Only 475 attorneys meet the ultimate test. Clients tell us there is no higher honor.

Top legal decision makers single out these rare attorneys as delivering the best client service among all others — by name. Again, not just good, but better than all others. Clients are free to select from the universe of all the attorneys they know as we offer no lists, prompting, or suggestions. And we don’t take self-submitted entries or any other self-promotion. You can only earn this one with your clients.

Only 9 attorneys earn multiple nods as BTI Client Service All-Stars — meaning more than one client singles out this attorney. These include:

Large and small clients will spend more on outside counsel in 2021. Look for a net increase of 5.8% over 2020. Some industries will be increasing legal spending far more than others. And the spending spree may last longer than you think. Let’s start with the industries increasing the most:

It’s All in the Industries

A mere 18 to 20 industries account for the bulk of spending on law firms in the private sector. Out of more than 600 SIC codes, only a few spend so much they dwarf all others. This disproportional spending lies at the heart of the business market for outside counsel. The bulk of these industries are either benefiting or are avoiding a slowdown.

Industries benefitting from the pandemic include:

Faint glimmers of hope for changing the pandemic’s arc for the better are popping up. But the legal world is still upside down — or at least sideways. And this makes client service matter more than ever.

So how do you stand out, how do you get ahead, and what can you do? Here are a few real-life examples from some clever and exceptional attorneys — as measured by clients. Enjoy and learn:

Here’s What We’re Going To Do

“The WFH mandates started rolling in across our different locations. We had already started our WFH initiative which moved things along. We were largely leaving the decisions up to the business unit leaders as to what to do, using our standard language about closures and layoffs. I got one of my regular calls from David, a partner I work with a lot. He told me he saw we were starting to use remote workers and a number of our facilities were, or were about to be, under mandates to work remotely.

You have to understand, David is an M&A guy. He had one of his partners who is a workforce guy on the phone to ask me questions.

He asked me how we were handling these different situations. After telling him, he wanted to see every email or other communication we had sent to employees. He offered to use his associates and eDiscovery team to find the emails and communications. David explained how these could be scrutinized for discrimination, non-compliance, and otherwise be used against us. He wanted to make sure we were doing the right things — along with using the correct language and being consistent.

David set up a data room to store prior and future communications. He and his team now review all the emails before they are sent and look at patterns and potential areas of risk. We are also developing standard language for when we bring people back.

I think he helped us manage risk, and frankly we appreciate the way he came in and facilitated the process. I never asked for help, I didn’t even think to ask — he was just out in front of me. He reduced our risk, workload, and made me look pretty good in front of my CEO.”

General Counsel
Large Consumer Brands Company

I’ll Take the Heat

“We were in the middle of a small but important acquisition of a technology company. We were going to use their technology to build out a new product line. My CEO was reluctant to move ahead because of concerns about being able to close the deal and manage all the moving parts during a pandemic. I assured my CEO we could get it done and gave him a target date. After a few more conversations he agreed.

I told Stephen, my partner at our law firm, we were moving ahead and gave him the target dates. Everything was going smoothly. We were planning for the closing when I noticed one key agreement, highly specific to this deal, was missing from the closing package. I called Stephen, he checked his files and said he didn’t have the document. After we both searched, I realized I never sent this pivotal document to him. My heart sank and I felt my credibility was just blown. I had to tell my CEO we would miss our deadline — which meant other deadlines for integration would be delayed and would impact the product launch and technology team.

Stephen asked me to send him the document and said if I had to tell the CEO anything, to blame it on him. He was willing to take the heat for the missed document.

It turns out we had the document. One of my in-house attorneys had handled it because of its sensitivity and had filed it in a special place no one else knew about. But fortunately, we had what we needed to move forward and stay on schedule. Stephen reviewed the document one last time and we were good.

He was willing to take the hit for me. He told me the relationship would withstand the damage and why do any damage to my career. I have never had any outside attorney show this kind of interest in me — ever. It gave me a whole new perspective. I am just blown away.”

