“Fools believe silence is a void needing to be filled; the wise understand there’s no such thing as silence.”
Michael J. Sullivan, Age of Myth
Client: Why do I want to pay for two lawyers to be in this meeting?
Some years ago I went off on a cruise and took the opportunity to have some renovations done at my house while I was away. George did a great job on the drywall, but when he sent me the invoice, he made one tiny little mistake. Instead of giving me the invoice for the construction work, he sent me an invoice for his “other business” which, unbeknownst to me, was producing racy videos. He was quite embarrassed when I asked him what a “panty teaser” was and what it had to do with my ceiling. I never did find out whether my house was the setting for his cinematographic masterpiece.
When I practised law in Mississauga, Ont., our fees were cheap compared to the Toronto firms, and kind of expensive compared to firms in places like Guelph, Belleville and Kingston. I occasionally wondered whether my clients might prefer to deal with firms in smaller cities at lower rates. Then I would reassure myself that doing so would be terribly inconvenient for them and that they would rather pay more to deal with me.
Now I am not so sure.
Since lawyers tend to think that they know a great deal more than they do about just about everything, they often choose to do things themselves rather than pay money to experts to do them.
One of the things that lawyers typically do poorly is performance reviews.
Near the end of my career, at a time when I frequently congratulated myself (since no one else would listen) about how brilliant I was at dealing with clients, I lost a long-standing client who I will call Charles. I should have fired Charles years before and was holding onto for some twisted sentimental reason.
Many of you will be familiar with the old saying (sometimes attributed to John Adams and other times to Winston Churchill) to the effect that “if you are not a socialist at age 20, you have no heart, but if you are still a socialist at age 30, you have no brain.”
“The bitterness of poor quality remains long after the sweetness of low price is forgotten” is a quote frequently attributed to Benjamin Franklin. Quite true, but it is more complicated than that when we are dealing with things, such as legal services, that the consumer often does not understand.
Back in grade two, the class bully and I got hauled off the principal’s office who demanded to know why we were fighting in the school yard. I explained, “he said shut up. I said make me. He was making me.” I learned fairly early in life that our words and actions have consequences.
Years ago, a young person I know was quite proud to show me his first credit card. I was underwhelmed and said: “Big deal. Anyone can get a credit card with their own name on it. The trick is to get a credit card with someone else’s name on it.”
I was reminded of that incident recently when I got a notice in the mail from a major insolvency firm telling me that a fund which I had unwisely invested in was insolvent, the insolvency firm had been appointed as the receiver, and a large law firm has been appointed as ‘representative counsel.’ Now I had reason to worry that all was lost.
“Our policy is to push the work down to the least expensive professional resource who can provide an excellent work product, and by doing so you get the best value for your money.”
Said every partner in a law firm, ever. And they mean it when they say it. That is in fact their policy. And in theory, some day they will figure out how to manage their law firm so that they can consistently comply with that policy. Of course, there is a difference between theory and practice. For example, in theory communism works. Not so much in practice.