Volume 20, Number 5 July/August 2003
TOO MUCH RAIN, NO ONE TO DO ALL THE WORK
SOMETIMES BIGGER IS BETTER
By Eileen M. Letts
When should a small firm turn away preferred business out of
concern that the workload will be too great and the quality of
representation (along with the firm's reputation) may suffer? The
answer is simple-never.
New clients are the lifeblood for a firm looking to expand. When
a law practice generates excessive rain, it should never run for
shelter, but must fashion itself an umbrella: Change the firm,
expand the firm, or partner the firm with another outfit, but
don't turn away clients, as they may never come calling again.
Whenever a firm accepts additional work, however, it must take
care to best serve these new clients.
In devising a strategy to upgrade a firm's functional capacity,
the first priority is to conduct an honest self-assessment to
determine the office's current capabilities and needs. An
internal evaluation will often reveal that existing resources are
not being used as efficiently as possible, and that a firm can
readily handle supplemental challenges while retaining its
current size. Examine the billable hours of attorneys and the
workload allocation among support staff to identify where
additional productivity may be wrung from existing assets. With
better delegation and increased team effort, small firms may
discover that simply utilizing untapped potential will allow the
management of added challenges without the need to expand.
Where it is determined that the requirements of a new client will
outstrip the current capabilities of a practice, a firm must
choose whether to increase its size or to partner with another
firm on the project. Partnering may seem the easier and
economically safer option, but it carries certain pitfalls:
alienation of the client who didn't hire the third-party firm;
loss of quality control; and the potential for theft of an
account. If at all possible, keeping files in-house is
recommended over outside partnering.
When designing an expansion plan, further appraisal should be
performed to determine whether the firm will require additional
lawyers, paralegals, office staff, information technology, or a
combination thereof. Often these needs will depend upon the
nature of the work at hand. In class action suits that focus more
on document organization than courtroom time, support staff may
be the primary need; where procedural complexities will demand
extensive research, paralegals may be called for; with intricate
fact patterns entailing extensive depositions and investigation,
the enlistment of additional attorneys may be required.
Other factors to consider with new hires are whether they will be
needed on a part-time or permanent basis, and whether the demands
of the representation will require lawyers with specialized skill
sets, practice areas, or experience.
Finally, during expansion a small firm must conscientiously
balance the need for additional resources with an eye toward
cost-effectiveness and profitability. With new clients, critical
attention must be paid to superior representation and
relationship management, as smaller test assignments may lead to
more lucrative associations. With this in mind, expenses should
not be spared-but they should be controlled.
Investing in your practice and enlarging the payroll entail an
element of risk and can be daunting, but ultimately this is the
only way to develop beyond small firm status. When my partner and
I set up our own practice, we had only our own talents and an
office administrator. Twelve years and several expansions later,
Greene and Letts comprises two dozen employees and is still
growing to handle our swelling client list. Timidity or
self-doubt was never in our business plan.
Common sense, pride, and legal ethics all compel a law firm to
provide optimal representation. Solid business practices dictate
that a firm never turn away opportunity. An ambitious practice
should neither earn a reputation for taking work that it cannot
handle nor for being unwilling to accept assignments. Always
acquire the client, and always ensure that the work will be
managed professionally (even if it means altering your firm
accordingly).
"Be careful what you wish for, you might just get it" is a
cynical adage to which success-minded individuals should pay no
heed. Strive for the business that you wish for, obtain it, and
then make whatever changes are necessary to accommodate the work.
By gradually enhancing your "umbrella," your small firm will
eventually find itself able to handle any rain that comes its
way-and it may no longer be considered "small" by potential
clients.
Eileen M. Letts is a founding partner of Greene and Letts, an African American owned Chicago firm that specializes in litigation, discrimination, and employment law defense. She currently serves as president of the Chicago Bar Foundation and is co-chair of the ABA Section of Litigation's Programs at the 2003 ABA Annual Meeting. She can be reached at emletts@greeneandletts.com.
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