VP Legal
Leading Telecom Company

Stay Put

“As soon as the shutdowns started, one of our law firms told us they would file for stays on every matter they were handling. Then they sent me copies of each one for my records. I never asked them about this before they called, because I was too busy dealing with our closures. Frankly, I really didn’t know they (the firm) thought about us this much. Sending me the copies showed real thoughtfulness and thoroughness I hadn’t thought about before. They rose a few notches in my book when it comes to litigation.”

Chief Legal Officer
Large Integrated Food Company

Clients bring a broad definition of client service. Truly outstanding client service is unexpected. It can help personally and professionally, it can propel client careers, and most of all it will show you care and act more than all others. Look for simple ways to help, listen with depth and an ear toward problem-solving. And, stay in communication so you are the first and only one to hear how you can help your clients.

Be well. Be cautious. Be safe.

MBR

The MAD Clientist

And – don’t miss our just-released BTI Practice Outlook 2021: Pandemic-Led Legal Spending. Get the most detailed, authoritative look at outside counsel spending for 2021 — for 14 practices and 18 industries in our brand new report. Learn more.

Law firms can stop walking on eggshells — at least when it comes to the market and outside counsel spending. After a 2- to 3-week hiatus in March and April — spending started moving back up. Clients found themselves with a plethora of new issues all landing on top of the old ones.

Agency actions are soaring with new guidelines — both final and interim — impacting almost every company in the US. Employees are bringing COVID-19 related actions and clients expect caseloads to soar. Top legal decision makers are increasing spending on outside counsel in 2021 — and looking for new law firms to help with all the new types of matters they expect to see.

8 Key Trends Shaping the Pandemic Led Legal Market in 2021

Clients’ demands, needs, and priorities all pivoted in new directions as the pandemic kicked in. The pandemic continues to have a profound impact on legal spending, though client needs are becoming more defined. Growth for law firms in 2021 is dependent on understanding these key trends driving outside counsel spending next year:

• Client workload is turning into a tsunami of new work
• 4 Practices are growing more than 10%
• An astonishing 12 practices are poised to grow in 2021
• Clients expect to pay premium rates in 12 practices
• Cybersecurity is a top priority in 8 industries with the largest legal spenders
• Class Actions is a top priority in 8 key industries
• Health Care client’s need more practice areas than any other
• Pharma and High-Tech rival Health Care for its broad needs and spending increases

So Many New Trends Redefining the Legal Market

And it’s not just changes of old trends, for the first time in years we found:

• Both Outside Counsel and In-House Spending are headed up for the first time in 5 years
• Clients are more open to awarding work to midsize firms than at any time in the last 10 years
• Clients are flooded with new regulations covering the workforce and anyone who came near stimulus money
• Despite bringing some work in-house clients know they need outside counsel help in a big way, and the issues clients face are only growing

BTI delineates all this and more in our brand new BTI Practice Outlook 2021: Pandemic-Led Legal Spending. This research is based on more than 240 in-depth independent interviews with top legal decision makers conducted during the pandemic. You get the most detailed, authoritative look at outside counsel spending for 2021 — for 14 practices and 18 industries.

Find the Hot Spots by Industry Fast — BTI’s Industry Opportunity Matrix 2021

Map out spending with client plans for 14 practices and 18 industries — all in one place. Your in-depth look at how companies are changing the way they allocate their legal budgets in 2021 shows the impact the pandemic has had on the opportunities available to law firms. Learn the distinct set of characteristics for each practice and use them to your advantage to develop premium work with the most effective strategies. This is one of the most in-demand tools used by law firms.

Easily spot spending surges — and get the inside story on why and how to capture the new work. Only in the just released BTI Practice Outlook 2021: Pandemic-Led Legal Spending. Order today!

Good luck in the market ahead.

Be well. Be safe. Be cautious.

MBR

The MAD Clientist

GCs are highly satisfied in their jobs.

7 months into the Pandemic alongside the most contentious election anyone can remember — yet, 42% of GCs are satisfied in their jobs. But this finding masks a much more important insight. Our research reveals 58% of women GCs are highly satisfied compared to 36% for men.

