Letter to the Editor

Re: “Dare to Care… The Paradigm for the Successful Defense Firm of the 21st Century”

Dear Editor:

Mitchell Orpett's article “Dare To Care...The Paradigm for the Successful Defense Firm of the 21st Century” (YourABA November 2006) spotlights the profession's shameful, continuing denial of the necessity of business training in law school and beyond. It would seem that lawyers, uneducated in business, cannot distinguish the broader concepts of business practices from the narrower, and not necessarily included, (distasteful) ones of sales and marketing.

It is frightening to realize that most of our nation’s businesses are advised and represented by people who have not only never owned a business themselves, but have never received any training in the concepts of business management. This has created a profession of short-term problem solvers rather than success advisors. This is grimly akin to doctors receiving training in treating illness but little or none in promoting wellness. It is the profession's purist fixation on “professionalism” which has itself hastened the demise of the counselor role and damaged the image of the profession.

Although I agree wholeheartedly with Mr. Orpett’s views, I do take issue with his perpetuation of the belief that “professionalism” is being slain by “business.”

In working with Bar associations across the country to help lawyers learn how to run more efficient, organized and successful practices, I talk daily with excellent lawyers who are in overwhelm and stress, even to the point of endangering their health, because they are unequipped to cope with the mundane issues of practice operation.

According to malpractice statistics, approximately 55 percent of all malpractice claims result from “administrative error,” which has little to do with legal skills and everything to do with running a well-organized, quality practice which doesn't make stupid mistakes like failing to calendar statutes or court dates.  Further, the single biggest client complaint in survey after survey is “failure to communicate,” which again is a direct result of an overwhelmed, disorganized attorney or, frankly, incompetent or irresponsible staff. Lack of “business” skills leads daily to committing malpractice and/or creating frustrated, angry clients. That result is the complete opposite of “professionalism.”

The profession must embrace the fact that good business practice—operating efficiently, in an organized and quality manner—is the only way to assure consistent delivery of quality client care. Good business practice allows, enhances and assures the highest levels of professionalism rather than degrades it. Toyota’s overtaking of GM couldn’t happen without a quality product. In fact, their commitment to a strong business structure has been their “secret” to both a high quality product and strong “client” loyalty.

Perhaps back in the days of kerosene lamps the attorney could “just practice law.” But in these days of high technology and high complexity, the profession can no longer afford to deny that good business is essential to true professionalism.

Sincerely,
Dustin A. Cole
Attorneys Master Class
990 Alberta Street
Longwood, FL 32750

Back to top