Counter-Intuitive Cross-Selling

Author: Richard G. Stock, September 2003 issue of Lexpert

Once again, it is time to de-bunk the myth that lawyers should be categorized (read branded) as finders, minders or grinders. It is simplistic, outdated and fundamentally wrong to pigeonhole professionals. Mid-2003 sees the private practice of law as a mature industry with a lot of talent competing for a limited amount of high-end work. The next couple of years will see little change in these conditions. Moreover, the old labels (vintage 1980s), which rank professional capabilities, create too much pressure for rainmakers and tend to camouflage the value of all the other lawyers in the firm.

Most lawyers work too hard and are still too individualistic, even though firms are less "eat what you kill" than they used to be. The only thing worse for a professional than being overworked is not being busy enough. All professionals, including lawyers, need to be needed. Work flow for law firms of 10 or more lawyers requires that some partners and associates be available to do the work for other partners. In large firms, specialists (tax, labor, IP, litigation) can come to rely on a steady flow of files from colleagues. What happens when that stream slows to a trickle, or when there are too many mouths to feed?

Cross-selling requires planning and some vigor in its execution because it is somewhat counter-intuitive to the culture of many firms. It cuts across the grain of small pyramids in law firms and complicates the relationships, which partners have with their regular clients. Cross-selling takes time because one has to learn the capabilities and track records of colleagues and because scheduling logistics can be challenging.

There are three barriers to overcome if cross-selling is to become more prevalent for a law firm. The first is to persuade partners that individualistic behaviour and personal achievement are less valuable than successful team-building. Good cross-selling depends on successful teambuilding. Law firm cultures celebrate and compensate personal economic success and do too little to promote and reward sustainable teams involved in business development. The second barrier is the insecurity, which some professionals have about their colleagues "hijacking" the client relationship. While rarely explicit, this concern explains much of the hesitation and why "our" clients are still "my clients". The third barrier can be a partner compensation system which does not put enough emphasis on business development, origination and leverage. Too many "service partners" and specialists fail to invest in building relationships with clients and partners, and they have little stimulus to change the status quo.

The Basics

Partners to whom cross-selling can be directed are busy people who rarely have enough time to do everything they would like to do, and that includes managing workflow and relationships. The first thing they require is the availability of trusted partners and associates to manage files/matters, or some of the tasks in a file. Rainmakers, and clients for that matter, call in their regulars. The core of the cross-selling strategy is to treat the partner as if he or she was a client. And the first steps in that process are to accurately find out their requirements for support in getting files completed, for infrastructure/technical support, and for business development. Rainmakers like the chase - the hunt for the work. Cross-selling must include collaboration in hunting for the work, even if this work is not for one's own area of specialization.

To begin, a partner or associate who wants to cross-sell should:

• Create a very short term plan - no longer than 90 days. There are collateral benefits to reducing it to writing, with no more than 2 pages;
  
  

• Identify the firm's clients or prospects (either industry sectors or specific targets) with which he or she wishes to become involved. Five of each is enough to begin. A couple of hours of background research about the clients, their industry sector, and the related history of the firm is well advised. Improvisation and cross-selling don't mix; and





• Identify the partners in the firm who currently work with the client or who are involved in the sector.