Here’s what women GCs who rate job satisfaction highest have to say:

— They are more optimistic about their future

— The pandemic is a showcase to display their leadership skills

— Peers and direct reports are turning to these GCs for counsel and advice on how to handle the work and family stress

— More “face” time with top management looking for substantive counsel, even if the face time may be over Zoom

And they shared these comments:

“I have spent more time with top management in the last 6 months than I have in the last 6 years, I feel like finally I’m sitting at the adult table.” GC, Medical Device Company

“Our team has developed a pattern of briefing company leadership, and we figured out how to talk about and get ready for the future.” GC, Growing Tech Company

“I am working a lot more, but I am suddenly immersed in all kinds of COVID and non-COVID issues.” EVP, Legal, Large Energy Organization

“I’ve been able to bring my team closer together and we are coming up with new ideas and plans for whatever comes next and management is eager to hear what we have to say.” Top Legal Officer, Leading Financial Service Company

Things flip when looking at the 50% of top legal decision makers who are somewhat satisfied: 57% of men compared to 33% for women. Men report current challenges are intellectually rewarding but are concerned their loss of in-person face time will hurt their careers.

Only 8% of top legal officers are less than satisfied in their roles.

You now have a bird’s eye view of the dynamics behind the highly satisfied GCs. Use it to help your clients get even more out of their jobs. You can help your clients prepare for top management meetings, develop strategies, help define the next set of issues they will face, and provide moral support. These clients are proud of their teams and you can make yourself part of the lineup. You may find yourself with higher job satisfaction yourself.

Be well. Be safe. Be cautious.

MBR

The MAD Clientist

(This research is based on more than 300 interviews with top legal decision makers conducted between April 2020 and October 15, 2020)

Clients tell us the shock is over. It may not be any easier — but it’s reality. Top legal decision makers have had time to reflect and adapt. They are thinking about what’s coming, making immediate plans, and strategizing their next moves and beyond. And, they have shared their thoughts with The Mad Clientist. They breakdown into 7 major topics:

No longer when it will end, but how long will it last?

Back in March clients were talking in terms of months. Now, we routinely hear talk of a year or even years. Yes, years. Clients see this as a long-term process. This shift has many implications for the workforce and economy — but also provides one of the first organic platforms on which to build a long-term service plan. Use your BD departments and BD executives to develop, or help attorneys develop, these plans.

No longer a surprise, or new

The pandemic rumbled as it was coming, and landed with a thud and splash. Clients have stretched their time frames and accepted Zoom calls as part of their lives. As we discussed last week, we are already in the midst of the next normal. And now it’s all about the next normal. Law firms focusing on what’s coming next will get more traction than those focusing on what if.

How much will law firms ask for in their rate increases, and when will they know

Clients face the biggest surge of work most have seen in their careers. Litigation matters are going to surge 24% with a 4% budget increase. They have to factor in rate increases and no law firms are giving any hint as to what to expect. Many clients are expecting the worst. We recommend getting out and talking about your rate increases now — even if it’s just resetting rates back to the discounts you offered when the pandemic first broke out. The more clients know, the less frustrated they are, and the more likely you are to get exactly what you want.

Clients want to keep some of the interesting work for themselves

The pandemic is generating some of the most interesting litigation, deals, and legal problem-solving clients have seen in a long time. They love a challenge and want to work on some of these cases themselves. Stand by and offer research help and other support. Help clients enjoy the intellectual challenge. You will not only give your client help they need, you will also gain insight into how they like to work and become a more valued resource.

How to get more people and budget

Tackling all the new matters coming in the door takes time, money, and talent — and every client is trying to figure out how to get more of each. Law firms are often too busy to offer secondments, so the more you can help with settlement strategies and fixed fees, the more time and talent you free up for clients. You can also share strategies and tactics your other clients have used to gain more budget for in-house attorneys.

