Where Do Clients Come From?
A lot of law firms on TV have a steady stream of diverse clients coming through the door with various interesting legal problems. But in reality, clients don’t come from thin air, ready to pay invoices for a smooth talking person in a suit to fix their problems. Instead, different types of lawyers have different networks and resources that attract clients. And while TV shows may not explore these sources of business, this blog will.
Why should you read this post about where clients come from?
You have already read my post about cross-examination and you’d like to know more about politely doing in public what would normally be a rude conversation.
You want to know what lawyer credentials mean something and which mean less.
Your idea of a good lawyer is James Spader from Boston Legal, whom I think would be a terrible lawyer to have.
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Referrals
Many people hire a lawyer because they already know the lawyer. Maybe the lawyer is your friend or family member. Or maybe the lawyer helped you on an unrelated matter in the past. This is not a bad way to find a lawyer because a major thing that a client needs from a lawyer is someone that they trust. And if you already know and have a relationship with a lawyer, it makes it easier to trust that person. This trust is important for two reasons. First, a client needs to trust that the lawyer is going to do act appropriately on the client’s behalf and give good advice. And second, the client needs to trust that the lawyer is not going to bill excessively or otherwise mismanage the client’s money. Although a lawyer you already know is not the only person you can trust and may not be the right person for every case, working with someone you know is a good start.
But people may not already know a litigator. In those situations, many people ask for recommendations. Recommendations and referrals are often a good idea, too. You can get a sense from other clients how well a lawyer handled their cases, how reasonable their fees were, and how comfortable the client felt with the representation.
Referrals from other lawyers may be especially helpful because lawyers are often sophisticated to know what type of lawyer may be best suited to handle a matter, even if it is not their specialty, and already know other lawyers because of their own connections in the legal world. Many people come to me and ask me for referrals to lawyers in other jurisdictions, for non-litigation matters, or for types of litigation I do not handle. Even though I do not practice in France, handle immigration matters, or litigate patents, I have met lawyers that I know and trust that do.
Advertisements
Many people do not find a lawyer from their own personal networks. Instead, many respond to advertisements, look to lawyers from big firms with established brand names, or look at credentials to find someone who looks like they would do a good job. People do this with medicine; doctors and hospitals advertise, people trust big brand names in medicine, and they trust doctors who went to fancy schools or worked at fancy medical centers. And they do this with universities, responding to marketing, prestige, and rankings.
In litigation, it has been my experience that these factors may help find someone who can do the job. And often advertisements really do connect people to great lawyers. There are limits to what advertisements can do, since there is only so much a person can learn from a slogan, resume, logo, or a serious looking photograph. But advertisements may feature helpful content, like testimonials from former clients, a blog or other writing that demonstrates acumen and expertise, or specific experience in similar cases.
One challenge, though, is the fact that non-lawyers may not always know what to look for in a good litigator, so finding counsel through a general advertisement may not always lead to the best match.
Insurance Companies
A lot of law firms represent clients because their clients bought an insurance policy and the insurer retains the lawyer to represent the policyholders. This makes the relationship between the law firm and the insurance company very valuable for the law firm, and as a result, the law firm may provide the insurance company favorable rates. The insurance company may have a “panel” of lawyers it refers matters to, and those lawyers are called “panel counsel.”
Often, insurance companies will retain panel counsel for the same sorts of cases since their policyholders may have the same sort of issues. If an insurance policy frequently has claims for slip-and-fall injuries or car accidents or workplace discrimination, the insurer may refer those cases to panel counsel that deal with the same types of issues frequently. This also helps reduce costs since the law firm is already very familiar with the relevant law and procedure and can re-use document templates from similar cases.
Reputation
Some litigators develop a reputation that attracts attention from potential clients.
It may be because they specialize in a particular area, and so many may see them as an authority in the field. These lawyers may give talks or write articles about their specific subject matter expertise, and so when people search or ask around about the subject, these names come up.
Or it may be because they attract a lot of press from high profile cases. Johnnie Cochran, Paul Clement, and Tom Goldstein are three examples of lawyers whose cases drew public attention and made them sought-after counsel for clients.