know." Another way of stating this would be "the more I know, the more I don't know." I have actually made the statement that "God has given me a gift, and that is to know, what I don't know." In truth, I have never had any problem admitting what I don't know, and have even stated to many people "this is your opportunity to educate an ignorant lawyer." This comment always is met with a chuckle, and is usually followed by more information than you ever would have imagined that someone was willing to part with.
As often as possible, I try to utilize people in these expert consultations that are existing clients, people who I would like to have as clients, or people who have outstanding reputations in their particular field. Interestingly enough, sometimes after I have used these people as consultants I get more legal work from them, new legal work from them or referrals of legal business. I think there must be something in the chemistry of utilizing consultants that goes something like "this person who is utilizing me as a consultant is smart enough to know what he doesn't know, and therefore, he must be a good lawyer." Getting new legal business or new clients is "icing on the cake." The purpose for utilizing consultants is to help with existing business, but if the by-product is more legal business, hallelujah!
The next time the thought goes through your head that it sure would be nice if you knew something more about a particular area that you are working in, get on the phone, make the contact.Take the consultant to breakfast or lunch, or go see them in their office, and "pick their brain." The consultant will be flattered, you will become educated and your client will probably get a better result.
Just as lawyers readily acknowledge that we are not competent in every area of the law, we should readily acknowledge that we are not experts in all of the non-legal areas of business in life that we are dealing with.
Another addition to the utilization of consultants would be to have your client with you when you talk to the consultant. You might say why would I admit to my client that I did not know something about a particular area of business or a particular profession? The better question is why would you not admit this, and engender in your client a new level of trust that the client's lawyer is smart enough to know what they do not know, and not afraid to ask or admit it.
Often times these consultations will reveal industry standards, practices, philosophies, strategies, and other valuable insights that will allow you to do a much better job for your client in handling their legal matter. The adage "knowledge is power," has never been truer than when you get that knowledge from an expert. I've said this before, but it is certainly worth repeating here, "try it, you'll like it!"
Next week we are going to talk about "utilizing law professors, retired judges or other qualified lawyers and counselors in cooperative legal services agreements and legal work assignments." The concept is that your law firm is as large and as capable as the number of lawyers that you can assemble to be of help to you and your clients, not just the ones that currently appear on your letterhead. We will talk about expanding the circle of other lawyers that you can count on to be of help to you and your clients and again remind you how important it is to "think outside the dots, and think outside the box," when putting together personnel, work assignments, and action plans to help in successfully completing the legal task that your clients have entrusted to you.
Talk to you next week!
Jim Wirken is a civil trial attorney and the Chairman of the Board of The Wirken Law Group in Kansas City.