How to get ahead of their business unit leaders

Top legal decision makers have their organization’s best vantage points for spotting regulatory demands and requirements for current operations and reopening. They are trying to figure out how to get the messages out to business unit leaders before they act and make decisions. The internal legal advisors see this as a real opportunity to plan and avoid problems, and they want to act in advance. You can help your clients craft the message and share experiences with other clients.

Should I hire a new law firm to help?

Large clients work with hundreds of law firms — but 2 or 3 get the bulk of the serious work. The same holds true for mid-size clients. They use a dozen law firms, but only 2 or 3 get the bulk of the work. Both large and mid-size clients face the same issue. Only 1 of these primary firms is rising to the occasion. This helps explain the surge in RFPs heading to law firms. Clients know they need more than a single firm to step up.

Strategically designed client feedback will tell you where you stand with your clients and how you measure up against other firms serving them. In the interim, you can take your team and redefine client service excellence for each client. Hold a 1-hour Zoom meeting asking each internal team member to bring 1 idea on how to improve client service. Ask clients how and where the firm can improve or share your list and ask them to comment.

The whole world is redefining how to work with clients and manage business relationships. Your ability to understand and leverage the new definition and expectations is the difference between keeping and gaining clients — or not.

More changes will come and evolve. We are seeing big changes in spending plans for 2021 and we will be detailing them all in our upcoming report, the BTI Practice Outlook 2021: Pandemic-Led Legal Spending. The market for today, and for the foreseeable future, belongs to those who can read it and develop opportunities. Please reply to Michael Rynowecer if you want early access to this research.

The market is changing, morphing, and can be completely different in the blink of an eye. The same holds true for client expectations. Think of clients as the beacon of light in the fog, they will guide you to safety and success.

Be well. Be Safe. Be cautious.

MBR

The MAD Clientist

My friend, and longtime collaborator, Dr. Silvia Hodges Silverstein, asked me to share ideas with her thought-leading members of Buying Legal Council on how they can cut costs while adding more value. We discussed a broad range of ideas in a highly engaging panel discussion with top buyers of legal services. Each individual had recommendations and ideas. I focused on 5 major tactics.

Savvy law firms can offer these ideas to their clients to save money, increase value, and get more business for themselves. We discuss each below:

1.1 Ask Your Top Law Firms for a Request for Value

The RFV is a short, simple document asking law firms how they can measurably add more value in the short- and long-term.

• • Ask your law firms how they can be more effective, streamlined, and efficient.
  • Bar any discussion of cutting rates, you will get more substantial savings elsewhere.
  • Be clear in indicating you want ideas on operational and structural changes — this is where the big, and often hidden, money is.
  • Invite recommendations about changes in how your department operates.

Limit the size and scope of the response. Short answers bring out more developed thinking and eliminate work for you.

2.1Identify Self-Inflicted Costs

An outsider can more easily spot duplication, inefficiency, and non-value-added activity, especially in the informal systems people rely on. Your job is to find the duplication in effort — usually in communication and procedures — and stop them cold. Some clients report productivity boosts between 15% and 20% after formal system reviews. You can get at least halfway there with informal reviews. Your law firms with strong relationships and opinions can be extraordinarily helpful in the effort.

3.1 Use Fewer Law Firms

Outside counsel management time is one of the largest hidden legal costs. This goes beyond the legal work and well into the management and administrative aspects of the job at hand. Large companies use hundreds of law firms — but only between 5 and 25 in a substantive manner. Smaller companies use between 3 and 15 law firms, with up to 9 in a substantive manner. This translates into dozens of conversations about everything from strategic decisions to mistakes in bills. 

Using fewer law firms means less management time, more concentrated knowledge about your company, streamlined communication, and more economic power. If you truly need hundreds of law firms for specialty work, let other law firms manage them. Your time is worth more than you will pay.

Your goals and feedback will serve as the North Star for your new and more productive relationships. Be sure to share these with the law firms on your newly reduced panel.

You can use a Request for Value to start screening the law firms you want to keep. Top legal decision makers tell us they are always surprised at who brings the most insightful ideas and the firms who unexpectedly default to rates — even though you asked them not to.

