More Firms Are Implementing Change

You have probably seen much in the press recently about a firm called Exemplar Law Partners. One of the partners of the firm is Christopher Marston, who has just launched a new blog called Inside the Firm of the Future. Welcome to the Blogosphere Mr. Marston. Your law firm and insights will fit very well in the context of this blog.

Chris has an interesting post called "Exemplars Zero Tolerance Policy for Negativity." The gist of it is that they require lawyers to focus in on what is possible, not impossible. Chris notes that lawyers are often trained to be cynical (in my words) bastards. He correctly notes that this kind of training is great for perpetuating controversy and problems, as well as creating new problems. But it doesn’t work very well for clients who are focused in on solutions.

Of course, one of the hourly billing problems is the incredible incentive provided to lawyers to perpetuate client problems so that they continue to bill. Most lawyers spend very little time discussing with the client how they will solve the client’s problem and in what time frame they expect that to occur. Few lawyers document the strategy and exit on the front end of the case. Of course, lawyers would never want to commit to anything with their clients beyond the fact that they will receive a monthly hourly bill.

Here is Chris’s money quote:

• "Exemplar has a policy to only hire attorneys who are capable of seeing beyond the problems to a solution for our customers. We have something we call "solution-discipline" at Exemplar that permeates our culture. Being around a group of "positive" people on a daily basis creates a tremendous energy that helps us to provide the best service to our customers every day. In fact, though we are also aware that a positive culture is very sensitive (see merger of Coopers & Lybrant with Price Waterhouse), it only takes one Grinch to ruin Christmas for a lot of people (disclaimer: the grinch has also been shown to ruin Hanukkah, Qwanza, and other important holidays). I think we all know a Grinch. Often, they are the biggest producers in the office or those with the most power or egos. Now, close your eyes, imagine you are Donald Trump, and exclaim to that person with a grin of pleasure "Yer Fired!" Feels good, doesn’t it? You see, at Exemplar we are all the guardians of our positive culture. You cannot buy a position at our firm with your book of business. In fact, we have turned several of them away. Your name will not be on the door no matter how many hours you can bill. If you need a power trip then you need a personality transplant, not a managing partner position. These people will not find an open door to Exemplar, and if one of them ever finds a side door (note: even Jack Welch only made the right hiring decisions 80% of the time at the height of his career), then our "positive" people will most proudly proclaim "Yer Fired." At Exemplar, the practice of law is not about our ego, it is about Excellence, Leadership, Integrity, Team, Trust, Respect, Communication, and Equanimity. . . the very values that will distinguish us well into the future."

For those of you who have not visited the Exemplar Law Partners’ website, you should do so. For those of you who think that the Greatest American Lawyer blog is trying to suggest change, you miss the point. We are actually implementing change. Change is here today. Alternatives in the market exist today. Firms like the one we have created and The Exemplar Law Partners are doing it and thriving as a result of the fact that they are different, innovative and provide positive energy to their clients.

Chris: this message is for you. Keep up the great work. Continue to innovate. Inspire others. Help change the way law is practiced.