Sales attorneys in the offing
Where there's smoke, they say there is usually fire. When people begin to talk about "sales attorneys," attorneys whose function is to sell the services of the law firm rather than perform legal work, the closer to reality that position will become.
Recently, a San Diego law firm placed an ad in the local legal publication and on their web site seeking a licensed attorney to perform business development and sales activities for the firm. Whether this is a trend remains to be seen. But, it is clear that more law firms are taking the marketing and selling function more seriously.
Do clients want to "buy" legal services from the lawyers who will do the work? Is this a one on one relationship? Or is the law firm the provider rather than an individual lawyer. There is much debate on this issue. For example, does the client hire Latham & Watkins or John Jones of Latham & Watkins?
Years ago, when I was a General Counsel, our company engaged a major law firm. That law firm always engaged me with three lawyers, a senior partner, a junior partner and an associate. The thinking behind this policy was to assure that our company remained with the law firm even if any one of the three firm lawyers left the firm. In other words, our loyalty was not to one lawyer, but to the group and to the law firm. I thought this approach was very astute, though not practical in today's economics.
If the selling function gains serious traction in the profession, and the "selling lawyer" promotes the law firm, even if a lawyer with special skills is mentioned, I suspect that it will be the law firm as an institution that will be seen as the significant "legal party" in the attorney-client relationship.
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Interesting concept. The mega-firm I left to go into solo practice was definitely starting to emphasize the "client of the firm" concept over individual relationships by the time I left two years ago. I can see how a "sales attorney" could follow from that change in dynamic.
In the early 1990s, I discussed this option with the partnership of the national firm I used to be with. My theory was: the most successful financial services firms marketed using a sales force; we should model ourselves after those guys.
Having "sales attorneys" does not mean that the lawyers providing the service are relegated to back-room guys. But it always made sense to me to separate the sales function from the service function.
The idea is not a radical notion. It's just a recognition of what the most successful businesses do.
HiEd:
The model you are discussing is seen frequently in other professional services firms. In fact, it is uncommon in these cases for BD/sales people to have the professional license or degree of those who will do the work. They "work" the community full-time, spread the good word and reputation of their firm, and watch out for opportunities. When they spot them, they pursue them. It is also common for them to then send in "the troops;" those who will hopefully perform the work for the potential client. This relieves some of the burden of selling from the professionals, or in our case, the attorneys, but brings them in at the crucial time to talk specifics about the needs of the client and how the firm might match those needs.
With competition for business and clients the way it is today, I would imagine we will continue to see this trend grow in law firms. It truly is a position that can pay for itself with a small amount of business every year.
In my opinion, this doesn't eliminate the responsibility of all attorneys to develop business, and to get "out there" whenever possible, and even to pursue business when the opportunity presents itself. What is important is to make sure our salespeople and attorneys are comfortable talking to potential clients, that they know how to network, how to ask questions and to truly listen to potential clients. Then, and only then, they have earned the right to begin selling and matching skills to needs.
Nancy Myrland
I have had first hand experience as a "sales attorney." I really enjoyed the process of getting to know the client, determining their needs, and then prioritizing what we could do for them. The hardest part was the pricing for nonstandard items. It did require becoming very familiar with all of the practice areas in the firm. It's the perfect job for someone who enjoys being a generalist.