4.1 Adopt Time-based Metrics for Outside Counsel

Measuring and setting standards using elapsed and estimated time is an extraordinarily powerful tool in creating value and saving time. The most powerful metrics include:

• • Time to reach a stated goal. Delineate a date and time for completion. You can use this to spot changes early, measure productivity, and gauge efficiency over time. This metric also improves reliability on delivery as all parties focus on the time due.
  • Time to reach an interim deadline. On larger matters and projects, targeting interim deadlines gives insight about overall progress and any changes the matter may require. Lay out dates and deliverables along with the name of the individual responsible for making it happen.
  • Estimate-to-complete. For large matters, allocate the time needed to complete an assignment based on current facts and circumstances. This means stopping at key points and re-evaluating strategy and resources to gauge where you are and identify any necessary changes to reach targeted dates and goals.

These time-based metrics can serve as the basis to develop estimates for key tasks and similar efforts in the future.

5.1 Alternative Fee Arrangements

Alternative Fees, especially fixed fees, save 17% on average — with better outcomes and client service. You can find the law firms best at implementing AFAs here.

You can use these measures immediately; they require new behaviors, but no new technology. You will have more success picking one strategy at a time — especially the ones with which you are most comfortable and fit your culture. But sometimes a little change can go a long way in making life easier and creating a better culture moving forward. Either way, these changes lay out a path to savings, create more value, and reduce risk because each brings improved controls. All valued tools in a pandemic — and beyond.

For an in-depth look at these cost cutting measures you can view the video here: https://youtu.be/tC0Cv6Bu6Go

Be well. Be cautious. Be safe.

MBR

The MAD Clientist

So many events just in the last week remind us this thing isn’t over yet.

The next normal is here. And the next, next normal will arrive soon enough. The pandemic can change things in the blink of an eye, and volatility is part of it all. This begs the question — how do you get ahead of it without taking your eye off the ball? My friend and great thinker Patrick J. Mckenna and I discussed this in detail and developed the following plan to get ahead:

It’s Time — Start Now

Initiate a task force, unlike ones you have had before. Include one member of top management. Then add experienced partners, income partners, rising stars, counsel, staff, and a few associates. Each group brings its own perspective and bias. You will benefit greatly from a spectrum of experience, vantage points, and generational views.

Start with a clean sheet of paper. The goal is to gain perspective, unbiased by current strategies and resource constraints. More specifically, charge the task force with collecting:

1. Explore Firm Thinking 

Every single attorney, administrative professional, and support person has an insight. Ask for it. You will be surprised by who has compelling ideas. We recommend the following queries and topics to start things out:

— Ask all about what opportunities they see across the firm and with clients

• • • Are any of the new assignments or client questions camouflaging brand new or unexpected client need?

— What they would do differently in their role

— How to boost productivity

• • • Are there any new checklists, templates, processes, or work habits the firm can develop?
    • Does the firm have unproductive ‘zombie’ projects we should be killing off?

— Opportunities in the client base you think are unseen

• • • What unusual new kinds of client matters have you been working on?

— Other insights they want to share

• • • Is there anything that you have observed going on externally that could impact us positively/negatively?

You will find answers worth their weight in gold — offering deep, rich insight so valuable it makes the entire effort worth it. And, keep in mind, identifying and deciding what to STOP can be a key aspect of your moving forward.

You can do this through an online survey and no more than 5 questions. The richness of your discussions about these topics will bring equally robust value.

2. Investigate Your Client’s Thinking

Assign at least 2 individuals to act as client advocates. Your CMO and BTI Client Service All-Stars are excellent candidates for these positions. Their sole job is to bring the client’s perspective. You can’t get ahead of the pandemic without getting ahead of clients. The driving client issues to explore include:

— What will clients do in terms of:

• • • Disruptions impacting each client’s industry, financial or otherwise
    • Their biggest challenges right now
    • Defining their strategy for moving ahead
    • What they hope to achieve by this time next year
    • Using outside counsel
    • Reporting progress to clients
    • Spending on outside counsel and how they are looking for firms to deliver more value moving forward
    • The new matters coming in the door
    • Giving work to your firm

— What are the implications of all the new matters clients are about to face?

