What are you paid for?

Lawyers are paid to tell clients the law.  Right?  Wrong?

Lawyers are paid to help clients get from A to B in the most effective way possible.  Knowing the law is a given.  Most clients are sophisticated enough to know the basic law in their working area.  What they want is your opinion, based on your knowledge of the law, your knowledge of their business, and your knowledge of their desired outcome.

Too many lawyers:

• a) Don't know enough about the client's business to understand the bigger picture. You should be like a doctor, asking wider questions before announcing your diagnosis. The discussion is part of the client satisfaction.
• b) Presume that the client is like them, and that the client's preferred outcome is the same as theirs. The client works under a myriad of pressures, both commercial and personal, which make desired outcomes unpredictable.
• c) Refuse to give clear guidance. This is often because of (a), and really really annoys in-house counsel.

So What?

• (a) Be curious about your client's business. It's normally the most important thing in their lives, apart from themselves. OK, and their families too. Or so they say.
• (b) Ask what the client wants to happen. Don't be afraid to ask the naive question, because the client is a human being, and his or her desires may not be the strict logical ones that you anticipated.
• (c) Give a recommendation, even if you are compelled to caveat it. Remember, though, that although caveats may delight your insurers, they can send a message to your client that you aren't as good as you said you are.