Retro or Different

It’s pretty clear now that what looked like it might have been some kind of counterculture is, in reality, just the plain old chaos of undifferentiated weirdness.Jerry Garcia

Different seems to be the watchword for today’s new breed of lawyers; these rising stars with their different philosophies on billing, on marketing, and on the practice of law in general. We are seeing the birth of a legal counterculture, marked not by long-hair and tie-dyed T-shirts but by iPads, smartphones, and SaaS clouds. Out here in small town America, the trappings of old, republican, conservative law die hard (there is still the expectation of brick and mortar offices, three-piece suits, and varnished oak desks) and one has to sneak different into one’s practice slowly.

It is not that clients aren’t receptive to different, it is just that they really don’t care about it. Clients are interested in outcomes; more specifically, they are interested in paying you for solutions to their particular problem – they don’t care about the process or what technology you use to expedite your research, they just want the solution to be palatable. For the rural lawyer, technology’s role is not as practice differentiator (well, there may be a few referral sources that will be impressed by a law firm’s use of technology to implement a stream-lined, systems-based approach to handling client matters, but the average client won’t care if you have a new smartphone or a 5 year old flip phone); technology’s role is to simply improve your efficiency and reduce your costs.

In my one-man-band solo practice, technology is what keeps me sane. It allows me to have a human voice answer my phone and direct calls to me and it allows me to spend 30 minutes dictating a contract rather than 2 hours typing all without the overhead of having to employ actual staff. Technology allows me to run a paperless office secure in the knowledge that between my RAID arrays and backup software my business data will always be readily accessible. Tickler systems keep me on task, and e-mail filters help me manage information distraction.

The only thing different about my technology is that it’s not different – no cutting edge open source software, no public SaaS clouds, no smartphones or tablets. The only new piece of technology I could really use is a typewriter (I’m really fed up with filling out the 3-part Certificate of Real Estate Value by hand). Perhaps retro will be the new different.

Don’t Tell Me It’s Raining

Quality in a product or service is not what the supplier puts in. It is what the customer gets out and is willing to pay for. A product is not quality because it is hard to make and costs a lot of money, as manufacturers typically believe. This is incompetence. Customers pay only for what is of use to them and gives them value. Nothing else constitutes quality.Peter Drucker

Having gotten hooked on the concept that it is possible to engineer a consumer’s experience, I’m becoming more aware of the clues I use to evaluate quality service and I’m quickly coming to the conclusion that any consumer experience that adheres to  old adage: “don’t piss on my boots then try to tell me it’s raining” can claim to be providing minimally functional customer service. Given this relatively low bar, coming across truly horrific customer service is a rare event; yet recently, I’ve had the misfortune to walk away from a pair of consumer experiences with fairly damp footwear.

The first sandal sprinkling came from a small start-up marketing firm looking to expand into my neck of the woods. I like working with young companies, usually they are all teeth, shiny ideas, and enthusiasm. In this case, regrettably, it seemed that the teeth had been turned inward, the shiny ideas tarnished and the enthusiasm replaced by rancor as the failing interpersonal relationship between the company’s principles collapsed overnight. Now, I must commend these folks for letting me know (when it became evident that their personal differences were adversely impacting their working relationship) that they would no longer be able to meet with me. However, I could have done without the acrimony and personal tales of woe that accompanied the statements. It’s not that I’m not interested in “done me wrong” melodramas – I’m always on the look out for the next great country song lyric – but trying to engender sympathy just to poach business from the other is just plain icky (besides, I do family law and have learned the family law lawyer’s manta of “it ain’t my problem”). Continue reading

Not Surprised

Surprised babyThe headline reads “Legal industry struggles push lawyers to small-town firms”, and the article opens with the doom and gloom – many small town clients have to drive over 100 miles one way to see an attorney, NALP reports a 27% drop in big city law firm jobs since 2009, new lawyers are graduating with heavy debt loads and low employment rates.

On the plus side, there are law schools and bar associations out there developing programs to connect new lawyers and law students with small towns. This particular article gives a tip of the hat to the programs being developed by the Kansas Bar Association, the  University of Kansas Law School, and Washburn University Law School. Seems that the lawyers who are taking advantage of these programs are finding both employment and career satisfaction practicing law beyond suburbia’s sprawl.

While there may not be a stampede of new lawyers heading to the sticks, it does look like the trickle is starting to become a stream.

Help a Rural Lawyer Out

Dear Readers,

I’m trying to put together a list of law schools and bar associations that have or are developing programs aimed at getting law students and lawyers interested in practicing in small towns and rural areas. I know that there are programs either in place or in development in Iowa, Kansas, Nebraska, and South Dakota, but I’d like to know if there are others out there. So, if you know of a program please drop me a line and help out this rural lawyer.

Thanks.

Do it yourself

water pump

There are times when duct tape just won’t do

Rural communities pride themselves on their independent spirit and the idea that an individual or a community can accomplish anything if they just set their mind to it. This is the land of do-it-yourself; there are few things these folks won’t or haven’t done be it a simple matter (say rebuilding a tractor’s motor) or the more complex (building a home). Sure, they’ll hire a “pro” to handle the tricky bits, but out here the term “pro” can mean “someone with more tools than you” or “someone who’s done it at least once” – it does not, necessarily, mean “someone with actual training, skill and expertise”.

This do-it-yourself spirit also extends to things like sewer and water – things generally considered basic infrastructure items in metropolitan areas. Given the lack of population density, private sewer and water systems are far more cost-effective than their public utility equivalents; when the distance between homes is measured in terms of miles (or fractions of miles) and not feet or yards, it is hard to recoup the cost needed to install and maintain a public water system. And, for the most part, private systems work well and once installed are reliable and simple to maintain – that is until they stop working and you realize that getting water out of the ground is a bit more complex than simply turning a tap.

One of the advantages of being in solo practice is that it’s fairly easy to get your boss’s OK to stay home and deal with the crisis du jour. One of the advantages of being a rural solo is that your clients understand when you call them at 7:00 AM to tell them you can’t meet with them that day because your well pump is out and you are hand-watering your livestock. The big disadvantage is that once you’ve cleared your calendar, you now have to (a) actually see to your livestock one bucket at a time, and (b) fix your well pump – if you are lucky the problem is electrical, above ground and easy to fix (provided you remember to turn the circuit breaker off first), if not, then there’s a couple of hundred feet of slimy, wet pipe that needs to be pulled out of the ground and it’s time to call in a pro.

Besides putting a kink in your morning ablutions, this rural fascination with DIY can put a kink in a rural law practice. It is the rare rural client who’ll see a lawyer at the first sign of a legal problem (cherish these people for they make your life simpler), most will either put things off until the last moment or try to handle things themselves. While these DIY’ers can have significant impact on your bottom line (inevitably, it costs far more to fix a problem than prevent one), they represent a far more valuable marketing opportunity and can become some of your biggest fans. When the DIY’er reaches the call-the-pro stage, they are (a) looking to resolve a very immediate problem and (b) are at a very teachable moment – if you can find a satisfactory, cost-effective solution and show them in a non-judgmental way (a) how much more cost-effective this solution would have been if… or (b) how many more options would have been available if … these do it at the last-minute consumers can be transformed into loyal call-at-the-first-sign clients — plus, pulling someone’s butt out of the fire (it may be a small fire to you, but it’s a big fire to them) is always good for positive word-of-mouth advertising.

Now, it’s time to get back to watering the critters.