• • • When do clients want to see us again — in person
    • How often do they want to hear from the partners (hint: it’s a lot more than you think)
    • What personal issues may be creating work/life conflicts for clients
    • Define the highest and best strategies to help clients
    • How to improve client outreach and business development on a systematic basis, right now

3. Adopt New Planning Horizons

No one knows how long the pandemic and WFH will last. Last March, most attorneys believed they would be back to the office in September. Now firms are talking about Q1 2021, at the very earliest. You can’t fix a date but you can plan for multiple time horizons including:

— 1 and 2 quarters

— 1 year

— 2 years

Crossing time frames enables you to spot unnoticed but influential trends, as well as opportunities. You can see themes having legs and themes likely to disappear. All of which help the firm’s leadership to stay on top of escalating issues and the decisions you may need to make, but haven’t surfaced just yet.

4. Keep Checking the Pulse

Monitor evolving trends, build detailed scenarios, track the leading indicators, be ready with an appropriate plan of action — and update your plan.

— What important trends can we spot, track, and act on, ahead of everybody else?

• • • Changes in the nature of client requests
    • New and different client concerns and requests
    • Openings and closings in all sectors of the economy
    • Any new potential outbreaks or slowdowns in the spread

— Are there surprises likely to truly hurt (or help) us?

— What emerging or existing technologies might be able to change the game?

— Is there an unthinkable scenario worth thinking about?

— What if things get better?

— What will work and client relationships look like if WFH is still dominant in Q4 2021?

5. Make Meetings Short

This is too important to have long meetings. Set aggressive meeting time limits and focus your energy. Your goal is to focus on scenarios and actions. We recommend 45-minute meeting sessions once a week.

6. Make Your Observations Even Shorter

Your short and pointed observations, thoughts, and recommendations have a substantially larger impact than long paragraphs and reports. More people read short answers and are more likely to absorb your thoughts.

Well-run organizations plan for the unknown. They know they can’t predict the unknown or when it will happen, but they can deliver frameworks and hone their planning techniques. We recommend you do as well, if you haven’t already. It’s the best chance to get ahead of what’s next.

Be safe. Be well. Be cautious. Stay future-focused.

MBR

Patrick J. McKenna

The MAD Clientist

Fear can be healthy. It prepares you for imminent danger. It can help you improve your response to a potentially dangerous situation.

Fear is especially healthy for the BTI Fearsome Foursome. These are the firms top legal decision makers do not want to see on the other side of the table in litigation. Counsel opposite The BTI Fearsome Foursome often change their strategy and approach when they see these firms on the other side.

The pandemic changed everything, including what makes a law firm fearsome. Yet, the BTI Fearsome Foursome are all alumni. Their consistency in the face of seismic change suggests ferocity is cultural — a natural ability to hone in on the key issues and approach for any circumstance — and then pounce.

Top legal decision makers point to 21 firms as the opponents they do not want to encounter. The top reasons:

1. Tie Claims Together in New Ways
   The sudden WFH and other pandemic-related demands create new circumstances and claims. The Fearsome Foursome are quick to spot these and use them to their client’s advantage.
2. Very Early Assessments
   No one ever has all the facts they want. The Fearsome Foursome operate with fewer known facts. They may adjust and pivot where needed but get out of the gate quickly — and have a strong record for being on the right track.
3. Decisive and Confident
   Confidence comes with being comfortable with fewer facts, drawing on experience, and trust in their intuition. This enables the most feared firms to act quickly — often interpreted as aggressive and time consuming by the other side — adding to the fearsome persona.
4. Unbound by Convention
   No-rinse and repeat here. These firms always have a new approach. These unanticipated approaches throw the opposition off guard and offer an advantage.

These 4 behaviors define key aspects of the Fearsome Foursome as the pandemic unfolds. Please join me in congratulating the following 21 firms.